24616 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 26, 161, and 165

[USCG–1998–4399]

RIN 2115–AF75

Vessel Traffic Service Lower

Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a Vessel Traffic Service (VTS)

on the Lower Mississippi River and

transfer certain vessel traffic

management provisions of the

Mississippi River, LA—Regulated

Navigation Area to the VTS. The Coast

Guard would implement the proposed

transition to VTS in a phased manner

which would allow for the orderly

transition from existing regulations and

practices to operating procedures

appropriate to an Automatic

Identification System (AIS)-based VTS.

This proposed rule would facilitate

vessel transits, enhance good order,

promote safe navigation, and improve

upon existing operating measures on the

waterway. In addition to establishing a

VTS, minor revisions to the existing

vessel traffic management provisions,

and related regulations are proposed.

DATES: Comments and related material

must reach the Docket Management

Facility on or before July 25, 2000.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit them by only one of the

following means:

(1) By mail to the Docket Management

Facility (USCG–1998–4399), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, 400 Seventh Street

SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays. You may also

find this docket on the Internet at http:/

/dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, contact

Mr. Jorge Arroyo, Office of Vessel

Traffic Management (G–MWV), Coast

Guard, telephone 202–267–6277, or via

email at jarroyo@comdt.uscg.mil. For

questions on viewing or submitting

material to the docket, call Dorothy

Walker, Chief, Dockets, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (USCG–1998–4399),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. You may submit your

comments and material by mail, hand

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please

submit your comments and material by

only one means. If you submit them by

mail or hand delivery, submit them in

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the Facility, please enclose a

stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

The Coast Guard held a public

meeting on October 28, 1998, in New

Orleans, LA. The meeting was

announced in a notice published in the

Federal Register on September 18, 1998

(63 FR 49939). This meeting gave the

Coast Guard the opportunity to discuss

the Vessel Traffic Service (VTS) concept

and the envisioned impact of Automatic

Identification System (AIS) technology

to the VTS program. It also was an

opportunity to report the preliminary

results of AIS tests conducted on the

Lower Mississippi River. Further efforts

in AIS and their impact on the proposed

VTS are not discussed in depth in this

proposal. However, AIS requirements

will be subject of a forthcoming

rulemaking.

In addition, the Coast Guard has

discussed the VTS concept at various

Lower Mississippi River Waterways

Safety Advisory Committee

(LMRWSAC) meetings. LMRWSAC is a

Federally chartered advisory committee,

chaired by the Eighth Coast Guard

District Commander and charged with

making recommendations to the Coast

Guard on matters relating to the transit

of vessels and products on the Lower

Mississippi River. These open-forums

have afforded the public the

opportunity to comment on both VTS

and AIS issues. Their input has and will

be taken into account prior to the final

rulemaking.

The Coast Guard is still considering

whether or not to have another public

meeting on this issue. We would like

your comments on the reasons why

another meeting would be beneficial.

Send your comments requesting a

public meeting to the Docket

Management Facility at the address

under ADDRESSES. If we determine that

another public meeting would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

This proposed rule would amend

vessel traffic measures within the

Mississippi River Regulated Navigation

Area and would create a VTS that will

serve the Lower Mississippi River. The

purpose of this rulemaking is to update

certain operating practices, adopt

standard traffic management

procedures, and to inform the mariner

of certain services provided by a Coast

Guard Vessel Traffic Service.

1. Vessel Traffic Services

The Coast Guard operates eight VTSs

in the United States. A VTS provides

pertinent navigation and safety

information for mariners to make

informed decisions during their voyage.

The Coast Guard has operated variations

of a VTS in New Orleans in the past.

The efforts have been plagued by

budgetary constraints, the limitations of

voluntary participation, and the

temporary or part-time nature of the

VTS operation. Since the last VTS New

Orleans in the 1980s, the Coast Guard,

as directed by the Oil Pollution Act of

1990, has:

(1) Validated the need for a VTS in

certain ports;

(2) Made participation mandatory in

all VTS ports; and

(3) Invested in infrastructure

improvement to VTS equipment and

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24617

standardized operating procedures

across all United States VTSs.

The Coast Guard has long recognized

the potential benefits of a properly

constituted VTS on the Lower

Mississippi River and the Algiers Point/

Crescent area in particular.

Additionally, the Congress has

expressed its desire that the Lower

Mississippi River receive a ‘‘state-of-theart’’ VTS (Congressional Record,

H10398, September 16, 1996).

A federally operated and locally

adopted vessel traffic management

facility has been in place in the New

Orleans Harbor since the 1930s. In an

effort to assist the mariner, safeguard the

port, ensure good order, and improve

safety, the Algiers Point Control Lights

were implemented. This system has

evolved from one that was operated by

local river pilots who stood watch using

lanterns and whistle signals to

communicate when the Algiers Point

was clear for traffic, to a 24 hour

federally-staffed communication station

with twin control light towers (at

Governor Nicholls Street Wharf and

Gretna). Although, not formally

recognized as a VTS, it has provided

longstanding traffic management

services from its inception.

The Algiers Point/Crescent area is

currently subject to regulatory

provisions established in Title 33 CFR

165.810(c). The current regulations have

been in place, unmodified, for years,

and reflect old practices that have long

been abandoned by both the Coast

Guard and mariners. In the intervening

years since these outmoded procedures

were put in place, newer procedures,

better suited to improved technology

(VHF voice radiotelephone in

particular), and changing river

conditions have entered into general

use. The procedures and practices

proposed for codification in this rule are

essentially the same as those currently

in use at the Algiers Point/Crescent area

at this time.

The primary objective of the existing

regulatory system is to provide for

orderly traffic flow around Algiers

Point. Mandatory vessel traffic

measures, represented by the light

signals, are in place to lessen the

potential for mishap during periods of

high water. Algiers Point is one of the

most challenging bends to safely

navigate on the Mississippi River,

particularly in high water conditions.

Vessels must negotiate a 120 degree

bend in the river amidst constantly

changing hydrographic conditions,

congested waters, and various bridges

and piers in one of the busiest industrial

harbors in the world. The consequences

of improper navigation in this segment

of the river are both significant and well

documented. Since 1991, there have

been over 350 reportable marine

casualties within this area. The failure

to safely transit this area can quickly

lead to a mishap causing substantial

property damage, serious environmental

and economic consequences, or loss of

life.

The Coast Guard and local mariners

recognize that this segment of the

waterway warrants great vigilance. The

nature of vessel traffic within this

segment, and the anticipated increase in

traffic, requires certain vessel traffic

measures be in place at all times, or at

least available at a moments notice.

These measures can only be assured by

operating a Vessel Traffic Center (VTC)

within the framework of a VTS. A VTC

is a shore-side facility that operates

within a VTS and has the capability to

interact with marine traffic and respond

to situations that develop. The existing

Control Light operation in the Lower

Mississippi River and around Algiers

Point has proven itself valuable in some

measures of vessel traffic management.

However, these measures are narrow in

scope, limited to this area, and only

operate during high water periods.

Limitations of equipment, staffing, and

site location hamper the light operator’s

ability to provide for the overall safety

and efficiency of anticipated vessel

traffic beyond the immediate vicinity of

Algiers Point. The Coast Guard intends

to enhance system capabilities in order

to improve navigation at Algiers Point

and on the entire Lower Mississippi

River through implementation of a 24-

hour VTS.

2. Stakeholder Involvement

The Coast Guard has long recognized

that a VTS on the Lower Mississippi

River would be a valuable asset to all

stakeholders. A stakeholder is any entity

that may be impacted by the waterway

either directly or indirectly. In addition,

many stakeholders have pointed out

that to achieve success, the next VTS

must meet the needs of the users while

imposing the least amount of burden,

especially in terms of VHF voice radio

communications. In 1997, the Coast

Guard formed the Ports and Waterways

Safety Systems Committee (PWSSC).

This ad-hoc committee, under

LMRWSAC, of maritime, port

community, government, and public

stakeholders, was created to define user

requirements for a VTS that would

accomplish the joint overall goals of

safety and efficiency. Since its

formation, PWSSC has met several

times, and the product of these meetings

was a conceptual baseline VTS plan (see

U.S. Coast Guard Docket USCG–1998–

4399–3 at http://dms.dot.gov), endorsed

by LMRWSAC. One key aspect of this

plan was the need to implement AIS

technology, and to incorporate AIS as a

key component of future VTS

implementation.

3. Automatic Identification System

Concept

AIS technology relies upon global

navigational positioning systems,

navigation sensors, and digital

communication equipment operating

according to standardized protocols

(i.e., AIS transponders) that permit the

voiceless exchange of navigation

information between vessels and shoreside vessel traffic centers. AIS

transponders on vessels can broadcast

information about the vessel, such as its

name or call sign, dimensions, type,

position (derived from a global

navigation system), course, speed, and

navigation status. This information is

continually updated and received by all

AIS-equipped vessels in its vicinity. An

AIS-based VTS would be able to

augment this broadcast with additional

safety and navigation information such

as weather, tides, currents, and status of

navigational aids. This additional

information could be relayed to all VTS

users for their consideration in voyage

planning and execution. The advantage

of this automatic exchange of

information is that it can be accessed by

all, tailored to the mariners needs and

desires, and greatly reduce voice radio

exchanges. The ease of operation of the

VTS and the reduction of voice

interactions should greatly enhance

mariners’ ability to navigate, improve

their situational awareness, and assist

them in the performance of their duties;

thus reducing the risk of collisions.

The Coast Guard recognizes the

importance of AIS and has led the way

on various international fronts for

acceptance and adoption of this

technology. Through its national

representation role in the International

Maritime Organization (IMO),

International Telecommunications

Union (ITU), and participation in

various other international working

groups, including groups within the

International Electrocommunications

Commission (IEC), the Coast Guard has

been a leader in the drafting and/or

adoption of various technical standards

(e.g., ITU–R M.1371, IEC 61993–2). This

should ensure the universal interoperability of each AIS unit. The Coast

Guard permits certain variations of AIS

in VTS Prince William Sound (see 33

CFR 164.43), and has conducted or

participated in extensive operational

tests of several Universal AIS

precursors. However, the most

24618 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

comprehensive test bed has been on the

Lower Mississippi River. Through

recent testing, and based on feedback

received from test participants and other

stakeholders in the area, the Coast

Guard proposes the establishment of a

VTS on the Lower Mississippi River,

which will eventually incorporate full

use of Universal AIS technology.

Thus, this rulemaking proposes the

creation of the Vessel Traffic Service

Lower Mississippi River (VTS LMR).

This effort is part of a comprehensive

safety improvement initiative being

implemented by the Coast Guard in

consultation with various stakeholders

in the area, including LMRWSAC. The

Coast Guard began the initial phase of

this initiative with a capitalization

program that will provide New Orleans

and the mariners of the Lower

Mississippi River with additional Coast

Guard personnel and a modernized VTC

on One Canal Place, in New Orleans,

LA. From this VTC, the Coast Guard has

the capability to monitor the movement

of VTS users and provide navigation

services to all requesting mariners that

will help them plan their transits of the

Lower Mississippi River. Initially, the

Coast Guard intends to hire and train

additional personnel and conduct

concurrent operations from both the

VTC and Control Light Towers. During

these concurrent operations (e.g.,

shadow operations), the Control Light

functions will be transitioned gradually

to the VTC. During the initial period,

light operators will conduct the actual

watch from the Control Light Towers

while other watchstanders will

simultaneously monitor vessel traffic at

Algier Point (shadow operations) from

the VTC. Over time, these roles will

reverse with the intended final stage

being a gradual phase-out of manning

the Control Light Towers. These shadow

operations will last for as long as it takes

the VTC to operate as seamlessly and

effectively as it’s predecessor, Control

Light operations. The objective in this

shadow operations and transition period

will be to verify that the light operator

function can be successfully performed

from the VTC as a first step in shifting

from the current situation to the future

AIS-based VTS. The changes under the

shadow operations and through

transition from the current towers to the

VTC should be transparent to the

mariner transiting the Algiers Point/

Crescent area. This is in keeping with

the expressed desire of waterway users,

voiced through the LMRWSAC, that this

section of river continues to receive the

highest level of scrutiny and

navigational assistance/control. The

Coast Guard estimates this transition

will take approximately 12 months.

Since the bend at Algiers Point remains

an area of great concern, and warrants

extra precaution, we also propose that

the segment of the river between 93.5

and 95 miles Above Head of Passes be

designated a VTS Special Area, and that

provisions formerly set forth in 33 CFR

165.810(c) continue to apply in periods

of high water.

The Coast Guard proposes to have the

area of operation of VTS LMR

eventually extend from 20 miles above

Baton Rouge to the outer limit of the 12

mile territorial sea boundary. However,

it recognizes and accepts that mariners

would be unable to comply with

reporting requirements set forth in the

National VTS regulations until AIS

transponder carriage requirements

become mandatory. Although VTS LMR

will not be able to accept movement

reports or provide vessel movement

information until AIS transponders

become mandatory, it could still

provide a host of services to the mariner

throughout the proposed Vessel Traffic

Service Area (VTSA) in the interim,

such as information on navigational aids

outages, potential hazardous

circumstances, and weather conditions.

The Coast Guard would provide full

VTS services throughout the entire

VTSA once universal AIS carriage

becomes mandated. A future Coast

Guard rulemaking will address

proposed AIS carriage requirements and

their impact on VTS operations

nationwide. In the meantime, the Coast

Guard has an adequate infrastructure of

radar, cameras, communications,

integrated navigational displays, and

computers to provide all VTS services

and capabilities in those waters within

the VTS Special Area outlined in the

proposed regulation. In this segment of

the river, the Coast Guard proposes

requiring that VTS users meet the

provisions of the Vessel Movement

Reporting System (VMRS) found in 33

CFR part 161.

Discussion of Proposed Rule

This rule proposes revising

regulations in 33 CFR parts 26, 161, and

165 as follows:

Section 26.03 Radiotelephone

Required

The Coast Guard proposes removing

Table § 26.03(F) to avoid duplication

and possible confusion to the mariner.

Instead, § 26.03 would direct the reader

to Table § 161.12(B) in 33 CFR 161.12

for the appropriate VTS monitoring

requirements.

Section 161.2 Definitions

The Coast Guard proposes clarifying

the term ‘‘Hazardous Vessel Operating

Condition’’ to make it clear that in

addition to equipment and manning

shortcomings, any vessel condition that

‘‘may affect the positive control or safe

handling’’ of a vessel, and towing

vessels in particular, is deemed a

‘‘hazardous vessel operating condition.’’

Section 161.65 Vessel Traffic Service

Lower Mississippi River

The Coast Guard proposes adding a

new entry that would describe the

Lower Mississippi River VTS area and

the Algiers Point VTS Special Area. The

VTS area would extend from 20 miles

north of Baton Rouge to the outer limit

of the territorial sea seaward of

Southwest Pass. The VTS Special Area

would consist of those waters of the

Lower Mississippi River 93.5 and 95

miles Above Head of Passes. In addition

to the special operating requirements

already in place in part 161, additional

requirements and instructions would be

added to mirror the existing Control

Light operations.

Also, we clarify that not all VTS

services nor vessel movement reporting

requirements would be in effect in the

VTSA until AIS carriage requirements

become mandatory. The Coast Guard

will await standardization and

availability of AIS equipment before

requiring vessel movement reports

throughout the entirety of the VTS area.

Reporting points for the Algiers Point

VTS Special Area are added, and will be

in effect during periods of high water.

Another clarifying note has been

added to define the term navigable

water as denoted in the description of

the VTS Lower Mississippi River. The

VTS boundary would extend to the 12

nautical mile territorial sea in section

102 of the Ports and Waterways Safety

Act (33 U.S.C. 1222), as added by

section 301 of the Coast Guard

Authorization Act of 1998, and

Presidential Proclamation 5928.

Section 165.810 Mississippi River, LARegulated Navigation Area

In paragraph (c), the Coast Guard will

amend the existing Mississippi River,

LA-Regulated Navigation Area (RNA) to

remove the provisions on Control Lights.

The core of these provisions would be

added to the special operating

requirements of the Algiers Point VTS

Special Area in § 161.65.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24619

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

‘‘significant’’ under the regulatory

policies and procedures of the

Department of Transportation (DOT) (44

FR 11040, February 26, 1979).

The Coast Guard expects the

economic impact of this proposed rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. Since vessels

presently follow the rules outlined in

this proposal, the Coast Guard believes

that this proposal, if adopted, would

only have a minimal economic impact.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this proposed rule

would have a significant economic

impact on a substantial number of small

entities. The term ‘‘small entities’’

comprises small businesses, not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

Small entities were represented on the

Ports and Waterways Safety System

Committee (PWSSC), and were invited

to participate in the Public Meeting held

on October 28, 1998, in New Orleans.

Both the PWSSC and the public meeting

are discussed elsewhere in this

preamble. Small entities, through their

participation, have assisted in the

developed user requirements for a VTS

in the Lower Mississippi River area.

Additionally, vessels are presently

following the rules outlined in this

proposal, thus the adoption of these

rules would not have a significant

impact on a substantial number of small

entities.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed

rule would not have a significant

economic impact on a substantial

number of small entities. If you believe

that your business, organization, or

governmental jurisdiction qualifies as a

small entity and that this rule would

have a significant economic impact on

it, please submit a comment to the

Docket Management Facility at the

address under ADDRESSES. In your

comment, explain why you think it

qualifies, and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

Title I of the Ports and Waterways

Safety Act (33 U.S.C. 1221 et. seq.)

(PWSA) authorizes the Secretary to

promulgate regulations to establish and

maintain vessel traffic services

consisting of measures for controlling or

supervising vessel traffic to protect the

marine environment. In enacting PWSA

in 1972, Congress found that advance

planning and consultation with the

affected States and other stakeholders

was necessary in the development and

implementation of a VTS. The Coast

Guard throughout the history of the

development of the VTS on the Lower

Mississippi River has consulted with

the State of Louisiana, the affected state

and federal pilot’s associations, vessel

operators, users, and all affected

stakeholders. An example of stakeholder

consultation is the PWSSC, which was

formed in 1997. This ad-hoc committee

of maritime, port community, and

public stakeholders has met several

times, and the product of these meetings

was a conceptual baseline VTS plan (see

U.S. Coast Guard Docket USCG–1998–

4399–3 at http://dms.dot.gov). The State

was an active participant of PWSSC

meetings and contributed to this plan.

The Coast Guard will continue to

consult with all involved as the final

rule is developed and implemented.

Presently, there are no Louisiana State

laws or regulations concerning the same

subjects as are contained in the rules

proposed. Throughout the

consultations, the State of Louisiana and

the Coast Guard have worked closely in

developing these proposed regulations.

We understand that no State law or

regulation on the subject of these

proposed rules is contemplated. The

rules for operation and equipment

required on vessels proposed in this

rulemaking would preempt any State

laws or regulations that may be enacted

on the same subject matter and having

the same purpose as this proposed rule

under the principles announced by the

U.S. Supreme Court in United States v.

Locke,—U.S.—No. 98–1701 (March 6,

2000) and Ray v. Atlantic Richfield Co.,

435 U.S. 151 (1978).

We will continue to consult with the

State of Louisiana, the Governor’s Task

Force on Maritime Industry

representative, as well as all affected

stakeholders as this proposed rule

progresses, and during its

implementation as a final rule. Their

concerns will continue to be received,

considered, and addressed in a spirit of

cooperation to ensure that the waters of

the Lower Mississippi River affected by

this proposed rule are made safer and

more environmentally secure.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their regulatory actions not specifically

required by law. In particular, the Act

addresses actions that may result in the

expenditure by a State, local, or tribal

government, in the aggregate, or by the

private sector of $100,000,000 or more

in any one year. Though this proposed

rule would not result in such an

expenditure, we do discuss the effects of

this rule elsewhere in this preamble.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under E.O.

12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

The Coast Guard has analyzed this

proposed rule under E.O. 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule, and does not concern

an environmental risk to health or risk

to safety that may disproportionately

affect children.

Environment

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under figure 2–

1, paragraphs 34(g) and (i) Commandant

Instruction M16475.1C (for Regulated

Navigation Areas and VTS respectively),

this proposed rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects

33 CFR Part 26

Communications equipment, Marine

safety, Radio, Telephone, Vessels.

33 CFR Part 161

Harbors, Navigation (water),

Reporting and recordkeeping

requirements, Vessels, Waterways.

24620 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

33 CFR Part 165

Harbors, Navigation (water),

Reporting and recordkeeping

requirements, Vessels, Waterways. For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR parts 26, 161, and 165 as

follows:

PART 26—VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE

REGULATIONS

1. The authority citation for part 26

continues to read as follows:

Authority: 14 U.S.C. 2; 33 U.S.C. 1201–

1208; 49 CFR 1.45(b), 1.46; Rule 1,

International Regulations for the Prevention

of Collisions at Sea.

2. In § 26.03, remove Table 26.03(F)

and revise paragraph (f) to read as

follows:

§ 26.03 Radiotelephone required.

* * * * *

(f) In addition to the radiotelephone

required by paragraph (b) of this section,

each vessel described in paragraph (a) of

this section while transiting any waters

within a Vessel Traffic Service Area,

must have on board a radiotelephone

capable of transmitting and receiving on

the VTS designated frequency in Table

161.12(B)—Vessel Traffic Services

(VTS) Call Signs, Designated

Frequencies, and Monitoring Areas,

found in 33 CFR 161.12.

* * * * *

PART 161—VESSEL TRAFFIC

MANAGEMENT

3. The authority citation for part 161

continues to read as follows:

Authority: 33 U.S.C. 1231; 33 U.S.C. 1223;

49 CFR 1.46.

4. In § 161.2 amend the definition of

‘‘Hazardous Vessel Operating

Condition’’ by revising the introductory

text and paragraph (3) to read as

follows:

§ 161.2 Definitions.

* * * * *

Hazardous Vessel Operating

Condition means any condition related

to a vessel’s ability to safely navigate or

maneuver, and includes, but is not

limited to:

* * * * *

(3) Vessel characteristics that affect or

restrict maneuverability, such as cargo

or tow arrangement, trim, loaded

condition, underkeel or overhead

clearance, speed capabilities, power

availability or similar characteristics

which may affect the positive control or

safe handling of the vessel or the tow.

* * * * *

5. In § 161.12 amend Table 161.12(B)

by adding the following entry to the end

of the table as well as footnotes 8 and

9:

§ 161.12 Vessel operating requirements.

* * * * *

TABLE 161.12(B).—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS

Vessel traffic service call sign

Designated 1 frequency (channel

designation)

Monitoring area

*******

Lower Mississippi River: 8

New Orleans Traffic ........................ 156.700 MHz

(Ch.14).

The navigable waters 9 of the Lower Mississippi River below 30° 38.7′ N 91°

17.5′ N (Port Hudson Light at 255 miles Above Head of Passes (AHP)), the

Southwest Pass, and, within a 12 nautical miles radius around 28° 54.3′ N

89° 25.7′ N (Southwest Pass Entrance Light at 19.9 miles Below Head of

Passes).

156.600 MHz

(Ch.12).

New Orleans Sector. The navigable waters of the Lower Mississippi River

bounded on the north by a line drawn perpendicularly at 29° 56.4′ N 90°

08.36′ W and on the south by a line drawn perpendicularly at 29° 56.24′ N

89° 59.86′ W (88 and 106 miles AHP)

*******

8 Until July 1, 2002 and unless otherwise directed, VTS users outside of the New Orleans Sector are exempted of all VMRS requirements (33

CFR 161, Subpart B). As a result, only limited VTS services are available throughout the entire monitoring area. In particular the services denoted in 33 CFR 161.10(c), (f), and (g) will not be available. 9 ‘Navigable waters’ includes all of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27,

1988, which states, ‘‘The territorial sea of the United States henceforth extends to 12 nautical miles from the baselines of the United States determined in accordance with international law.’’

* * * * *

6. Add § 161.65 and Table 161.65(D)

to read as follows:

§ 161.65 Vessel Traffic Service Lower

Mississippi River.

(a) The VTS area consists of navigable

waters of the Lower Mississippi River

below 30° 38.7′ N 91° 17.5′ W [Port

Hudson Light at 255 miles Above Head

of Passes (AHP)], the Southwest Pass,

and those within a 12 nautical mile

radius around 28° 54.3′ N 89° 25.7′ W

(Southwest Pass Entrance Light at 19.9

miles Below Head of Passes).

(b) The Algiers Point VTS Special

Area consists of the navigable waters of

the Lower Mississippi River bounded on

the north by a line drawn from 29°

57.62′ N 90° 02.61′ W to 29° 57.34′ N

90° 02.60′ W, and, on the south by a line

drawn from 29° 56.89′ N 90° 03.72′ W

to 29° 56.93′ N 90° 03.34′ W (95 and

93.5 miles AHP) during periods of high

water; that is when the Carrolton Gage

reads 8.0 feet or above on a rising stage

or 9.0 feet or above on a falling stage,

or under any other water conditions the

Captain of the Port (COTP) deems

necessary.

(c) Additional VTS Special Area

Operating Requirements. The following

additional requirements are applicable

in the Algiers Point VTS Special Area:

(1) A VMRS User must abide by the

signals of the Governor Nicholls, 29°

57.6′ N 90° 03.4′ W, and Gretna, 29°

55.5′ N 90° 03.7′ W, Control Lights (94.3

and 96.6 miles AHP, respectively) in the

following manner:

(i) Green Light—May proceed as

intended.

(ii) Red Light—Do not proceed, unless

otherwise directed by the VTC.

(iii) No Light—Do not proceed,

immediately notify VTC and await

further directions.

Note: To provide advance notification to

downbound vessels, a traffic repeater signal

of Gretna Light is located at Westwego, LA,

29° 54.8′ N 90° 08.3′ W, (101.4 miles AHP).

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24621

(2) A vessel awaiting a signal change

or VTC directions shall keep clear of

other vessels transiting the area.

(d) Reporting Points.

TABLE 161.65(D).—VTS LOWER MISSISSIPPI RIVER REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude/mile marker Notes

A ............................ Chalmette Slip .................. 90.4 AHP .......................... 29 56.2′ N; 90 59.86′ W ................. Towing vessels exempted.

B ............................ Industrial Canal ................ 92.7 AHP .......................... 29 57.2′ N; 90 01.68′ W.

C ........................... Crescent Towing Smith

Fleet.

93.5 AHP .......................... 29 57.50′ N; 90 02.62′ W ............... Towing vessels only.

D ........................... Marlex Terminal (Naval

Ships).

99.0 AHP .......................... 29 54.65′ N; 90 05.87′ W.

E ............................ Cargill Grain Elevator,

Westwego.

103.1 AHP ........................ 29 56.24′ N; 90 08.3′ W.

PART 165—NAVIGATION SAFETY

REGULATIONS

7. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

§ 165.810 [Amended]

8. Amend § 165.810 by: a. Removing

paragraph (c) and redesignate

paragraphs (d), (e), and (f) as (c), (d), and

(e) respectively; and

b. Adding a note at the end of the

section to read as follows:

§ 165.810 Mississippi River, LA-regulated

navigation area.

* * * * *

Note: Control Light provisions (previously

referenced in this section) used to manage

vessel traffic during periods of high waters in

the vicinity of Algiers Point are found in 33

CFR 161.65(c).

Dated: April 19, 2000.

J.P. High,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 00–10298 Filed 4–25–00; 8:45 am]

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