17704 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

Thence back to point A. All coordinates

referenced use Datum: NAD 83.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group, Charleston, SC.

(b) Regulations.

(1) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

Patrol Commander.

(2) The Coast Guard Patrol

Commander may delay, modify, or

cancel the race as conditions or

circumstances require. The Coast Guard

Patrol Commander shall monitor the

start of the race with the race

committee, to allow for a window of

opportunity for the race participants to

depart the harbor with minimal

interference with inbound or outbound

commercial traffic.

(3) Spectator and other nonparticipating vessels may follow the

participants out to sea while

maintaining a minimum distance of 500

yards behind the last participant, at the

discretion of the Patrol Commander.

Upon the transit of the last race

participant past the outermost boundary

of the Charleston jetties, all vessels may

resume normal operations.

(c) This section is effective at 10 a.m.

and terminates at 3 p.m. EDT on May

11, 1997.

Dated: April 1, 1997.

J.W. Lockwood,

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

Seventh Coast Guard District.

[FR Doc. 97–9216 Filed 4–10–97; 8:45 am]

BILLING CODE 4910–14–M

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.

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
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 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 selfpropelled vessels are capable of

operating safely in the increased

currents present on the river and

prevent downbound towing vessels

from colliding 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 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-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 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 § 165.T08–001, paragraphs (b)(1),

(b) (6), through (14), and (c) are revised

to read as follows:

§ 165.T08–001 Regulated Navigation Area;

Lower Mississippi River.

* * * * *

(b) * * *

(1) In accordance with general

regulations in § 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