Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 66309 

The contractor, Agate Construction on 

behalf of NJDOT, has requested a 

temporary deviation to the existing 

regulations for the Route 88/Veterans 

Memorial Bridge to facilitate necessary 

repairs. The repairs consist of the 

replacement of bridge traffic control 

devices (barrier gates, warning gates, 

and bridge traffic control signals) along 

with major electrical rehabilitation. 

Under this deviation, the vertical-lift 

span of the drawbridge will be 

maintained in the closed-to-navigation 

position from 7 a.m. on December 15, 

2010, through 11:59 p.m. on March 15, 

2011. 

Bridge opening data, supplied by 

NJDOT and reviewed by the Coast 

Guard, revealed a small amount of 

vessel openings of the draw span 

between the months of December and 

March in 2008 and 2009. Specifically, 

the bridge opened for vessels 15, 0, 0, 

and 4 times during the months of 

December 2008 to March 2009; and 

during the months of December 2009 to 

March 2010, the bridge opened for 

vessels 14, 0, 0, and 8 times, 

respectively. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure period so that vessels can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

Vessels that can pass under the bridge 

without a bridge opening may continue 

to do so at anytime. The Atlantic Ocean 

is an alternate route for vessels with 

mast heights greater than 10 feet. In the 

event of an emergency, the drawbridge 

will open for vessels if at least 24 hours’ 

advance notice is given to the bridge 

operator. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulation 

is authorized under 33 CFR 117.35. 

Dated: October 14, 2010. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2010–27237 Filed 10–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 161 and 165 

[Docket No. USCG–1998–4399] 

RIN 1625–AA58 

Vessel Traffic Service Lower 

Mississippi River 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a Vessel Traffic Service 

(VTS) on the Lower Mississippi River 

and is transferring certain vessel traffic 

management (VTM) provisions of the 

Mississippi River, Louisiana—Regulated 

Navigation Area to the VTS. This final 

rule establishes a mandatory 

participation VTS by implementing 

current voluntary practices and 

operating procedures. This rule 

facilitates vessel transits, enhances good 

order, promotes safe navigation, and 

improves existing waterway operating 

measures. The rule also proposes minor 

conforming revisions to the existing 

VTM provisions and related regulations. 

DATES: This final rule is effective 

December 27, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–1998–4399 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–1998–4399 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Lieutenant Commander Jim 

Larson, Office of Shore Forces (CG– 

7413), Coast Guard; telephone 202–372– 

1554, e-mail James.W.Larson@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

A. Vessel Traffic Services 

B. Stakeholder Involvement 

V. Discussion of Comments and Changes 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

AIS Automatic Identification System 

DHS Department of Homeland 

Security 

LMR Lower Mississippi River 

LMRWSAC Lower Mississippi River 

Waterways Safety Advisory 

Committee 

NDG National Dialogue Group 

NPRM Notice of Proposed Rulemaking 

PAWSS Port and Waterways Safety 

Systems 

PWSA Ports and Waterways Safety Act 

PWSSC Ports and Waterways Safety 

Systems Committee 

SNPRM Supplemental Notice of 

Proposed Rulemaking 

VTC Vessel Traffic Center 

VTM Vessel Traffic Management 

VTS Vessel Traffic Service 

II. Regulatory History 

On April 26, 2000, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Vessel 

Traffic Service Lower Mississippi River’’ 

(65 FR 24516) and requested comments 

during a 90-day comment period. Due to 

several requests for additional time to 

comment, on August 18, 2000, the Coast 

Guard published a notice (65 FR 50479) 

reopening the comment period until 

December 1, 2000. The Coast Guard 

received 23 letters containing three 

comments in response to the NPRM. 

On September 20, 2000, the Coast 

Guard published a notice of public 

meeting (65 FR 56843) announcing the 

time and place of a public meeting. On 

October 24, 2000, the Coast Guard held 

the meeting in New Orleans, LA, to 

receive comments on the proposed rule. 

Twenty-four people attended the 

meeting and two people spoke. 

On November 12, 2009, the Coast 

Guard published a supplemental notice 

of proposed rulemaking (SNPRM) 

entitled ‘‘Vessel Traffic Service Lower 

Mississippi River’’ (74 FR 58223). The 

SNPRM addressed important changes to 

maritime operations that have taken 


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1For a more complete discussion of the reasons 

the Coast Guard published an SNPRM see 74 FR 

58223. 

2For a more complete discussion of AIS Carriage 

Requirement see the Coast Guard ‘‘Automatic 

Identification System; Vessel Carriage Requirement’’ 

final rule published on October 22, 2003, 68 FR 

60559. 

3The Coast Guard established a voluntary 

participation VTS in the LMR in 2004 that has been 

continuously operated since that time. 

place since the NPRM was published,1

specifically: (1) The Coast Guard has 

installed and operationally tested a 

computer based Vessel Traffic 

Management (VTM) system that utilizes 

Automatic Identification System (AIS), 

closed circuit television cameras 

(CCTV), radar, and VHF radio 

communications to monitor and advise 

vessel traffic on the Lower Mississippi 

River (LMR), (2) the Vessel Traffic 

Service (VTS) Center is now fully 

staffed by trained and certified Coast 

Guard civilian employees augmented by 

two onsite Pilot Advisors, (3) remote 

traffic control light tower operations 

have been transitioned to the VTS 

Center, (4) AIS is now fully integrated 

with the Coast Guard traffic 

management systems throughout the 

United States,2 and (5) the Coast Guard 

established a voluntary participation 

VTS in LMR.3 In the SNPRM, we also 

addressed the comments received on the 

NPRM. 

We received one letter containing two 

comments in response to the SNPRM, 

which are discussed later in this 

preamble. 

III. Basis and Purpose 

This final rule is issued, pursuant to 

the Ports and Waterways Safety Act 

(PWSA), as amended, (codified at 33 

U.S.C. 1221 et seq.), to establish VTSs in 

the United States. Title I of the PWSA 

authorizes the Secretary to promulgate 

regulations to establish and maintain 

VTSs consisting of measures for 

controlling or supervising vessel traffic 

to protect the marine environment. 33 

U.S.C. 1223, 1231. 

The Coast Guard operates 12 VTSs in 

the United States. A VTS provides 

navigation and safety information that 

enables mariners to make informed 

decisions during their voyage. In the 

past, the Coast Guard operated 

variations of a VTS in the New Orleans 

area. Unfortunately, these efforts were 

hindered by budget constraints, the 

limitations of voluntary participation, 

and the temporary or part-time nature of 

the VTS operation; none of these proved 

to be a permanent or complete solution 

to the challenges of navigating the LMR. 

This rule establishes mandatory 

participation for certain classes of 

vessels in the VTS LMR area. It amends 

vessel traffic measures within the 

Mississippi River Regulated Navigation 

Area and formalizes the existing, 

voluntary VTS on the LMR. 

Additionally, this rule updates certain 

operating practices, adopts standard 

traffic management procedures, and 

informs mariners of certain services 

provided by VTS LMR. 

IV. Background 

A. Vessel Traffic Services 

Since disestablishment of the VTS in 

New Orleans in the 1980s, the Coast 

Guard, as directed by the Oil Pollution 

Act of 1990 (OPA 90, Pub. L. 101–380), 

has: 

(1) Validated the need for VTSs in 

certain ports; 

(2) Made participation mandatory in 

all VTS ports established in the National 

VTS regulations; and 

(3) Invested in infrastructure 

improvement to VTS equipment and 

standardized operating procedures 

across all United States VTSs. 

In 1997, the Coast Guard established 

the Ports and Waterways Safety System 

(PAWSS) acquisition project to address 

waterway users’ needs and place a 

greater emphasis on partnerships with 

industry to reduce risk in the marine 

environment. As part of PAWSS, the 

Coast Guard immediately convened a 

National Dialogue Group (NDG) 

comprised of maritime and waterway 

community stakeholders to identify the 

needs of waterway users with respect to 

VTM and VTS systems. The Coast 

Guard sponsored these discussions, 

which were hosted by the Committee on 

Maritime Advanced Information 

Systems under the auspices of the 

Marine Board of the National Research 

Council. Those stakeholders, 

representing all major sectors of the U.S. 

and foreign-flagged maritime industry, 

port authorities, pilots, the 

environmental community, and the 

Coast Guard, were tasked to: (1) Identify 

the information needs of waterway users 

to ensure safe passage; (2) assist in 

establishing a process to identify 

candidate waterways for VTM 

improvements and VTS installations; 

and (3) identify the basic elements of a 

VTS. The goal of the NDG was to 

provide a foundation for the 

development of an approach to VTM 

that would meet the shared government, 

industry, and public objective of 

ensuring the safety of vessel traffic in 

U.S. ports and waterways in a 

technologically sound and cost effective 

way. 

A federally operated and locally 

adopted VTM facility has been in place 

in New Orleans Harbor since the 1930s. 

In an effort to assist the mariner, 

safeguard the port, ensure good order, 

and improve safety, the local maritime 

community implemented the Algiers 

Point Control Lights. This system 

evolved from local river pilots standing 

watch using lanterns and whistle signals 

to a 24-hour, federally staffed 

communication station with twin 

control light towers at Governor 

Nicholls Street Wharf and Gretna Lights. 

Although not formally recognized as a 

VTS, the Algiers Point Control Lights 

have provided longstanding traffic 

management services. 

Vessel movement in the vicinity of 

Algiers Point/Crescent area is currently 

subject to regulatory provisions 

established in 33 CFR 165.810(c). The 

primary objective of the existing 

regulatory system in 33 CFR 165.810(c) 

is to provide an orderly traffic flow 

around Algiers Point. 

Algiers Point is one of the most 

challenging bends to safely navigate on 

the Mississippi River, particularly in 

high water conditions. In one of the 

busiest industrial harbors in the world, 

vessels must negotiate a 120-degree 

bend in the river amidst constantly 

changing hydrographic conditions, 

congested waters, and various bridges 

and piers. Mandatory vessel traffic 

measures, represented by the light 

signals, are utilized to lessen the 

potential for mishap during periods of 

high water. The consequences of 

improper navigation in this segment of 

the river are both significant and welldocumented. Since 1991, there have 

been multiple reportable marine 

casualties within the area covered by 

this rulemaking. The failure to safely 

transit this area can quickly lead to a 

mishap that causes substantial property 

damage, serious environmental and 

economic consequences, and even loss 

of life. 

The existing Control Light operation 

in and around Algiers Point has proven 

valuable in some measures of VTM; 

however, these measures are narrow in 

scope, limited to a small area, and only 

operated during periods of high water. 

The limited scope of the facility has 

caused further problems at times: 

Equipment, staffing, and location 

limitations have sometimes hindered 

the light operator’s ability to ensure the 

overall safety and efficiency of 

anticipated vessel traffic beyond the 

immediate vicinity of Algiers Point. 

The Coast Guard and local mariners 

recognize that this segment of the 

waterway warrants great vigilance. The 

nature of vessel traffic within this area 

and the anticipated increase in traffic 

requires that certain vessel traffic 

measures are active at all times or at 


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least available at a moment’s notice. The 

availability of these measures can best 

be assured by operating a Vessel Traffic 

Center (VTC) for Algiers Point within 

the framework of a VTS. A VTC is a 

shoreside facility from which the VTS 

operates and has the communications 

capability to interact with marine traffic 

and respond to developing situations. 

Through implementation of a 

continuously-operating VTC at Algiers 

Point within the framework of the 

mandatory LMR VTS being created by 

this rule, the Coast Guard seeks to 

overcome the limited scope of the 

existing Control Light operation and use 

the enhanced system capabilities of the 

mandatory LMR VTS to improve 

navigation safety on and around both 

Algiers Point and the entire LMR. 

The procedures and practices in this 

rule concerning Algiers Point VTC are 

essentially the same as those currently 

used in the Algiers Point. This final rule 

simply moves the Algiers Point 

provisions from current 33 CFR 

165.810(c) to new 33 CFR 161.65(c) to 

integrate the Algiers Point VTC into the 

VTS LMR and to consolidate all VTS 

LMR regulations under one section. 

B. Stakeholder Involvement 

The Coast Guard recognizes that a 

VTS on the LMR is a valuable asset to 

all stakeholders that may be impacted 

by what happens on or near the 

waterway either directly or indirectly. 

In addition, many of the stakeholders 

who regularly utilize the waterway have 

advised us that to achieve success, the 

VTS must meet the needs of the 

waterway users while imposing the least 

burden. 

In 1997, the Coast Guard formed the 

Ports and Waterways Safety Systems 

Committee (PWSSC). The Coast Guard 

created this ad-hoc committee, a 

subcommittee under the Lower 

Mississippi River Waterway Safety 

Advisory Committee (LMRWSAC), of 

maritime, port community, government, 

and public stakeholders to define user 

requirements for a VTS that would 

accomplish the overall goals of safety 

and efficiency for the entire LMR. Since 

its formation, the PWSSC met several 

times, and the product of these meetings 

was a conceptual baseline VTS plan (see 

document USCG–1998–4399–0003 at 

http://www.regulations.gov) endorsed 

by the LMRWSAC. Key 

recommendations of this plan involved 

the need to implement AIS technology 

and to incorporate AIS as a key 

component of any VTS implementation. 

The currently operating, voluntary 

participation VTS on the LMR, 

established in 2004, incorporated full 

use of AIS technology. 

V. Discussion of Comments and 

Changes 

We received one response containing 

two comments and a request for a public 

meeting in response during the SNPRM 

comment period that ended on January 

11, 2010. The Coast Guard determined 

that no significant issues were raised in 

the request which would have justified 

holding such a meeting and none was 

held. 

The first comment recommended 

against the modeling of VTS LMR after 

VTS operations in Morgan City, 

Louisiana, and in Houston-Galveston, 

Texas, stating that those ‘‘VTS zones do 

not adequately fit the unique operating 

conditions of the LMR. The Coast Guard 

agrees in part. Although the VTM 

system used at VTS LMR is similar to 

the systems used in both Morgan City 

and Houston-Galveston, and some VTS 

operations are standardized through all 

Coast Guard VTS Centers, the 

operations of VTS LMR have been 

tailored to the unique nature of the 

Mississippi River, including the unique 

operating requirements at Algiers Point, 

as evidenced by the presence of Pilot 

advisors in the VTC and the special 

operating requirements being imposed 

at Algiers Point. 

The second comment requested that a 

working group be established under the 

auspices of the LMRWSAC to address 

future changes to the VTS system. The 

Coast Guard agrees that port 

stakeholders should be involved in any 

major changes to VTS operations. To the 

extent that a future change to VTS 

operations would require a change to 

the governing regulations such a 

regulation change would require a 

rulemaking. As part of the rulemaking 

process the public and port stakeholders 

would have ample opportunity to 

participate. Further, and the Coast 

Guard intends to continue to consult 

with the State of Louisiana, the affected 

state and federal pilot’s associations, 

vessel operators, users, and all other 

affected stakeholders on VTS 

operations. However, at this time the 

Coast Guard is not planning any 

significant changes to VTS operations 

on the LMR and therefore does not see 

the need to establish a separate working 

group. The Coast Guard encourages 

stakeholders to provide feedback on 

VTS operations by contacting VTS LMR. 

No changes to the rule text have been 

made in response to these comments. 

The text of the final rule is the same as 

the text proposed in the SNPRM. For a 

complete discussion of the rule, please 

see the discussion included in the 

SNPRM at 74 FR 58227. 

VI. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Comments on the proposed rule are 

summarized in the Discussion of 

Comments and Changes section of this 

preamble. The Coast Guard received no 

comments that altered our assessment of 

impacts in the SNPRM. We have found 

no additional data or information that 

changed our findings in the SNPRM. We 

have adopted the assessment in the 

SNPRM for this rule as final. Since 

vessels presently follow the rules 

outlined in this final rule, the Coast 

Guard believes that this final rule will 

only have a minimal economic impact. 

This final rule will establish a VTS on 

the LMR and transfer certain VTM 

provisions of the Mississippi River, 

Louisiana—Regulated Navigation Area 

to the VTS. The rule will implement 

current practices and procedures 

appropriate to an AIS-based VTS. 

Based on data from the Coast Guard 

Marine Information for Safety and Law 

Enforcement database, we estimate the 

rule will affect 1,796 U.S.-flagged 

vessels with hailing ports from mile 

242.4 Above Head of Passes, which is 

near Baton Rouge, to the territorial sea 

boundary, and an estimated 2,294 

foreign-flagged vessels. 

The requirements for compliance with 

this rule include: 

• Certain classes of commercial 

vessels will be required to carry 

functioning AIS equipment and to 

employ the AIS equipment while 

operating within the VTS. 

• Commercial vessels not required to 

carry AIS equipment will be required to 

follow established reporting procedures 

via radiotelephone when operating 

within the VTS area. 

• The Coast Guard will maintain an 

operational VTC to monitor and direct 

traffic within the VTS. 

In 2003, the Coast Guard published a 

final rule that harmonized the AIS 

carriage and standardization 

requirements contained in the Maritime 

Transportation Security Act of 2002 


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with the requirements of the 

International Convention for the Safety 

of Life at Sea (SOLAS), that established 

AIS carriage requirements for 

commercial vessels (33 CFR part 164). 

Because of this prior regulation, all U.S.- 

flagged commercial vessels that are 

required to carry AIS equipment for 

operation in the VTS under this rule 

have been in compliance since 2004. 

Similarly, foreign-flagged vessels have 

been required to carry AIS equipment 

under the SOLAS Convention since 

2004. A list of the categories of 

commercial vessels and the dates of 

compliance for AIS carriage are shown 

in Table 1. 

While this rule will establish a 

mandatory participation VTS, its 

principal effect will be to codify current 

practices. The AIS carriage requirements 

of this rule have been implemented 

through prior regulations and we expect 

that there will not be additional costs to 

either industry or government resulting 

from this rule. 

TABLE 1—COMMERCIAL VESSELS: AIS CARRIAGE REQUIREMENTS

Class of vessel AIS currently required Compliance date 

Self-propelled vessels 65 feet or more in length in commercial service and on 

an international voyage (excludes passenger and fishing vessels).

Yes ......................................................... December 31, 2004. 

Passenger vessels of 150 gross tons or more on an international voyage .......... Yes ......................................................... July 1, 2003. 

Tankers on international voyages, regardless of tonnage .................................... Yes ......................................................... July 1, 2003. 

Vessels of 50,000 gross tons or more, other than tankers or passenger ships, 

on international voyages.

Yes ......................................................... July 1, 2004. 

Vessels of 300 gross tons or more but less than 50,000 gross tons, other than 

tankers or passenger ships.

Yes ......................................................... December 31, 2004. 

Self-propelled vessels of 65 feet or more in length in commercial service (excludes fishing vessels and passenger vessels certificated to carry less than 

151 passengers for hire).

Yes, when operating in a VTS or Vessel Movement Reporting System 

(VMRS).

December 31, 2004. 

Towing vessels 26 feet or more in length and more than 600 horsepower in 

commercial service.

Yes, when operating in a VTS or VMRS December 31, 2004. 

Passenger vessels certificated to carry more than 150 passengers for hire ........ Yes, when operating in a VTS or VMRS December 31, 2004. 

Fishing vessels ....................................................................................................... No ..........................................................

Commercial vessels that are not 

required to carry AIS equipment must 

maintain radiotelephone 

communication with the VTC while 

traversing the VTS. These requirements 

have been in place since July 1982, 

when the Coast Guard established 

specific radiotelephone frequencies and 

reporting procedures for vessels 

operating in the Mississippi River, LA– 

Regulated Navigation Area. 

The Coast Guard has operated a VTC 

from a shoreside facility in downtown 

New Orleans since late 1999. This VTC 

provides the core communications and 

monitoring functions for the VTS. 

The procedures and practices of this 

rule are the same as those currently in 

use at the Algiers Point/Crescent area of 

the VTS. Currently, commercial vessel 

movements in the VTS traverse the 

Algiers Point/Crescent area and current 

compliance with the rules of this area 

fulfills the requirements of the larger 

VTS. 

As with the costs of the rule, the 

benefits were also realized through 

vessel compliance with the prior 

regulations that established AIS and 

radiotelephone carriage requirements 

and the VTC operations center. The 

principal benefit of changing VTS 

participation from voluntary to 

mandatory is to codify current practices 

that increase the efficiency of vessel 

operations on the LMR by consolidating 

and standardizing vessel operating 

procedures. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

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. 

In the NPRM, the Coast Guard 

certified under 5 U.S.C. 605(b) that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. We 

received no comments on this 

certification and have made no changes 

that would alter our assessment of the 

impacts in the NPRM. 

Vessels are presently following the 

procedures outlined in this final rule, 

thus the adoption of these rules would 

not have a significant economic impact 

on a substantial number of small 

entities. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult with: 

Lieutenant Commander Jim Larson, 

Office of Shore Forces (CG–7413), Coast 

Guard; telephone 202–372–1554, e-mail 

James.W.Larson@uscg.mil. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. Small 

businesses may send comments on the 

actions of Federal employees who 

enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 


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E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments, and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. 

We have analyzed this proposed rule 

under that Order and have determined 

that it has implications for federalism. A 

summary of the impact of federalism in 

this rule follows. 

Title I of the Ports and Waterways 

Safety Act (PWSA) (33 U.S.C. 1221 et 

seq.) authorizes the Secretary to issue 

regulations to establish and maintain 

vessel traffic services consisting of 

measures for controlling or supervising 

vessel traffic to protect the marine 

environment. In enacting PWSA in 

1972, Congress found that advance 

planning and consultation with the 

affected States and other stakeholders 

was necessary to develop and 

implement a VTS. The Coast Guard, 

throughout the development of the VTS 

on the Lower Mississippi River, has 

consulted with the State of Louisiana, 

the affected State and Federal pilot’s 

associations, vessel operators, users, and 

all affected stakeholders. Maritime 

conflict preemption principles apply to 

PWSA Title I. The Coast Guard has 

determined, after considering the factors 

developed by the Supreme Court in the 

consolidated cases of United States v. 

Locke and Intertanko v. Locke, 529 U.S. 

89, 120 S.Ct. 1135 (March 6, 2000), that 

by enacting Chapter 25 of the Ports and 

Waterways Safety Act, Congress 

intended that Coast Guard regulations 

have preemptive impact over State law 

regarding vessel traffic services in 

United States ports and waterways. 

Therefore, the regulations proposed in 

this rulemaking for operation and 

equipment required on vessels preempt 

any State laws or regulations on the 

same subject matter. 

Nevertheless, the Coast Guard 

recognizes the key role State and local 

governments may have in making 

regulatory determinations. The State of 

Louisiana and the Coast Guard have 

worked closely throughout the 

development of these regulations. 

Additionally, Sections 4 and 6 of 

Executive Order 13132 require that for 

any rules with preemptive effect, the 

Coast Guard shall provide elected 

officials of affected State and local 

governments and their representative 

national organizations the notice and 

opportunity for appropriate 

participation in any rulemaking 

proceedings, and to consult with such 

officials early in the rulemaking process. 

This participation and consultation has 

taken place within the Ports and 

Waterways Safety Systems Committee 

(PWSSC), which was formed in 1997. 

This ad-hoc committee of maritime, port 

community, and public stakeholders has 

met several times, and the product of 

these meetings was a conceptual 

baseline VTS plan (see U.S. Coast Guard 

Docket USCG–1998–4399–0003 at 

http://www.regulations.gov). The State 

of Louisiana was an active participant of 

PWSSC meetings and contributed to this 

plan. The Coast Guard will continue to 

consult with the State of Louisiana, the 

Governor’s Task Force on Maritime 

Industry, as well as all affected 

stakeholders during implementation. 

The preemptive impact of this rule is 

codified in new 33 CFR 161.6. New 

§ 161.6 is slightly modified from the 

version proposed in the SNPRM to more 

accurately reflect that maritime conflict 

preemption principles apply to the 

regulations in this part. The preemptive 

impact of new § 161.6 is unchanged 

from the preemptive impact of proposed 

§ 161.6. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector, of 

$100,000,000 (adjusted for inflation) or 

more in any one year. This rule would 

not impose an unfunded mandate. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

With Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 


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66314 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 

environment. This rule is categorically 

excluded under section 2.B.2, figure 

2–1, paragraph 34(g) and (i) of the 

Instruction. This rule involves 

implementing current practices to 

facilitate vessel transit, promote safe 

navigation and improve existing 

waterway operating measures. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects 

33 CFR Part 161 

Harbors, Navigation (water), 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

33 CFR Part 165 

Harbors, Navigation (water), 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 161 and 165 as follows: 

PART 161—VESSEL TRAFFIC 

MANAGEMENT 

■ 1. The authority citation for part 161 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

70114, 70119; Pub. L. 107–295, 116 Stat. 

2064; Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. In § 161.2, revise paragraph (3) of 

the definition of Hazardous Vessel 

Operating Condition to read as follows: 

§ 161.2 Definitions. 

* * * * * 

Hazardous Vessel Operating Condition 

* * * * * 

(3) Vessel characteristics that affect or 

restrict maneuverability, such as cargo 

or tow arrangement, trim, loaded 

condition, underkeel or overhead 

clearance, speed capabilities, power 

availability, or similar characteristics, 

which may affect the positive control or 

safe handling of the vessel or the tow. 

* * * * * 

■ 3. Add § 161.6 to read as follows: 

§ 161.6 Preemption. 

The regulations in this part have 

preemptive impact over State laws or 

regulations on the same subject matter. 

The Coast Guard has determined, after 

considering the factors developed by the 

Supreme Court in U.S. v. Locke, 529 

U.S. 89 (2000), that by enacting Chapter 

25 of the Ports and Waterways Safety 

Act (33 U.S.C. 1221 et seq.), Congress 

intended that Coast Guard regulations 

preempt State laws or regulations 

regarding vessel traffic services in 

United States ports and waterways. 

■ 4. In § 161.12, in Table 161.12(c)— 

■ a. In footnote 6, remove the words 

‘‘VTS Lower Mississippi River and’’; and 

■ b. Amend Table 161.12(c) by revising 

the entries to New Orleans Traffic, to 

read as follows. 

§ 161.12 Vessel operating requirements. 

* * * * * 

TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS

Center MMSI 1 call sign Designated frequency (channel 

designation)—purpose 2 Monitoring area 3 4

*******

Lower Mississippi River—0036699952: 

New Orleans traffic ......................... 156.550 MHz (Ch. 11) ........................... The navigable waters of the Lower Mississippi River below 

29°55.3′ N 089°55.6′ W (Saxonholm Light) at 86.0 miles 

Above Head of Passes (AHP), extending down river to 

Southwest Pass, and, within a 12 nautical mile radius 

around 28°54.3′ N 089°25.7′ W (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes. 

New Orleans traffic ......................... 156.600 MHz (Ch. 12) ........................... The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicular on the river 

at 29°55′30′′ N and 090°12′46′′ W (Upper Twelve Mile 

Point) at 109.0 miles AHP and on the south by a line 

drawn perpendicularly at 29°55.3′ N 089°55.6′ W 

(Saxonholm Light) at 86.0 miles AHP. 

New Orleans traffic ......................... 156.250 MHz (Ch. 05A) ......................... The navigable waters of the Lower Mississippi River below 

30°38.7′ N 091°17.5′ W (Port Hudson Light) at 254.5 

miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55′30′′ N and 090°12′46′′ W 

(Upper Twelve Mile Point) at 109.0 miles AHP. 

* * * * * * * 

Notes: 

1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned by the Federal Communications Commission (FCC) that 

identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, 

an INMARSAT ship earth station or AIS. AIS requirements are set forth in §§ 161.21 and 164.46 of this subchapter. The requirements set forth in 

§§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number. 2 In the event of a communication failure, difficulties, or other safety factors, the Center may direct or permit a user to monitor and report on 

any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 

67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 

156.650 MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated frequency. 3All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 

4Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch 

on the designated monitoring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148. 

* * * * * 

■ 5. Add § 161.65 to read as follows: 

§ 161.65 Vessel Traffic Service Lower 

Mississippi River. 

(a) The Vessel Traffic Service (VTS) 

area consists of navigable waters of the 

Lower Mississippi River (LMR) below 

30°38.7′ N 91°17.5′ W (Port Hudson 

Light at 254.5 miles Above Head of 

Passes (AHP)), the Southwest Pass, and 


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those within a 12-nautical mile radius 

around 28°54.3′ N 89°25.7′ W 

(Southwest Pass Entrance Light at 20.1 

miles Below Head of Passes). 

(b) The Algiers Point VTS Special 

Area consists of the navigable waters of 

the LMR bounded on the north by a line 

drawn from 29°57.62′ N 90°02.61′ W to 

29°57.34′ N 90°02.60′ W and on the 

south by a line drawn from 29°56.89′ N 

90°03.72′ W to 29°56.93′ N 90°03.34′ W 

(95.0 and 93.5 miles AHP) during 

periods of high water—that is, when the 

Carrolton Gage reads 8.0 feet or above 

on a rising stage or 9.0 feet or above on 

a falling stage, or under any other water 

conditions the Captain of the Port 

(COTP) deems necessary. 

(c) Additional Algiers Point VTS 

Special Area Operating Requirements. 

The following additional requirements 

are applicable in the Algiers Point VTS 

Special Area: 

(1) A vessel movement reporting 

system (VMRS) user must abide by the 

signals of the Governor Nicholls Street 

Wharf, 29°57.6′ N 90°03.4′ W, and 

Gretna, 29°55.5′ N 90°03.7′ W, Control 

Lights (94.3 and 96.6 miles AHP, 

respectively) in the following manner: 

(i) Green Light—May proceed as 

intended. 

(ii) Red Light—Do not proceed, unless 

otherwise directed by the VTS. 

(iii) No Light—Do not proceed, 

immediately notify VTS and await 

further directions. 

Note to § 161.65(c)(1): To provide advance 

notification to downbound vessels, a traffic 

repeater signal of Gretna Light is located at 

Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 

miles AHP). 

(2) A vessel awaiting a signal change 

or VTS directions must keep clear of 

other vessels transiting the area. 

(d) The Eighty-one Mile Point VTS 

Special Area consists of navigable 

waters of the LMR between 167.5 miles 

AHP and 187.9 miles AHP. 

(e) Additional Eighty-one Mile Point 

VTS Special Area Operating 

Requirements. The following additional 

requirements are applicable in the 

Eighty-one Mile Point VTS Special 

Area: 

(1) Prior to proceeding upriver past 

167.5 miles AHP, Sunshine Bridge, 

vessels must contact VTS New Orleans 

on VHF Channel 5A to check-in. Vessels 

must provide name and destination, 

confirm proper operation of their 

automated identification system (AIS) if 

required under 33 CFR 164.46, and, if 

applicable, size of tow and number of 

loaded and empty barges. At 173.7 miles 

AHP, Bringier Point Light, ascending 

vessels must contact VTS New Orleans 

and provide a follow-on position check. 

At both check-in and follow-on position 

check, VTS New Orleans will advise the 

vessel on traffic approaching Eighty-one 

Mile Point. 

(2) Prior to proceeding downriver past 

187.9 miles AHP COS–MAR Lights, 

vessels must contact VTS New Orleans 

on VHF Channel 5A to check-in. Vessels 

must provide name and destination, 

confirm proper operation of their AIS if 

required under 33 CFR 164.46, and, if 

applicable, size of tow and number of 

loaded and empty barges. At 183.9 miles 

AHP, Wyandotte Chemical Dock Lights, 

descending vessels must contact VTS 

New Orleans and provide a follow-on 

position check. At both check-in and 

follow-on position check, VTS New 

Orleans will advise the vessel on traffic 

approaching Eighty-one Mile Point. 

(3) All vessels getting underway 

between miles 167.5 and 187.9 AHP 

must check-in with VTS New Orleans 

on VHF Channel 5A immediately prior 

to getting underway and must comply 

with the respective ascending and 

descending check-in and follow-on 

points listed in paragraphs (e)(1) and (2) 

of this section. 

(4) Fleet vessels must checkin with 

VTS New Orleans if they leave their 

respective fleet or if they move into the 

main channel. Fleet vessels are not 

required to checkin if they are operating 

exclusively within their fleet. 

(f) Reporting Points. Table 161.65(f) 

lists the VTS Lower Mississippi River 

Reporting Points. 

TABLE 161.65(f)—VTS LOWER MISSISSIPPI RIVER REPORTING POINTS

Designator Geographic name Geographic 

description 

Latitude/ 

Longitude/ 

mile marker 

Notes 

A ........................... Algiers Canal Forebay ........................ 88.0 AHP 29°56.6′ N; 90°10.1′ W Upbound transiting Algiers Point Special Area. 

B ........................... Industrial Canal .................................. 92.7 AHP 29°57.2′ N; 90°01.68′ W Upbound transiting Algiers Point Special Area. 

C .......................... Crescent Towing Smith Fleet ............. 93.5 AHP 29°57.50′ N; 90°02.62′ W Upbound Towing vessels transiting 

Algiers Point Special Area. 

D .......................... Marlex Terminal (Naval Ships) ........... 99.0 AHP 29°54.65′ N; 90°05.87′ W Downbound transiting Algiers Point 

Special Area. 

E ........................... Huey P Long Bridge ........................... 106.1 AHP 29°55.40′ N; 89°57.7′ W Downbound transiting Algiers Point 

Special Area. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 6. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 7. In § 165.810— 

■ a. Remove and reserve paragraph (c); 

■ b. Remove and reserve paragraph (g); 

and 

■ c. Add a note at the end of the section 

to read as follows: 

§ 165.810 Mississippi River, LA-regulated 

navigation area. 

* * * * * 

Note to § 165.810: Control Light provisions 

(previously referenced in paragraph (c) of 

this section) used to manage vessel traffic 

during periods of high waters in the vicinity 

of Algiers Point are located in 33 CFR 

161.65(c). The special operating requirements 

(previously referenced in paragraph (g) of 

this section) used to manage vessel traffic in 

the vicinity of Eighty-one Mile Point are 

located in 33 CFR 161.65(e). 

Dated: October 22, 2010. 

Vincent B. Atkins, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Capabilities. 

[FR Doc. 2010–27235 Filed 10–27–10; 8:45 am] 

BILLING CODE 9110–04–P 


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