58650 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

Rule 201 or 202 of Regulation S–T

(§§ 232.201 or 232.202 respectively).

By the Commission.

Dated: October 24, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–28704 Filed 10–29–97; 8:45 am]

BILLING CODE 8010–01–P

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2200

Rules of Procedure; E–Z Trial

CFR Correction

In title 29 of the Code of Federal

Regulations, part 1927 to end, revised as

of July 1, 1997, on page 261, in

§ 2200.203, paragraph (a) should be

removed and reserved.

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CCGD08–97–020]

RIN 2115–AE84

Regulated Navigation Area

Regulations; Mississippi River, LARegulated Navigation Area

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is revising

the Regulated Navigation Area (RNA)

for vessels operating in the Mississippi

River below Baton Rouge, Louisiana

including South Pass and Southwest

Pass by adding additional requirements

for vessels of 1,600 gross tons or greater

operating in the RNA. 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 requiring moored or

anchored passenger vessels with

embarked passengers to maintain a

manned pilothouse watch for the safety

of the vessel, crew and passengers.

DATES: This interim rule is effective

October 30, 1997. Comments must reach

the Coast Guard on or before December

29, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Eighth Coast Guard District Marine

Safety Division, 501 Magazine Street,

Room 1341, New Orleans, LA during

normal office hours between 7:30 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (504) 589–4686.

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

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments specifically

pertaining to 33 CFR § 165.810(f)(3)(iii)

of this rule. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD08–97–020) and the specific

section of this document to which each

comment applies, and give the reason

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. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this rule in view

of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines 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 Information

On August 29, 1997 (62 FR 45775),

the Coast Guard published a notice of

proposed rulemaking entitled

‘‘Regulated Navigation Area

Regulations; Mississippi River, LARegulated Navigation Area’’ in the

Federal Register. No public hearing was

requested and none was held. The Coast

Guard received 2 letters commenting on

the proposed rulemaking. Based on

information presented in one of the

comments, concerning proposed 33 CFR

165.810(f)(3)(iii), the Coast Guard is

reconsidering this provision. This rule

is being published as an interim rule

and the Coast Guard requests all

interested parties to comment on 33

CFR 165.810(f)(3)(iii).

On December 14, 1996, the 36,000

gross ton M/V BRIGHT FIELD, while

transiting the Lower Mississippi River,

allided with the Riverwalk store

complex in New Orleans, Louisiana

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) and 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 and

South Pass of the Mississippi River.

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

sever that it necessitated the opening of

the Bonnet Carre Spillway by the Army

Corps of Engineers in order to ease highwater 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

gross tons or greater were extended until
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58651

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. 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.

This rule makes permanent the

requirements of the temporary RNA, 33

CFR 165.T08–001, and adds those

requirements to the permanent RNA

established in 33 CFR 165.810. There

was no adverse feedback from the

public on the extensions or the

concomitant operating requirements.

Moreover, the additional operating

requirements imposed by the temporary

RNA increased the level of safety in the

RNA. The interim rule is effective

immediately upon expiration of the

temporary RNA so that there will be no

lapse either in watch requirements for

anchored or manned passenger vessels

and in operating requirements for

vessels 1,600 gross tons or greater. A

lapse would have a detrimental impact

on vessel safety in the RNA. Because of

safety considerations, and given the fact

that the temporary RNA has been in

effect for over six months, good cause

exists for making this rule effective

upon publication in the Federal

Register.

Background and Purpose

In the interest of navigation safety in

the narrow confines of the Lower

Mississippi River, the Coast Guard is

making permanent the temporary

regulations in 33 CFR 165.T08–001

affecting self-propelled vessels of 1,600

gross tons or greater. The Coast Guard

is incorporating the temporary

regulations into the permanent

regulations at 33 CFR 165.810. The

regulated navigation area described in

this rule is required to protect vessels,

bridges, shoreside 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

self-propelled 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 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.

As an enhanced safety precaution for

passenger vessels anchored or moored

within the regulated navigation area, the

Coast Guard is 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. 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, will be required to monitor

and respond, but may conduct

monitoring form a vantage point other

than the pilothouse using a portable

radio. These vessels were give

consideration because of their relatively

small size and associated reduced risk

while passengers are aboard.

Discussion of Interim Rule

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 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 allision, collision and

grounding, ensure port safety, enhance

the safety of moored or anchored

passenger vessels and protect the

navigable waters of the Mississippi

River from environmental harm.

Subsection (e) of this 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 allows 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 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

pilothouse.

Subsection (f) of this rule pertains to

all self-propelled vessels of 1,600 or

more gross tons covered by 33 CFR Part

164. The 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 the master to ensure the chief

engineer has certified that: the main

propulsion plant is ready in all aspects

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.

Discussion of Comments and Changes

The Coast Guard received two

comments regarding the proposed

rulemaking. One comment stated that

the proposed rule as written will

detrimentally affect the safety of a

particular company’s operation. It stated

that the proposed requirement in 33

CFR Part 165.810(f)(3)(iii), that requires

‘‘[a]utomatic or load limiting main

propulsion plant throttle systems [to be]

operated in the manual mode with

engines available to immediately answer

maneuvering commands,’’ will reduce

the level of safety presently maintained

by the company’s vessels. The comment

explained that the company’s vessels

presently utilize engine control systems

designed to be operated from the bridge.

The comment also indicated the control

systems can override any of the

automatic stop or load limiting

functions from the bridge, the engine

control room or the emergency

maneuvering platform on the engine

side. The comment also indicated the

company’s vessels have the full range of

engine speed from all stations. The

comment further indicated that

requiring operation of the engine control

system in the manual mode from the

engine control room removed one

engineer from emergency response
58652 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

capabilities and that maneuvering in the

manual mode put one more human

element into the engine control system.

The comment also noted that the

company has safety management

practices in place that address the

concerns expressed in 33 CFR Part

165.810(f)(3)(iii). The comment further

recommended that the proposed rule in

33 CFR Part 165.810(f)(3)(iii) be

replaced with 33 CFR Part 164.13(b) and

that the rule apply to all vessels. The

latter regulation requires that ‘‘[e]ach

tanker must have an engineering watch

capable of monitoring the propulsion

system, communicating with the bridge,

and implementing manual control

measures immediately when necessary.

The watch must be physically present in

the machinery spaces or in the main

control space and must consist of at

least a licensed engineer.’’

The Coast Guard agrees in part with

that portion of the comment asserting

that 33 CFR Part 165.810(f)(3)(iii) could

adversely impact the safety of vessels. It

is possible that different engine room

configurations could cause confusion at

to what precisely ‘‘manual mode’’

entails. For example, one master could

interpret manual mode as requiring

operation of the main engine from the

engine-side throttle control while

another could read this regulation as

allowing engine room watch personnel

to operate the main engine from the

control booth. This confusion, and the

possibility of automatic control systems

being placed in jeopardy if main

propulsion throttle system computer

programs are deactivated or placed in a

manual override mode in order to

achieve a ‘‘manual mode’’ state,

warrants further study by the Coast

Guard. The Coast Guard is also

reopening to the public a 60 day

comment period to specifically address

33 CFR Part 165.810(f)(3)(iii). This will

allow the Coast Guard to better ascertain

the impact of this subsection upon the

public.

Replacing 33 CFR 165.810(f)(3)(iii)

with 33 CFR 164.13(b) as recommended

in the comments does not address

operation of the engines in the manual

mode and therefore does not provide the

margin of safety the Coast Guard may

ultimately find necessary. The proposed

regulation does tie at least one

engineering watchstander to the engine

room for watch responsibilities, limiting

that engineer’s availability for response

to casualties elsewhere. However, the

Coast Guard believes the presence of a

licensed engineer in the engine room,

capable of immediate communications

with the bridge, is essential to the safety

of the vessel and the port. No changes

to the proposed rule were made.

The second comment noted that the

proposed rule, as written, would force

towboats and tugboats to comply with

the same operational requirements that

apply to deep-draft vessels even though

the requirements are ill-suited for

towing operations. The comments noted

that the language in the proposed rule

does not take into account a recent

change to 33 CFR Part 164. In the past,

33 CFR Part 164 only applied to selfpropelled vessels of 1,600 or more gross

tons. However, the Final Rule on

Navigation Safety Equipment for

Towing Vessels, published in the July 3,

1996, Federal Register (61 FR 35064),

amended 33 CFR Part 164 to include

‘‘towing vessels of 12 meters or more in

length.’’ As a result of this change, the

proposed rule would have the

unintended result of requiring towboats

and tugboats to comply with

requirements that do not apply to their

mode of operation. The Coast Guard

agrees with this comment. The intent of

the proposed rule was that it apply only

to vessels of 1,600 gross tons or greater,

not to towboats or tugboats. The rule has

been amended to eliminate this

unintended result.

For purposes of clarity and to be more

consistent with other sections of this

part, the upper boundary of this RNA is

no longer defined by the words, ‘‘* * *

below Baton Rouge.’’ Lower Mississippi

River mile 233.9 above Head of Passes

will now define the upper limit of this

RNA by replacing the words ‘‘* * *

below Baton Rouge’’ as found in 33 CFR

§ 165.810 (a) and (b). This language will

more precisely delineate the upper

boundary of the RNA thereby avoiding

potential confusion as to the exact

location of ‘‘* * * below Baton Rouge.’’

Regulatory Evaluation

This interim rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

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, 1997). The

Coast Guard expects the economic

impact of this interim rule to be so

minimal that full Regulatory Evaluation

under paragraph 10e of the regulatory

policies and procedures of DOT is

unnecessary. The regulation does not

require that additional personnel are

required aboard each vessel, rather it

requires that existing watchstanding

personnel to be immediately available to

take necessary action to respond to

vessel emergencies. This interim rule

establishes additional requirements in

order to enhance vessel safety and better

protect property within the RNA. In the

event this rule imposes additional costs

the Coast Guard believes this burden is

far outweighed by the safety benefits

accrued from the rule. 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 personal injury.

Small Entities

Under the Regulatory Flexibility Act

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

considers the economic impact on small

entities of each rule for which a general

notice of proposed rulemaking is

required. ‘‘Small entities’’ include 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.

Because the 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 river activities using a portable

radio from a vantage point other than

the pilot house, the Coast Guard’s

position is that this rule will not have

a significant economic impact on a

substantial number of small entities.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have a significant

economic impact on your business or

organization, please submit a comment

(see ADDRESSES) explaining why you

think it qualifies and in what way and

to what degree this rule will

economically affect it.

Assistance for Small Entities

In accordance with section 214(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard wants to

assist small entities in understanding

this interim rule so that they can better

evaluate its effects on them and

participate in the rulemaking process. If

your small business or organization is

affected by this rule and you have

questions concerning its provisions or

options for compliance, please contact

Mr. M.M. Ledet, Vessel Traffic

Management Specialist, at the Eighth

Coast Guard District Marine Safety
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58653

Division, New Orleans, LA or by

telephone at (504) 589–4686 for

assistance.

Collection of Information

This interim rule does not provide for

a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

interim rule under the principles and

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient implications for

federalism to warrant the preparation of

a Federalism

Environment

The Coast Guard considered the

environmental impact of this interim

rule and concluded that under

paragraph 2.B.2(e)(34)(g) of

Commandant Instruction M16475.1B (as

revised by 61 FR 13563; March 27,

1996), this 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, Marine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

In consideration of the foregoing, the

Coast Guard amends 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 section 165.810, paragraph (a)

and (b) introductory text are 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 Lower Mississippi

River below mile 233.9 above Head of

Passes including South Pass and

Southwest Pass, to assist in the

prevention of allisions; collisions and

groundings so as to ensure port safety

and protect the navigable waters of the

Mississippi River from environmental

harm resulting from those incidents,

and to enhance the safety of passenger

vessels moored or anchored in the

Mississippi River.

(b) Lower Mississippi River below

mile 233.9 above Head of Passes

including South and Southwest Passes:

* * * * *

(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 with one

or more passengers on board, 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 of 1,600

or more gross tons 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: October 24, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–28745 Filed 10–29–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 212

Administration of the Forest

Development Transportation System

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical

amendment.

SUMMARY: This technical amendment

streamlines Forest Service rules for

administration of the forest

transportation system. This amendment

was initiated by agency review under

the President’s Regulatory Reinvention

Initiative and is intended to provide

clearer, more precise direction for the

administration of the forest

development transportation system.

DATES: This rule is effective October 30,

1997.

FOR FURTHER INFORMATION CONTACT:

Richard W. Sowa, Engineering Staff,

Forest Service, USDA, P.O. 96090,

Washington, D.C. 20090–6090, (202)

205–1437.

SUPPLEMENTARY INFORMATION: The

purpose of this technical amendment is

to consolidate direction for the

administration of the forest

development transportation system. The

rules formerly under the separate

sections, headed ‘‘Allocation, Forest

development transportation plan, and

Program of work’’ are now consolidated

under one section, ‘‘Forest development

transportation program.’’

Following a review of Forest Service

regulations under the President’s

Regulatory Reinvention Initiative, the

agency concluded that these sections

were so closely related that they should

be combined into one streamlined

regulation. Also in keeping with

National Performance Review objectives

of using ‘‘plain English’’ in regulations,

the text of sections 212.3 and 212.4

(now section 212.1 (b) and (c) has been

edited to remove extraneous words.

However, no substantive changes have

been made to the rule. Accordingly, by

this amendment, the agency is setting

out the revised rule in the Code of

Federal Regulations. Because of the

narrow scope and limited effect of this

action, the agency has determined that

this amendment is a technical

amendment for which notice and

comment pursuant to the

Administrative Procedures Act (5 U.S.C.

553) is not necessary.

Regulatory Impact

This rule is a technical amendment to

consolidate three small sections of an