[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