Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16081

33 CFR Part 165

[CCGD08–97–008]

RIN 2115–AE84

Amendment to Regulated Navigation

Area Regulations; Lower Mississippi

River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: On March 18, 1997 (62

FR14637, 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. On March 21, 1997 (62 FR15398,

April 1, 1997), the Coast Guard

amended the temporary regulated

navigation area by extending the

southern limit of the regulated

navigation area to the boundary of the

territorial sea at the approaches to

Southwest Pass and included operating

requirements affecting the operation of

self-propelled vessels of 1600 gross tons

or greater. Increasing high water

conditions are causing the Coast Guard

to amend for a second time the

regulation to establish additional safety

measures applicable to U.S. flagged and

foreign-flagged vessels authorized to

carry cargoes listed under Title 46, Code

of Federal Regulations, part 151

(chemical barges) and parts 153–154

(chemical and gas ships). The Coast

Guard is also extending the effective

date of the regulation to April 10, 1997,

because the high water conditions are

expected to last longer than originally

contemplated. The regulated navigation

area is needed to protect vessels,

bridges, shore-side facilities and the

public from a safety hazard created by

high water and resulting flooding along

the Lower Mississippi River.

Downbound barge traffic, and the

transmitting of self-propelled vessels of

1600 or more gross tons and chemical

and gas ships are prohibited from

entering this area unless they are in

compliance with this regulation.

EFFECTIVE DATES: This amended

regulation is effective at 12:00 p.m. on

March 29, 1997 and terminates at 12

p.m. on April 10, 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 velocity of river currents on the

Lower Mississippi River is approaching

an all time high. Several recent vessel

allisions with bridges, one of which

involved a chemical barge, and barge

breakaways, including one involving

134 barges from two barge fleeting

facilities, have been caused by strong

currents and eddies resulting from flood

conditions on the Lower Mississippi

River. The Commander, Eighth Coast

Guard District has already placed

operating restrictions on tows

downbound on the Mississippi River to

assure adequate safe power for

navigation, and additional operating

requirements on self-propelled vessels

of 1600 or more gross tons operating

anywhere within the Regulated

Navigation Area (RNA). The district

commander is now establishing

requirements for fleeting operations in

which chemical barges are maintained.

In addition, these new regulations will

establish requirements for both

upbound and downbound tows

containing chemical barges, and for

downbound chemical or gas ships

operating on the Lower Mississippi

River from mile 437 at Vicksburg, MS to

mile 78 above Head of Passes.

Downbound chemical or gas ships will

be limited to daylight transit only. This

amended emergency Temporary

Regulated Navigation Area extends from

one mile above the Interstate 20

Highway Bridge at Vicksburg,

Mississippi (Lower Mississippi River

Mile 437), to the boundary of the

territorial sea at the approaches to

Southwest Pass.

For purposes of this amended

regulation, ‘‘chemical barges’’ are

defined as barges authorized to carry

cargoes listed under Title 46, Code of

Federal Regulations § 151 (Subchapter

O); ‘‘chemical ships’’ are defined as U.S.

flagged or foreign-flagged vessels subject

to the requirements of Title 46, Code of

Federal Regulations, part 153

(Subchapter O); and ‘‘gas ships’’ are

defined as U.S. flagged or foreignflagged vessels subject to the

requirements of Title 46, Code of

Federal Regulations, part 154

(Subchapter O).

This amended regulation requires that

chemical barges maintained in a fleeting

area be placed in a protected position

within the fleet.

Whenever possible, shifting of

chemical barges within a fleeting area

shall be limited to daylight hours.

Upbound and downbound tows

containing chemical barges shall place

them in the most protected position

within the tow configuration.

Downbound chemical or gas ships

operating on the Lower Mississippi

River from mile 437 at Vicksburg, MS to

mile 78 above Head of Passes shall only

transit during daylight hours.

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

public interest because immediate

action is necessary to ensure selfpropelled vessels are capable of

operating safely in the increased

currents present on the river and

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).

For the reasons expressed below

(Small Entities), 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 jurisdictions with

populations of less than 50,000. Small

entities in this case would not include

a significant number of companies

operating chemical or gas ships due to

the nature and cost of operating vessels

of this size. However, it could include

small towing companies that may be

affected by this rule. This amendment

requires towing operations to place

chemical barges in the most protected

position within the tow configuration.

This is not a constraint on operation

since it does not limit the type or kind

of barges within a tow, but merely

requires prudence when configuring a

tow. No additional restrictions on
16082 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

transit for towing operations are

imposed by this amendment. This

regulation may also affect fleet operators

by requiring that chemical barges be

moored in a protected position within

the fleet. The regulation also requires

that, if chemical barges are to be shifted

in a fleeting area, when possible they be

shifted during the day. These

requirements are consistent with

accepted industry practice, impose

minimal financial burdens, and are

consistent with the actions of prudent

operators under the circumstances. This

rule is deemed to not have a substantial

economic impact.

Collection of Information

This rule contains no collection-ofinformation 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.

Temporary Regulations

For the reasons set out in the

preamble the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMEMDED]

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.T08–001 paragraph

(b)(8) is revised; paragraphs (b)(9),

(b)(10), (b)(11), (b)(12), (b)(13), (b)(14),

and (b)(15) are added; and paragraph (c)

is revised to read as follows:

§ 165.T08–001 Regulated Navigation Area;

Lower Mississippi River.

* * * * *

(b) * * *

(8) For purposes of this section,

‘‘chemical barges’’ are defined as barges

authorized to carry cargoes listed under

46 CFR part 151 (Subchapter O).

(9) Chemical barges maintained in a

fleeting area shall be placed in a

protected position within the fleet.

(10) Whenever possible, shifting of

chemical barges within a fleeting area

shall be limited to daylight hours.

(11) Upbound and downbound tows

containing chemical barges shall place

them in the most protected position

within the tow configuration.

(12) For purposes of this section,

‘‘chemical ships’’ are defined as U.S.

flagged or foreign-flagged vessels subject

to the requirements of 46 CFR part 153

(Subchapter O).

(13) For purposes of this section, ‘‘gas

ships’’ are defined as U.S. flagged or

foreign-flagged vessels subject to the

requirements of 46 CFR part 154

(Subchapter O).

(14) Downbound chemical or gas

ships operating on the Lower

Mississippi River from mile 437 at

Vicksburg, MS to mile 78 above Head of

Passes shall only transit during daylight

hours.

(15) 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 12:00 p.m. on March 29,

1997 and terminates at 12 p.m. on April

10, 1997.

Dated: March 28, 1997.

Timothy W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–8777 Filed 4–2–97; 2:44 pm]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–5807–3]

Regulations of Fuels and Fuel

Additives: Extension of the

Reformulated Gasoline Program to the

Phoenix, Arizona Moderate Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Under section 211(k)(6) of the

Clean Air Act, as amended (Act), the

Administrator of EPA shall require the

sale of reformulated gasoline in an

ozone nonattainment area classified as

Marginal, Moderate, Serious, or Severe

upon the application of the governor of

the state in which the nonattainment

area is located. On February 18, 1997,

EPA issued a direct final rule (62 FR

7164) setting an effective date for the

Phoenix ozone nonattainment area to be

a covered area in the federal

reformulated gasoline (RFG) program. In

this action EPA is withdrawing the

direct final rule because subsequent to

publication, EPA received several

requests for a hearing.

DATES: This action will be effective

March 31, 1997.

ADDRESSES: Materials relevant to the

direct final rule have been placed in

Docket A–97–02. The docket is located

at the Air Docket Section, Mail Code

6102, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460, in room M–1500 Waterside

Mall.

Documents may be inspected on

business days from 8:00 a.m. to 5:30

p.m. A reasonable fee may be charged

for copying docket material. An

identical docket is also located in EPA’s

Region IX office in Docket A–AZ–97.

The docket is located at 75 Hawthorne

Street, AIR–2, 17th Floor, San

Francisco, California 94105. Documents

may be inspected from 9:00 a.m. to noon

and from 1:00–4:00 p.m. A reasonable

fee may be charged for copying docket

material.

FOR FURTHER INFORMATION CONTACT:

Janice Raburn at U.S. Environmental

Protection Agency Office of Air and

Radiation, 401 M Street, SW (6406J),

Washington, DC 20460, (202) 233–9000.

SUPPLEMENTARY INFORMATION: The

preamble, regulatory language and

regulatory support document are also

available electronically from the EPA

internet Web site and via dial-up

modem on the Technology Transfer

Network (TTN), which is an electronic

bulletin board system (BBS) operated by

EPA’s Office of Air Quality Planning

and Standards. Both services are free of

charge, except for your existing cost of

internet connectivity or the cost of the

phone call to TTN. Users are able to

access and download files on their first

call using a personal computer per the

following information. The official

Federal Register version is made

available on the day of publication on

the primary internet sites listed below.

The EPA Office of Mobile Sources also

publishes these notices on the

secondary Web site listed below and on

the TTN BBS.