§ 6-205.1. Barge fleeting regulations for mooring of barges on the mississippi river between mile 81.2 above the head of passes and the head of passes.

(1)

Mississippi River.

(a)

The following is a regulated navigation area: The waters of the Mississippi River between Mile 81.2 above head of passes and head of passes.

(b)

Regulations for this regulated navigation area appear in this section.

[(2)

Reserved. ]

(3)

Definitions. As used in this section:

(a)

"Fleeting facility" means the geographic area along or near a river bank at which a barge mooring service, either for hire or not for hire, is established.

(b)

"Tier" means barges moored independently in rows or groups.

(c)

"Fleet" includes one or more tiers.

(d)

"Person in charge" includes any owner, agent, pilot, master, officer, operator, crew member, supervisor, dispatcher or other person navigating, controlling, directing or otherwise responsible for the movement, action, securing, or security of any vessel, barge, tier, fleet, or fleeting facility subject to the regulations in subsections 3 through 41 of this section.

(e)

"Breakaway" means a barge that is adrift and is not under the control of a towing vessel.

(f)

"Mooring device" includes a dead-man, anchor, pile or other reliable holding apparatus.

(g)

"Mooring barge" or "spar barge" means a barge moored to mooring devices and to which other barges may be moored.

[(4).

Reserved. ]

(5)

Waivers.

(a)

The port manager may, upon written request except as allowed in paragraph (c) of this subsection, waive any regulation in subsection (11) through (37) of this section if he finds that the proposed operation can be conducted safely under the terms of that waiver.

(b)

Each written request for a waiver must state the need for the waiver and describe the proposed operation.

(c)

Under unusual circumstances due to time constraints, the person in charge may orally request an immediate waiver from the manager of the port. The written request for a waiver must be submitted within five (5) working days after the oral request.

(d)

The port manager may at any time terminate any waiver issued under this section.

[(6)

Reserved. ]

(7)

Waiver appeals. An applicant for a waiver that is denied by the port manager may appeal in writing to the council, whose determination is final.

[(8)

Reserved. ]

(9)

Emergencies. In any emergency, a person may depart from any regulation in subsections (11) through (37) to the extent necessary to avoid immediate danger to persons, property, or the environment.

[(10)

Reserved. ]

(11)

Mooring; generally.

(a)

No person may secure a barge to trees or to other vegetation.

(b)

No person may allow a barge to be moored with unraveled or frayed lines or other defective or worn moorings.

(c)

No person may moor barges side to side unless they are secured to each other from fittings as close to each corner of abutting sides as practicable.

(d)

No person may moor barges end to end unless they are secured to each other from fittings as close to each corner of abutting ends as practicable.

[(12)

Reserved. ]

(13)

Mooring to a mooring device.

(a)

A barge may be moored to mooring devices if the upstream end of that barge is secured to at least one mooring device and the downstream end is secured to at least one other mooring device.

(b)

Barges moored in tiers may be moored to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device, and the shoreward barge at the downstream end of the tier is secured to at least one other mooring device.

(c)

Each wire rope used between the upstream end of a barge and a mooring device must have at least a diameter of one and one-fourth inches. Chain or line used between the upstream end of a barge and a mooring device must be of at least equivalent strength to one and one-fourth diameter wire rope.

(d)

Each wire rope used between the downstream end of a barge and a mooring device must have at least a diameter of seven-eights inches. Chain or line used between the downstream end of a barge and a mooring device must be of at least equivalent strength of seven-eighths diameter wire rope.

[(14)

Reserved. ]

(15)

Barge-to-barge; barge-to-vessel; barge-to-wharf or pier mooring. The person in charge shall ensure that a barge moored to another barge, a mooring or spar barge, a vessel, a wharf or a pier, is secured as near as practicable to each abutting corner of the barge being moored by:

(a)

Three (3) parts of wire rope of at least seven-eighths-inch diameter with an eye at each end of the rope passed around the timberhead, caval, or button;

(b)

A mooring or natural or synthetic fiber rope that has at least seventy-five (75) per cent of the breaking strength of three (3) parts of seven-eighths-inch diameter wire rope; or

(c)

Fixed rigging that is at least equivalent to three (3) parts of seven-eighths-inch diameter wire rope.

[(16)

Reserved. ]

(17)

Mooring; person in charge.

(a)

The person in charge of a barge, tier, fleet or fleeting facility shall ensure that the barge, tier, fleet, or fleeting facility meets the requirements in subsections (11) and (13) of this section.

(b)

The person in charge shall ensure that all morning devices, wires, chains, lines, and connecting gear are of sufficient strength and in sufficient number to withstand forces that may be exerted on them by moored barges.

[(18)

Reserved. ]

(19)

Supervision of fleeting facilities; inspection of moorings.

(a)

The person in charge of a fleeting facility shall assign a person to inspect moorings in accordance with the requirements in paragraph (b) of this subsection.

(b)

The person assigned to inspect moorings shall inspect.

1.

At least twice during each day during periods that are six (6) hours or more apart, each mooring wire, chain, line, and connecting gear between mooring devices and each wire, line, and connecting equipment used to moor each barge; and

2.

After a towboat adds barges to, withdraws barges from, or moves barges at a fleeting facility, each mooring wire, line and connecting equipment of each barge within each tier affected by that operation.

(c)

The person who inspects moorings shall take immediate action to correct each deficiency.

[(20)

Reserved. ]

(21)

Fleeting facility; records. The person in charge of a fleeting facility shall maintain and make available to the council as governing authority of the Plaquemines Port, Harbor and Terminal District records containing the following information:

(a)

The time of commencement and termination of each inspection required in subsection 19(b).

(b)

The name of each person who makes the inspection required in subsection 19(b).

(c)

The time of, date of, identification of, and presence of any hazardous cargo in each barge entering and departing the fleeting facility.

(d)

The identification of each towboat that moves a barge into, within or out of the fleeting facility.

Note: The requirements of subsection 21(c) for the listing of hazardous cargo refers to cargoes regulated by Subchapter D and O of Chapter I, Title 46, Code of Federal Regulations.

[(22)

Reserved. ]

(23)

Fleeting facility; surveillance.

(a)

The person in charge of a fleeting facility shall assign a person to be in continuous surveillance and to observe the barges in the fleeting facility: Joint use of this person by adjacent facilities may be considered upon submission of a detailed proposal for a waiver to the port manager. Alternative surveillance techniques permitting one observer to maintain the required observation over adjacent fleeting facilities may also be considered upon submission of a detailed proposal for a waiver to the port manager.

(b)

The person who observes the barges shall:

1.

Inspect for movements that are unusual for properly secured barges; and

2.

Take immediate action to correct each deficiency.

[(24)

Reserved. ]

(25)

Fleeting facility; person in charge. The person in charge of a fleeting facility shall ensure that each deficiency found under the requirements of subsection (19) or subsection (23) is corrected.

[(26)—(28)

Reserved. ]

(29)

Securing breakaways. The person in charge shall take immediate action to:

(a)

Secure each breakaway; and

(b)

Report each breakaway as soon as possible to the port manager, Plaquemines Parish, by telephone, radio or other means of rapid communication.

[(30)

Reserved. ]

(31)

Radio communication during breakway. The person in charge of a vessel engaged in recovering of a breakaway shall monitor and communicate with other vessels and the Coast Guard on VHF-FM and the parish sheriff's office and port harbor and terminal district radio phone operator.

[(32)

Reserved. ]

(33)

Highwater; applicability. Subsections (35) and (37) apply to barges in the Mississippi River between Mile 81.2 above head of passes and head of passes during high water when:

(a)

The Carrollton gauge stands twelve (12) feet or more; or

(b)

The Carrollton gauge stands ten (10) feet, the U. S. Army Corps of Engineers forecasts the Mississippi River is rising to twelve (12) feet, and the port manager determines these circumstances to be especially hazardous and issues orders directing that subsections (35) and (37) are in effect.

[(34)

Reserved. ]

(35)

Fleeting facilities; towboat attendance of barges. During high water, the person in charge of a fleeting facility must ensure compliance with the following requirements:

(a)

Each fleet consisting of eight (8) or more barges must be attended by at least one radar-equipped towboat for each one hundred (100) barges or less. Joint uses of this towboat by adjacent facilities may be considered upon submission of a detailed proposal for a waiver.

(b)

Each fleet must have two (2) or more towboats in attendance when:

1.

Barges are withdrawn from or moved within the fleet and the fleet at the start of the operation contains eight (8) or more barges; or

2.

Barges are added to the fleet and the number of barges being added and the fleet at the start of the operation totals eight (8) or more.

(c)

Each towboat required in paragraphs (a) and (b) of this subsection must be:

1.

Capable of safely withdrawing, moving or adding each barge in the fleet;

2.

Immediately operational;

3.

Radio-equipped; and

4.

Within five hundred (500) yards of the barges.

(d)

The person in charge of each towboat required in paragraphs (a) and (b) of this subsection shall maintain:

1.

A continuous guard on Channel 67 (156.375 MHz) VHMFM; and

2.

When moored, a continuous watch on the barges in the fleeting facility.

(e)

During periods when visibility is less than two hundred (200) yards, the person in charge of each towboat required in paragraph (a) of this subsection shall maintain, when moored, a continuous radar surveillance of the barges moored in the fleeting facility.

[(36)

Reserved. ]

(37)

Fleeting operations during low visibility. During high water when visibility is reduced to less than two hundred (200) yards:

(a)

Tows may not be assembled or disassembled;

(b)

No barge may be added to, withdrawn from, or moved within a fleet except:

1.

A single barge may be added to or withdrawn from the channelward or downstream end of the fleet; and

2.

Barges made up in a tow may depart a fleet from the channelward or downstream end of the fleet; and

(c)

No person in charge of a two arriving in this regulated navigation area may moor unless he notifies the port manager.

Penalties: See section 6-207, "Penalties for violation."

(Ord. No. 324, § 1, 8-12-81; Ord. No. 402, § 1, 12-1-82)

Editor's note

The editor has included item 126, as enacted by Ord. No. 324, as Code § 6-205.1. The original numbering of subsections has been retained for ease of reference.