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COMPASS MARINE TRANSPORT, INC. v. ADAMS

No. 78-1456 Summary Calendar.

579 F.2d 362 (1978)

COMPASS MARINE TRANSPORT, INC., American Commercial Barge Line, Inc., Alter Company, Agritrans Corporation, Joseph Domino, Inc., Federal Barge Lines, Inc., McKinney Towing Company, Nilo Barge Line, Inc., Ohio Barge Line, Inc., Orgulf Transport Company, Union Mechling Corporation, the Valley Line Company, and Wisconsin Barge Line, Inc., Plaintiffs-Appellants, v. Brock ADAMS, Secretary, Department of Transportation, the United States Coast Guard, Admiral Owen W. Siler and Admiral W. M. Barrow, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 1, 1978.

Attorney(s) appearing for the Case

William E. O'Neil, Scott Rodger Wheaton, Jr., New Orleans, La., for plaintiffs-appellants.

Michelle F. Pitard, Asst. U. S. Atty., John Volz, U. S. Atty., Martin L. Lindahl, Atty., Office of the Commander, Eighth Coast Guard District, Kevin J. Barry, New Orleans, La., for defendants-appellees.

Before MORGAN, CLARK, and TJOFLAT, Circuit Judges.

PER CURIAM:

Under the Ports and Waterways Safety Act, 33 U.S.C. § 1221, et seq., the Secretary of the department in which the Coast Guard is operating may establish a communication system, designated as Vessel Traffic Service (VTS), to facilitate safety of vessel movement in congested areas. On June 17, 1976, the Department of Transportation published an Advance Notice of Proposed Rulemaking in connection with a VTS for the Mississippi River area near...

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