[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14637-14638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7731]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CCGD08-97-008]
RIN 2115-AE84


Regulated Navigation Area Regulations; Lower Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area in the Lower Mississippi River from Vicksburg, MS to 
Mile 88 above Head of Passes on the Mississippi River. The regulated 
navigation area is needed to protect vessels, bridges, shoreside 
facilities and the public from a safety hazard created by high water 
and resulting flooding along the Lower Mississippi River. Downbound 
barge traffic is prohibited unless it is in compliance with this 
regulation.

EFFECTIVE DATES: This regulation is effective from 8:30 p.m. on March 
18, 1997 and terminates at 12 p.m. on April 5, 1997.

FOR FURTHER INFORMATION CONTACT:
CDR Harvey R. Dexter, Marine Safety Division, USCG Eighth District at 
New Orleans, LA (504) 589-6271.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The velocities of river currents on the Lower Mississippi River are 
approaching an all time high. Several very recent vessel allisions with 
bridges have been caused by strong currents and eddies resulting from 
these flood conditions on the Lower Mississippi River. Consequently, 
the Commander, Eighth Coast Guard District has identified a need to 
place horsepower and other operating restrictions on tow boats 
downbound on the Mississippi River to assure adequate safe power for 
navigation. This emergency Temporary Regulated Navigation Area extends 
from one mile above the Interstate 20 Highway Bridge at Vicksburg, 
Mississippi (Lower Mississippi River Mile 437), to Algiers Cutoff Canal 
at Mile 88 above Head of Passes. Downbound tows shall be restricted as 
follows:
    (a) Tow boats with a brake horsepower of 7,400 (7,400 bhp) and 
greater shall be limited to a 25 barge tow.
    (b) Tow boats with a brake horsepower of 6,000 (6,000 bhp), but 
less than 7,400 bhp, shall be limited to a 20 barge tow.
    (c) For all other tows the following minimum brake horsepower 
requirements apply:
    1. Loaded standard size dry cargo barges (195' by 35') traveling 
southbound: 300 brake horsepower per barge minimum.
    2. For all other loaded dry cargo barges and all loaded liquid 
barges southbound: One brake horsepower minimum for each 5 deadweight 
tons of cargo.
    3. For tows consisting of empty standard size dry cargo barges 
traveling southbound at Algiers Point: 200 brake horsepower per barge.
    4. For tows containing mixed empty and loaded barges, the higher, 
loaded, brake horsepower standard applies (300 brake horsepower).
    (d) For tows of 20 barges or larger, downbound transit through the 
Baton Rouge Railroad and Highway Bridge, also known as the Highway 190 
Bridge, is restricted to daylight only.

[[Page 14638]]

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent downbound towing vessels from alliding with 
bridges and shoreside structures, and colliding with other vessels, 
causing danger to the public.

Regulatory Evaluation

    This 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, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

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 jurisdictional with 
populations of less than 50,000. Small entities in this case could 
include small towing companies who may be affected by this rule. 
Although this rule places nighttime restrictions for tows transiting 
the Baton Rouge Railroad and Highway Bridge, these restrictions are 
limited to tows of 20 or more barges and operators may reduce the size 
of their tows to transit those areas. No other restrictions on transit 
are imposed so long as the horsepower requirements are met. These 
horsepower requirements are consistent with accepted industry practice 
and the actions of a prudent mariner under the circumstances. This rule 
is deemed to not have a substantial economic impact.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2.(g)(5) of Commandant 
Instruction M16475.1B, this proposal 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.

Final Regulations

    For the reasons set out in a the preamble the Coast Guard amends 33 
CFR part 165 as follows:
    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. A new temporary Sec. 165.T08-001 is added to read as follows:


Sec. 165.T08-001  Regulated Navigation Area; Mississippi River

    (a) Location: The following area is a regulated navigation area:
    All waters of the Mississippi River from one mile above the 
Interstate 20 Highway Bridge at Vicksburg, MS (Lower Mississippi River 
Mile 437 to Mile 88 above Head of Passes.
    (b) Regulations:
    (1) In accordance with general regulations in Section Sec. 165.11 
of this part, no downbound towboat with tow may operate within the 
regulated navigation area contrary to this regulation.
    (2) Tow boats with a brake horsepower of 7,400 (7,400 bhp) and 
greater shall be limited to a 25 barge tow.
    (3) Tow boats with a brake horsepower of 6,000 (6,000 bhp), but 
less than 7,400 bhp shall be limited to a 20 barge tow.
    (4) For all other tows the following minimum brake horsepower 
requirements apply:
    (i) Loaded standard size dry cargo barges (195' by 35') traveling 
southbound: 300 brake horsepower per barge minimum.
    (ii) For other loaded dry cargo barges and all loaded liquid barges 
southbound: one break horsepower minimum for each 5 deadweight tons of 
cargo.
    (iii) For tows consisting of empty standard size dry cargo barges 
traveling southbound at Algiers Point: 200 brake horsepower per barge.
    (iv) For tows containing mixed empty and loaded barges, the higher, 
loaded, brake horsepower standard apply (300 brake horsepower).
    (5) For tows of 20 barges or larger, downbound transit through the 
Baton Rouge Railroad and Highway Bridge, also known as the Highway 190 
Bridge, is restricted to daylight only.
    (6) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).
    (c) Effective dates: This section is effective at 8:30 p.m. on 
March 18, 1997 and terminates at 12 p.m. on April 5, 1997.

    Dated: March 18, 1997.
Paul J. Prokop,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, 
Acting.
[FR Doc. 97-7731 Filed 3-26-97; 8:45 am]
BILLING CODE 4910-14-M