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/ October
/ Friday, October 03, 2003
[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]
[Page 57358-57366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-03-029]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) within all inland rivers of the Eighth Coast Guard District. This
RNA applies to towing vessel operators and fleeting area managers who
are responsible for the movement of barges carrying certain dangerous
cargoes on inland rivers and requires them to report their position and
other information to the Inland River Vessel Movement Center (IRVMC).
This action is necessary to ensure public safety, prevent sabotage or
terrorist acts, and facilitate the efforts of emergency services and
law enforcement officers responding to terrorist attacks.
DATES: This rule is effective on November 1, 2003. Comments and related
material must reach the Coast Guard on or before January 2, 2004.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans, LA 70130. Commander, Eighth Coast Guard District
(m) maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, are part of docket
[CGD08-03-029] and are available for inspection or copying at
Commander, Eighth Coast Guard District (m), Hale Boggs Federal Bldg.,
501 Magazine Street, New Orleans, LA 70130 between 8 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays. You must also
mail comments on collection of information to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: Commander (CDR) Jerry Torok or
Lieutenant (LT) Kevin Lynn, Project Managers for the Eighth Coast Guard
District Commander, Hale Boggs Federal Bldg., 501 Magazine Street, New
Orleans, LA 70130, telephone (504) 589-6271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 2, 2003, the Coast Guard published a temporary final rule
and request for comments entitled ``Regulated Navigation Area;
Reporting Requirements for Barges Loaded With Certain Dangerous
Cargoes, Inland Rivers, Eighth Coast Guard District'' in the Federal
Register (68 FR 23393). As of July 9, 2003, we received six written
comments on that temporary final rule.
On July 30, 2003, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Regulated Navigation Area; Reporting
Requirements for Barges Loaded With Certain Dangerous Cargoes, Inland
Rivers, Eighth Coast Guard District'' in the Federal Register (68 FR
44696). When drafting the proposed rule in the NPRM, we considered all
written comments submitted to the docket in response to the temporary
final rule published on May 2, 2003 (68 FR 23393). The Coast Guard's
responses to the comments are explained under the ``Discussion of
Comments and Changes'' section of the NPRM (68 FR 44698).
As of September 15, 2003, we have received one written comment on
the NPRM. No public meeting was requested so one was not held.
As indicated in our ``Discussion of Comments and Changes'' section
below, we have considered this comment in this interim final rule and,
where appropriate, we have made the rule less burdensome than the
temporary final rule currently in effect. In issuing this interim final
rule, we have allowed for a comment period before we impose any final
rule.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-03-
029], 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 before issuing any final rule.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District (m) at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
Terrorist attacks on September 11, 2001, inflicted catastrophic
human casualties and property damage. These attacks highlighted the
terrorists' abilities to utilize multiple means in different geographic
areas thereby increasing their opportunities to maximize destruction.
[[Page 57359]]
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). The President found that the security of the U.S. is endangered
by the September 11, 2001 attacks and terrorist attacks continue to
endanger the international relations of the United States. See also
Continuation of the National Emergency with Respect to Certain
Terrorist Attacks, (68 FR 53665, September 10, 2003); Continuation of
the National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism, (68 FR 55189, September 18, 2003). The
references to these Presidential Documents as they appear in this
interim final rule have updated those referenced in the NPRM (68 FR
44697). The U.S. Maritime Administration (MARAD) in Advisory 02-07
advised U.S. shipping interests to maintain a heightened state of alert
against possible terrorist attacks. MARAD also issued Advisory 03-03
informing operators of maritime interests of increased threat
possibilities to vessels and facilities and a higher risk of terrorist
attacks to the transportation community in the United States. The
ongoing hostilities in Afghanistan and Iraq have made it prudent for
U.S. ports and waterways to be on a higher state of alert due to the Al
Qaeda organization and other similar organizations who have declared
their intentions to conduct armed attacks on U.S. interests worldwide.
Therefore, on April 16, 2003, the Coast Guard established a
temporary RNA within the inland rivers of the Eighth Coast Guard
District in order to safeguard vessels, ports and waterfront facilities
from sabotage or terrorist acts. The temporary RNA remains in effect
and applies to barges loaded with certain dangerous cargoes (CDCs)
operating on the Mississippi River above mile 235.0, Above Head of
Passes, including all its tributaries; the Atchafalaya River above mile
55.0 including the Red River; the Ohio River and all its tributaries;
and the Tennessee River from its confluence with the Ohio River to mile
zero on the Mobile River and all other tributaries between these two
rivers. The RNA affects vessels transporting barges loaded with CDCs
that if used as weapons of terrorism could result in substantial loss
of life, property, environmental damage, and grave economic
consequences. The temporary final rule requires operators of barges
loading or loaded with CDCs within the RNA to periodically report their
position and other specified information to the IRVMC for protection
against sabotage and terrorist acts. The temporary final rule published
May 2, 2003, (68 FR 23393) expires on October 31, 2003.
The Coast Guard has determined that there is a need to continue the
reporting requirements for barges loaded with CDCs operating on inland
rivers and therefore we are issuing an interim rule while we continue
to consider alternatives to increase maritime domain awareness on the
inland rivers in the Eighth Coast Guard District. This rule allows the
Coast Guard to enhance maritime security, protect ports and facilities
and high-density population centers (metropolitan areas), control
vessel traffic, develop contingency plans, and enforce regulations.
Discussion of Comments and Changes
The Coast Guard appreciates the excellent and professional
involvement by the maritime community in the public rulemaking process,
which has greatly helped the formulation of this rule to achieve the
essential purposes while minimizing its impact.
As of September 15, 2003, we received one written comment on the
NPRM. The comment focused generally on 4 concerns: (a) Reporting the
planned route, (b) notifying the IRVMC 4 hours prior to originating a
voyage within the RNA with one or more CDC barges, (c) notifying the
IRVMC upon moving one or more CDC barges from one fleeting area to
another fleeting area or facility, and (d) reporting information as
directed by the Coast Guard. Each section of this comment is discussed
in more detail in the following six paragraphs.
Planned Route. The one comment we received stated that the
requirement for submission of a planned route will increase the burden
upon the mariner while providing no improvement on the information
already required since point-to-point movements rarely allow for more
than one route. We agree and have removed the requirement to report the
planned route because the IRVMC will be receiving periodic updates on a
CDC barge(s)'s location as the towing vessel operator checks in at
designated reporting points along the planned route. The requirement to
submit a report with the name and location of the destination for each
CDC barge and the estimated time of arrival remains unchanged.
Four hour advance notification. The one comment we received stated
a concern regarding the requirement to report information 4 hours
before originating a voyage within the RNA with one or more CDC barges.
The comment indicates that fleeting area managers do not always have 4
hours advance notice of movement between receipt of an order and
origination of the voyage. The comment suggested the requirement be
amended to allow fleeting area managers to notify the IRVMC as soon as
possible after the fleeting area manager receives a request to make up
a tow or to deliver a CDC barge at a terminal. While we agree that in
certain cases a fleeting area manager will not have sufficient time to
make a 4-hour advance notification of movement to the IRVMC, this
regulation does not require fleeting area managers to provide such
notification. This regulation requires towing vessel operators to
notify the IRVMC 4 hours before originating a voyage within the RNA
with one or more CDC barges. However, we believe the conceptual basis
of the comment applies to this requirement. For example, an operator of
a towing vessel without any CDC barges operating in the RNA may receive
an order to pick up a CDC barge. If the towing vessel is in close
proximity to where the CDC barge is located, the evolution of making up
the new tow with the CDC barge and originating the voyage may take less
than 4 hours. According to the existing requirement in the NPRM, the
towing vessel operator would then qualify as originating a voyage
within the RNA with one or more CDC barges and as such would be
required to provide the IRVMC with a notice 4 hours before originating
the voyage. The Coast Guard understands that delaying the voyage to
comply with the 4-hour advance notification requirement could
negatively affect commercial operations. To alleviate this potential
problem, we are adding an exception to the existing requirement. This
exception will permit the towing vessel operator to make the required
report to the IRVMC as soon as possible before originating a voyage in
the RNA with one or more CDC barges. This exception is valid only if
the following conditions exist:
(a) The evolution of making up a tow with a CDC barge will take
less than four hours before originating a voyage; and
[[Page 57360]]
(b) the towing vessel operator did not receive the order to make up
a tow with a CDC barge in advance of four hours before originating the
voyage with one or more CDC barges.
If the previous two conditions exist, the towing vessel operator
must submit the required report to the IRVMC as soon as possible after
receiving orders to make up a tow with one or more CDC barges.
Movement of barges from fleeting area to fleeting area or facility.
The one comment we received stated that companies routinely move barges
from one fleeting area to another fleeting area or facility and that
reporting each of these movements would impose an excessive burden. It
further states that one company may operate multiple fleeting areas
within a limited geographic area. The comment recommends that the Coast
Guard define fleeting areas within a certain geographic area as a
``single fleet'' and allow movement within that ``single fleet'' to
occur without reporting each movement to the IRVMC. The purpose of
knowing the specific location of a CDC barge is to allow for a more
efficient response to an incident or threatened incident. It is the
intention of this regulation to give the Coast Guard the necessary
information to be able to track and have knowledge of the location of
each CDC barge at all times. Under the existing requirements, we are
only asking the fleeting area manager to provide limited information
regarding the movement of a CDC barge from one fleeting area to another
fleeting area or facility. We are not changing this requirement,
however, we do feel that definitions are needed for ``fleeting area'',
``fleet tow boat'', and ``towing vessel''. For the purposes of this
requirement, the term ``fleeting area'' will be defined to mean any
fleet, including any facility, located within the area covered by one
single port. The term ``fleet tow boat'' will be defined to mean any
size vessel that is used to move, transport, or deliver a CDC barge
within a fleeting area. The term ``towing vessel'' will be defined to
mean any size vessel that is used to move, transport, or deliver a CDC
barge to a fleet or facility that is located in a different port than
where the voyage originated.
The following example is provided to illustrate the intention of
these definitions: A fleeting area manager is required to provide
notification to the IRVMC of the movement of a CDC barge from fleet
``A'' located in port ``A'', to fleet ``B'' located in port ``A'' when
such movement is conducted by a fleet tow boat. If the movement of a
CDC barge were to occur from fleet ``A'' located in port ``A'', to
fleet ``Z'' located in port ``Z'', such movement is considered to have
been done by a towing vessel and the notifications requirements would
reside with the towing vessel operator when the CDC barge was picked up
at fleet ``A'' and dropped off at fleet ``Z''.
When directed by the IRVMC. The one comment we received indicated
that there was a lack of coordination within the Coast Guard that led
to mariners having to submit duplicate reports of required information.
There is a concern that a towing vessel operator may receive multiple
calls from various government agencies requesting similar information.
These multiple calls could create an unnecessary distraction for the
towing vessel operator. The comment requested the Coast Guard clarify
the information reporting requirement to read ``As directed by the
IRVMC.'' The published NPRM currently reads ``When directed by the
IRVMC'' and as such will not be changed. However, we feel it is
necessary to explain the different types of calls a towing vessel
operator can expect while transporting one or more CDC barges in the
RNA. The first type of call would be from the IRVMC for the following
reasons: (1) Obtaining missing or illegible information, (2)
investigating missed or inaccurate reports, (3) collecting information
for the purposes of responding to an incident or threatened incident,
(4) responding to an increase in the maritime security level, or (5)
advising the mariner on new or unexpected changes in procedures. This
list of reasons is not all inclusive. The second type of call would be
from the United States Army Corps of Engineers (USACE) requesting
information from the mariner as the towing vessel approaches a USACE
controlled lock and dam. As many of the reporting points required by
this regulation are located at USACE controlled locks and dams, the
Coast Guard understands that some information provided by the towing
vessel operator will have to be supplied twice--once to the USACE and
once to the IRVMC. The Coast Guard and USACE are currently working to
address the issue of duplicative reporting and are researching methods
to use existing technology to serve as a single point of collection.
The third type of call would be from a Coast Guard Captain of the Port
office for issues pertaining to the coordination of vessel escorts or
boardings or other marine safety issues. Calls for these purposes are
unrelated to the information collection requirements outlined by this
regulation and are necessary for the Coast Guard Captain of the Port to
meet Coast Guard mission requirements. The final type of call would be
from a Coast Guard vessel or boarding team located in close proximity
to the towing vessel for the purposes of conducting law enforcement
operations or vessel escorts. These types of calls are also unrelated
to the information collection requirements outlined by this regulation
and are necessary to meet Coast Guard mission requirements.
Response to Comments Summary
In response to the received comment the Coast Guard is (1) removing
the requirement to report the planned route of one or more CDC barges,
(2) establishing an exception to the 4-hour advance notification for
originating a voyage in the RNA with one or more CDC barges, (3)
defining the terms ``fleeting area'', ``fleet tow boat'', and ``towing
vessel'' to clarify fleeting area manager reporting requirements, and
(4) explaining the different types of calls a towing vessel operator
can expect while transporting one or more CDC barges in the RNA.
Portions of this regulation have been revised to reflect the usage
of these new definitions. The addition of the new definitions does not
create any substantial changes. The portions of the regulatory text
that are affected by these new definitions include the
``Applicability'', ``Definitions'', and ``Regulations'' sections.
Company Representative or Dispatcher Making Required Reports. The
NPRM indicated that a company representative or dispatcher would be
allowed to report the required information to the IRVMC on behalf of
the towing vessel operator or fleeting area manager. With the addition
of the definitions for ``fleet tow boat'' and ``towing vessel'', we
realized that allowing a company representative or dispatcher to make
reports on behalf of a towing vessel operator is contrary to the
intentions of this regulation. The intention of this regulation is to
provide the Coast Guard with positive reports generated by towing
vessel operators and fleeting area managers who have direct control
over CDC barges. Because fleets and facilities typically have multiple
persons who have direct control over CDC barges, we are allowing a
fleeting area manager, company representative, or dispatcher to make
the required reports. In contrast, a towing vessel operator is the only
person who will have direct control over CDC barges in their tow. As it
relates to this regulations, we have clarified the definition of
``towing vessel operator'' to mean the Captain or pilot who is on watch
on board a towing
[[Page 57361]]
vessel. The portions of the regulatory text that are affected by this
clarification include the ``Definitions'' and ``Regulations'' sections.
Discussion of Rule
The Coast Guard is establishing a regulated navigation area for the
Mississippi River above mile 235.0, Above Head of Passes, including all
its tributaries; the Atchafalaya River above mile 55.0, including the
Red River; the Ohio River and all its tributaries; and the Tennessee
River from its confluence with the Ohio River to mile zero on the
Mobile River and all other tributaries between these two rivers. This
rule applies to: (1) Towing vessel operators responsible for one or
more CDC barges within the regulated area, and (2) fleeting area
managers responsible for CDC barges in a fleeting area. The terms
``barge'', ``certain dangerous cargo or (CDC)'', ``CDC barge'',
``downbound'', ``Eighth Coast Guard District'', ``fleet tow boat'',
``fleeting area'', ``towing vessel'', ``towing vessel operator'', and
``upbound'' are defined in the regulatory section of this rule.
Towing vessel operators responsible for one or more CDC barges are
required to report specific information to the IRVMC under the
following conditions: (1) Upon point of entry into the RNA with one or
more CDC barges; (2) 4 hours prior to originating a voyage within the
RNA with one or more CDC barges, except if (a) the evolution of making
up a tow with a CDC barge will take less than 4 hours before
originating a voyage, and (b) the towing vessel operator did not
receive the order to make up a tow with a CDC barge in advance of 4
hours before originating the voyage with one or more CDC barges, in
which case the towing vessel operator must submit the required report
to the IRVMC as soon as possible after receiving orders to make up a
tow with one or more CDC barges (3) upon dropping off one or more CDC
barges at a fleeting area or facility; (4) upon picking up one or more
additional CDC barges from a fleeting area or facility; (5) at
designated reporting points in table 165.830(e); (6) when the estimated
time of arrival (ETA) to a reporting point varies by 6 hours from the
previously reported ETA; (7) any significant deviation from previously
reported information; (8) upon departing the RNA with one or more CDC
barges; and (9) when directed by the IRVMC.
Fleeting area managers are required to report specific information
to the IRVMC under the following conditions: (1) Once daily, report all
CDC barges within the fleeting area; (2) upon moving a CDC barge within
a fleeting area by a fleet tow boat; (3) any significant deviation from
previously reported information; and (4) when directed by the IRVMC.
A company representative or dispatcher may report the required
information to the IRVMC on behalf of the fleeting area manager.
Each report made to the IRVMC by a towing vessel operator or
fleeting area manager must contain all the information items specified
in tables 165.830(f) and 165.830(g), respectively.
Reports must be made to the IRVMC by telephone to (866) 442-6089, by fax to (866) 442-6107, or by e-mail to irvmc@cgstl.uscg.mil. A
reporting form and e-mail link is available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm
.
The Coast Guard will consider and approve alternative reporting
methods to meet any reporting requirements if: (1) The request for the
alternative is submitted in writing to Commander, Eighth Coast Guard
District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New
Orleans, LA 70130; and (2) the alternative provides an equivalent level
of reporting to that which would be achieved by the Coast Guard with
the required check-in points.
The Coast Guard encourages the submission of requests for
alternative reporting methods. It is the Coast Guard's hope that
companies will embrace current modern technology or future technology
as it becomes available to automatically report the locations of the
towing vessels and the CDC barges they are responsible for directly to
the Coast Guard in real or as close to real time as possible. We
believe that the development of such systems will significantly reduce
the burden imposed upon the towing vessel operator and fleeting area
manager who must submit the reports, as well as those Coast Guard
personnel who must process those reports.
Deviation from this rule is prohibited unless specifically
authorized by the Commander, Eighth Coast Guard District or the IRVMC.
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 (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. We present this Regulatory Evaluation for the
purposes of information.
Evaluation. The regulatory baseline for this rule is the existing
temporary rule. The cost for complying with the rule will differ
depending on the means used to make a report to the IRVMC and the type
of report, either an initial report or an update. The cost of the rule
presented below is based on the average number of reports received by
the IRVMC in April 2003 and May 2003.
Estimated Annual Cost and Benefit of the Rule (2003 Dollars)
------------------------------------------------------------------------
Cost per Cost per
Item initial update Total
call call
------------------------------------------------------------------------
Personnel.............................. $9462 $17,871 $27,333
Operating expenses..................... 28,386 53,613 81,999
------------
Total.............................. 37,848 71,484 109,332
------------------------------------------------------------------------
This cost estimate assumes: (1) The average merchant mariner's
hourly rate is $30, (2) the average initial call is 6 minutes, (3) the
average update call is 2 minutes, (4) the average cost per cell phone
call is $1.50 per minute, and (5) 15 percent of all responses are
initial reports to the IRVMC. Therefore, based on 177 respondents, the
average cost is $618 per CDC barge per year. The reporting requirements
are necessary to provide immediate, improved security for the public,
vessels, and U.S. ports and waterways. The requirements do not alter
normal barge transits. The
[[Page 57362]]
minimal hardships that may be experienced by persons or vessels, as a
result of this rule, are necessary to the national interest in
protecting the public, vessels, and vessel crews from the devastating
consequences of acts of terrorism, and from sabotage or other
subversive acts, accidents, or other causes of a similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: Towing vessel operators and fleeting area
managers responsible for CDCs barges on inland waterways within the
Eighth Coast Guard District. This RNA will not have a significant
economic impact on a substantial number of small entities because this
rule does not require any alteration of barge operations or transits.
The operational communications required by this RNA do not require
towing vessel operators or fleeting area managers to obtain new
equipment and can be made toll free to the IRVMC.
If you are a small business entity and are significantly affected
by the regulation, please contact CDR Jerry Torok or LT Kevin Lynn,
Project Managers for the Eighth Coast Guard District Commander, Hale
Boggs Federal Bldg, 501 Magazine Street, New Orleans, LA 70130,
telephone (504) 589-6271.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this 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 a 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.
This rule revises an existing OMB-approved collection of
information (1625-0105). The new collection of information estimate is
based on data gathered as a result of the information collected under
the temporary rule and is based on actual reports received by the
IRVMC, as well as actual observation and tracking, for April 2003 and
May 2003.
Title: Regulated Navigation Areas; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District and the Illinois Waterway, Ninth Coast Guard
District.
OMB Control Number: 1625-0105.
Summary of the Collection of Information: The Coast Guard requires
position and intended movement reporting, and fleeting operations
reporting, from barges carrying CDCs in the inland rivers within the
Eighth and Ninth Coast Guard Districts. This rule amends 33 CFR part
165 to require:
Towing vessel operators and fleeting area managers responsible for
CDC barges must report the following information via toll free
telephone, toll free fax, or e-mail:
a. Name of barge and towing vessel;
b. Name of fleeting area and facility;
c. Estimated time of arrival (ETA) at fleeting area and facility;
d. Estimated time of departure (ETD) from fleeting area and
facility;
e. Upon entry into the covered geographical area;
f. Four hours prior to originating a voyage with a CDC within the
RNA, except if (a) the evolution of making up a tow with a CDC barge
will take less than four hours before originating a voyage, and (b) the
towing vessel operator did not receive the order to make up a tow with
a CDC barge in advance of four hours before originating the voyage with
one or more CDC barges, in which case towing vessel operator shall
submit the required report to the IRVMC as soon as possible after
receiving orders to make up a tow with one or more CDC barges;
g. Upon picking up an additional CDC barge from a fleeting area or
facility;
h. Upon dropping off a CDC barge at a fleeting area or facility;
i. Upon moving a CDC barge within a fleeting area by a fleet tow
boat;
j. Once daily, all CDC barges within a fleeting area;
k. ETA at approximately 90 designated reporting points within the
covered geographical area;
l. At any time the ETA to a reporting point varies by 6 hours from
the previously reported ETA;
m. Any significant deviation from previously reported information;
n. Upon departing the covered geographical area; and
o. When directed by the IRVMC.
A company representative or dispatcher may report to the IRVMC on
behalf of the fleeting area manager.
Need for Information: To ensure port safety and security and to
ensure the uninterrupted flow of commerce, the Coast Guard is issuing
regulations requiring position and intended movement reporting and
fleeting operations reporting from barges carrying CDCs in the inland
rivers within the Eighth and Ninth Coast Guard Districts.
Use of Information: The information is required to enhance maritime
security, protect ports and facilities and high-density population
centers (metropolitan areas), control vessel traffic, develop
contingency plans, and enforce regulations. The Coast Guard will use
the information to maintain continuous maritime domain awareness on the
inland rivers so that we may respond as appropriate to an actual or
threatened terrorist action and enhance maritime security by boarding
and/or escorting CDC barges in the vicinity of high-density population
areas.
Description of the Respondents: The respondents are owners, agents,
masters, towing vessel operators, or persons in charge of barges loaded
with CDCs or having CDC residue 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 3,505. This rule will decrease the number of
respondents by 3,328 to a total of 177.
Frequency of Response: Towing vessel operators moving barges
carrying CDCs
[[Page 57363]]
or CDC residue will submit reports as necessary. The existing OMB-
approved collection annual number of responses is 7,711. This rule will
increase the number of responses by 13,313 to a total of 21,024.
Burden of Response: The existing OMB-approved collection burden of
response is 15 minutes (0.25 hours) (burden of response is the time
required to complete the paperwork requirements of the rule for a
single response). This rule will decrease the burden of response by 9
minutes (0.15 hours) to a total of 6 minutes (0.10 hours).
Estimate of Total Annual Burden: The existing OMB-approved
collection total annual burden is 1,928 hours (total annual burden is
the time required to complete the paperwork requirements of the rule
for all responses). This rule will decrease the total annual burden by
1017 hours to a total of 911 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this rule to the Office of
Management and Budget (OMB) for its review and approval of the revised
collection of information. The existing OMB-approved collection (1625-
1505) expires on 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. If and when OMB
approves this revised collection of information, we will publish a
separate notice in the Federal Register.
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This 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 would 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 would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1 paragraph (34)(g), of the instruction, from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in NEPA. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 166 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.830 to read as follows:
Sec. 165.830 Regulated Navigation Area; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District.
(a) Regulated Navigation Area. The following waters are a regulated
navigation area (RNA): the Mississippi River above mile 235.0, Above
Head of Passes, including all its tributaries; the Atchafalaya River
above mile 55.0, including the Red River; the Ohio River and all its
tributaries; and the Tennessee River from its confluence with the Ohio
River to mile zero on the Mobile River and all other tributaries
between these two rivers.
(b) Applicability. This section applies to towing vessel operators
and fleeting area managers responsible for CDC barges in the RNA. This
section does not apply to:
(1) Towing vessel operators responsible for barges not carrying
CDCs barges, or
[[Page 57364]]
(2) Fleet tow boats moving one or more CDC barges within a fleeting
area.
(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.
Certain Dangerous Cargo or (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(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 exemption.
(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 oxidizing materials 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 exemption.
(5) A liquid material that has a primary or subsidiary
classification of Division 6.1 ``poisonous material'' as listed in 49
CFR 172.101 that is also a ``material poisonous by inhalation'', as
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in
a quantity in excess of 20 metric tons per barge when not in a bulk
packaging.
(6) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment'', as defined in 49
CFR 173.403.
(7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that
is flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids--
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene oxide.
CDC barge means a barge containing CDCs or CDC residue.
Downbound means the tow is traveling with the current.
Eighth Coast Guard District means the Coast Guard District as set
out in 33 CFR 3.40-1.
Fleeting area means any fleet, including any facility, located
within the area covered by one single port.
Fleet tow boat means any size vessel that is used to move,
transport, or deliver a CDC barge within a fleeting area.
Inland River Vessel Movement Center or (IRVMC) means the Coast
Guard office that is responsible for collecting the information
required by this section.
Towing vessel means any size vessel that is used to move,
transport, or deliver a CDC barge to a fleet or facility that is
located in a different port than where the voyage originated.
Towing vessel operator means the Captain or pilot who is on watch
on board a towing vessel.
Upbound means the tow is traveling against the current.
(d) Regulations. The following must report to the Inland River
Vessel Movement Center (IRVMC):
(1) The towing vessel operator responsible for one or more CDC
barges in the RNA must report all the information items specified in
table 165.830(f), in paragraph (f) of this section, to the IRVMC:
(i) Upon point of entry into the RNA with one or more CDC barges;
(ii) Four hours before originating a voyage within the RNA with one
or more CDC barges, except if the evolution of making up a tow with a
CDC barge will take less than four hours before originating a voyage,
and the towing vessel operator did not receive the order to make up a
tow with a CDC barge in advance of four hours before originating the
voyage with one or more CDC barges, in which case the towing vessel
operator shall submit the required report to the IRVMC as soon as
possible after receiving orders to make up a tow with one or more CDC
barges;
(iii) Upon dropping off one or more CDC barges at a fleeting area
or facility;
(iv) Upon picking up one or more additional CDC barges from a
fleeting area or facility;
(v) At designated reporting points, set forth in table 165.830(e),
in paragraph (e) of this section;
(vi) When the estimated time of arrival (ETA) to a reporting point
varies by 6 hours from the previously reported ETA;
(vii) Any significant deviation from previously reported
information;
(viii) Upon departing the RNA with one or more CDC barges; and
(ix) When directed by the IRVMC.
(2) The fleeting area manager responsible for one or more CDC
barges in the RNA must report all the information items specified in
table 165.830(g), in paragraph (g) of this section, to the IRVMC:
(i) Once daily, report all CDC barges within the fleeting area;
(ii) Upon moving one or more CDC barges within a fleeting area by a
fleet tow boat;
(iii) Any significant deviation from previously reported
information; and
(iv) When directed by the IRVMC.
(3) Reports required by this section may be made by a company
representative or dispatcher on behalf of the fleeting area manager.
(4) Reports required by this section must be made to the IRVMC
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by e-mail to irvmc@cgstl.uscg.mil. A reporting form and e-mail link are
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
(5) The general regulations contained in 33 CFR 165.13 apply to
this section.
(e) Eighth Coast Guard District Inland River RNA Reporting points.
Towing vessel operators responsible for one or more CDC barges in the
RNA must make reports to the IRVMC at each point listed in this
paragraph (e):
(1) Lower Mississippi River (LMR), between Mile Markers (M):
(i) M 235.0-240.0 (Entering & Exiting RNA)
(ii) M 338.0-343.0
(iii) M 430.0-435.0
(iv) M 520.0-525.0
(v) M 621.0-626.0
(vi) M 695.0-700.0
(vii) M 772.0-777.0
(viii) M 859.0-864.0
(ix) M 945.0-950.0
(2) Upper Mississippi River (UMR), between Mile Markers (M) and
Departing Lock & Dam (L&D), unless otherwise indicated:
(i) L&D 3
(ii) L&D 4
(iii) L&D 8
(iv) L&D 11
(v) L&D 14
(vi) L&D 18
(vii) L&D 21
(viii) L&D 25
(ix) Arriving Melvin Price L&D (downbound)
(x) Departing Melvin Price L&D (upbound)
(xi) M 150.0-145.0
(xii) M 66.0-61.0
(3) Missouri River (MOR), between Mile Markers (M):
(i) M 54.0-56.0
(ii) M 115.0-117.0
(iii) M 208.0-210.0
(iv) M 326.0-328.0
(v) M 397.0-399.0
(vi) M 487.0-489.0
(vii) M 572.0-574.0
(viii) M 652.0-654.0
(ix) M 745.0-750.0
(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D),
as indicated:
(i) M 0.0
(ii) Departing New LaGrange L&D
(iii) M 140.0
(iv) M 187.2 (Entering & Exiting RNA)
(5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as
indicated:
(i) M 950.0-952.0
(ii) Arriving Smithland L&D
(iii) M 826.0-828.0
(iv) M 748.0-750.0
(v) M 673.0-675.0
(vi) M 628.0-630.0
[[Page 57365]]
(vii) M 556.0-559.0
(viii) M 511.0-513.0
(ix) Departing Capt Anthony Meldahl L&D
(x) Arriving Greenup L&D (upbound)
(xi) Departing Greenup L&D (downbound)
(xii) Departing Robert C. Byrd L&D (upbound)
(xiii) Arriving Robert C. Bryd L&D (downbound)
(xiv) Departing Belleville L&D
(xv) Departing Hannibal L&D
(xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as indicated:
(i) Departing L&D 4 (upbound)
(ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock & Dam (L&D):
(i) Grays Landing L&D
(ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as indicated:
(i) Arriving Winfield L&D (upbound)
(ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers (M) and Departing Lock &
Dam (L&D), unless otherwise indicated:
(i) Departing Old Hickory L&D (upbound)
(ii) Arriving Old Hickory L&D (downbound)
(iii) M 127.0-129.0
(iv) Barkley L&D
(10) Tennessee River, between Mile Markers (M) and when Departing
Lock & Dam (L&D), unless otherwise indicated:
(i) Fort Loudon L&D
(ii) Watts Bar L&D
(iii) Departing Chickamauga L&D (upbound)
(iv) Arriving Chickamauga L&D (downbound)
(v) Nickajack L&D
(vi) Gunterville L&D
(vii) General Joe Wheeler L&D
(viii) Pickwick Landing L&D
(ix) M 122.0-124.0
(x) Kentucky L&D
(11) Tennessee-Tombigbee River, between Mile Markers (M) and when
Departing Lock & Dam (L&D):
(i) Lock D
(ii) Aberdeen L&D
(iii) Aliceville L&D
(iv) M 202.0-203.0
(v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
(i) 0.0 (Entering & Exiting RNA)
(ii) [Reserved]
(13) Black Warrior River, when Departing L&D:
(i) Holt L&D
(ii) [Reserved]
(14) Alabama River, when Departing L&D:
(i) Claiborne L&D
(ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, when Departing
Lock & Dam (L&D), unless otherwise indicated:
(i) Chouteau L&D
(ii) W.D. Mayo L&D
(iii) Ozark-Jeta Taylor L&D
(iv) L&D 9
(v) Arriving David D. Terry L&D (upbound)
(vi) Departing David D. Terry L&D (downbound)
(vii) L&D 2
(16) Red River, between Mile Markers (M) and when Departing Lock &
Dam (L&D):
(i) L.C. Boggs L&D
(ii) Lock 3
(iii) M 178.0-180.0
(17) Atchafalaya River, at Mile Marker (M):
(i) 55.0 (Entering & Exiting RNA)
(ii) [Reserved]
(f) Information to be reported to the IRVMC by towing vessel
operators. With the exception noted in paragraph (d)(1)(ii) of this
section, towing vessel operators responsible for one or more CDC barges
in the RNA must report all the information required by this section as
set out in table 165.830(f) of this paragraph.
Table 165.830(f).--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name and
Estimated location of Estimated
time of destination of time of
24-hour Name of Barge(s) Type, name departure CDC barge arrival
contact vessel name and and amount from (fleeting area Reporting (ETA) to
number moving official of CDC fleeting or facility), point next
barge(s) number onboard area or including reporting
facility estimated time point (If
of arrival applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA X X X X ............ X X X
with a CDC barge....................
(2) 4 hours before to originating a X X X X X X ............ X
voyage within the RNA with one or
more CDC barges; but see exception
in paragraph (d)(1)(ii) of this
section
(3) Upon dropping off one or more CDC ............ X X ............ ............ ............... ............ ............
barges at a fleeting area or
facility
(4) Upon picking up one or more ............ X X X ............ ............... ............ ............
additional CDC barges from a
fleeting area or facility
(5) At designated reporting points in ............ X X (\1\) ............ (\1\) X X
table 165.830(e)....................
(6) When ETA to a reporting point ............ X (\1\) (\1\) ............ ............... ............ X
varies by 6 hours from previously
reported ETA........................
(7) Any significant deviation from X X X X X X X X
previously reported information (all
that apply).........................
(8) Upon departing the RNA with a CDC ............ X X ............ ............ ............... X ............
barge(s)............................
(9) When directed by the IRVMC....... X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.
(g) Information to be reported to the IRVMC by fleeting area
managers. Fleeting area managers responsible for one or more CDC barges
in the RNA must report the information required by this section as set
out in table 165.830(g) of this paragraph.
Table 165.830(g).--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
Type, name and Location of CDC
24-hour contact Barge(s) name and amount of CDC barge (fleeting
number official number onboard area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a X X X X
fleeting area......................
(2) Upon moving one or more CDC ................. X X X
barges within a fleeting area by a
fleet tow boat.....................
[[Page 57366]]
(3) Any significant deviation from X X X X
previously reported information
(all that apply)...................
(4) When directed by the IRVMC...... X X X X
----------------------------------------------------------------------------------------------------------------
(h) Alternative reporting. The Eighth Coast Guard District
Commander may consider and approve alternative methods to be used by a
reporting party to meet any reporting requirements if--
(1) the request is submitted in writing to Commander, Eighth Coast
Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New
Orleans, LA 70130; and
(2) the alternative provides an equivalent level of the reporting
that which would be achieved by the Coast Guard with the required
check-in points.
(i) Deviation from this section is prohibited unless specifically
authorized by the Commander, Eighth Coast Guard District or the IRVMC.
Dated: September 26, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-25165 Filed 9-30-03; 4:43 pm]
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