Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Proposed Rules 45775

no Deepwater Ports in the United States.

While revising the regulations as

discussed above, the Coast Guard is also

considering revising the regulations to

reflect technological advancements

which have occurred, and operational

knowledge which has been gained over

the past twenty years.

Questions

Public response to the following

questions will help the Coast Guard

develop a more complete and carefully

considered rulemaking. The questions

are not all-inclusive, and any

supplemental information is welcome.

In responding to each question please

explain the reasons for each answer.

1. What provisions of the regulations

addressed can be moved from the

regulations and placed in the license

conditions?

2. What provisions of the regulations

can be moved from the regulations and

placed in the operations manual?

3. What regulations are obsolete,

unnecessary, redundant, or restrictive?

4. Should the Outer Continental Shelf

Activities regulations (33 CFR

Subchapter N) be applied to Deepwater

Ports?

5. Should the Regulations for

Facilities Transferring Oil or Hazardous

Material in Bulk (33 CFR 154) be

applied to Deepwater Ports?

6. Should the environmental

monitoring program be revised?

7. What other regulations, if any,

should the Deepwater Port regulations

be designed like?

Dated: August 22, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–23074 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CCGD08–97–020]

RIN 2115–AE84

Regulated Navigation Area

Regulations; Mississippi River, LA—

Regulated Navigation Area

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to revise the Regulated Navigation Area

(RNA) established under 33 CFR

165.810 by incorporating portions of the

temporary RNA that affects vessels of

1,600 gross tons or greater operating on

the Mississippi River. This revision

requires enhanced safety procedures for

vessels of 1,600 gross tons or greater

operating on the Mississippi River. The

Coast Guard is also proposing to require

moored or anchored passenger vessels

with embarked passengers to maintain a

manned pilothouse watch for the safety

of the vessel, crew and passengers.

DATES: Comments must be received on

or before October 14, 1997.

ADDRESSES: Comments should be

mailed to Commander, Eighth Coast

Guard District (mov–1), Room 1341,

Hale Boggs Federal Building, 501

Magazine Street, New Orleans, LA

70130–3396. The comments and other

materials referenced in this notice will

be available for inspection and copying

at the Eighth Coast Guard District

Marine Safety Division Office, New

Orleans, LA during normal office hours

between 7:30 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Comments may also be hand delivered

to this address.

FOR FURTHER INFORMATION CONTACT:

Mr. M.M. Ledet, Vessel Traffic

Management Specialist, at the Eighth

Coast Guard District Marine Safety

Division, New Orleans, LA or by

telephone at (504) 589–4686.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to

participate in this rulemaking by

submitting written views, data or

arguments. Receipt of comments will be

acknowledged if a stamped selfaddressed postcard is enclosed. Persons

submitting comments should include

their names and addresses, identify this

notice (CGD 08–97–20) and the specific

section of the proposal that the

comments apply, and give reasons for

each comment. Please submit two

copies of all comments and attachments

in an unbound format, no larger than

81⁄2 by 11 inches, suitable for copying

and electronic filing. The Coast Guard

will consider all comments received

during the comment period and may

change this proposed rule in view of the

comments.

The Coast Guard plans no public

hearings. Persons may request a public

hearing by writing to the Marine Safety

Division at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it is determined that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Regulatory History

On December 14, 1996 the 36,000

gross ton M/V BRIGHT FIELD allided

with the Riverwalk store complex

causing extensive damage and

numerous injuries. This marine casualty

prompted the Captain of the Port New

Orleans to issue Captain of the Port

Orders to moored or anchored high

capacity passenger vessels operating on

the Mississippi River. These orders

required those vessels to maintain a

manned pilothouse watch in order to

monitor river activity, and to be

immediately available to activate

emergency procedures to protect the

vessel, crew and passengers in the event

of an emergency radio broadcast, danger

signal or other visual indication of a

problem. The initial intent of this order

was to establish an interim measure to

prevent future allisions and collisions.

On March 18, 1997, (62 FR 14637,

March 27, 1997) the Coast Guard

established a temporary regulated

navigation area affecting the operation

of downbound tows in the Lower

Mississippi River from mile 437 at

Vicksburg, MS to mile 88 above Head of

Passes. These regulations were

subsequently amended on March 21 (62

FR 15398, April 1, 1997), March 29 (62

FR 16081, April 4, 1997), April 4 (62 FR

17704, April 11, 1997), April 20 (62 FR

23358, April 30, 1997). The

amendments added additional operating

requirements for vessels of 1,600 gross

tons or greater, increased the operating

limitations on tank barges and ships

carrying hazardous chemicals and

gasses, and extended the RNA to the

boundary of the territorial sea at the

approaches to Southwest Pass.

This RNA and its subsequent

amendments was also prompted by

unprecedented high waters on the

Mississippi River. Conditions on the

Lower Mississippi River became so

severe that it necessitated the opening of

the Bonnet Carre Spillway by the Army

Corps of Engineers in order to ease high

water conditions and partially combat

very strong river currents. The highwater conditions contributed to

numerous barge breakaways and a

marked increase in vessel accidents.

The additional operating requirements

were designed to provide a greater

margin of safety for vessels of 1,600

gross tons or greater operating on this

waterway.

On April 20 (62 FR 23358, April 30,

1997), the towboat and barge limitations

and the chemical and gas ship operating

restrictions expired. The regulations

affecting self-propelled vessels of 1,600
45776 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Proposed Rules

gross tons or greater were extended until

July 1, 1997. On June 24, 1997 (62 FR

35097, June 30, 1997), the regulations

affecting self-propelled vessels of 1,600

gross tons or greater were again

extended until October 31, 1997,

pursuant to a notice published in 62 FR

35097. The purpose of this extension

was to maintain the enhanced margin of

safety that had been facilitated by these

regulations. Although the Lower

Mississippi River was receding,

dangerous and unpredictable currents

remained.

Background and Purpose

In the interest of navigation safety in

the narrow confines of the Lower

Mississippi River, the Coast Guard is

seeking to make permanent the

regulations affecting self-propelled

vessels of 1,600 gross tons or greater by

incorporating them into 33 CFR

165.810. The regulated navigation area

is needed to protect vessels, bridges,

shore-side facilities, commercial

businesses and the public from a safety

hazard created by deep-draft vessel

operations along the Lower Mississippi

River.

During 1995 and 1996 over 300 selfpropelled vessels of 1,600 gross tons or

greater operating on the Mississippi

River experienced casualties involving

loss of power, loss of steering or engine

irregularities.

The proposed regulations will

enhance the safety of navigation on the

river and protect shoreside facilities—

including commercial businesses—by

causing masters and engineers to take

measures that will minimize the risk of

steering casualties, engine failures and

engine irregularities. They also place the

ship in a manning status and operating

condition that will allow the vessel to

take prompt and appropriate emergency

action should a casualty occur, thereby

reducing the likelihood of a cascading

series of allisions and collisions

following a casualty. Comments from

river pilots operating within the RNA

have established the necessity and

viability of these regulations and the

necessity for their continuation. As a

result of the operating restrictions,

pilots have seen improvements in

vessels’ readiness to respond to steering

casualties and main propulsion

irregularities and failures. Selfpropelled vessels of 1,600 or more gross

tons are prohibited from operating in

this area unless they are in compliance

with this regulation.

33 CFR 164.25 requires that before a

person causes a vessel to enter or get

underway on the navigable waters of the

United States a series of steering

systems, main propulsion machinery,

and other equipment tests shall be

conducted. Subsection 164.11(q)

mandates that the tests required by

§ 164.25 are made and recorded in the

vessel’s log. This allows the pilot to

verify that the tests required by § 164.25

have been conducted and logged in

accordance with subsection 164.11(q).

As an enhanced safety precaution for

passenger vessels anchored or moored

within the regulated navigation area, the

Coast Guard is seeking to make

permanent a regulation requiring certain

passenger vessels to maintain a manned

pilothouse watch to monitor river and/

or waterway activity, and to be

immediately available to activate

emergency procedures to protect the

vessel, crew and passengers in the event

of an emergency radio broadcast, danger

signal or other visual indication of a

problem. The Coast Guard believes that

this measure will significantly enhance

the safety of passenger vessels moored

or anchored within the regulated

navigation area.

Each ferryboat, and each small

passenger vessel that operates with 49

or less passengers, would be required to

monitor and respond, but may conduct

monitoring from a vantage point other

than the pilothouse using a portable

radio. These vessels were given

consideration because of their relatively

small size and associated reduced risk

while passengers are aboard.

Discussion of Regulation

The existing regulation in 33 CFR

165.810 establishes a Regulated

Navigation Area for the waters of the

Mississippi River below Baton Rouge,

LA, including South Pass and

Southwest Pass. By this proposed rule

the Coast Guard adds specific

operational requirements to certain

vessels when transiting, moored or

anchored in the Regulated Navigation

Area. These requirements are designed

to assist in the prevention of collisions

and groundings, ensure port safety,

enhance the safety of moored or

anchored passenger vessels.

Subsection (e) of this proposed rule

addresses additional operating

requirements for passenger vessels with

embarked passengers. Passenger vessels

shall continuously man the pilothouse

and remain apprised of river activities

in their vicinity by monitoring VHF

emergency and working frequencies.

This would allow an individual

operating a passenger vessel to be

immediately available to take necessary

action to protect the vessel, crew and

passengers in the event that an

emergency broadcast, danger signal or

visual indication of a problem is

received or detected.

An exception to this proposed rule is

made for any ferryboat or small

passenger vessel that operates with 49

or fewer passengers. These vessels are

not required to continuously man the

pilothouse since personnel may monitor

VHF frequencies via a portable radio

from a vantage point other than the pilot

house.

Subsection (f) of this proposed rule

pertains to all self-propelled vessels

bound by 33 CFR part 164. The

proposed rule requires that the master

shall ensure the vessel is in compliance

with 33 CFR part 164 and that the

engine room is manned at all times

while the vessel is underway in the

RNA. Additionally, this subsection

requires that the master ensure that the

chief engineer has certified that: The

main propulsion plant is ready in all

respects for operations including the

main propulsion air start systems, fuel

systems, lube oil systems, cooling

systems and automation systems;

automatic or load limiting throttle

systems are operating in the manual

mode with engines available to

immediately answer maneuvering

commands; cooling, lubricating and fuel

oil systems are within proper

temperature parameters; and standby

systems are ready to be placed

immediately in service. These

additional operating conditions are

required so long as the vessel is

underway in the RNA.

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 potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget 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 10e of the

regulatory policies and procedures of

DOT is unnecessary. Although the exact

cost of the impact of this proposed rule

is not known the safety benefits derived

from these rules far exceed the de

minimus nature of the costs. The

prevention of another M/V BRIGHT

FIELD-type allision would save

shoreside businesses, maritime users

and the public in general tens of

millions of dollars in potential property

damage and liability. It is difficult to

precisely quantify the benefits accrued

from the prevention of collisions and

allisions on the Lower Mississippi
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Proposed Rules 45777

River. Nevertheless, this proposed rule

represents a minimal cost in return for

the heightened safety on this waterway,

particularly given the fact that the

requirements in this proposed rule

supplement existing regulatory

requirements.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and (2)

governmental jurisdictions with

populations of less than 50,000. The

Coast Guard has reviewed it for

potential impact on small entities. The

Coast Guard does not believe that any of

the entities affected by this proposed

rule qualify as small entities.

Furthermore, because the proposed rule

affects deep-draft vessels underway and

passenger vessels when passengers are

onboard, and because a ferryboat or

small passenger vessel carrying 49

people or less may monitor using a

portable radio from a vantage point

other than the pilot house, the Coast

Guard’s position is that this proposed

rule will not have a significant

economic impact on a substantial

number of small entities. If, however, an

individual or organization believes that

its business or organization qualifies as

a small entity and that this proposed

rule will have a significant economic

impact on its business or organization,

please submit a comment (see

ADDRESSES) explaining why the

individual or organization believes it

qualifies and in what way and to what

degree this proposed rule will adversely

affect it.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposed rule under the principles and

criteria contained in Executive Order

12612, and it is determined that it does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under

paragraph 2.B.2 of Commandant

Instruction M16475.1B (as revised by 61

FR 13563, March 27, 1996), 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 in 33 CFR Part 165

Harbors, Mine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

In consideration of the foregoing, the

Coast Guard proposes to amend part 165

of title 33, Code of Federal Regulations

to read as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. 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, and 160.5;

46 CFR 1.46.

2. In § 165.810, paragraph (a) is

revised and new paragraphs (e) and (f)

are added to read as follows:

§ 165.810 Mississippi River, LA-regulated

navigation area.

(a) Purpose and applicability: This

section prescribes rules for all vessels

operating in the Mississippi River below

Baton Rouge, LA, including South Pass

and Southwest Pass, to assist in the

prevention of collisions and groundings

so as to ensure port safety and to

enhance the safety of passenger vessels

moored or anchored in the Mississippi

River. * * *

(e) Watch requirements for anchored

and moored passenger vessels.

(1) Passenger vessels. Except as

provided in paragraph (e)(2) of this

section, each passenger vessel whenever

one or more passengers are aboard shall:

(i) Keep a continuously manned

pilothouse and;

(ii) Monitor river activities and

marine VHF emergency and working

frequencies of the port so as to be

immediately available to take necessary

action to protect the vessel, crew and

passengers in the event that an

emergency radio broadcast, danger

signal or visual indication of a problem

is received or detected.

(2) Each ferryboat, and each small

passenger vessel that operates with 49

or less passengers, may monitor river

activities using a portable radio from a

vantage point other than the pilothouse.

(f) All self-propelled vessels subject to

the regulations at 33 CFR part 164 shall

also comply with the following:

(1) The engine room shall be manned

at all times while underway in the RNA.

(2) Prior to embarking a pilot when

entering or getting underway in the

RNA, the master of each vessel shall

ensure that the vessel is in compliance

with 33 CFR part 164.

(3) The master shall ensure that the

chief engineer has certified that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

(i) The main propulsion plant is in all

respects ready for operations including

the main propulsion air start systems,

fuel systems, lubricating systems,

cooling systems and automation

systems;

(ii) Cooling, lubricating and fuel oil

systems are at proper operating

temperatures;

(iii) Automatic or load limiting main

propulsion plant throttle systems are

operating in manual mode with engines

available to immediately answer

maneuvering commands; and

(iv) Main propulsion standby systems

are ready to be immediately placed in

service.

Dated: August 22, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–23076 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 62

[LA–39–1–7332b; FRL–5876–6]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants, Louisiana;

Control of Landfill Gas Emissions from

Existing Municipal Solid Waste

Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rulemaking.

SUMMARY: This notice proposes approval

of the Louisiana State Plan for

controlling landfill gas emissions from

existing municipal solid waste landfills.

The plan was submitted to fulfill the

requirements of the Clean Air Act. The

State Plan establishes emission limits

for existing MSW landfills, and provides

for the implementation and enforcement

of those limits. Please see the direct

final notice of this action located