[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Rules and Regulations]
[Page 41624-41626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-10]
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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: Final rule.
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SUMMARY: The Coast Guard has amended the 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 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
Eighty-One Mile Point, MM 178 LMR. This rule requires vessels, subject
to the Bridge to Bridge Radiotelephone Act (33 U.S.C. 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: This rule is effective August 30, 2007.
ADDRESSES: Documents indicated in this preamble as being in the docket,
are part of docket [CGD08-07-007] and are available for inspection or
copying at U.S. Coast Guard Marine Safety Unit Baton Rouge, 6041
Crestmount Drive, Baton Rouge, LA 70809 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:
Regulatory Information
On April 5, 2007 we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area; Mississippi River, Eighty-
One Mile Point in the Federal Register (72 FR 65). We received no
comments on the proposed rule. No public meetings were requested and
none were held.
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 part 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 RNA and provide advice to mariners about
upcoming traffic in an effort to eliminate meeting and overtaking
scenarios at Eighty-One Mile Point.
Discussion of Comments and Changes
There were no comments received on this rule change. No public
meetings were requested and none were held.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
This rule does not prohibit vessel transits, barge fleeting, or
towboat operations within the RNA, but merely requires checking in with
VTS New Orleans using 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 rule does
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 uses
[[Page 41625]]
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
affects 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 rule calls 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 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 does not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does not affect 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 might
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. 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 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.
Environment
We have analyzed this 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 determined
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 rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. 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.
0
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
[[Page 41626]]
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: July 16, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-14697 Filed 7-30-07; 8:45 am]
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