[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Proposed Rules]
[Pages 14414-14416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7270]
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DEPARTMENT OF THE INTERIOR
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110, 162, and 165
[CDG17-99-002]
RIN 2115-AF81
Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and
Ketchikan, AK
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes changes to the speed limit in Tongass
Narrows. The present speed limit does not address the needs of
floatplane traffic, may unnecessarily slow the transits of smaller
vessels, and does not apply in the northern portions of Tongass Narrows
where traffic congestion and wake from larger vessels has become a
concern. The proposal would extend the speed limit area northward in
Tongass Narrows to Channel Island, allow the take-off and landing of
floatplanes, and allow smaller vessels to transit crowed areas to
Tongass Narrows more quickly, thereby reliving congestion. The Coast
Guard also proposes redesignation of the safety zone in Ketchikan
Harbor as an anchorage ground. Vessels transiting the anchorage ground,
other than those engaged in anchoring evolutions, would be required to
proceed through the anchorage by the most direct route without delay or
sudden course changes. The present designation of this areas as a
safety zone does not reflect its actual use as an anchorage for large
passenger vessels. The slow or erratic operation of small vessels in
the present safety zone has made it very difficult for large vessels to
safely maneuver to and from anchor. The requirement that transiting
vessels proceed through the anchorage directly, without delay or sudden
course changes, will make the final approach, anchoring, and departure
of very large passenger vessels, safer for the vessels involved.
DATES: Comments must reach the Coast Guard by May 10, 1999.
The public hearing will be held on March 26, 1999, at 6 p.m. (AST).
ADDRESSES: You may mail comments to the Commander (mo), Seventeenth
Coast Guard District, P.O. Box 25517, Juneau, Alaska 99802-5517, or
deliver them to the Federal Building, 709 West 9th Street, sixth floor,
room 661, Juneau Alaska between 8 a.m. and 5 p.m., Monday through
Friday, except Federal Holidays. The telephone number is 907-463-2242.
the Seventeenth Coast Guard District, Maritime Operations Division,
maintains the public docket for this rulemaking. Comments, and
documents as indicated in this preamble, will become part of this and
will be available for inspection or copying at room 66, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
The public hearing will be held at the Ted Ferry Civic Center, 888
Venetia Avenue, Ketchikan, Alaska.
FOR FURTHER INFORMATION CONTACT:
For information concerning this rulemaking, call Lieutenant P.W. Clark,
Supervisor, U.S. Coast Guard Marine Safety Detachment, Ketchikan, AK,
telephone 907-225-4496.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting written data, views, or arguments. Persons submitting
comments should include their names and addresses, identify this
rulemaking (CGD17-99-002) and the specific section of this document to
which each comments applies, and give the reason for each comment.
Please submit two copies of all comment and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you want acknowledgement or receipt of your
comments, you should enclose a stamped, self-addressed postcard or
envelop.
The Coast Guard is establishing a forty five-day comment period for
this proposed rule instead of the usual sixty-day comment period. The
shortened comment period should be sufficient to allow the public to
comment on the proposed rule. The shortened comment period is needed so
that the modification to the existing rule may be in place by the
beginning of the 1999 summer boating season. The Coast Guard will
consider all comments received during the comment period. It may change
this proposed rule in view of the comments.
The Coast Guard has scheduled a public hearing for 6 p.m.(AST),
March 26, 1999, at the Ted Ferry Civic Center, 888 Venetia Avenue,
Ketchikan, Alaska. Persons may request an additional public hearing by
writing to the Commander (To), Seventeenth Coast Guard District, at the
address under ADDRESSES. the request should include the reasons why an
additional hearing would be beneficial. It is determines that the
opportunity for additional oral presentations will aid this rulemaking,
the Coast Guard will hold an additional public hearing at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
During the last two years the Coast Guard and the Federal Aviation
Administration have held a series of public meetings in Ketchikan,
Alaska, to assess maritime traffic, congestion, safety, and wake
concerns in Tongass Narrows. The individuals and groups represented at
these meetings included recreational vessel operators, passenger vessel
operator, commercial fishing vessel operators, waterfront facility
managers, commercial freight vessel/barge operators, commercial tank
barge operators, commercial Kayak operators, floatplane operators,
charter vessel operator, and local residents.
[[Page 14415]]
Seven knot speed limit. The majority of the comments received at
these meetings indicated that the existing 7-knot speed limit was no
longer appropriate for the current navigational situation on Tongass
Narrows. A search of the National Archives and comments received
indicate that the original purpose of this speed restriction was to
control bank erosion and damage to rafted fishing vessels from large
wakes. In the forty plus years that this speed limit has been in
effect, the number and type of vessels transiting, mooring, and
anchoring in Tongass Narrows has changed considerably--with congestion
becoming a much greater problem. For example, on an average summer day
last year, traffic on Tongass Narrows consisted of more than 500
floatplane takeoffs and landings (in August 1998 the average was 526
takeoffs and landings per day), 173 charter boat transits, 22 small
passenger vessels transits, 5 large cruise ships transits with 1 or 2
at anchor, 150 fishing vessels plying their trade at 7 canneries, 4
barge/tug transits, 30 to 40 kayaks transits; and an unknown number of
recreation and transient boat traffic. These numbers are predicted to
increase by 3 to 4 percent during the 1999 tourist season.
Numerous comments criticized the present speed limit, noting that
it is impossible for floatplanes to comply with this restriction when
on the water because they must exceed this speed in order to take off
and land. Comments also noted that modern, small vessels with planing
hulls actually create less wake when operated at higher speeds.
Numerous comments thought that permitting smaller vessels to transit
more rapidly would decrease congestion by clearing vessel traffic more
quickly, while actually decreasing problems with the wakes from those
vessels.
Comments were also received favoring extension of the speed limit
zone to the north, as far as Channel Island, while clarifying the end
of the speed limit in the west channel of Tongass Narrows. The
extension northward was favored because it would help reduce in an area
that has become more heavily developed, with regular ferry transits and
significant floatplane traffic near the airport.
Large Vessel Anchorage. The operators of cruise ships commented
that the slow and often erratic transits of small vessels made the
maneuvering and anchoring of large cruise ships very difficult in the
present safety zone in Ketchikan Harbor. Although comments generally
favored relaxation of the speed limit for small vessels, there was
concern that increased speed, when combined with erratic maneuvering,
would actually worsen the situation for anchoring cruise ships.
Discussion of Proposed Rules
The proposed rule would modify the existing boundaries for the 7-
knot speed limit. Currently the 7-knot speed limit applies to water
traffic in the Tongass Narrows from Idaho Rock to Charcoal Point. This
provides adequate protection for facilities and vessels in the southern
portion of the narrows but not those located in the northern section.
The current regulation also covers all types and sizes of vessels and
does not make any allowances for floatplanes nor for smaller vessels
that do not typically cause a large wake. As proposed, the revised rule
would modify the geographical boundaries of the regulated area. The new
boundaries would be: Channel Island in the north part of the narrows;
Idaho Rock as the southermost boundary for the east channel; and West
Pennock Light 4 as the southermost boundary in the west channel. The
second change would be to add an exemption from the 7-knot speed limit
for floatplanes during landings and takeoffs and for vessels of 26 feet
or less in length.
By exempting smaller vessels and floatplanes from the speed limit,
the traffic congestion in all of Tongass Narrows (including the
northern section) should be eased. Without the speed limit for small
vessels, they would depart from, or transit through, the congested
areas more quickly. This is turn should ease congestion and reduce
navigational conflicts that have arisen between slow moving small boats
and cruise ships and other large waterway users. Large wakes would not
become a problem because the exemption is limited to smaller vessels
and because Tongass Narrows regularly experiences substantial wave
action (due to the large fetch in the Narrows) that is equivalent to
the wake from these smaller vessels. The speed limit is retained for
vessels over 26 feet because they commonly operate in the displacement
mode, in which case they generate considerable wake at higher speeds.
The proposed rule re-designates the present safety zone as an
anchorage ground and requires motorized vessels to proceed directly,
without delay or rapid course changes, while transiting through the
anchorage area. This should allow smaller vessels to rapidly move
through the area without slow or erratic maneuvers that create
difficulties for large vessels using the anchorage area.
Regulatory Evaluation
The proposed 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 proposed 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 is so because the regulation is designed to reduce present impacts
on waterway users of the existing speed limit. In regards to the
extension of the speed limit northward to Channel Island, operators of
larger vessels stated that their present practice is to slow down upon
reaching Channel Island, so the proposed change conforms to an existing
practice. In combination with the speed limit exemption for floatplanes
and vessels 26 feet and less in length, the overall impact should be
minimal. The new requirement to proceed directly, without erratic
maneuvering, through the anchorage area, is expected, in combination
with relaxation of the speed limit for small vessels, to result in less
congestion and quicker and safer transits for all users.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the
Coast Guard considers whether this proposed rule, if adopted, will have
significant economic impacts 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 Coast Guard believes there will be some impact to small
entities, but that it will be beneficial. This is so because the speed
limit is relaxed for smaller waterway users; i.e., floatplanes and
vessels 26 feet long and shorter, which eases their transit times and
thus benefits these users. This group includes many small charter plane
and charter fishing vessel operators. Although the Coast Guard is
unsure of the economic impacts on other users, it believes such impact
is generally beneficial because the combination of regulatory changes
should reduce congestion and navigational conflicts
[[Page 14416]]
throughout the waterway and make transits safer and faster for all user
groups. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If however, you think
your business or organization qualifies as a small entity and that this
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection-of-Information
This proposed 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 advance notice under the
principles and criteria contained in E.O. 12612 and has determined that
this proposed rule does not have sufficient implications for federalism
to warrant the preparation of a Federalisms Assessment.
Environment
The Coast Guard considered this proposal in accordance with
paragraph 2.B.2.b of COMDTINST M16475.1C (National Environmental Policy
Act--Implementing Procedures and Policy for Considering Environmental
Impacts), and concluded that there are no circumstances that indicate a
potential for significant effects. Therefore, the categorical exclusion
provided in figure 2-1, paragraph 34(g) of COMDTINST M16475.1C is
appropriate and no further environmental analysis or documentation is
required. A ``Categorical Exclusion'' and an ``Environmental Analysis
Checklist'' are available in docket for inspection or copying where
indicated under ADDRESSES.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 162
Navigation (water), Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 110, 162, and 165 as follows:
PART 162--[AMENDED]
1. The authority citation for part 162 continues to read a follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
2. Revise Sec. 162.240(b) to read as follows:
Sec. 162.240 Tongas Narrows, Alaska; Navigation.
* * * * *
(b) No vessel of over 26 feet in length, except for floatplanes
during landings and take-offs, shall exceed a speed of seven knots in
the region of Tongass Narrows bounded to the north by Channel Island
and to the south by Idaho Rock in the east channel of Tongass Narrows
and West Pennock Light 4 in the west channel of Tongass Narrows.
* * * * *
PART 165--[AMENDED]
PART 110--[AMENDED]
3. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 33 U.S.C. 2071; 33 CFR 1.05-1(g); 49
CFR 1.46. Section 110.1a and each section listed in it are also
issued under 33 U.S.C. 1223 and 1231.
Sec. 165.1705 [Redesignated as Sec. 110.231]
4. Section 165.1705 is redesignated as Sec. 110.23 and is revised
to read as follows:
Sec. 110.231 Ketchikan Harbor, Alaska, Large Passenger Vessel
Anchorage.
(a) The anchorage grounds, Ketchikan Harbor, Alaska, Large
Passenger Vessel Anchorage. The waters of Ketchikan Harbor, Ketchikan,
Alaska, enclosed by the following boundary lines: A line from Thomas
Basin Entrance Light ``2'', to East Channel Lighted Buoy ``4A'', to
Pennock Island Reef Lighted Buoy ``PR'', to Wreck Lighted Buoy ``WR6'',
then following a line bearing 064 degrees true to shore. This anchorage
is effective 24 hours per day from 1 May through 30 September,
annually.
(b) The regulations. (1) When transiting through the anchorage, all
vessels using propulsion machinery shall proceed across the anchorage
by the most direct route and without unnecessary delay. Sudden course
changes within the anchorage are prohibited.
(2) No vessels, other than a large passenger vessel over 1600 gross
tons (including ferries), may anchor within the anchorage without the
express consent of the Captain of the Port, Southeast Alaska.
A. Regalbuto,
Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard
District.
[FR Doc. 99-7270 Filed 3-22-99; 12:42 pm]
BILLING CODE 4910-15-M
