[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Rules and Regulations]
[Page 23399-23404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-209]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Illinois Waterway System Within
the Ninth 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) for all portions of the Illinois Waterway System located in the
Ninth Coast Guard District. This rule requires that barges loaded with
certain dangerous cargoes (CDCs) report their position and other
information to the Inland River Vessel Movement Center (IRVMC) and is
intended to safeguard vessels, ports and waterfront facilities from
sabotage or terrorist acts. 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 April 16, 2003 through October 31, 2003.
ADDRESSES: You may mail comments and related material to Commander (m),
Ninth Coast Guard District, 1240 E. Ninth Street, Cleveland, OH 44199-
2060. Commander (m), Ninth Coast Guard District 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 CGD09-03-209 and are
available for inspection or copying at Commander (m), Ninth Coast Guard
District, 1240 E. Ninth Street, Cleveland, OH 44199-2060 between 8 a.m.
and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander Michael Gardiner or
Lieutenant Matthew Colmer, Ninth Coast Guard District Marine Safety
Division, at (216) 902-6045.
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 an 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 the United States interests are
likely. The measures contemplated by this 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
[CGD09-03-209], 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 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 temporary final
rule in view of them.
[[Page 23400]]
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 (m), Ninth Coast Guard
District 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 casualties and property damage. These attacks highlighted
terrorists' ability and desire to utilize numerous methods to increase
their opportunities to successfully carry out their mission. This
includes airborne, waterborne, and land-based threats. This approach
maximizes the destructive possibility of their 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 United States is still endangered by
terrorist related disturbances in the international relations of the
United States that have existed since the terrorist attacks on the
United States of September 11, 2001. 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) issued Advisory 02-07,
which recommends that U.S. shipping interests 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 the war with Iraq
underscore the prudence of U.S. ports and waterways being on a higher
state of alert. The heightened state of alert is further supported by
declarations and the ongoing intent of the Al Qaeda organization and
other similar organizations to conduct armed attacks on U.S. interests
worldwide.
This RNA complements a parallel rule issued by the Eighth Coast
Guard District on April 16, 2003. The purpose of these complementary
rules is to create a consistent and seamless reporting system for the
Western Rivers Inland Waterway System within the Eighth and Ninth Coast
Guard Districts.
This RNA applies to barges loaded with CDCs operating on the
Illinois Waterway System above mile 187.2 to the Chicago Lock on the
Chicago River at mile 326.7 and to the confluence of the Calumet River
and Lake Michigan at mile 333.5 of the Calumet River. The vessels
affected by this RNA transport CDCs that, if used as a weapon of
terrorism, could result in substantial loss of life, property and
environmental damage, as well as grave economic consequences. This RNA
requires operators, as defined in this rule, of barges loading or
loaded with CDCs to periodically report their position and other
specified information to the Inland River Vessel Movement Center
(IRVMC).
If additional information warrants modifying or amending this rule,
we will revise the rule and publish the revision in the Federal
Register. We will also issue Broadcast Notices to Mariners regarding
any such revision. This RNA is issued under authority contained in 33
U.S.C. 1226 and 50 U.S.C. 191.
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, Ninth 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
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.T09-209(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); 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.T09-209(g). Reports must be made to the IRVMC,
either by telephone toll free to (866) 442-6089, by fax 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, Ninth Coast Guard District or his
designated representative.
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 rule is temporary in nature and the Coast
Guard may issue a NPRM as it considers whether to make this rule
permanent. Any hardships experienced by persons or vessels 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
[[Page 23401]]
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 that portion of the Illinois Waterway System
located within the Ninth 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 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 (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
comment 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 through 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 16, 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 16, 2003. It is
valid through October 31, 2003.
Federalism
A rule has implications for federalism under Executive Order 13132,
[[Page 23402]]
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 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 in the docket 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.T09-209 to read as follows:
Sec. 165.T09-209 Regulated Navigation Area; Reporting Requirements
for Barges Loaded with Certain Dangerous Cargoes, Illinois Waterway
System Within the Ninth Coast Guard District.
(a) Regulated Navigation Area. The following waters are a Regulated
Navigation Area (RNA): the Illinois Waterway System above mile 187.2 to
the Chicago Lock on the Chicago River at mile 326.7 and to the
confluence of the Calumet River and Lake Michigan at mile 333.5 of the
Calumet River.
(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
[[Page 23403]]
(ix) Propylene Oxide.
CDC barge means a barge loaded with CDCs.
Downbound means the tow is traveling with the current.
Empty means no product and the barge is certified 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.
Ninth Coast Guard District means the Coast Guard District as set
out in 33 CFR part 3.45-1.
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.T09-
209(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);
(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.T09-209(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) Ninth 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.T09-209(f) to this paragraph.
Table 165.T09-209(f). Ninth Coast Guard District Inland River Reporting
Points
(1) Illinois River (ILR) Upbound Reporting Points, at Mile Marker
(M) and when Departing Lock & Dam (L&D):
(i) M 187.2 Southern Boundary MSO Chicago AOR
(ii) M 271.5 Dresden L&D
(iii) M 291.0 Lockport L&D
(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet
Sag Channel
(v) M 326.4 Thomas S. O'Brien Lock Calumet River
(vi) M 333.5 Confluence of Calumet River and Lake Michigan
(vii) M 326.7 Chicago Lock Chicago River
(2) Illinois River (ILR) Downbound Reporting Points, at mile marker
and when Departing Lock & Dam (L&D):
(i) M 326.7 Chicago Lock Chicago River
(ii) M 333.5 Confluence of Calumet River and Lake Michigan
(iii) M 326.4 Thomas S. O'Brien Lock Calumet River
(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet
Sag Channel
(iv) M 291.0 Lockport L&D
(v) M 271.5 Dresden L&D
(vi) M 187.2 Southern Boundary MSO Chicago AOR
(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.T09-209(g) to this paragraph.
Table 165.T09-209(g).--Required Information To Be Reported to the Inland River Vessel Movement Center (IRVMC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name and
location Estimated Planned route, name
of the time of and location of Estimated
facility Name of Type, name departure ``final time of
24 hr or vessel Barge(s) and amount from the destination'' Reporting arrival
contact terminal moving name of CDC to fleeting (fleeting area, point (ETA) to
number where the the be loaded area, receiving facility next
barge(s) barge(s) or onboard facility or or terminal), reporting
will be terminal. including estimated point
loaded. 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 a ........ .......... ......... X .......... ........... X .......... ...........
CDC barge(s) to a fleeting area.....
(3) 4 hours prior to picking up a CDC X .......... X X X X X .......... X
barge(s) from a fleeting area.......
(4) 4 hours prior to getting underway X .......... X X X ........... X X X
within the RNA......................
(5) Upon point of entry into the RNA. X .......... X X X ........... X X X
(6) At designated reporting points in ........ .......... X X If changed ........... If changed X X
TABLE 165.T09-209 (f)...............
[[Page 23404]]
(7) When ETA to a reporting point ........ .......... X X If changed ........... ................... .......... 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
(h) Deviation from the requirements of this section is prohibited
unless specifically authorized by the Commander, Ninth Coast Guard
District or designated representatives. Designated representatives
include Captains of the Port within the Ninth Coast Guard District.
(i) 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.
Dated: April 16, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-10827 Filed 4-30-03; 9:26 am]
BILLING CODE 4910-15-P