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SAFETY RECOMMENDATIONS: The purpose of safety recommendations is to identify corrective actions the Coast Guard, or other substantially involved federal agencies, should take to address known unsafe conditions, action, or other unwanted outcomes to prevent future casualties and improve safety of life at sea as required in 46 USC 6301.  An Investigating Officer or a Marine Board of Investigation considers making safety recommendations when their investigation indicates that laws, regulations, or the policies, tactics, techniques, and procedures that implement those laws, are inadequate or missing and that identified unsafe conditions, actions, or other unwanted outcomes may be mitigated through the amendment, repeal, or proposal of those laws, regulations, policies, etc.

In accordance with 46 CFR §4.07-10, safety recommendations are submitted to and subject to a process of review and endorsement by the cognizant Officers in Charge, Marine Inspection, and District Commanders.  For those recommendations that are addressed to the Commandant, once they are endorsed by the OCMI and District Commander, they are reviewed by the appropriate program office(s) at Commandant and a final response (i.e. final action) determined.

 

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Recommendation Category Navigation - Waterway
MISLE ID 6572
Recommendation

The area known as 81-mile point should be restricted to one-way traffic between mm 177 and mm 181 LMR for all vessels over 300-feet in total length (with or without tow).  In the nine years preceding this incident there were 20 marine casualties in the vicinity of MM's 173-182; eight of these incidents were groundings when no other vessel was in the vicinity.  Lone vessels have enough trouble dealing with this restrictive turn and strong current conditions; adding a second vessel creates an intrinsically unsafe condition. This investigation recommends that the Coast Guard establish 81-Mile Point as a one-way traffic area for all vessels over 300-feet in total length (with or without tow).  In accordance with current rules, the down-bound vessel shall have the right-of-way.  Down-bound vessels over 300-feet, once past MM 181, are considered as having one-way use of the restricted area therefore up-bound vessels should hold at a location not nearer the bend than MM 177, in the vicinity of Smoke Bend.
OCMI Endorsement

The OCMI Recommends Killing the recommendation.  Eighty-One Mile Point has now been included in the regulations as a Regulated Navigation Area in 33CFR165.810(g) and fulfills the intent of the safety recommendation.  The regulation applies to all vessels regardless of tonnage or length.  Prior to proceeding upriver past LMR MM167.5, vessels are required to contact Vessel Traffic Service (VTC NOLA) providing name, destination, confirm proper operation of their AIS, if required to be installed, their size of tow and number of loaded and empty barges, and then provide a follow-on position check at LMR MM173.7 -- VTC NOLA advises the vessel on traffic approaching Eighty-One Mile Point.  Descending vessels also have requirements to check in with VTS NOLA at LMR MM187.9 and then provide a follow-on check at LMR MM183.9.  In addition, all vessels getting underway between LMR MM167.5 and LMR MM187.9 must check in and comply with the ascending and descending check in / follow-on points.  Fleet vessels must also check-in with VTC NOLA if they leave their respective fleet or move into the main channel. /2 Aug 2011
District Endorsement

No endorsement
Final Action

As of May 31, 2011 regulations in 33 Code of Federal Regulations Part 161 were amended to include the recommended waterways and are controlled by the New Orleans Vessel Traffic Service Center. I consider these actions to fulfill the intent of this recommendation therefore, this recommendation is closed agency action complete. 
Investigation ID 2653934
Incident Date 5/19/2006