[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8373]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162
[CGD09-94-004]
Temporary Amendment to Inland Waterways Navigation Regulations
Establishing Speed Limits on Connecting Waters From Lake Huron to Lake
Erie
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Commander of the Ninth Coast Guard District, in
cooperation with Canadian authorities, is renewing, with minor changes,
a temporary, trial regulation previously in effect during the 1993
navigation season. This temporary regulation, as before, amends the
speed limits on connecting waters from Lake Huron to Lake Erie. The
normal 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 it appears that the speed limits may
unnecessarily impede their passage. The temporary regulation allows
nondisplacement power vessels, less than 100 gross tons, to exceed the
normal speed limits subject to certain restrictions. Generally, the
minor changes in this version of the temporary regulation (in
comparison to the previous version of the temporary regulation) place
more restrictions on the use of the higher speeds by the operators of
the nondisplacement vessels in order to better ensure safe, effectively
regulated operations. The purpose of this temporary regulation, as
before, is to test the feasibility and safety of the operation of
nondisplacement vessels in the connecting waters from Lake Huron to
Lake Erie. During this period of continued trial, the Commander of the
Ninth Coast Guard District invites further public comment on this
regulation or future versions thereof for the purpose of either
amendments to this temporary regulation or for the purpose of
considering a permanent change to the standing regulations.
DATES: This regulation is effective at 12:01 a.m. on April 1, 1994 and
terminates at 12 midnight on November 30, 1994. Comments on this trial
during the 1994 navigation season must be received on or before October
31, 1994 in order to be considered in the drafting of a proposal for
permanent change to the standing regulations which the Commander of the
Ninth Coast Guard District may submit to the Commandant of the Coast
Guard in the fall of 1994.
ADDRESSES: Comments and supporting materials should be mailed or
delivered to the Chief of the Case Management & Port Safety Section,
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 wish
receipt of your mailed comment to be acknowledged, 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 (junior grade) Katherine E. Weathers, Chief of the Case
Management & Port Safety Section, 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 navigation season, or future
regulations of the same nature, on either a temporary or permanent
basis, are all invited. All comments received will be considered in any
proposal for a final rulemaking at the end of the 1994 navigation
season. The Coast Guard does not currently plan to have a public
hearing, but consideration will be given to holding such a hearing if
it is requested. Such a request should indicate how a public hearing
would contribute substantial information or views which cannot be
received in written form. If it appears that a public hearing would
substantially contribute to revisions or further refinements of this
rulemaking, the Coast Guard will announce such a hearing by a later
notice in the Federal Register.
Discussion of Comment Period
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this 1994 regulation, and good cause exists for
making it effective less than 30 days after Federal Register
publication. A notice of proposed rulemaking is unnecessary under 5
U.S.C. 553(b)(3)(B) because this regulation is simply a continuation,
with minor amendments, of the 1993 regulation noticed on January 13,
1993 (58 FR 4130) and promulgated on April 5, 1993 (58 FR 17526). The
minor amendments made in this version of the regulation reduce rather
than expand the scope of the operating exemptions granted by the prior
version. The Coast Guard published a Notice of Proposed Rulemaking for
the 1993 temporary rule and invited comments from the public. No
adverse comments were received. Repetition of the prior notice period
would be contrary to the public interest as well as unnecessary under 5
U.S.C. 553(b)(3)(B) because it would impede the further testing of a
commercial innovation which so far has proved to be safe without adding
significantly to the opportunity to make public comments. Additional
comments are invited during the continuation of the test period in the
1994 navigation season and the Commander of the Ninth Coast Guard
District will consider all comments received before November 1, 1994.
Finally, the requirement for 30 days notice before the effective
date of the regulation is not applicable under 5 U.S.C. 553(d)(1)
because this temporary action is a substantive action to ``relieve a
restriction'' on commerce otherwise imposed by the standing
regulations. This temporary regulation will lessen the restrictiveness
of the speed limits otherwise applicable to nondisplacement vessels in
the connecting waters from Lake Huron to Lake Erie in the absence of
any temporary regulation.
Background and Purpose
Current regulations in 33 CFR 162.138 which apply to connecting
waters from Lake Huron to Lake Erie set 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. The standing regulations were not
written to account for the substantially lesser wake-generating
characteristics of nondisplacement vessels. In fact, certain vessels
designed for nondisplacement operation would generate larger wakes at
the lower speeds now required because they would be forced to operate
in a displacement mode. During the 1993 navigation season, the
Commander of the Ninth Coast Guard District temporarily amended 33 CFR
162.138 in order to allow trial runs of nondisplacement vessels which
requested permission to operate in the nondisplacement mode in the area
(33 CFR 162.T139, 58 FR 17526, April 5, 1993). 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.
That trial period allowed nondisplacement vessels less than 100 gross
tons to operate in the nondisplacement mode at speeds not more than 40
statute miles per hour. 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. Also, it
should be noted that this amendment of the speed limit 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. No subsequent complaints of any kind were received by the
Canadian Coast Guard or the U.S. Coast Guard.
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 another temporary test period
during the 1994 navigation season. This new period will extend from
April 1, 1994 through November 30, 1994. During this time, the
Commander of the Ninth Coast Guard District will test the feasibility
of some minor refinements to the prior version of the temporary
regulation. Generally, these refinements place more conditions on the
use of the higher speeds by the operators of the nondisplacement
vessels in order to better ensure safe, effectively regulated
operations.
As before, the Commander of the Ninth Coast Guard District 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. 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. (The Canadian Coast Guard Central Region
is also stipulating that the higher speed limit will not be applicable
to certain harbors areas in Canada, particularly the harbor of Windsor,
Ontario.) Each vessel operator shall submit a schedule to the Captain
of the Port Detroit at least thirty days in advance for each
anticipated excursion. The schedule shall contain an itinerary for each
excursion including dates, arrival and departure times, all destination
points, and the nature of the excursion, i.e., passengers, no
passengers, etc. The vessel operator must then confirm each excursion
with the Captain of the Port Detroit between three and seven working
days prior to the intended date of the departure. This will give the
Captain of the Port time to anticipate potential conflicts with
scheduled marine events, and allow timely notice through a Broadcast
Notice to Mariners. Any excursion schedule not submitted within the
thirty day time frame may be subject to Captain of the Port
disapproval. These special provisions for nondisplacement vessels will
apply only during daylight hours, defined as sunrise to sunset. The
Captain of the Port or Commander, Ninth Coast Guard District may revoke
approval of operations at the increased speed for the remainder of the
navigation season due to an operator's failure to comply with any of
these requirements.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant (junior grade) Katherine E. Weathers and Commander M. Eric
Reeves, Project Managers, and Commander Robert G. Blythe, Project
Counsel.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c. of Coast Guard
Commandment 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 provided 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 temporary final rule is not considered a significant
regulatory action under Executive Order 12866 and is not significant
under the Department of Transportation Regulatory Policies and
Procedures (44 FR 11034 of February 26, 1979).
Small Entities
The economic impact of this regulation is expected to be so minimal
that a full 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
The 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
Navigation (water), Waterways.
Regulations
In consideration of the foregoing, the Coast Guard is amending part
162 of title 33, Code of Federal Regulations as follows:
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:
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, 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 or District Commander prior to each transit of the area.
(b) Except for provisions on overtaking other vessels, the
provisions in Sec. 162.134 continue to apply.
(c) Each vessel operator wishing to operate under the provisions of
this section shall submit a schedule to the Captain of the Port Detroit
at least thirty days in advance for each anticipated excursion.
(d) The schedule shall contain an itinerary for each excursion
including dates, arrival and departure times, all destination points,
and the nature of the excursion.
(e) The vessel operator must confirm each excursion with the
Captain of the Port Detroit no less than three and no more than seven
working days prior to the intended date of departure.
(f) The Captain of the Port Detroit or Commander, Ninth Coast Guard
District may deny approval for all future operations during the
navigation season due to an operator's failure to comply with any of
these requirements.
(g) This temporary section 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.
(h) This section becomes effective on 12:01 a.m. on April 1, 1994
and terminates on 12 midnight on November 30, 1994.
Dated: March 25, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-8373 Filed 4-6-94; 8:45 am]
BILLING CODE 4910-14-M
