[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Proposed Rules]
[Page 16754-16756]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap07-30]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-07-007]
RIN 1625-AA11
Regulated Navigation Area; Mississippi River, Eighty-One Mile
Point
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the existing regulated
navigation area (RNA) for the Lower Mississippi River (LMR) mile marker
(MM) 233.9 through South and South West Passes by establishing
mandatory check-in procedures for vessels transiting on the waters of
the Mississippi River between (MM) 167.5 LMR and 187.9 LMR. This
proposed rule is needed to minimize the risk of collisions, allisions,
and groundings occurring as a result of vessels meeting unanticipated
traffic in the vicinity of 81 Mile Point, MM 178 LMR. This proposed
rule would require vessels, subject to the Bridge to Bridge
Radiotelephone Act (33 United States Code 26) to notify Vessel Traffic
Center Lower Mississippi River, New Orleans (VTC New Orleans) prior to
entering or getting underway in this section of the RNA.
DATES: Comments and related material must reach the Coast Guard on or
before June 4, 2007.
ADDRESSES: You may mail comments and related material to Marine Safety
Unit Baton Rouge, 6041 Crestmount Drive, Baton Rouge, LA 70809. Marine
Safety Unit Baton Rouge maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Marine Safety Unit Baton Rouge between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Todd Peterson, Marine
Safety Unit Baton Rouge, at (225) 298-5400.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-07-
007], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Unit Baton Rouge at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a separate notice in the Federal Register.
Background and Purpose
From 1999 to 2006 there have been 64 reported collisions,
allisions, or groundings on the Lower Mississippi River between MM
167.5 and 187.9. There have been 21 allisions, 2 barge breakaways, 13
collisions and 28 groundings. Of these 64 casualties, 3 were
categorized by 46 CFR 4 as serious marine incidents and 5 as major
marine casualties. These casualties have involved all sectors of the
maritime industry including deep draft shipping, towing vessels, and
barge fleets and have occurred at high, normal and low water
conditions.
A waterways user group subcommittee of the Lower Mississippi River
Waterway Safety Advisory Committee (LMRWSAC) examined marine casualties
on the LMR in the vicinity of 81 Mile Point. This subcommittee
consisted of members of the pilots association, towing vessel industry,
barge fleets and the Coast Guard. This subcommittee reviewed the
location and marine investigation associated with each casualty and
subjectively examined river conditions within this RNA. This committee
determined that existing waterways management tools may not be
sufficient to safely navigate in the vicinity of 81 Mile Point.
Providing position reports to VTC New Orleans would allow the Coast
Guard to track vessels in this proposed RNA and provide advice to
mariners about upcoming traffic in an effort to eliminate meeting and
overtaking scenarios at Eighty-One Mile Point.
[[Page 16755]]
Discussion of Rule
Vessels operating within this proposed RNA (MM 167.5 to MM 187.9)
would be required to provide position reports to VTC New Orleans at the
following locations:
Vessels transiting upriver would provide position reports at MM
167.5 (Sunshine Bridge) and MM 173.7 (Bringier Point Light).
Vessels transiting downriver would provide position reports at MM
187.9 (Cos-mar Light) and 183.9 (Wyandotte Chemical Dock Lights).
Vessels getting underway within this RNA would provide position
reports immediately before getting underway and at the above locations
when heading upriver or downriver.
Fleet tows operating within their fleet would not be required to
report while within the fleet but would provide a position report if
they left the fleet or moved into the channel. Position reports would
be made on VHF Channel 63A and would provide the name of the vessel,
size of tow if applicable including number of loads and empties,
destination, and confirm proper operation of their AIS if AIS is
required under 33 CFR 164.46. At the time of the position report, the
VTC would advise the mariner operating the vessel on upcoming traffic.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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. We expect the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation is unnecessary. The
rule does not prohibit transit, but merely requires checking in with
VTS New Orleans utilizing existing equipment. The impacts on routine
navigation are expected to be minimal.
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This RNA will not have an impact on a
substantial number of small entities because this rule will not
obstruct the regular flow of commercial vessel traffic conducting
business within the RNA. It does not require the purchase of additional
equipment and instead utilizes existing VHF capabilities already
required by other laws or regulations.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to Marine
Safety Unit Baton Rouge explaining why you think it qualifies and how
and to what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please contact LT Todd Peterson,
Marine Safety Unit Baton Rouge at (225) 298-5400.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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
[[Page 16756]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this proposed rule
should be categorically excluded, under figure 2-1, paragraph (34)(g),
of the Instruction, from further environmental documentation. This
proposed rule fits in paragraph (34)(g) because it is a regulated
navigation area. A preliminary ``Environmental Analysis Check List'' is
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision
whether this rule should be categorically excluded from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. 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(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Amend Sec. 165.810 by adding paragraph (g) to read as follows:
Sec. 165.810 Mississippi River, LA-regulated navigation area.
* * * * *
(g) Movement of vessels in the vicinity of Eighty-One Mile Point,
Geary LA mm 167.5-187.9 LMR. (1) Prior to proceeding upriver past MM
167.5, LMR, Sunshine Bridge, vessels shall contact Vessel Traffic
Center (VTC) New Orleans on VHF Channel 63A to check-in. Vessels must
provide name, 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 MM
173.7, LMR, Bringier Point Light, ascending vessels shall contact VTC
New Orleans and provide a follow-on position check. At both check-in
and follow-on position check VTC New Orleans will advise the vessel on
traffic approaching Eighty-One Mile Point.
(2) Prior to proceeding downriver past MM 187.9, LMR, COS-MAR
Lights, vessels shall contact Vessel Traffic Center (VTC) New Orleans
on VHF Channel 63A to check-in. Vessels must provide name, 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 MM 183.9 LMR, Wyandotte Chemical
Dock Lights, descending vessels shall contact VTC New Orleans and
provide a follow-on position check. At both check-in and follow-on
position check VTC 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 must
check-in with VTC New Orleans on VHF Channel 63A immediately prior to
getting underway and must comply with the respective ascending and
descending check-in and follow-on points listed in paragraphs (g)(1)
and (g)(2) above.
(4) Fleet vessels must check-in with VTC New Orleans if they leave
their respective fleet or if they move into the main channel. Fleet
vessels are not required to check-in if they are operating exclusively
within their fleet.
Dated: 23 March 2007.
J. R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-6305 Filed 4-4-07; 8:45 am]
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