[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Rules and Regulations]
[Pages 17704-17705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9410]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08-97-008]
RIN 2115-AE84


Amendment to Regulated Navigation Area Regulations; Lower 
Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: On March 18, 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, 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 caused the Coast Guard to 
amend this regulation for a second time on March 28, 1997 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 recent loss of control of a tow as it 
entered the Mississippi River from the Port Allen lock and several 
near-misses involving tows longer than 600 feet exiting locks into the 
Mississippi River has evidenced the need to further limit the length of 
tows. For this reason the district commander is further amending this 
regulation. The amendment prohibits tows in excess of 600 feet from 
entering or exiting lock forebays.
    The amendment also clarifies the horsepower restrictions in the 
earlier regulation to make it clear that the horsepower rating of 
escort tugs may not be counted in establishing the number of barges 
that may be included in a tow. Only the horsepower rating of the single 
towboat made up to and pushing the tow may be considered in determining 
the maximum number of barges that may be included in the tow.
    The Coast Guard is also extending the effective date of the 
regulation to April 20, 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, chemical ships and gas ships, as well as self-propelled 
vessels of 1600 or more gross tons are prohibited from operating in 
this area unless they are in compliance with this regulation.

DATES: This amended regulation is effective at 11:00 a.m. on April 4, 
1997 and terminates at 12 p.m. on April 20, 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

    On March 18, 1997 (62 FR 14637, March 22, 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 FR 15398, 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 caused the Coast Guard to 
amend this regulation for a second time on March 28, 1997 (62 FR 16081 
April 4, 1997) 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 recent loss of 
control of a tow as it entered the Mississippi River from the Port 
Allen lock and several near-misses involving tows longer than 600 feet 
exiting locks into the Mississippi River has evidenced the need to 
further limit the length of tows. For this reason the district 
commander is further amending this regulation. The amendment prohibits 
tows in excess of 600 feet from entering or exiting lock forebays.
    Although Mississippi River floodwater levels have receded somewhat, 
river current remains at a record high level. The recent loss of 
control of a tow as it entered the Mississippi River from the Port 
Allen lock and several near-misses involving tows longer than 600 feet 
exiting locks into the Mississippi River has evidenced the need to 
further limit the length of tows. By limiting the maximum length of 
tows during the critical period when they are entering or exiting locks 
along the Mississippi River to or from the relatively still water of a 
lock forebay, towboats will be able to exercise greater control of the 
tow during this critical period. This amendment prohibits tows in 
excess of 600 feet from entering or exiting lock forebays.
    This amendment also clarifies the horsepower restrictions in the 
earlier regulation to make it clear that the horsepower rating of 
escort tugs may not be counted in establishing the number of barges 
that may be included in a tow. Only the horsepower rating of the single 
towboat made up to and pushing the

[[Page 17705]]

tow may be considered in determining the maximum number of barges that 
may be included in the tow. The Coast Guard is also extending the 
effective date of the regulation to April 20, 1997, because the high 
water conditions are expected to last longer than originally 
contemplated.
    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 self-propelled vessels are capable of operating 
safely in the increased currents present on the river and prevent 
downbound towing vessels from colliding with bridges and shore-side 
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 not 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 may include small 
towing companies that could be affected by this rule. This amendment 
may require tows to be divided and reassembled when transiting through 
locks in order not to exceed the 600 foot tow length restriction. This 
is a minimal constraint on operations since it only limits tow lengths 
for the short transit time needed to clear locks. The 600 foot 
limitation has been arrived at following consultation with trade groups 
and industry representatives who concur that it is reasonable and 
prudent. Therefore, these requirements are consistent with accepted 
industry practice, impose minimal financial burdens, and are consistent 
with the actions of prudent operators under the circumstances. The 
clarification indicating that assist tugs may not be used when 
calculating brake horsepower to meet the brake horsepower requirements 
does not impose additional requirements on industry. It is merely 
illustrative and clarifies the previous regulation. 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 record 
keeping 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:
    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 Sec. 165.T08-001, paragraphs (b)(1), (b) (6), through (14), 
and (c) are revised to read as follows:


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

* * * * *
    (b) * * *
    (1) In accordance with general regulations in Sec. 165.11 of this 
part, no downbound towboat with tow may operate within the regulated 
navigation area contrary to this regulation. When calculating towboat 
brake horsepower limitations, assist tug brake horsepower shall not be 
included in the calculations in order to meet the minimum requirements.
* * * * *
    (6) The length of tows entering or exiting lock forebays shall not 
exceed 600 feet excluding the length of the towboat.
    (7) For purposes of this section, ``chemical barges'' are defined 
as barges authorized to carry cargoes listed under 46 CFR Part 151 
(Subchapter O).
    (8) Chemical barges maintained in a fleeting area shall be placed 
in a protected position within the fleet.
    (9) Whenever possible, shifting of chemical barges within a 
fleeting area shall be limited to daylight hours.
    (10) Upbound and downbound tows containing chemical barges shall 
place them in the most protected position within the tow configuration.
    (11) 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).
    (12) 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).
    (13) 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.
    (14) 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 11:00 a.m. on 
April 4, 1997 and terminates at 12 p.m. on April 20, 1997.

    Dated: April 4, 1997.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-9410 Filed 4-10-97; 8:45 am]
BILLING CODE 4910-14-M