[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Proposed Rules]
[Pages 24616-24621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10298]



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Part VI





Department of Transportation





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Coast Guard



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33 CFR Part 26 et al.



Vessel Traffic Service Lower Mississippi River; Proposed Rule

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

[[Page 24616]]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#4822293a3a273127082b27252c3c663d3b2b2f66252124"><span class="__cf_email__" data-cfemail="7812190a0a170117381b17151c0c560d0b1b1f56151114">[email protected]</span></a>. 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 8\1/2\ 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

[[Page 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-the-art'' 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 shore-side 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 
inter-operability 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

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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 Sec. 26.03(F) to avoid 
duplication and possible confusion to the mariner. Instead, Sec. 26.03 
would direct the reader to Table Sec. 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, LA-Regulated 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 Sec. 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

[[Page 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-for-profit 
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.

[[Page 24620]]

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-TO-BRIDGE 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 Sec. 26.03, remove Table 26.03(F) and revise paragraph (f) to 
read as follows:


Sec. 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 Sec. 161.2 amend the definition of ``Hazardous Vessel 
Operating Condition'' by revising the introductory text and paragraph 
(3) to read as follows:


Sec. 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 Sec. 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:


Sec. 161.12  Vessel operating requirements.

* * * * *

    Table 161.12(B).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                            Designated \1\
   Vessel traffic service call sign       frequency (channel                     Monitoring area
---------------------------------------------designation)-------------------------------------------------------
*                  *                  *                  *                  *                  *
                                               *
Lower Mississippi River: \8\
    New Orleans Traffic..............  156.700 MHz (Ch.14)....  The navigable waters \9\ of the Lower
                                                                 Mississippi River below 30 deg. 38.7' N 91 deg.
                                                                 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
                                                                 deg. 54.3' N 89 deg. 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 deg. 56.4' N
                                                                 90 deg. 08.36' W and on the south by a line
                                                                 drawn perpendicularly at 29 deg. 56.24' N 89
                                                                 deg. 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 Sec. 161.65 and Table 161.65(D) to read as follows:


Sec. 161.65  Vessel Traffic Service Lower Mississippi River.

    (a) The VTS area consists of navigable waters of the Lower 
Mississippi River below 30 deg. 38.7' N 91 deg. 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 deg. 54.3' N 89 deg. 
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 deg. 57.62' N 90 deg. 02.61' W to 29 deg. 57.34' N 
90 deg. 02.60' W, and, on the south by a line drawn from 29 deg. 56.89' 
N 90 deg. 03.72' W to 29 deg. 56.93' N 90 deg. 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 deg. 57.6' N 90 deg. 03.4' W, and Gretna, 29 deg. 55.5' N 90 deg. 
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 deg. 54.8' N 90 deg. 08.3' W, (101.4 miles AHP).


[[Page 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
----------------------------------------------------------------------------------------------------------------
                                                        Geographic       Latitude/longitude/
           Designator             Geographic name      description           mile marker             Notes
----------------------------------------------------------------------------------------------------------------
A..............................  Chalmette Slip...  90.4 AHP.........  29 56.2' N; 90 59.86'   Towing vessels
                                                                        W.                      exempted.
B..............................  Industrial Canal.  92.7 AHP.........  29 57.2' N; 90 01.68'
                                                                        W.
C..............................  Crescent Towing    93.5 AHP.........  29 57.50' N; 90 02.62'  Towing vessels
                                  Smith Fleet.                          W.                      only.
D..............................  Marlex Terminal    99.0 AHP.........  29 54.65' N; 90 05.87'
                                  (Naval Ships).                        W.
E..............................  Cargill Grain      103.1 AHP........  29 56.24' N; 90 08.3'
                                  Elevator,                             W.
                                  Westwego.
----------------------------------------------------------------------------------------------------------------

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.


Sec. 165.810  [Amended]

    8. Amend Sec. 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:


Sec. 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]
BILLING CODE 4910-15-P


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