[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19352-19354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9528]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162
[CGD09-95-007]
Inland Waterways Navigation Regulations: Speed Limits on
Connecting Waters From Lake Huron to Lake Erie
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Commander of the Ninth Coast Guard District, in
cooperation with Canadian authorities, is temporarily amending the
speed limits on connecting waters from Lake Huron to Lake Erie. A
similar temporary rule was in effect during the 1993 and 1994
navigation seasons. The speed limits in this area are determined in
large part by concerns about wake damage. However, lesser wakes are
created by nondisplacement power vessels and those speed limits may
unnecessarily impede their passage. This temporary rule will allow
nondisplacement power vessels, less than 100 gross tons, to exceed the
normal speed limits subject to certain restrictions.
DATES: This regulation is effective at 12:01 a.m. on April 1, 1995 and
terminates at 12 midnight on November 30, 1995. Comments must be
received on or before May 31, 1995.
ADDRESSES: Comments and supporting materials should be mailed or
delivered to Lieutenant Katherine Weathers, Assistant Chief of the
Marine Port and Environmental Safety Branch, Ninth Coast Guard
District, Room 2069, 1240 East Ninth Street, Cleveland, Ohio 44199-
2060, (216) 522-3994. Please reference the name of the proposal and the
docket number in the heading above. If you desire acknowledgment of
your mailed comment, please include a stamped self-addressed envelope
or postcard for that purpose. Comments and materials received will be
available for public inspection at the above location from 9 a.m. to 3
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine E. Weathers, Assistant Chief of the Marine Port
and Environmental Safety Branch, Ninth Coast Guard District, (216) 522-
3994.
SUPPLEMENTARY INFORMATION:
Request for Comments
Comments on this regulation, including comments on the prior
version in effect during the 1993 and 1994 navigation seasons, are
invited. A public hearing is not anticipated, however will be
considered if specific requests are received. Requests should indicate
how such a hearing would [[Page 19353]] contribute information or views
which cannot be received in written form. Additionally, if it appears
that a public hearing would contribute to revisions or further
refinements of the rulemaking, the Coast Guard may decide that a
hearing is appropriate, and will notice the public via the Federal
Register.
Discussion of Comment Period
A notice of proposed rulemaking was not published for this
temporary regulation, and good cause exists, pursuant to 5 U.S.C.
553(b)(3)(B), for making it effective less than 30 days after Federal
Register publication. A notice of proposed rulemaking is unnecessary
because this regulation is, with minor amendments, the same as the 1994
regulation promulgated on April 7, 1994 (59 FR 16563). No adverse
comments were received during the 1994 trial period.
Additionally, further delay this season would hamper commerce by
delaying temporary regulatory relief for small businesses. Therefore,
30 days notice is not required under 5 U.S.C. 553(d)(1) because this
rule is a substantive action which ``relieves a restriction'' on
commerce.
Background and Purpose
Current regulations in 33 CFR 162.138 which apply to connecting
waters from Lake Huron to Lake Erie set the maximum speed for vessels
20 meters or more in length at limits ranging from 4 to 12 statute
miles per hour in various areas. One of the primary purposes of these
speed regulations is to limit wake damage, but they were not written to
account for the substantially lesser wake-generating characteristics of
nondisplacement vessels. In fact, certain vessels designed for
nondisplacement operation which have conducted test operations in the
waterway would generate larger wakes at the lower speed now required
because they would be forced to operate in a displacement mode. During
the 1993 and 1994 navigation season, the Commander of the Ninth Coast
Guard District temporarily amended 33 CFR 162.138 in order to allow
trial runs of these nondisplacement vessels (58 FR 17526, April 5, 1993
and 59 FR 16563, April 7, 1994). A corresponding exemption was granted
by the Central Region of the Canadian Coast Guard, which has authority
over the Canadian waters in the same area. During the 1993 trial
period, one complaint was received alleging excessive wake. Upon
investigation, it appeared that the vessel gave the impression of
creating an excessive wake because of its relatively high rate of speed
during a sharp turn. The Coast Guard was unable to determine if in fact
an excessive wake was generated in that one case. There was no damage,
and the operator agreed to modify similar maneuvers in the future in
order to avoid any problem. No subsequent complaints of any kind were
received by the Canadian Coast Guard or the U.S. Coast Guard. During
the 1994 trial period, there were no complaints received by either the
Canadian Coast Guard or the U.S. Coast Guard. It should be noted that
this proposed temporary amendment to the speed regulations for
nondisplacement vessels does not in any way excuse the general
obligation to exercise good seamanship when maneuvering in close
quarters or the responsibility for damage which might be caused by a
wake which is excessive in a location close to other vessels or shore
structures.
With concurrence from the Director General of the Canadian Coast
Guard Central Region, the Commander of the Ninth Coast Guard District
considers it appropriate to institute this temporary regulation. This
temporary regulation will assist commerce by allowing nondisplacement
vessel operators to commence operation for the 1995 navigation season
while awaiting the adoption of a permanent amendment to these
regulations. A Notice of Proposed Rulemaking for a permanent change was
published in the Federal Register on March 27, 1995. The Coast Guard is
setting an upper limit of 40 statute miles per hour for nondisplacement
vessels 20 meters or more in length but less than 100 gross tons, and
is allowing such nondisplacement vessels to overtake other vessels when
otherwise safe. All other navigational regulations will remain in
force, and the use of this temporary rule for nondisplacement vessels
is subject to the prior approval of the Captain of the Port in order to
insure that the special rule is only used by vessels which are of
suitable design and which are in fact operated safely in this waterway.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant Katherine E. Weathers, and Commander M. Eric Reeves, Project
Managers, Ninth Coast Guard District Marine Safety Division, and
Lieutenant Karen E. Lloyd, Project Counsel, Ninth Coast Guard District
Legal Office.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B, it is categorically excluded from
further environmental documentation.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this regulation does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment. This regulation
does not impose any new regulatory requirements in an area not
heretofore regulated by the Federal Government, and does not impose any
requirements or restrictions on State or local authorities. This
regulation specifically provides that it does not preempt any state or
local law or regulation setting a lower speed limit applicable to
nondisplacement vessel in areas under the jurisdiction of such state or
local authority.
Regulatory Evaluation
This regulation is considered to be non-major under Executive Order
12866 on Regulatory Planning and regulatory policies and procedures (44
FR 11034 February 26, 1979).
Small Entities
The economic impact of this regulation is expected to be so minimal
that a full regulatory evaluation is unnecessary. In fact, the Coast
Guard is making this amendment in part in order to avoid causing the
existing regulations to have an unintended economic impact on a new
mode of commercial operation. Since the impact of this regulation is
expected to be minimal, the Coast Guard certifies that, if adopted, it
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 162
Inland waterways, Navigation.
Regulations
In consideration of the foregoing, the Coast Guard is amending part
162 of title 33, Code of Federal Regulations as follows:
PART 162--[AMENDED]
1. The authority citation for part 162 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
2. A temporary Sec. 162.T139 is added as follows: [[Page 19354]]
Sec. 162.T139 Nondisplacement vessels under 100 gross tons.
(a) Notwithstanding Secs. 162.134 and 162.138(a), nondisplacement
vessels 20 meters or more in length but under 100 gross tons may
operate in the nondisplacement mode at speeds not more than 40 miles
per hour (34.8 knots) and may overtake other vessels--
(1) during daylight hours (sunrise to sunset),
(2) when conditions otherwise safely allow, and
(3) when approval has been granted by the Coast Guard Captain of
the Port, Detroit or Commander of the Ninth Coast Guard District prior
to each transit of the area.
(b) In this section, nondisplacement mode means a mode of operation
in which the vessel is supported by hydrodynamic forces, rather than
displacement of its weight in the water, to an extent such that the
wake which would otherwise be generated by the vessel is significantly
reduced.
(c) The Captain of the Port or the District Commander may deny
approval for operations under paragraph (a) of this section if it
appears that the design and operating characteristics of the vessels in
question are not safe for the designated waterways, or if it appears
that operations under this section have become unsafe for any reason.
(d) This section becomes effective at 12:01 a.m. on April 1, 1995
and terminates at 12 midnight on November 30, 1995.
Dated: March 30, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 95-9528 Filed 4-17-95; 8:45 am]
BILLING CODE 4910-14-M
