[Federal Register: November 12, 2009 (Volume 74, Number 217)]
[Proposed Rules]
[Page 58223-58231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no09-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 161 and 165
[Docket No. USCG-1998-4399]
RIN 1625-AA58 (Formerly RIN 2115-AF75)
Vessel Traffic Service Lower Mississippi River
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a Vessel Traffic Service
(VTS) on the Lower Mississippi River and transfer certain vessel
traffic management (VTM) provisions of the Mississippi River,
Louisiana--Regulated Navigation Area to the VTS. The proposed rule
would implement current practices and operating procedures appropriate
to an Automatic Identification System (AIS)-based VTS and facilitate
vessel transits, enhance good order, promote safe navigation, and
improve existing waterway operating measures. The rule also proposes
minor conforming revisions to the existing VTM provisions and related
regulations.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before January 11,
2010 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
1998-4399 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Commander Jim Larson, Office of Shore
Forces (CG-7413), Coast Guard; telephone 202-372-1554, e-mail
James.W.Larson@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
A. Regulatory History
B. Vessel Traffic Services
C. Stakeholder Involvement
D. Automatic Identification System Concept
IV. Summary of Changes Between NPRM and SNPRM
V. Discussion of Comments
VI. Discussion of Supplemental Notice of Proposed Rulemaking
A. Section 161.2 Definitions
B. Section 161.6 Preemption
C. Section 161.12 Vessel Operating Requirements
D. Section 161.65 Vessel Traffic Service Lower Mississippi River
E. Section 165.810 Mississippi River, LA--Regulated Navigation
Area
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
[[Page 58224]]
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-1998-4399), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-1998-4399'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-1998-4399'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
The Coast Guard held a public meeting on October 24, 1998, in New
Orleans, Louisiana. We announced this meeting in a notice published in
the Federal Register on September 18, 1998 (63 FR 49939). This meeting
provided the Coast Guard with the opportunity to discuss the Vessel
Traffic Service (VTS) concept and the envisioned impact of the
Automatic Identification System (AIS) technology to the VTS program.
This meeting also afforded us an opportunity to report the
preliminary results of AIS tests conducted on the Lower Mississippi
River (LMR). Advances in the use of AIS technology and its impact on
the established VTS are not discussed in depth in this rulemaking;
however, AIS requirements were the subject of a separate rulemaking
published on October 22, 2003 (68 FR 60559).
In addition, the Coast Guard discussed the VTS concept at various
Lower Mississippi River Waterways Safety Advisory Committee (LMRWSAC)
meetings. LMRWSAC is a federally-chartered advisory committee, chaired
by the Eighth Coast Guard District Commander, and is charged with
making recommendations to the Coast Guard on matters relating to the
transit of vessels and products on the LMR. These open forums have
allowed the public the opportunity to comment on both VTS and AIS
issues. The public's input has been, and will be, taken into account
prior to the final rulemaking.
We are still considering whether to have another public meeting on
this issue. The Coast Guard would like your comments on the reasons why
another meeting would be beneficial. Send your comments requesting a
public meeting to the Docket Management Facility at the address under
ADDRESSES. If we determine that another public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
Abbreviation/Explanation
AHP Above Head of Passes
AIS Automatic Identification System
CH Channel
COTP Captain of the Port
GPS Global Positioning System
IEC International Electrotechnical Commission
ITU International Telecommunications Union
LMRWSAC Lower Mississippi River Waterways Safety Advisory Committee
MHz Megahertz
NDG National Dialogue Group
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
PAWSS Port and Waterways Safety Systems
PWSA Ports and Waterways Safety Act
PWSSC Ports and Waterways Safety Systems Committee
VMRS Vessel Movement Reporting System
VTC Vessel Traffic Center
VTM Vessel Traffic Management
VTS Vessel Traffic Service
VTS LMR Vessel Traffic Service Lower Mississippi River
III. Background
A. Regulatory History
On April 26, 2000, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Vessel Traffic Service Lower Mississippi
River'' in the Federal Register (65 FR 24616) and requested comments
during a 90-day comment period. Due to several requests for additional
time to comment, on August 18, 2000, the Coast Guard published a notice
in the Federal Register (65 FR 50479) reopening the comment period
until December 1, 2000, and announcing that the Coast Guard would hold
a public meeting. On September 20, 2000, the Coast Guard published a
notice of meeting in the Federal Register (65 FR 56843) announcing that
the Coast Guard would hold a public meeting in New Orleans, Louisiana,
on October 24, 2000, to receive public comments on the NPRM.
On October 24, 2000, the Coast Guard held a public meeting in New
Orleans on Vessel Traffic Service Lower Mississippi River (VTS LMR).
Twenty-four people attended the meeting, and two individuals provided
comments.
This proposed rule would amend vessel traffic measures within the
Mississippi River Regulated Navigation Area and require vessels as
defined in 33 CFR 161.2 to participate in a vessel traffic service
(VTS) that will serve the Lower Mississippi River (LMR). Additionally,
this proposed rule would update certain operating practices, adopt
standard traffic management procedures, and inform mariners of certain
services provided by a Coast Guard VTS.
B. Vessel Traffic Services
The Coast Guard operates 12 VTSs in the United States. A VTS
provides navigation and safety information so mariners can make
informed decisions during their voyage. In the past, the Coast Guard
operated variations of a VTS in the New Orleans area.
[[Page 58225]]
Unfortunately, these efforts were plagued by budgetary constraints, the
limitations of voluntary participation, and the temporary or part-time
nature of the VTS operation. Since disestablishment of the VTS in New
Orleans in the 1980s, the Coast Guard, as directed by the Oil Pollution
Act of 1990 (OPA 90, Pub. L. 101-380), has:
(1) Validated the need for a VTS in certain ports;
(2) Made participation mandatory in all VTS ports; and
(3) Invested in infrastructure improvement to VTS equipment and
standardized operating procedures across all United States VTSs.
The Coast Guard has long recognized the potential benefits of
properly established VTSs in U.S. ports and waterways. As a result, the
Coast Guard established the Ports and Waterways Safety System (PAWSS)
acquisition project to address waterway users' needs and place a
greater emphasis on partnerships with industry to reduce risk in the
marine environment. As part of PAWSS, the Coast Guard immediately
convened a national dialogue group (NDG) comprised of maritime and
waterway community stakeholders to identify the needs of waterway users
with respect to Vessel Traffic Management (VTM) and VTS systems. The
Coast Guard sponsored these discussions, which were hosted by the
Committee on Maritime Advanced Information Systems (MAIS) under the
auspices of The Marine Board of the National Research Council. Those
stakeholders, representing all major sectors of the U.S. and foreign-
flagged maritime industry, port authorities, pilots, the environmental
community, and the Coast Guard, were tasked to: (1) Identify the
information needs of waterway users to ensure safe passage; (2) assist
in establishing a process to identify candidate waterways for VTM
improvements and VTS installations; and (3) identify the basic elements
of a VTS. The goal of the NDG was to provide a foundation for the
development of an approach to VTM that would meet the shared
government, industry, and public objective of ensuring the safety of
vessel traffic in U.S. ports and waterways in a technologically sound
and cost effective way.
A federally-operated and locally-adopted VTM facility has been in
place in New Orleans Harbor since the 1930s. In an effort to assist the
mariner, safeguard the port, ensure good order, and improve safety, the
local maritime community implemented the Algiers Point Control Lights.
This system evolved from local river pilots standing watch using
lanterns and whistle signals to a 24-hour, federally-staffed
communication station with twin control light towers at Governor
Nicholls Street Wharf and Gretna Lights. Although not formally
recognized as a VTS, the communication station has provided
longstanding traffic management services from its inception.
The Algiers Point/Crescent area is currently subject to regulatory
provisions established in 33 CFR 165.810(c). The procedures and
practices proposed in this rule are essentially the same as those
currently used in the Algiers Point/Crescent area, but are being moved
to 33 CFR 161.65(c) to consolidate all VTS regulations under one
section.
The primary objective of the existing regulatory system is
providing an orderly traffic flow around Algiers Point. Algiers Point
is one of the most challenging bends to safely navigate on the
Mississippi River, particularly in high water conditions. In one of the
busiest industrial harbors in the world, vessels must negotiate a 120-
degree bend in the river amidst constantly changing hydrographic
conditions, congested waters, and various bridges and piers. Mandatory
vessel traffic measures, represented by the light signals, are utilized
to lessen the potential for mishap during periods of high water. The
consequences of improper navigation in this segment of the river are
both significant and well-documented. Since 1991, there have been
multiple reportable marine casualties within the area covered by this
rulemaking. The failure to safely transit this area can quickly lead to
a mishap that causes substantial property damage, serious environmental
and economic consequences, or loss of life.
The Coast Guard and local mariners recognize that this segment of
the waterway warrants great vigilance. The nature of vessel traffic
within this area and the anticipated increase in traffic requires that
certain vessel traffic measures are active at all times or at least
available at a moment's notice. These measures can best be assured by
operating a Vessel Traffic Center (VTC) within the framework of a VTS.
A VTC is a shoreside facility from which the VTS operates and has the
communications capability to interact with marine traffic and respond
to developing situations. The existing Control Light operation in the
LMR and around Algiers Point has proven valuable in some measures of
VTM; however, these measures are narrow in scope, limited to a small
area, and only operated during periods of high water. Historically,
limitations of equipment, staffing, and site location hampered the
light operator's ability to provide overall safety and efficiency of
anticipated vessel traffic beyond the immediate vicinity of Algiers
Point. Through implementation of a continuously-operating VTS, the
Coast Guard has enhanced system capabilities and improved navigation on
the entire LMR.
C. Stakeholder Involvement
The Coast Guard has long recognized that a VTS on the LMR is a
valuable asset to all entities, the ``stakeholders'', that may be
impacted by the waterway either directly or indirectly. In addition,
many of the stakeholders who regularly utilize the waterway have
advised us that to achieve success, the VTS must meet the needs of the
waterway users while imposing the least burden.
In 1997, the Coast Guard formed the Ports and Waterways Safety
Systems Committee (PWSSC). The Coast Guard created this ad-hoc
committee, a subcommittee under LMRWSAC, of maritime, port community,
government, and public stakeholders to define user requirements for a
VTS that would accomplish the overall goals of safety and efficiency.
Since its formation, PWSSC has met several times, and the product of
these meetings was a conceptual baseline VTS plan (see document USCG-
1998-4399-0003 at http://www.regulations.gov) endorsed by LMRWSAC. Key
recommendations of this plan involved the need to implement AIS
technology and to incorporate AIS as a key component of any VTS
implementation.
D. Automatic Identification System Concept
AIS technology relies on Global Positioning System (GPS),
navigation sensors, and digital communication equipment operating
according to standardized protocols (i.e., AIS transponders) that
permit the voiceless exchange of navigation information between vessels
and shoreside VTCs. The AIS transponders on vessels can broadcast
information about the vessel, such as its name or call sign,
dimensions, type, position (derived from a GPS input), course, speed,
and navigation status. This information is continually updated and
received by all AIS-equipped vessels in its vicinity. An AIS-based VTS
is able to augment this broadcast with additional safety and navigation
information such as weather, tides, currents, and status of
navigational aids. This additional information can be relayed to all
VTS users for consideration in voyage planning and execution. The
advantage of this automatic exchange of
[[Page 58226]]
information is that it can be accessed by all mariners, tailored to the
mariners' needs and desires, and greatly reduce voice radio exchanges.
The ease of operation of the VTS and the reduction of voice
interactions should greatly enhance mariners' ability to navigate,
improve their situational awareness, and assist them in the performance
of their duties, thus reducing the risk of collisions.
The Coast Guard recognizes the importance of AIS and has led the
way on various international fronts for acceptance and adoption of this
technology. Through its national representation role in the
International Maritime Organization (IMO), International
Telecommunications Union (ITU), and participation in various other
international working groups, including groups within the International
Electrotechnical Commission (IEC), the Coast Guard has been a leader in
the drafting and/or adoption of various technical standards (e.g., ITU-
R M.1371-3, IEC 61993-2, IEC 62320-1). Through comprehensive field
testing and based on feedback received from test participants and other
interested parties in the area, the Coast Guard established a
voluntary-participation VTS on the LMR that incorporated full use of
AIS technology in 2004.
In 2003, the USCG published a final rule that harmonized the AIS
carriage and standardization requirements contained in the Maritime
Transportation Security Act of 2002, Section 102, Public Law 107-295,
116 Stat. 2064, 46 U.S.C. 70114 (November 25, 2002) (MTSA) with the
requirements of the International Convention for the Safety of Life at
Sea (SOLAS) that established AIS carriage requirements for commercial
vessels (33 CFR 164). Because of this prior regulation, all U.S.-
flagged commercial vessels required to carry AIS equipment for
operation in the VTS under this proposed rule have been in compliance
since 2004. Similarly, foreign-flagged vessels have been required to
carry AIS equipment under the SOLAS Convention since 2004.
This rulemaking proposes establishing mandatory-participation in
the current voluntary VTS on the LMR. This effort is part of a
comprehensive safety improvement initiative being implemented by the
Coast Guard in consultation with various maritime entities in the area,
including LMRWSAC.
The Coast Guard completed a capitalization program in 2004 that
provided Coast Guard Sector New Orleans with additional Coast Guard
personnel and a modernized VTC. From this VTC, we have the capability
to monitor the movement of VTS users and provide navigation services
that will help all requesting mariners plan their transits of the LMR.
Because the bend at Algiers Point remains an area of great concern and
warrants extra precaution, we also designated the segment of the river
between 93.5 and 95 miles Above Head of Passes (AHP) as a VTS Special
Area, and provisions formerly set forth in 33 CFR 165.810(c) continue
to apply in periods of high water. Due to added concerns with a high
number of vessel casualties in the vicinity of Eighty-one Mile Point as
a result of unique river conditions, an additional VTS Special Area is
being designated on the river between 167.5 and 187.9 miles AHP.
Provisions formerly set forth in 33 CFR 165.810(g) continue to apply.
This rule also proposes extending the area of operation of VTS LMR
to the area between 20 miles above Baton Rouge to the outer limit of
the 12-mile territorial sea boundary.
IV. Summary of Changes Between NPRM and SNPRM
The Coast Guard made the following changes to the notice of
proposed rulemaking (NPRM) and incorporated them in this supplemental
NPRM (SNPRM):
In the NPRM, we proposed to revise Sec. 26.03 by deleting
Table 26.03(f) and revising paragraph (f). We did not make those
changes in this proposed rule because the changes were completed in a
different rulemaking (68 FR 60559).
In the NPRM, we discussed the federalism implications of
this rule and determined that the proposed rule would have preemptive
effect over any State laws or regulations on the same subject matter.
We have restated that determination elsewhere in this rule. In
addition, we have created a new Sec. 161.6 to explicitly state that
this rule has preemptive effect over state law on this subject.
In the NPRM, we proposed to revise Table 161.12(b) by
adding a new entry that describes the LMR VTS area. We did not make
those changes in this proposed rule because they were completed in a
different rulemaking (68 FR 60559). That rulemaking also redesignated
Table 161.12(b) as Table 161.12(c). However, in the table currently
designated Table 161.12(c), we propose to revise footnote 6 to indicate
the operation of the VTS LMR. In addition, two VTS monitoring areas
were proposed for VTS LMR in the NPRM, utilizing VHF channels 12 and
14. Based on the operational experience of VTS LMR, we now propose
three VTS monitoring areas, utilizing VHF channels 11, 12, and 05A. VHF
channel 14 is being utilized by the U.S. Army Corps of Engineers for
lock operations in the VTS LMR area, and the use of CH 14 by VTS LMR
would interfere with lock operations. In lieu of CH 14, the Coast Guard
is proposing to utilize VHF CH 11 (156.550 MHz) in the southern section
of the VTS LMR area, which is currently designated as a VTS protected
frequency for the VTS LMR area in 47 CFR 80.383. The Coast Guard is
also proposing to establish an additional northern monitoring area,
within the VTS area originally proposed in the NPRM, utilizing VHF
Channel 05A. This channel is not currently designated as a VTS
protected frequency, but the Coast Guard will be petitioning the FCC
for protection status for this channel and has already made frequency
use applications through appropriate Federal agencies. Field tests have
been conducted on CH 05A during which little other marine traffic was
identified, indicating that little impact will result from the Coast
Guard's use of this channel.
Since publishing the NPRM, Coast Guard District Eight
established operating requirements in Sec. 165.810 to cover the
vicinity of Eighty-one Mile Point (72 FR 41624). The operating
requirements for this area are now included in this proposed rule as a
new VTS Special Area in Sec. 161.65(e).
In the NPRM, we proposed to remove Sec. 165.810(c) and
redesignate the remaining paragraphs. However, we instead propose to
remove and reserve paragraph (c) to preserve the original designations
for the remaining paragraphs.
V. Discussion of Comments
The Coast Guard received 21 letters commenting on the original
proposed rule (65 FR 24616). We held one public meeting where we
received two public comments. Many of the public's comments in response
to the April 2000 notice of proposed rulemaking (NPRM) have been
overtaken by subsequent events. As a result, we summarize below those
actions that have taken place since the original round of public
comments and this supplemental NPRM (SNPRM). The public will have an
opportunity to comment on the current state of VTS LMR operations as
addressed in this proposed rulemaking.
Since April 26, 2000, the Coast Guard has installed and
operationally tested a Vessel Traffic Management (VTM) system to
monitor the Lower Mississippi River (LMR) area addressed in this
rulemaking. The system is a computer-based VTM system that
[[Page 58227]]
utilizes Automatic Identification System (AIS), closed circuit
television cameras (CCTV), radar, and VHF radio communications to
monitor and advise vessel traffic on the Mississippi River. Computer-
based VTM systems have been operationally proven as a reliable VTM
system in seven U.S. ports and are maintained and supported through
Coast Guard efforts.
The VTS is now fully staffed by Coast Guard civilian employees, who
have undergone a rigorous selection, training, and qualification
process. As part of this training and qualification process, we have
developed a National VTS Certification Course, based upon the
International Association of Marine Aids to Navigation and Lighthouse
Authorities (IALA) VTS Training Curriculum, that each VTS watch stander
must complete. In addition to Coast Guard employees, the VTS watch is
augmented by two onsite Pilot Advisors, who bring additional knowledge
and experience to the VTS operation. The Coast Guard has two
Memorandums of Understanding with (1) the Crescent River Port Pilots
Association and the Independent River Pilots and (2) the New Orleans
and Baton Rouge Steamship Pilots and the Independent New Orleans and
Baton Rouge Steamship Pilots, which address the staffing of the VTS
with pilot advisors.
In addition to the installation of the VTM system, remote traffic
control light tower operations from Governor Nichols Street Wharf and
Gretna Light have been safely transitioned to the Coast Guard VTS
center. Many of the original public comments expressed concern with the
ability of the Coast Guard to safely transition to and monitor the
traffic control towers from a consolidated VTS center utilizing an AIS
based VTS system. Remote tower operation is further enhanced through
the use of CCTV coverage of the river in critical areas. These remote
operations have been in place since 2004.
Many of the original public comments addressed concerns with AIS
equipment carriage requirements associated with the proposed rule.
Since we published the NPRM in the Federal Register in 2000, the Coast
Guard separated the VTS LMR and AIS rulemaking projects into two
separate rulemaking projects (see USCG-2005-21869 for the AIS
rulemaking). AIS is now fully integrated with the Coast Guard traffic
management systems and has proven to be an effective traffic management
tool in LMR, as well as the other U.S. VTS ports.
We feel that the current state of VTS operations on the LMR
increases the safety and efficiency of traffic in the VTS area as
proposed in this rulemaking and look forward to addressing new public
comments received regarding the proposed rulemaking.
VI. Discussion of Supplemental Notice of Proposed Rulemaking
This proposed rule would revise regulations in 33 CFR parts 161 and
165 as follows:
A. Section 161.2 Definitions
We propose to clarify the term ``Hazardous Vessel Operating
Condition'' to make it clear that, in addition to equipment and manning
shortcomings, any vessel condition that ``may affect the positive
control or safe handling'' of a vessel, towing vessels in particular,
is deemed a ``Hazardous Vessel Operating Condition.''
B. Section 161.6 Preemption
We propose to add this section to explicitly state that this rule
has preemptive effect over state law on this subject.
C. Section 161.12 Vessel Operating Requirements
The Coast Guard proposes to revise Table 161.12(c). Specifically,
we modify the VTS LMR entry in the table by changing from two to three
monitoring areas and updating the designated frequencies. Additionally,
we revise the text in footnote 6 by deleting the reference to VTS LMR.
D. Section 161.65 Vessel Traffic Service, Lower Mississippi River
The Coast Guard proposes to add a new entry that describes the
Lower Mississippi River Vessel Traffic Service area. The VTS area
extends from 20 miles north of Baton Rouge to the outer limit of the
territorial sea, seaward of Southwest Pass. Within this VTS, there will
be two VTS Special Areas.
The Algiers Point VTS Special Area will consist of those waters of
the LMR between 93.5 and 95.0 miles Above Head of Passes (AHP). Special
operating requirements are proposed to mirror the existing Control
Light operations and would be in effect during periods of high water.
The Eighty-one Mile Point VTS Special Area will consist of those
waters of the LMR between 167.5 and 187.9 miles AHP. Special operating
requirements are proposed to mirror the existing operating requirements
and would be in effect at all times.
E. Section 165.810 Mississippi River, LA--Regulated Navigation Area
The Coast Guard proposes to remove and reserve paragraph (c), the
existing Mississippi River, LA-RNA provisions on Control Lights. The
core of these provisions would be added to the special operating
requirements of the Algiers Point VTS Special Area in Sec. 161.65(c).
Additionally, we propose to remove and reserve paragraph (g), the
existing Mississippi River, LA-RNA provisions around Eighty-one Mile
Point. The core of these requirements would be added to the special
operating requirements of the Eighty-one Mile Point VTS Special Area in
Sec. 161.65(e).
Finally, we propose adding a note at the end of this section
alerting the reader that we would move the information previously
located in paragraphs (c) and (g) of this section to Sec. 161.65.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This proposed 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.
This proposed rule would establish a VTS on the Lower Mississippi
River and transfer certain VTM provisions of the Mississippi River,
Louisiana--Regulated Navigation Area to the VTS. The proposed rule
would implement current practices and procedures appropriate to an AIS-
based VTS.
Based on data from the Coast Guard Marine Information for Safety
and Law Enforcement (MISLE) database, we estimate the proposed rule
would affect 1,796 U.S.-flagged vessels with hailing ports from mile
242.4 Above Head of Passes (AHP) (near Baton Rouge) to the territorial
sea boundary and an estimated 2,294 foreign-flagged vessels.
The requirements for compliance with this proposed rule include:
Certain classes of commercial vessels would be required to
carry functioning AIS equipment and to employ the AIS equipment while
operating within the VTS.
Commercial vessels not required to carry AIS equipment
would be required to follow established reporting procedures via
radiotelephone when operating within the VTS area.
[[Page 58228]]
Coast Guard would maintain an operational Vessel Traffic
Center (VTC) to monitor and direct traffic within the VTS.
While this proposed rule would establish a mandatory participation
Vessel Traffic Service (VTS), its principal effect will be to codify
current practices. The requirements of this proposed rule have been
implemented through prior regulations and we expect that there would
not be additional costs to either industry or government resulting from
this proposed rule.
In 2003, the USCG published a final rule that harmonized the AIS
carriage and standardization requirements contained in the Maritime
Transportation Security Act of 2002 (MTSA) with the requirements of the
International Convention for the Safety of Life at Sea (SOLAS) that
established AIS carriage requirements for commercial vessels (33 CFR
part 164). Because of this prior regulation, all U.S.-flagged
commercial vessels required to carry AIS equipment for operation in the
VTS under this proposed rule have been in compliance since 2004.
Similarly, foreign-flagged vessels have been required to carry AIS
equipment under the SOLAS Convention since 2004. A list of the
categories of commercial vessels and the dates of compliance for AIS
carriage are shown in Table 1.
Table 1--Commercial Vessels: AIS Carriage Requirements
------------------------------------------------------------------------
AIS currently
Class of vessel required Compliance date
------------------------------------------------------------------------
Self propelled vessels 65 Yes............ December 31, 2004.
feet or more in length in
commercial service and on
an international voyage
(excludes passenger and
fishing vessels).
Passenger Vessels of 150 Yes............ July 1, 2003.
gross tons or more on an
international voyage.
Tankers on international Yes............ July 1, 2003.
voyages, regardless of
tonnage.
Vessels of 50,000 gross tons Yes............ July 1, 2004.
or more, other than tankers
or passenger ships, on
international voyages.
Vessels of 300 gross tons or Yes............ December 31, 2004.
more but less than 50,000
gross tons, other than
tankers or passenger ships.
Self propelled vessels of 65 Yes, when December 31, 2004.
feet or more in length in operating in a
commercial service VTS or VMRS.
(excludes fishing vessels
and passenger vessels
certificated to carry less
than 151 passengers for
hire).
Towing Vessels 26 feet or Yes, when December 31, 2004.
more in length and more operating in a
than 600 horsepower in VTS or VMRS.
commercial service.
Passenger Vessels Yes, when December 31, 2004.
certificated to carry more operating in a
than 150 passengers for VTS or VMRS.
hire.
Fishing Vessels............. No.............
------------------------------------------------------------------------
Commercial vessels that are not required to carry AIS equipment
must maintain radiotelephone communication with the VTC while
traversing the VTS. These requirements have been in place since July of
1982, when the Coast Guard established specific radiotelephone
frequencies and reporting procedures for vessels operating in the
Mississippi River, LA-Regulated Navigation Area.
The Coast Guard has operated a VTC from a shoreside facility in
downtown New Orleans since late 1999. This VTC provides the core
communications and monitoring functions for the VTS.
The procedures and practices proposed in this proposed rule are the
same as those currently in use at the Algiers Point/Crescent area of
the VTS. Currently, commercial vessel movements in the VTS traverse the
Algiers Point/Crescent area and current compliance with the rules of
this area fulfills the requirements of the larger VTS.
As with the costs of the proposed rule, the benefits were also
realized through vessel compliance with the prior regulations that
established AIS and radiotelephone carriage requirements and the VTC
operations center. The principal benefit of changing VTS participation
from voluntary to mandatory is to codify current practices which
increase the efficiency of vessel operations on the Lower Mississippi
River by consolidating and standardizing vessel operating procedures.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
As previously discussed, the requirements for vessel operation in
the Algiers Point and Eighty-one Mile Point special areas were
implemented in prior regulations, and most vessels which will be
required to participate in the VTS are currently equipped to follow
regulations already established in those two areas. As a result, we
expect that this rule would not impose additional costs on any of the
vessels operating in the VTS LMR.
Therefore, 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. 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 the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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 consult with the Coast
Guard personnel listed in the FOR FURTHER INFORMATION CONTACT section
of the rule. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 58229]]
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
D. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments, and would either preempt State law or impose a substantial
direct cost of compliance on them.
We have analyzed this proposed rule under that Order and have
determined that it has implications for federalism. A summary of the
impact of federalism in this rule follows.
Title I of the Ports and Waterways Safety Act (PWSA) (33 U.S.C.
1221 et. seq.) authorizes the Secretary to issue regulations to
establish and maintain vessel traffic services consisting of measures
for controlling or supervising vessel traffic to protect the marine
environment. In enacting PWSA in 1972, Congress learned that advance
planning and consultation with the affected States and other
stakeholders was necessary to develop and implement a VTS. The Coast
Guard, throughout the development of the VTS on the Lower Mississippi
River, has consulted with the State of Louisiana, the affected state
and Federal pilot's associations, vessel operators, users, and all
affected stakeholders.
The Coast Guard has determined, after considering the factors
developed by the Supreme Court in the consolidated cases of United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(March 6, 2000), that by enacting Chapter 25 of the Ports and Waterways
Safety Act, Congress intended to preempt the field of vessel traffic
services in United States ports and waterways. Therefore, the
regulations proposed in this rulemaking for operation and equipment
required on vessels have preemptive impact over any State laws or
regulations that may be enacted on the same subject matter.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, as these categories are within a field foreclosed
from regulation by the States (see U.S. v. Locke, above), the Coast
Guard recognizes the key role state and local governments may have in
making regulatory determinations. The State of Louisiana and the Coast
Guard have worked closely throughout the development of these
regulations. Additionally, Sections 4 and 6 of Executive Order 13132
require that for any rules with preemptive effect, the Coast Guard
shall provide elected officials of affected state and local governments
and their representative national organizations the notice and
opportunity for appropriate participation in any rulemaking
proceedings, and to consult with such officials early in the rulemaking
process. Therefore, we invite affected state and local governments and
their representative national organizations to indicate their desire
for participation and consultation in this rulemaking process by
submitting comments to this notice. In accordance with Executive Order
13132, the Coast Guard will provide a federalism impact statement to
document (1) the extent of the Coast Guard's consultation with State
and local officials that submit comments to this proposed rule, (2) a
summary of the nature of any concerns raised by state or local
governments and the Coast Guard's position thereon, and (3) a statement
of the extent to which the concerns of State and local officials have
been met. We will also report to the Office of Management and Budget
any written communications with the states.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 58230]]
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. This rule involves regulations
changing Regulated Navigation Areas and regulations in aid of
navigation. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects
33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
33 CFR Part 165
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 161 and 165 as follows:
PART 161--VESSEL TRAFFIC MANAGEMENT
1. The authority citation for part 161 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 161.2 [Amended]
2. In Sec. 161.2, revise paragraph (3) of the definition of
Hazardous Vessel Operating Condition to read as follows:
Sec. 161.2 Definitions.
* * * * *
Hazardous Vessel Operating Condition
* * * * *
(3) Vessel characteristics that affect or restrict maneuverability,
such as cargo or tow arrangement, trim, loaded condition, underkeel or
overhead clearance, speed capabilities, power availability, or similar
characteristics, which may affect the positive control or safe handling
of the vessel or the tow.
* * * * *
3. Add a new Sec. 161.6 to read as follows:
Sec. 161.6 Preemption.
The regulations in part 161 of this subchapter as to vessels have
preemptive impact over State law on the same subject. The Coast Guard
has determined after considering the factors developed by the Supreme
Court in U.S. v Locke, 529 U.S. 89 (2000), that by enacting Chapter 25
of the Ports and Waterways Safety Act (33 U.S.C. 1221 et. seq.),
Congress intended to preempt the field of vessel traffic services in
United States ports and waterways.
Sec. 161.12 [Amended]
4. In Sec. 161.12, in Table 161.12(c)--
a. In footnote 6, remove the words ``VTS Lower Mississippi River
and''; and
b. Amend Table 161.12(c) by revising the entries for New Orleans
Traffic, to read as follows:
Sec. 161.12 Vessel operating requirements.
* * * * *
Table 161.12(c)--VTS and VMRS centers, Call Signs/MMSI, Designated
Frequencies, and Monitoring Areas
------------------------------------------------------------------------
Designated
frequency
Center MMSI \1\ Call Sign (Channel Monitoring Area \3,4\
designation)-
purpose \2\
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Lower Mississippi River--0036699952
------------------------------------------------------------------------
New Orleans Traffic........... 156.550 MHz (Ch. The navigable waters
11). of the Lower
Mississippi River
below 29[deg]55.3' N
089[deg]55.6' W
(Saxonholm Light at
86.0 miles Above
Head of Passes
(AHP)), extending
down river to
Southwest Pass, and,
within a 12 nautical
mile radius around
28[deg]54.3' N
089[deg]25.7' N
(Southwest Pass
Entrance Light at
19.9 miles Below
Head of Passes.
New Orleans Traffic........... 156.600 MHz (Ch. The navigable waters
12). of the Lower
Mississippi River
bounded on the north
by a line drawn
perpendicular on the
river at 29[deg]55'
30'' N and
090[deg]12'46'' W
(Upper Twelve Mile
Point at 109.0 miles
AHP) and on the
south by a line
drawn
perpendicularly at
29[deg]55.3' N
089[deg]55.6' W
(Saxonholm Light at
86.0 miles AHP).
New Orleans Traffic........... 156.250 MHz...... The navigable waters
(Ch. 05A)........ of the Lower
Mississippi River
below 30[deg]38.7' N
091[deg]17.5' W
(Port Hudson Light
at 255.0 miles AHP)
bounded on the south
by a line drawn
perpendicular on the
river at
29[deg]55'30'' N and
090[deg]12'46'' W
(Upper Twelve Mile
Point at 109.0 miles
AHP).
* * * * * * *
------------------------------------------------------------------------
Notes to Table161.12(c):
\1\Maritime Mobile Service Identifier (MMSI) is a unique nine-digit
number assigned that identifies ship stations, ship earth stations,
coast stations, coast earth stations, and group calls for use by a
digital selective calling (DSC) radio, an INMARSAT ship earth station
or AIS. AIS requirements are set forth in Sec. Sec. 161.21 and
164.46 of this subchapter. The requirements set forth in Sec. Sec.
161.21 and 164.46 of this subchapter apply in those areas denoted with
a MMSI number.
\2\In the event of a communication failure, difficulties or other safety
factors, the Center may direct or permit a user to monitor and report
on any other designated monitoring frequency or the bridge-to-bridge
navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz
(Channel 67), to the extent that doing so provides a level of safety
beyond that provided by other means. The bridge-to-bridge navigational
frequency, 156.650 MHZ (Ch. 13) is used in certain monitoring areas
where the level of reporting does not warrant a designated frequency.
\3\All geographic coordinates (latitude and longitude) are expressed in
North American Datum of 1983 (NAD 83).
\4\Some monitoring areas extend beyond navigable waters. Although not
required, users are strongly encouraged to maintain a listening watch
on the designated monitoring frequency in these areas. Otherwise, they
are required to maintain watch as stated in 47 CFR 80.148.
[[Page 58231]]
* * * * *
5. Add a new Sec. 161.65 to read as follows:
Sec. 161.65 Vessel Traffic Service Lower Mississippi River.
(a) The Vessel Traffic Service (VTS) area consists of navigable
waters of the Lower Mississippi River (LMR) below 30[deg]38.7' N,
91[deg]17.5' W (Port Hudson Light at 255.0 miles Above Head of Passes
(AHP)), the Southwest Pass, and those within a 12 nautical mile radius
around 28[deg]54.3' N, 89[deg]25.7' W (Southwest Pass Entrance Light at
19.9 miles Below Head of Passes (BHP)).
(b) The Algiers Point VTS Special Area consists of the navigable
waters of the LMR bounded on the north by a line drawn from
29[deg]57.62' N, 90[deg]02.61' W to 29[deg]57.34' N, 90[deg]02.60' W
and on the south by a line drawn from 29[deg]56.89' N, 90[deg]03.72' W
to 29[deg]56.93' N, 90[deg]03.34' W (95.0 and 93.5 miles AHP) during
periods of high water--that is, when the Carrolton Gage reads 8.0 feet
or above on a rising stage or 9.0 feet or above on a falling stage, or
under any other water conditions the Captain of the Port (COTP) deems
necessary.
(c) Additional Algiers Point VTS Special Area Operating
Requirements. The following additional requirements are applicable in
the Algiers Point VTS Special Area:
(1) A vessel movement reporting system (VMRS) user must abide by
the signals of the Governor Nicholls Street Wharf, 29[deg]57.6' N,
90[deg]03.4' W, and Gretna, 29[deg]55.5' N, 90[deg]03.7' W, Control
Lights (94.3 and 96.6 miles AHP, respectively) in the following manner:
(i) Green Light--May proceed as intended.
(ii) Red Light--Do not proceed, unless otherwise directed by the
VTS.
(iii) No Light--Do not proceed, immediately notify VTS and await
further directions.
Note to Sec. 161.65(c)(1): To provide advance notification to
downbound vessels, a traffic repeater signal of Gretna Light is
located at Westwego, LA, 29[deg]54.8' N 90[deg]08.3' W (101.4 miles
AHP).
(2) A vessel awaiting a signal change or VTS directions must keep
clear of other vessels transiting the area.
(d) The Eighty-one Mile Point VTS Special Area consists of
navigable waters of the LMR between 167.5 miles AHP and 187.9 miles
AHP.
(e) Additional Eighty-one Mile Point VTS Special Area Operating
Requirements. The following additional requirements are applicable in
the Eighty-one Mile Point VTS Special Area:
(1) Prior to proceeding upriver past 167.5 miles AHP, Sunshine
Bridge, vessels must contact VTS New Orleans on VHF Channel 5A to
check-in. Vessels must provide name and destination, confirm proper
operation of their automated identification system (AIS) if required
under 33 CFR 164.46, and, if applicable, size of tow and number of
loaded and empty barges. At 173.7 miles AHP, Bringier Point Light,
ascending vessels must contact VTS New Orleans and provide a follow-on
position check. At both check-in and follow-on position check, VTS New
Orleans will advise the vessel on traffic approaching Eighty-one Mile
Point.
(2) Prior to proceeding downriver past 187.9 miles AHP COS-MAR
Lights, vessels must contact VTS New Orleans on VHF Channel 5A to
check-in. Vessels must provide name and destination, confirm proper
operation of their 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 183.9 miles AHP, Wyandotte Chemical Dock
Lights, descending vessels must contact VTS New Orleans and provide a
follow-on position check. At both check-in and follow-on position
check, VTS New Orleans will advise the vessel on traffic approaching
Eighty-one Mile Point.
(3) All vessels getting underway between miles 167.5 and 187.9 AHP
must check-in with VTS New Orleans on VHF Channel 5A immediately prior
to getting underway and must comply with the respective ascending and
descending check-in and follow-on points listed in paragraphs (e)(1)
and (2) of this section.
(4) Fleet vessels must check-in with VTS 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.
(f) Reporting Points. Table 161.65(f) lists the VTS Lower
Mississippi River Reporting Points.
Table 161.65(f)--VTS Lower Mississippi River Reporting Points
----------------------------------------------------------------------------------------------------------------
Geographic
Designator Geographic name description Latitude/longitude/mile marker Notes
----------------------------------------------------------------------------------------------------------------
A............... Algiers Canal 88.0[deg] AHP.... 29[deg]56.6' N; 90[deg]10.1' W Upbound transiting
Forebay. Algiers Point Special
Area.
B............... Industrial Canal. 92.7[deg] AHP.... 29[deg]57.2' N; 90[deg]01.68' W Upbound transiting
Algiers Point Special
Area.
C............... Crescent Towing 93.5[deg] AHP.... 29[deg]57.50' N; 90[deg]02.62' W Upbound Towing vessels
Smith Fleet. transiting Algiers
Point Special Area.
D............... Marlex Terminal 99.0[deg] AHP.... 29[deg]54.65' N; 90[deg]05.87' W Downbound transiting
(Naval Ships). Algiers Point Special
Area.
E............... Huey P. Long 106.1[deg] AHP... 29[deg]55.40' N; 89[deg]57.7' W Downbound transiting
Bridge. Algiers Point Special
Area.
----------------------------------------------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
6. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.810 [Amended]
7. In Sec. 165.810--
a. Remove and reserve paragraph (c);
b. Remove and reserve paragraph (g); and
c. Add a note at the end of the section to read as follows:
Sec. 165.810 Mississippi River, LA-regulated navigation area.
* * * * *
Note to Sec. 165.810: Control Light provisions (previously
referenced in paragraph (c) of this section) used to manage vessel
traffic during periods of high waters in the vicinity of Algiers
Point are located in 33 CFR 161.65(c). The special operating
requirements (previously referenced in paragraph (g) of this
section) used to manage vessel traffic in the vicinity of Eighty-one
Mile Point are located in 33 CFR 161.65(e).
Dated: October 27, 2009.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Stewardship.
[FR Doc. E9-26572 Filed 11-10-09; 8:45 am]
BILLING CODE 4910-15-P