[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7707-7709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3914]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 13-98-002]
RIN 2115-AE84
Clarification and Rearrangement of Puget Sound Vessel Traffic
Service Regulated Navigation Area (RNA) Regulations
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is rearranging and
clarifying the current wording of Puget Sound Vessel Traffic Service
Regulated Navigation Area Regulations. This action is necessary to
clearly differentiate between conditions when ``general regulations''
and ``congested regulations'' apply within the Regulated Navigation
Area of Puget Sound. This direct final rule will make no substantive
changes in the meaning or interpretation of the existing regulations.
The direct final rule is intended to improve understanding of, and
compliance with, these regulations, and to make these regulations less
subject to confusion by waterway users.
DATES: This rule is effective May 18, 1998, unless the Coast Guard
receives a written adverse comment or written notice of intent to
submit an adverse comment on or before April 20, 1998. If the Coast
Guard receives a written adverse comment or notice of intent to submit
a written adverse comment is received, the Coast Guard will withdraw
this direct final rule and publish a timely notice of withdrawal in the
Federal Register.
ADDRESSES: You may mail or deliver comments to U.S. Coast Guard,
Thirteenth Coast Guard District, Marine Safety Division, 915 2nd
Avenue, Room 3506, Seattle, WA, 98174-1067. Normal office hours are
between 8:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays. The telephone number is (206) 220-7217.
The Marine Safety Division maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble, will
become part of this docket and will be available for inspection or
copying at the above address.
FOR FURTHER INFORMATION CONTACT: LT Chris Woodley, C-GD13 (moc-2), 915
2nd Avenue, Room 3506, Seattle, WA, 98174-1067, (206) 220-7217.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 13-98-002) and the specific section of
this document to which each comment applies, and give the reason for
each 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 comment is
anticipated. If no adverse comment or written notice of intent to
submit an adverse comment is received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days before 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 a
written adverse comment or written notice of intent to submit an
adverse comment, the Coast Guard will publish a document in the Federal
Register announcing withdrawal of all or part of this direct final
rule. If an adverse comment applies to only part of this rule and it is
possible to remove that part without defeating the purpose of this
rule, the Coast Guard may adopt as final those parts of this rule on
which no adverse comment was received. The part of this rule that was
the subject of an adverse comment will be withdrawn. If the Coast Guard
decides to proceed with a rulemaking following receipt of an adverse
comment, the Coast Guard will publish a separate Notice of Proposed
Rulemaking (NPRM) and provide a new opportunity for comment.
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
On August 29, 1994, the Coast Guard published in the Federal
Register [39 FR 44321] the Final Rule [CGD13 90-003] for a Regulated
Navigation Area (RNA) for Puget Sound (33 CFR 165.1301) and adjacent
waters in northwestern Washington to prevent vessel collisions and
groundings, loss of property, loss of life, and environmental damage,
resulting from conflicts between varied users of these waters. These
regulations were intended to encompass fishing vessels, pleasure craft,
ferries, towboats, and deep draft vessels. As written, the regulations
of 33 CFR 165.1301 are unclear as to which provisions apply all the
time (general regulations) and which provisions apply only when
hazardous levels of vessel traffic congestion exist (congestion
regulations). Currently, the only clarification between general and
congested conditions is written in the Puget Sound Vessel Traffic
Service Users Manual. This document is not legally binding and is
subject to challenge. Consequently, it is necessary to rearrange and
clarify the current text 33 CFR 165.1301 to promote a better
understanding of these regulations by waterway users, and improve
compliance within the Puget Sound Regulated Navigation Area. The
proposed changes are in alignment with current practice, and with the
``Discussion of Comments and Changes'' section of the Final Rule
published in the Federal Register on August 29, 1994.
[[Page 7708]]
Discussion of Rule
This direct final rule will rearrange and clarify the existing
regulations of 33 CFR 165.1301, with particular emphasis on paragraphs
(b), (c), and (d). Specifically, this direct final rule will make
distinctions between when ``general regulations'' and ``congestion
regulations'' apply within the Puget Sound Regulated Navigation Area.
Paragraph 1301(b) will address applicability of the 72 COLREGS as is
currently addressed in paragraph (c)(1). Paragraph 1301(c) will
continue to be titled ``General Regulations,'' but would be rearranged
to contain existing provisions that apply at all times within the Puget
Sound RNA. Paragraph 1301(d) would be renamed ``Congestion
Regulations'' and will contain existing provisions that apply only when
hazardous levels of congestion are deemed to exist by Puget Sound
Vessel Traffic Service. The provisions of old paragraph (d), currently
titled ``Prohibited Fishing Areas,'' will be incorporated into new
paragraphs (c) and (d). Paragraphs (a) and (e) will remain unchanged.
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 a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
This direct final rule is a rearrangement and clarification of existing
regulations. There is no substantive change as a result of this action.
Waterway users currently affected by the current regulations of 33 CFR
165.1301 will not have to alter current practices, and will incur no
additional cost in complying with this direct final rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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 rearrangement and clarification of 33 CFR 165.1301 (b)-(d)
will have no impact on small entities because no substantive changes or
new interpretations are being made to the regulations. This section of
the regulations is being rewritten to simply remove confusion and
improve understanding of, and compliance with, the existing
regulations. Therefore, 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.
Collection of Information
This rule does not provide for a collection of information under
the Paperwork Reduction Act of 1995 (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 implications for federalism 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.l. of Commandant Instruction
M16475.lB, this rule is categorically excluded from further
environmental documentation. This direct final rule is a procedural
clarification of an existing regulation which clearly does not have any
environmental impacts. A ``Categorical Exclusion Determination'' is
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 discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
1. The authority citation for Part 165 continues to read as
follows:
Part 165--[AMENDED]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 C.F.R. 1.46.
2. Section 165.1301 is revised to read as follows:
Sec. 165.1301 Puget Sound and Adjacent Waters in Northwestern
Washington--Regulated Navigation Area.
The following is a regulated navigation area--All of the following
northwestern Washington waters under the jurisdiction of the Captain of
the Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound,
Elliott Bay, Commencement Bay, the San Juan Archipelago, Rosario
Strait, Guemes Channel, Bellingham Bay, U.S. waters of the Strait of
the Strait of Juan de Fuca, Haro Strait, Boundary Pass, and Georgia
Strait, and all lesser bays and harbors adjacent to the above.
(a) Definitions as used in this section:
(1) Vessels engaged in fishing are as identified in the definition
found in Rule 3 of the International Regulations for Prevention of
Collisions at Sea, 1972, (72 COLREGS), found in Appendix A, Part 81 of
this chapter.
(2) Hazardous levels of vessel traffic congestion are as defined at
the time by Puget Sound Vessel Traffic Service.
(b) Nothing in this section shall be construed as relieving any
party from their responsibility to comply with applicable rules set
forth in the 72 COLREGS.
(c) General Regulations: The provisions of this paragraph apply at
all times.
(1) Vessels engaged in fishing or other operations--that are
distinct from vessels following a TSS or a connecting precautionary
area east of New Dungeness and which are not required by the Bridge to
Bridge Radiotelephone Regulations to maintain a listening watch, are
highly encouraged to maintain a listening watch on the Puget Sound
Vessel Traffic Service (PSVTS) VHF-FM radio frequency for the area in
which the vessel is operating. A safe alternative to the radio
listening watch is to stay clear of the TSS and connecting
precautionary area.
(2) Vessels engaged in gill net fishing at any time between sunset
and sunrise in any of the waters defining the regulated navigation are
of this section shall, in addition to the navigation lights and shapes
required by Part 81 of this title (72 COLREGS), display at the end of
the net most distant from the vessel on all-round (32-point) white
light visible for a minimum of two nautical miles and displayed from at
least three feet above the surface of the water.
(3) Vessels engaged in fishing, including gillnet and purse seine
fishing, are prohibited in the following Prohibited Fishing Area: The
Hood Canal Bridge, to include the waters within a one-half nautical
mile radius of the center of the main ship channel
[[Page 7709]]
draw span during the immediate approach and transit of the draw by
public vessels of the United States.
(4) East of New Dungeness, vessels engaged in fishing in a traffic
lane or connecting precautionary area shall tend nets or other gear
placed in the water so as to facilitate the movement of the vessel or
gear from the traffic lane or precautionary area upon the approach of a
vessel following the TSS.
(d) Congested Regulations: The provisions under this paragraph
apply only when imposed in specific locations by Puget Sound Vessel
Traffic Service. They are intended to enhance vessel traffic safety
during periods and in locations where hazardous levels of vessel
traffic congestion are deemed to exist by Puget Sound Vessel Traffic
Service. Operations potentially creating vessel traffic congestion
include, but are not limited to, vessels engaged in fishing, including
gillnet or purse seine, recreational fishing derbies, regattas, or
permitted marine events.
(1) Vessels engaged in fishing or other operations--that are
distinct from vessels following a Traffic Separation Scheme (TSS) or a
connecting precautionary area east of New Dungeness, may not remain in,
nor their gear remain in, a traffic lane or a connecting precautionary
area east of New Dungeness when a vessel following a TSS approaches.
Such vessels not following a TSS or a connecting precautionary area
shall draw in their gear, maneuver, or otherwise clear these areas so
that their action is complete at least fifteen minutes before the
arrival of a vessel following the TSS. Vessels which are required by
this paragraph to remain clear of a connecting precautionary area east
of New Dungeness or a traffic lane must also remain clear of the
adjacent separation zone when in a TSS east of New Dungeness.
(2) A vessel following the TSS may not exceed a speed of 11 knots
through the water.
(3) Vessels engaged in fishing, including gillnet and purse seine
fishing, are prohibited in the following Prohibited Fishing Area:
Edmonds/Kingston ferry crossing lanes, to include the waters within
one-quarter nautical mile on either side of a straight line connecting
the Edmonds and Kingston ferry landings during the hours that the ferry
is operating.
(e) Authorization to deviate from this section.
(1) Commander, Thirteenth Coast Guard District may, upon written
request, issue an authorization to deviate from this section if the
proposed deviation provides a level of safety equivalent to or beyond
that provided by the required procedure. An application for
authorization must state the need for the deviation and describe the
proposed alternative operation.
(2) PSVTS may, upon verbal request, authorize a deviation from 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 vessel handling characteristics,
traffic density, radar contracts, and environmental conditions.
(3) In an emergency, the master, pilot, or person directing the
movement of the vessel following the TSS may deviate from 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: February 2, 1998.
J. David Spade,
Rear Admiral, U.S. Coast Guard District Commander
[FR Doc. 98-3914 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-14-M
