[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Rules and Regulations]
[Pages 58650-58653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28745]


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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

ACTION: Interim rule with request for comments.

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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 Sec. 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 8\1/2\ 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, LA-Regulated 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 high-water conditions and partially combat very strong 
river currents. The high-water 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

[[Page 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 Sec. 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

[[Page 58652]]

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 self-propelled 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 Sec. 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

[[Page 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:


Sec. 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