[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23659-23661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11210]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-97-003]
RIN-AE94
Puget Sound and Adjacent Waters, WA-regulated Navigation Area
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is permanently
amending a local regulation governing navigation in Puget Sound and
adjacent waters, Washington. This amendment corrects an administrative
error which unintentionally omitted the District Commander's authority
to grant waivers from the rule excluding tankers over 125,000 dead
weight tons from operating in Puget Sound, Puget Sound Vessel Traffic
Service's (VTS) authority to grant deviations from the requirement that
vessels keep the center of the precautionary areas to port, and
emergency authority for masters, pilots, and others to deviate from the
requirement that vessels keep the center of the precautionary areas to
port. This deviation authority was inadvertently omitted when the
Vessel Traffic Service regulations were amended in 1994.
DATES: This rule is effective on July 30, 1997, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before June 30, 1997. If the Coast Guard
receives written adverse comment or written notice of intent to submit
adverse comments, the Coast Guard will publish a timely withdrawal of
all or part of this direct final rule.
ADDRESSES: Comments may be mailed or delivered to U.S. Coast Guard,
Thirteenth Coast Guard District, Marine Safety Division, 915 Second
Avenue, room 3506, Seattle, WA 98174-1067. Normal office hours are
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
The Marine Safety Division maintains the public docket for this
rule making. Comments will become part of this docket and will be
available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT: Lieutenant T. G. Favreau, Compliance
Branch Chief, U.S. Coast Guard, Thirteenth Coast Guard District, Marine
Safety Division, telephone (206) 220-7224.
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the names and address of the person
submitting the comment, specify the rule making docket (CGD 13-97-003)
and the specific section of this rule to which each comment applies,
and give the reason for each specific comment. Please submit two copies
of all comments and attachments in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgment of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comments
are anticipated. If no adverse comments or any written notice of intent
to submit adverse comment are received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days prior to the effective date, the
Coast Guard will publish a document in the Federal Register stating
that no adverse comment was received and confirming that this rule will
become effective as scheduled. However, if the Coast Guard receives
written adverse comment or written notice of intent to submit adverse
comment, the Coast Guard will publish a document announcing withdrawal
of all or part of this direct final rule. If adverse comments apply to
only part of this rule, and it is possible to remove that part without
defeating the purpose, the Coast Guard may adopt as final those parts
of this rule for which no adverse comments were received. The part of
this rule that was the subject of adverse comment will be withdrawn. If
the Coast Guard decides to proceed with a rulemaking following receipt
of adverse comments, a separate Notice of Proposed Rule Making (NPRM)
will be published and a new opportunity for comment provided.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
By this direct final rule, the Coast Guard is amending 33 CFR part
165 to
[[Page 23660]]
correct a drafting error which inadvertently omitted (1) the District
Commander's authority to grant waivers from the rule excluding tankers
over 125,000 dead weight tons from operating in Puget Sound, (2) Puget
Sound Vessel Traffic Service's (VTS) authority to grant deviations from
the requirement that vessels keep the center of the precautionary areas
to port, and (3) emergency authority for masters, pilots, and others to
deviate from the requirement that vessels keep the center of the
precautionary areas to port. When the requirements of 33 CFR 161.143
and 33 CFR 161.152(b) were combined into 33 CFR 165.1303, the deviation
authority previously contained in 33 CFR 161.108 and 33 CFR 161.110 was
inadvertently omitted. (See CGD 90-020, 59 FR 36335, July 15, 1994.)
This amendment merely reinstates that deviation authority originally
granted to the Thirteenth Coast Guard District Commander and to the
Puget Sound VTS.
As amended in 1994, the current regulations do not allow for tank
vessels over 125,000 dead weight tons to enter Puget Sound and adjacent
waters. This direct final rule permanently amends 33 CFR 165.1303 to
allow the Thirteenth Coast Guard District Commander to grant waivers
for such tank vessels in the regulated navigation area if the proposed
deviation from the rules provides an adequate level of safety. Under
this amendment, the Coast Guard expects that tank vessels in this
category would be allowed to enter Puget Sound only for cleaning or
repair with a tug escort.
This amendment also allows the VTS to authorize deviation from the
requirements to keep the center of the precautionary areas to port when
operating in a precautionary area in Puget Sound. Such deviations are
occasionally needed in order to prevent collisions and groundings and
to protect the navigable waters of the VTS Area from environmental harm
resulting from collisions and groundings.
Finally, this amendment allows the master, pilot, and others
directing the movement of vessel to deviate from the requirement to
keep the center of the precautionary area to port in an emergency
situation, if such emergency deviation is immediately reported to the
Vessel Traffic Center.
Discussion of Rules
The Coast Guard is permanently amending 33 CFR 165.1303--Puget
Sound and adjacent waters, WA-regulated navigation area. Section
165.1303 is amended by revising paragraph (b)(2) and adding new
paragraphs (c)(1), (c)(2), and (c)(3).
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that full Regulatory Evaluation under paragraph
10.e of the regulatory policies and procedures of DOT is unnecessary,
because an ability to deviate will not create any economic impact. This
conclusion is based on the fact that this direct final rule only
reinstates and clarifies what was inadvertently omitted when 33 CFR
161.108 was merged into 33 CFR 165.1303. It also provides the potential
for greater flexibility for the operation of tank vessels in Puget
Sound.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rule making is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
Reinstatement of this section will have no economic impact on small
entities because it merely restores the deviation authority originally
in place for operation of tank vessels larger than 125,000 deadweight
tons in a regulatory navigation area and allows for greater flexibility
in vessel operations in the VTS Area. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this change will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.34(g) of Commandant
Instruction M1675.1B (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. Section 2.B.2.e.34(g) of that instruction requires an
Environmental Analysis Checklist and a Categorical Exclusion
Determination to be prepared for regulatory activity of this type. Both
the Environmental Analysis Checklist and the Categorical Exclusion
Determination are available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR 165.1303 as follows:
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. In Sec. 165.1303, paragraph (b)(2) is revised and paragraph (c)
is added to read as follows:
Sec. 165.1303 Puget Sound and adjacent waters, WA-regulated navigation
area.
* * * * *
(b) * * *
(2) Commander, Thirteenth Coast Guard District may, upon written
request, issue an authorization to deviate from paragraph (b)(1) of
this section if it is determined that such deviation provides an
adequate level of safety. Any application for authorization must state
the need and fully describe the proposed procedure.
(c) Precautionary Area Regulations.
(1) A vessel in a precautionary area which is depicted on National
Oceanic and Atmospheric Administration (NOAA) nautical charts, except
precautionary ``RB'' (a circular area of 2,500 yards radius centered at
48-26'24'' N., 122-45'12'' W.), must keep the center of the
precautionary area to port.
Note: The center of precautionary area ``RB'' is not marked by a
buoy.
(2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal
[[Page 23661]]
request, authorize a onetime deviation from paragraph (c)(1) of this
section for a voyage, or part of a voyage, if the proposed deviation
provides a level of safety equivalent to or beyond that provided by the
required procedure. The deviation request must be made well in advance
to allow the requesting vessel and the Vessel Traffic Center (VTC)
sufficient time to assess the safety of the proposed deviation.
Discussions between the requesting vessel and the VTC should include,
but are not limited to, information on the vessel handling
characteristics, traffic density, radar contacts, and environmental
conditions.
(3) In an emergency, the master, pilot, or person directing the
movement of the vessel may deviate from paragraph (c)(1) of this
section to the extent necessary to avoid endangering persons, property,
or the environment, and shall report the deviation to the VTC as soon
as possible.
Dated: April 14, 1997.
J. David Spade,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 97-11210 Filed 4-30-97; 8:45 am]
BILLING CODE 4910-14-M
