[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15734-15736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7370]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 162
[CGD09-95-002]
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the 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 and it appears that the normal speed limits unnecessarily
impede their passage. The Coast Guard allowed nondisplacement vessels
to operate at higher speeds under similar conditions during two
temporary test periods from April 1, 1993 to November 30, 1994, with
satisfactory results. The Coast Guard invites public comment on this
proposed regulation.
DATES: Comments must be received on or before May 26, 1995.
ADDRESSES: Comments and supporting materials should be mailed or
delivered to Lieutenant Katherine E. Weathers, Assistant Chief, Port
and Environmental Safety Branch, Ninth Coast Guard District, Room 2069,
1240 E. Ninth street, Cleveland, Ohio, 44199-2060. 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 9:00 a.m. to 3:00 p.m. Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine E. Weathers, Assistant Chief, Port and
Environmental Safety Branch, Ninth Coast Guard District, Room 2069,
1240 E. Ninth Street, Cleveland, Ohio, 44199-2060, (216) 522-3994.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting comments which may consist of data,
views, arguments, or proposals for amendments to the proposed
regulations. The Coast Guard does not currently plan to have a public
hearing. however, consideration will be given to holding a public
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
contribute to this rulemaking, the Coast Guard will announce such a
hearing by a later notice in the Federal Register. The Coast Guard will
consider all comments received before the closing date indicated above,
and may amend or revoke this proposal in response to such comments.
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. Also,
the vessels which have conducted test operations in the waterway
operate in a nondisplacement mode by means of a planing action on a
catamaran hull, thus obtaining a hydrodynamic lift without use of
projecting foils, and have demonstrated their suitability for safe
operation in confined and relatively shallow areas. 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. The trial period allowed
[[Page 15735]] nondisplacement vessels less than 100 gross tons to
operate in the nondisplacement mode at speeds of 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. 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 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.
Therefore, based on this successful trial period, and the
concurrence from the Director General of the Canadian Coast Guard
Central Region, the U.S. Coast Guard is now proposing a permanent
change to the speed regulations.
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 proposes to amend
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 the water, to an extent such that the
wake 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) (1) Maximum speed limit for vessels in normal displacement
mode. 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.) 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)--
(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. 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. [[Page 15736]]
(c) 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 special rule 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: March 1, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth District Guard
District.
[FR Doc. 95-7370 Filed 3-24-95; 8:45 am]
BILLING CODE 4910-14-M