[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35701-35702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16959]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162
[CGD-09-95-002]
RIN 2115-AF04
Amendment to Inland Waterways Navigation Regulations Establishing
Speed Limits on Connecting Waters From Lake Huron to Lake Erie
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the existing speed limits for vessels,
less than 100 gross tons, operating in the nondisplacement mode 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 vessels.
The Coast Guard allowed nondisplacement vessels to operate at higher
speeds during two temporary test periods from April 1, 1993 to November
30, 1994, with satisfactory results.
EFFECTIVE DATE: This rule is effective July 11, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Dave Sprunt, Chief, Case Management Section, Ninth Coast
Guard District, Room 2069, 1240 E. Ninth Street, Cleveland, Ohio,
44199-2060, (216) 522-3994.
SUPPLEMENTARY INFORMATION: On March 27, 1995, the Coast Guard published
a Notice of Proposed Rulemaking (NPRM) regarding this regulation (60 FR
15734). A 60 day comment period was provided and interested persons
were invited to submit comments during that period. No comments were
received.
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. 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 (33 CFR 162.T139), 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. The two year trial period has proven
successful and the Coast Guard has therefore determined that there
should now be a permanent amendment to the regulations in order to
prevent an unnecessary restriction on the operation of such vessels. It
should be noted that this 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.
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 special 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, Assistant Chief of the Port and
Environmental Safety Branch, and Commander M. Eric Reeves, Chief of
the Port and Environmental Safety Branch.
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, and has so certified in the docket
file.
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
is not intended to preempt any state or local regulation which may also
be applicable to vessels operating in the nondisplacement mode.
Regulatory Evaluation
This regulation is considered to be nonsignificant under Executive
Order 12866 on Regulatory Planning and Review and nonsignificant under
Department of Transportation regulatory policies and procedures (44 FR
11034 of February 26, 1979). The Coast Guard expects the economic
impact of this rule be so minimal that a full Regulatory Evaluation
under paragraph 10e is unnecessary.
Small Entities
The economic impact of this regulation is expected to be so minimal
that a full regulatory evaluation is unnecessary. 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. The effect of this regulation is
to ease what has now been determined to be an unnecessarily restrictive
regulation as applied to one business developing the use of
nondisplacement vessels in the area.
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. In Sec. 162.134, paragraph (f) is added to read as follows:
Sec. 162.134 Connecting waters from Lake Huron to Lake Erie; traffic
rules.
* * * * *
(f) The prohibitions in this section on overtaking in certain areas
do not apply to vessels operating in the nondisplacement mode. 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
[[Page 35702]]
the water, to an extent such that the wake which would otherwise be
generated by the vessel is significantly reduced.
3. Section 162.138 is revised to read as follows:
Sec. 162.138 Connecting waters from Lake Huron to Lake Erie; speed
rules.
(a) Maximum speed limit for vessels in normal displacement mode.
(1) Except when required for the safety of the vessel or any other
vessel, vessels of 20 meters or more in length operating in normal
displacement mode shall proceed at a speed not greater than--
(i) 12 statute miles per hour (10.4 knots) between Fort Gratiot
Light and St. Clair Flats Canal Light 2;
(ii) 12 statute miles per hour (10.4 knots) between Peche Island
Light and Detroit River Light; and
(iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
(2) The maximum speed limit is 5.8 statute miles per hour (5 knots)
in the navigable channel south of Peche Island (under Canadian
jurisdiction).
(b) Maximum speed limit for vessels operating in nondisplacement
mode. (1) Except when required for the safety of the vessel or any
other vessel, vessels 20 meters or more in length but under 100 gross
tons operating in the nondisplacement mode and meeting the requirements
set out in paragraph (c) of this section, may operate at a speed not
exceeding 40 miles per hour (34.8 knots)--
(i) During daylight hours (sunrise to sunset);
(ii) When conditions otherwise safely allow; and
(iii) 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.
(2) 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) Unsafe vessels. The Captain of the Port or the District
Commander may deny approval for operations under paragraph (b) 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) Temporary speed limits. The District Commander may temporarily
establish speed limits or temporarily amend existing speed limit
regulations on the waters described in Sec. 162.130(a).
Dated: June 20, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-16959 Filed 7-10-95; 8:45 am]
BILLING CODE 4910-14-M
