[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Rules and Regulations]
[Page 23393-23399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-03-014]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) within all inland rivers of the Eighth Coast Guard District. This
RNA applies to barges loaded with certain dangerous cargoes (CDCs)
operating on inland rivers and requires them to report their position
and other information to the Inland River Vessel Movement Center
(IRVMC). This action is necessary to ensure public safety, prevent
sabotage or terrorist acts, and facilitate the efforts of emergency
services and law enforcement officers responding to terrorist attacks.
DATES: This rule is effective on April 16, 2003 through October 31,
2003.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans LA 70130. Commander, Eighth Coast Guard District
(m) 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, are part of docket
CGD08-03-014 and are available for inspection or copying at Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans LA 70130 between 8 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander (CDR) Jerry Torok or
Lieutenant (LT) Karrie Trebbe, Project Managers for the Eighth Coast
Guard District Commander, Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans LA 70130, telephone (504) 589-6271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. The Maritime Administration
(MARAD) recently issued MARAD Advisory 03-03 (182100Z MAR 03) informing
operators of maritime interests of increased threat possibilities to
vessels and facilities and a higher risk of terrorist attacks to the
transportation community in the United States. Further, national
security and intelligence officials warn that future terrorist attacks
against United States interests are likely. The measures contemplated
by the rule are intended to prevent waterborne acts of sabotage or
terrorism, which terrorists have demonstrated a capability to carry
out. Any delay in making this regulation effective would be contrary to
the public interest because immediate action is necessary to protect
U.S. maritime transportation interests against the possible loss of
life, injury, or damage to property.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. We encourage comments on whether a
Regulated Navigation Area is the appropriate tool for a long-term
solution to the security risk at issue. If you do so, please include
your name and address, identify the docket number for this rulemaking
[CGD08-03-014], 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 81/2 by 11 inches, suitable for copying. If you would like
to know they 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 Commander, Eighth Coast Guard
District (m) 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 later notice in the Federal
Register.
Background and Purpose
Terrorist attacks on September 11, 2001 inflicted catastrophic
human
[[Page 23394]]
casualties and property damage. These attacks highlighted the
terrorists' ability and desire to utilize multiple means in different
geographic areas to increase their opportunities to successfully carry
out their mission, thereby maximizing destruction using multiple
terrorist acts.
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. The threat of maritime attacks is real as evidenced by
the October 2002 attack on a tank vessel off the coast of Yemen and the
prior attack on the USS COLE. These attacks manifest a continuing
threat to U.S. assets as described in the President's finding in
Executive Order 13273 of August 21, 2002 (67 FR 56215, September 3,
2002) that the security of the U.S. is endangered by the September 11,
2001 attacks and that such disturbances continue to endanger the
international relations of the United States. See also Continuation of
the National Emergency with Respect to Certain Terrorist Attacks, (67
FR 58317, September 13, 2002); Continuation of the National Emergency
With Respect To Persons Who Commit, Threaten To Commit, Or Support
Terrorism, (67 FR 59447, September 20, 2002). The U.S. Maritime
Administration (MARAD) in Advisory 02-07 advised U.S. shipping
interests to maintain a heightened state of alert against possible
terrorist attacks. MARAD more recently issued Advisory 03-03 informing
operators of maritime interests of increased threat possibilities to
vessels and facilities and a higher risk of terrorist attacks to the
transportation community in the United States. The ongoing hostilities
in Afghanistan and Iraq have made it prudent for U.S. ports and
waterways to be on a higher state of alert because the Al Qaeda
organization and other similar organizations have declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
Therefore, the Coast Guard is establishing an RNA within the inland
rivers of the Eighth Coast Guard District in order to safeguard
vessels, ports and waterfront facilities from sabotage or terrorist
acts. This RNA applies to barges loaded with CDCs operating on the
Mississippi River above mile 235.0, Above Head of Passes, including all
its tributaries; the Atchafalaya River above mile 55.0 including the
Red River; the Ohio River and all its tributaries; and the Tennessee
River from its confluence with the Ohio River to mile zero on the
Mobile River and all other tributaries between these two rivers. This
RNA affects vessels that transport CDCs that if used as a weapon of
terrorism could result in substantial loss of life, property and
environmental damage, and grave economic consequences. This rulemaking
requires operators, as defined in this rule, of barges loading or
loaded with CDCs within the RNA to periodically report their position
and other specified information to the Inland River Vessel Movement
Center (IRVMC) for protection against sabotage and terrorist acts.
If additional information warrants modifying or amending this rule,
we will revise the rule and publish the revision in the Federal
Register.
Discussion of Rule
This rule applies to operators of a barge loaded with or loading
CDCs, within the regulated area. This rule does not apply to operators
of ``empty'' barges within the RNA. The terms barge, certain dangerous
cargoes (CDCs), downbound, CDC barge, Eighth Coast Guard District,
empty, final destination, gas free, loaded, operator, and upbound are
defined in the regulatory section of this rule. The operator, of a CDC
barge(s) loaded with or being loaded with CDCs must report to the IRVMC
specific information under the following conditions: 4 hours prior to
loading a barge(s) with CDCs; 4 hours prior to dropping off a CDC
barge(s) in a fleeting area; 4 hours prior to picking up a CDC barge(s)
from a fleeting area; 4 hours prior to getting underway with a CDC
barge(s); upon point of entry into the RNA with a CDC barge(s); at
designated reporting points in Table 165.T08-019(f); when the estimated
time of arrival (ETA) to a reporting point varies by 6 hours from the
previously reported ETA; any significant deviation from previously
reported information; upon arrival at the ``final'' destination with a
CDC barge(s), if within the RNA; upon departing the RNA with a CDC
barge(s); and when directed by the IRVMC.
Each report to the IRVMC must contain all the information items
specified in Table 165.T08-019(g). Reports must be made to the IRVMC,
either by telephone toll free to (866) 442-6089, by fax toll free to
(866) 442-6107, or by e-mail to irvmc@cgstl.uscg.mil. Deviation from this rule is prohibited unless specifically
authorized by the Commander, Eighth Coast Guard District or designated
representatives. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. The operational reporting requirements of the RNA are
minimal, transitory and necessary to provide immediate, improved
security for the public, vessels, and U.S. ports and waterways. The
requirements do not alter normal barge cargo loading operations or
transits. Additionally, this RNA is temporary in nature and the Coast
Guard may issue a NPRM as it considers whether to make this rule
permanent. The minimal hardships that may be experienced by persons or
vessels, as a result of this rule, are necessary to the national
interest in protecting the public, vessels, and vessel crews from the
devastating consequences of acts of terrorism, and from sabotage or
other subversive acts, accidents, or other causes of a similar nature.
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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the operators of barges intending to load CDCs
and transit on inland waterways with CDC barge(s) within the Eighth
Coast Guard District. This RNA will not have a significant economic
impact on a substantial number of small entities because this rule does
not require any alteration of barge operations or transits. The
operational communications required by this RNA are transitory in
nature and do not require operators to obtain new equipment.
If you are a small business entity and are significantly affected
by the regulation please contact LT Karrie C.
[[Page 23395]]
Trebbe, Project Manager for Eighth Coast Guard District Commander, Hale
Boggs Federal Bldg., 501 Magazine Street, New Orleans LA 70130,
telephone (504) 589-6271.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we offered to
assist small entities in understanding the rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).
Collection of Information
This rule calls for new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
Title: Regulated Navigation Areas; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth and
Ninth Coast Guard Districts.
OMB Control Number: 1625-0105.
Summary of the Collection of Information: The Coast Guard requires
position and intended movement reporting, and cargo transfer and
fleeting operations reporting, from barges carrying CDCs in the inland
rivers within the Eighth and Ninth Coast Guard Districts. This rule
will amend 33 CFR part 165 to temporarily require:
Owners and operators of covered barges must report the following
information via toll free telephone, toll free fax, or email:
a. Name of barge and towboat;
b. Name of loading, fleeting, and terminal facility;
c. Estimated time of arrival (ETA) at loading, fleeting and
terminal facility;
d. Planned route, including estimated time of departure (ETD) from
loading, fleeting, and terminal facility;
e. 4 hours prior to loading covered dangerous cargoes;
f. 4 hours prior to dropping off a covered barge in a fleeting
area;
g. 4 hours prior to picking up a covered barge from a fleeting
area;
h. 4 hours prior to getting underway with a covered barge;
i. At entry into the covered geographical area;
j. ETA at approximately 148 designated reporting points within the
covered geographical area;
k. At any time ETA to a reporting point varies by 6 hours from the
previously reported ETA;
l. any significant deviation from previously reported information;
m. Upon arrival at the ``final'' destination with a covered barge,
if within the covered geographical area;
n. Upon departing the covered geographical area; and
o. When directed by the Coast Guard.
The temporary changes will be in effect though October 31, 2003.
Need for Information: To ensure port safety and security and to
ensure the uninterrupted flow of commerce, the Coast Guard must
temporarily issue regulations requiring position and intended movement
reporting, and cargo transfer and fleeting operations reporting, from
barges carrying CDCs in the inland rivers within the Eighth and Ninth
Coast Guard Districts.
Proposed use of Information: This information is required to
enhance maritime security, control vessel traffic, develop contingency
plans, and enforce regulations.
Description of the Respondents: The respondents are owners, agents,
masters, operators, or persons in charge of barges loaded with certain
dangerous cargoes operating on the inland rivers located within the
Eighth and Ninth Coast Guard Districts.
Number of Respondents: The existing OMB-approved collection number
of respondents is zero(0). This temporary rule will increase the number
of respondents by 3,505 to a total of 3,505.
Frequency of Response: The existing OMB-approved collection annual
number of responses is zero(0). This temporary rule will increase the
number of responses by 7,711 to a total of 7,711.
Burden of Response: The existing OMB-approved collection burden of
response is zero (0). This temporary rule will increase the burden of
response by 15 minutes (0.250 hours) to a total of 15 minutes (0.250
hours).
Estimate of Total Annual Burden: The existing OMB-approved
collection total annual burden is zero (0). This temporary rule will
increase the total annual burden by 1,928 hours to a total of 1,928
hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we submitted a copy of this rule to the Office of Management
and Budget (OMB) for its review of the collection of information. Due
to the circumstances surrounding this temporary rule, we asked for
``emergency processing'' of our request. We received OMB approval for
the collection of information on April 15, 2003. It is valid through
October 31, 2003.
We ask for public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. We received OMB
approval for the collection of information on April 15, 2003. It is
valid through October 31, 2003.
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 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 rule will not result in such an expenditure, we
do discuss the
[[Page 23396]]
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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.
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.
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.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1 paragraph (34)(g), of the instruction, from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in NEPA. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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; Department of Homeland Security
Delegation No. 0170.
0
2. Add temporary Sec. 165.T08-019 to read as follows:
Sec. 165.T08-019 Regulated Navigation Area; Reporting Requirements
for Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District.
(a) Regulated Navigation Area. The following waters are a Regulated
Navigation Area (RNA): Mississippi River above mile 235.0, Above Head
of Passes, including all its tributaries; the Atchafalaya River above
mile 55.0 including the Red River; the Ohio River and all its
tributaries; and the Tennessee River from its confluence with the Ohio
River to mile zero on the Mobile River and all other tributaries
between these two rivers.
(b) Applicability. This section applies to operators of barges
loading or loaded with certain dangerous cargoes (CDCs) within the
Regulated Navigation Area. This section does not apply to operators of
``empty'' CDC barges, as defined in the definitions section.
(c) Definitions. As used in this section:
Barge means a non-self propelled vessel engaged in commerce, as set
out in 33 CFR 160. 204, published February 28, 2003 in Notification of
Arrival in U.S. Ports, (68 FR 9537, 9544).
Certain Dangerous Cargoes (CDCs) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50, and
that is in a quantity in excess of 100 metric tons per barge.
(2) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration (RSPA) exemption, and
that is in a quantity in excess of 100 metric tons per barge.
(3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101
that is also a ``material poisonous by inhalation'' as defined in 49
CFR 171.8, and that is in a quantity in excess of 1 metric ton per
barge.
(4) Division 5.1 ``Ammonium Nitrate and Certain Ammonium Nitrate
Fertilizers'' for which a permit is required under 49 CFR 176.415, or
for which a permit is required as a condition of a RSPA exemption, and
that is in a quantity in excess of 100 metric tons per barge.
(5) A liquid material that has a primary or subsidiary
classification of Division 6.1 ``poisonous material'' as listed in 49
CFR 172.101 that is also a ``material poisonous by inhalation'', as
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in
a quantity in excess of 20 metric tons per barge when not in a bulk
packaging.
(6) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment'', as defined in 49
CFR 173.403.
(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that
is flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids:
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene Oxide.
CDC barge means a barge loaded with CDCs.
Downbound means the tow is traveling with the current.
Eighth Coast Guard District means the Coast Guard District as set
out in 33 CFR part 3.40-1.
Empty means no product and the barge is certified as gas free by a
marine chemist.
Final destination means the final destination of the CDC barge(s);
fleeting area, receiving facility or terminal.
Gas free means the barge has been certified by a marine chemist to
be gas free.
Loaded means the barge is loaded, or containing CDC cargo residue
and not gas free.
[[Page 23397]]
Operator means any person, including but not limited to an owner,
charterer, or contractor, who conducts or is responsible for the
operation of a barge.
Upbound means the tow is traveling against the current.
(d) Effective dates. This section is effective from April 16, 2003
through October 31, 2003.
(e) Regulations. (1) The operator of a barge(s) loaded with or
being loaded with CDCs in the RNA must report to the Inland River
Vessel Movement Center (IRVMC):
(i) 4 hours prior to loading a barge(s) with CDCs:
(ii) 4 hours prior to dropping off a CDC barge(s) at a fleeting
area;
(iii) 4 hours prior to picking up a CDC barge(s) from a fleeting
area;
(iv) 4 hours prior to getting underway with a CDC barge(s) within
the RNA;
(v) upon point of entry into the RNA with a CDC barge(s);
(vi) at designated reporting points, set forth in Table 165.T08-
019(f), in paragraph (f) of this section;
(vii) when the estimated time of arrival (ETA) to a reporting point
varies by 6 hours from the previously reported ETA;
(viii) any significant deviation from previously reported
information;
(ix) upon arrival at a ``final'' destination with a CDC barge(s),
if arrival is within the RNA;
(x) upon departing the RNA with a CDC barge(s); and
(xi) when directed by the IRVMC.
(2) Each report to the IRVMC must contain all the information items
specified in Table 165.T08-019(g), in paragraph (g) of this section.
(3) Reports required by this section must be made to the IRVMC
either by telephone toll free to (866) 442-6089, by fax toll free to
(866) 442-6107, or by e-mail to irvmc@cgstl.uscg.mil. (4) The general regulations contained in 33 CFR 165.13 apply to
this section.
(f) Eighth Coast Guard District inland river reporting points.
Operators of barges loading or loaded with CDCs must report the
information required by this section at the reporting points designated
in Table 165.T08-019(f) to this paragraph.
Table 165.T08-019(f). Eighth Coast Guard District Inland River
Reporting Points
(1) Lower Mississippi River (LMR) Upbound Reporting Points, Mile Marker
(M):
(i) M 235.0 (Checking into RNA)
(ii) M 310.0
(iii) M 385.0
(iv) M 460.0
(v) M 535.0
(vi) M 610.0
(vii) M 700.0
(viii) M 775.0
(ix) M 850.0
(x) M 925.0
(2) Lower Mississippi River (LMR) Downbound Reporting Points, Mile
Marker (M):
(i) M 850.0
(ii) M 775.0
(iii) M 650.0
(iv) M 525.0
(v) M 400.0
(vi) M 270.0
(vii) M 235.0 (Checking out of RNA)
(3) Upper Mississippi River (UMR) Upbound Reporting Points: at Mile
Marker (M) and when Departing Lock & Dam (L&D):
(i) M 60.0
(ii) M 145.0
(iii) L&D 25
(iv) L&D 21
(v) L&D 18
(vi) L&D 14
(vii) L&D 11
(viii) L&D 8
(ix) L&D 4
(x) L&D 3
(4) Upper Mississippi River (UMR) Downbound Reporting Points, at Mile
Marker (M) and when Departing Lock & Dam (L&D), unless otherwise
indicated:
(i) L&D 3
(ii) L&D 4
(iii) L&D 8
(iv) L&D 11
(v) L&D 14
(vi) L&D 18
(vii) L&D 21
(viii) L&D 25
(ix) Upon arriving at Melvin Price L&D
(x) M 145.0
(xi) M 20.0
(5) Missouri River (MOR) Upbound Reporting Points, at Mile Marker (M):
(i) M 30.0
(ii) M 120.0
(iii) M 225.0
(iv) M 325.0
(v) M 425.0
(vi) M 525.0
(vii) M 575.0
(viii) M 675.0
(ix) M 730.0
(6) Missouri River (MOR) Downbound Reporting Points, at Mile Marker
(M):
(i) M 730.0
(ii) M 675.0
(iii) M 550.0
(iv) M 400.0
(v) M 225.0
(vi) M 55.0
(7) Illinois River (ILR) Upbound Reporting Points, at Mile Marker (M)
and when Departing Lock & Dam (L&D):
(i) M 0.0
(ii) New LaGrange L&D
(iii) M 140.0
(iv) M 187.2 (Checking out RNA)
(8) Illinois River (ILR) Downbound Reporting Points, at mile marker and
when Departing Lock & Dam (L&D):
(i) 187.2 (Checking in RNA)
(ii) New LaGrange L&D
(9) Ohio River Upbound Reporting Points, at Mile Marker (M) and when
Departing Lock & Dam (L&D), unless otherwise indicated:
(i) M 920
(ii) Upon arriving at John T Meyers L&D
(iii) M 825.0
(iv) M 747.0
(v) M 675.0
(vi) M 630.0
(vii) M 557.0
(viii) M 512.0
(ix) M 407.0
(x) Greenup L&D
(xi) Robert C. Byrd L&D
(xii) Belleville L&D
(xiii) Hannibal L&D
(xiv) Upon arriving at Montgomery L&D
(10) Ohio River Downbound Reporting Points, at Mile Marker (M) and when
Departing Lock & Dam (L&D), unless otherwise indicated:
(i) Montgomery L&D
(ii) Hannibal L&D
(iii) Belleville L&D
(iv) Robert C. Bryd L&D
(v) Greenup L&D
(vi) Capt Anthony Meldahl L&D
(vii) M 550.0
(viii) M 650.0
(ix) M 750.0
(x) John T Meyers L&D
(xi) Upon arriving at Smithland L&D
(11) Allegheny River Upbound:
(i) Report when departing RNA
(12) Allegheny River Downbound Reporting Point, when Arriving Lock &
Dam (L&D):
(i) L&D 4
(13) Monongahela River Upbound:
(i) No reporting point
(14) Monongahela River Downbound Reporting Point, when Arriving Lock &
Dam (L&D):
(i) L&D 4
(ii) M 24.2
(15) Kanawha River Upbound Reporting Point, when Arriving Lock & Dam
(L&D):
(i) Winfield L&D
(16) Kanawha River Downbound Reporting Point, when Departing Lock & Dam
(L&D):
[[Page 23398]]
(i) Winfield L&D
(17) Cumberland River Upbound Reporting Points, at Mile Marker (M) and
when Departing Lock & Dam (L&D):
(i) Barkley L&D
(ii) M 125.0
(18) Cumberland River Downbound Reporting Points, at Mile Marker (M)
and when Departing Lock & Dam (L&D), unless otherwise indicated:
(i) Upon arriving at the Old Hickory L&D
(ii) M 125.0
(iii) Barkley L&D
(19) Tennessee River Upbound Reporting Points, at Mile Marker (M) and
when Departing Lock & Dam (L&D), unless otherwise indicated:
(i) Kentucky L&D
(ii) M 125.0
(iii) Pickwick Landing L&D
(iv) General Joe Wheeler L&D
(v) Gunterville L&D
(vi) Nickajack L&D
(vii) Watts Bar L&D
(viii) Upon arriving at Fort Loudon L&D
(20) Tennessee River Downbound Reporting Points, at Mile Marker (M) and
when Departing Lock & Dam (L&D), unless otherwise indicated:
(i) Fort Loudon L&D
(ii) Watts Bar L&D
(iii) Upon arriving at Chickamauga L&D
(iv) Nickajack L&D
(v) Gunterville L&D
(vi) General Joe Wheeler L&D
(vii) Pickwick Landing L&D
(viii) M 125.0
(ix) Kentucky L&D
(21) Tennessee-Tombigbee River, Upbound Reporting Points, at Mile
Marker (M) and when Departing Lock & Dam (L&D):
(i) Lock D
(ii) Aberdeen L&D
(iii) Aliceville L&D
(iv) M 200.0
(v) M 100.0 Tombigbee River
(22) Tennessee-Tombigbee River, Downbound Reporting Points, at Mile
Marker (M) and when Departing Lock & Dam (L&D):
(i) Coffeeville L&D
(ii) M 200.0
(iii) Aliceville L&D
(iv) Aberdeen L&D
(v) Lock D
(23) Mobile River, Upbound Reporting Point at Mile Marker (M):
(i) 0.0 (Checking in RNA)
(24) Mobile River, Downbound Reporting Point at Mile Marker (M):
(i) 0.0 (Checking out RNA)
(25) Black Warrior River, Upbound Reporting Point when Departing L&D:
(i) Holt L&D
(26) Black Warrior River, Downbound Reporting Point when Departing L&D:
(i) Holt L&D
(27) Alabama River, Upbound Reporting Points at Mile Marker (M) and
when Departing L&D:
(i) Claiborne L&D
(ii) M 160.0
(iii) M 255.0
(28) Alabama River, Downbound Reporting Points when Departing L&D:
(i) M 255.0
(ii) M 160.0
(iii) Claiborne L&D
(29) McClellan-Kerr Arkansas River Navigation System Upbound Reporting
Points, when Departing Lock & Dam (L&D), unless otherwise indicated:
(i) L&D 4
(ii) Upon arriving at David D. Terry L&D
(iii) L&D 9
(iv) Ozark-Jeta Taylor L&D
(v) W.D. Mayo L&D
(vi) Chouteau L&D
(30) McClellan-Kerr Arkansas River Navigation System Downbound
Reporting Points, when Departing Lock & Dam (L&D):
(i) Chouteau L&D
(ii) W.D. Mayo L&D
(iii) Ozark-Jeta Taylor L&D
(iv) L&D 9
(v) David D. Terry L&D
(vi) L&D 2
(31) Red River Upbound Reporting Points, Mile Marker and when Departing
Lock & Dam (L&D):
(i) L.C. Boggs L&D
(ii) Lock 3
(iii) M 180.0
(32) Red River Downbound Reporting Points, when Departing Lock & Dam
(L&D):
(i) Lock 3
(ii) L.C. Boggs L&D
(33) Atchafalaya River, Upbound Reporting Point at Mile Marker (M):
(i) 55.0 (Checking in RNA)
(34) Atchafalaya River, Downbound Reporting Point at Mile Marker (M):
(i) 55.0 (Checking out RNA)
(g) Required information to be reported to the Inland River Vessel
Movement Center (IRVMC). Operators of barges loading or loaded with
CDCs must report the information required by this section, as set out
in Table 165.T08-019(g) to this paragraph.
Table 165.T08-019(g). Required Information To Be Reported to the Inland River Vessel Movement Center (IRVMC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Planned
route, name
and location
Name and Estimated of ``final
location of time of destination'' Estimated
the facility Name of Type, name departure (fleeting time of
24 hr or terminal vessel Barge(s) and amount from the area, Reporting arrival
contact where the moving the name of CDC to be fleeting receiving point (ETA) to
no. barge(s) barge(s) loaded or area, facility or next
will be onboard facility or terminal), reporting
loaded terminal including point
estimated
date of
arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) 4 hours prior to loading a X X ............ X X ............ ............. ......... ............
barge(s) with CDC................
(2) 4 hours prior to dropping off ......... ............ ............ X ............ ............ X ......... ............
a CDC barge(s) to a fleeting area
(3) 4 hours prior to picking up a X ............ X X X X X ......... X
CDC barge(s) from a fleeting area
(4) 4 hours prior to getting X ............ X X X ............ X X X
underway within the RNA..........
(5) Upon point of entry into the X ............ X X X ............ X X X
RNA..............................
[[Page 23399]]
(6) At designated reporting points ......... ............ X X (\1\) ............ (\1\) X X
in Table 165.T08-019(f)..........
(7) When ETA to a reporting point ......... ............ X X (\1\) ............ ............. ......... X
varies by 6 hours from previously
reported ETA.....................
(8) Any significant deviation from X X X X X X X X X
previously reported information..
(9) Upon arrival at destination... ......... ............ X X ............ ............ ............. ......... ............
(10) Upon departing the RNA....... ......... ............ X X ............ ............ ............. X ............
(11) When directed by the IRVMC... X X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.
(h) Deviation from the requirements of this section is prohibited
unless specifically authorized by the Commander, Eighth Coast Guard
District or designated representatives. Designated representatives
include Captains of the Port within the Eighth Coast Guard District.
Dated: April 16, 2003.
J.W. Stark,
Captain, Coast Guard, Commander, Eighth Coast Guard District, Acting.
[FR Doc. 03-10826 Filed 4-30-03; 9:26 am]
BILLING CODE 4910-15-P