[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49310-49311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23520]



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DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD 95-005]


Area To Be Avoided Off the Washington Coast

AGENCY: Coast Guard, DOT.

ACTION: Notice of results of public meeting and request for comments.

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SUMMARY: The Coast Guard recently held a public meeting and requested 
written comments on whether the applicability of the Area To Be Avoided 
off the Washington Coast should be expanded to include vessels other 
than those carrying cargoes of oil or hazardous materials. The Area To 
Be Avoided, as adopted by the International Maritime Organization, 
recommends that all ships, including barges, carrying cargoes of oil or 
hazardous materials avoid the area. Based on the information received 
at the public hearing and in the written comments, the Coast Guard has 
determined that changes to the applicability of the Area To Be Avoided 
are not warranted at this time.

ADDRESSES: Written comments and the transcript of the public meeting 
are available for inspection or copying at Coast Guard Headquarters, 
2100 Second Street, SW., room 3406, Washington, DC 20593; Thirteenth 
Coast Guard District, 915 Second Avenue, Room 3410, Seattle, WA 98174; 
and at the Olympic Coast National Marine Sanctuary, 138 W. First 
Street, Port Angeles, WA 98362-2600 between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Ms. Margie G. Hegy, Project Manager, Vessel Traffic Services Division, 
phone (202) 267-0415. This telephone is equipped to take messages on a 
24-hour basis.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 1994, the Maritime Safety Committee of the 
International Maritime Organization (IMO) adopted the Area To Be 
Avoided off the Washington Coast (ATBA), recommending that all ships, 
including barges, carrying cargoes of oil or hazardous materials avoid 
the area. The ATBA, which was established to reduce the risk of marine 
casualty and resulting pollution and damage to the environment of the 
Olympic Coast National Marine Sanctuary, became effective on June 7, 
1995. The boundaries of the ATBA do not overlay the Sanctuary 
boundaries, but are in close proximity.
    On January 27, 1995, the Coast Guard published a request for 
comments and notice of meeting in the Federal Register (60 FR 5454) to 
obtain comment on whether the ATBA should apply to additional 
categories of vessels. Forty-two people attended the meeting, which was 
held on February 23, 1995, in Seattle, Washington. In response to 
comments, on March 6, 1995, the Coast Guard published a notice in the 
Federal Register (60 FR 12276) to extend the comment period until April 
17, 1995.
    The eighteen attendees who made oral statements at the meeting 
represented the Olympic Coast National Marine Sanctuary, Coalition of 
Washington Ocean Fishermen, Washington Public Ports Association, 
American Waterways Operators, Washington Environmental Council, Mayor 
of City of Hoquiam, Port of Grays Harbor, American Factory Trawler 
Association, Washington State Department of Ecology, Washington State 
Office of Marine Safety, Puget Sound Steamship Operators, Arctic Storm, 
Inc., Tyson Seafood Group, Jones Stevedoring Company, Makah Tribal 
Council, United Catcher Boats, Port of Seattle, and the Center for 
Marine Conservation. In addition to the oral statements, the Coast 
Guard received 48 written comments from individuals, the fishing 
industry, charter boat owners and operators, vessel associations, 
shipping agents, environmental organizations, ports officials, Chambers 
of Commerce, Congress of the United States, Washington State 
Legislature, and city, county, state, and Federal Government agencies. 
Six of the eighteen speakers also provided written 

[[Page 49311]]
comments. Over 50% of the written comments were from people who derive 
a significant portion of their income from fish caught within the 
boundaries of the ATBA. Fifteen of the speakers at the meeting and 45 
of the 48 written comments were opposed to any changes to the ATBA; 5 
commenters requested change in the applicability of the ATBA.

Discussion of Comments

Comments Recommending Changes

    Five commenters recommended that the categories of vessels to which 
the ATBA applies be expanded. One commenter noted that the ATBA applies 
to only 15 percent of vessels that currently navigate the area. One 
commenter recommended that all vessels and barges, in addition to those 
carrying oil or hazardous materials as cargo, avoid the area. Four 
commenters want all vessels over 500 gross tons to avoid the area, and 
two of these commenters would exempt fishing, military vessels, nature 
tour vessels, and tugs pulling barges carrying non-hazardous cargoes.
    Four commenters were concerned with the consequences of a spill of 
large amounts of bunker fuel. They noted that the tank vessels and 
barges to which the ATBA currently applies are not the only vessels 
carrying large quantities of oil. They specifically mentioned 
freighters and bulk carriers which carry large quantities of bunker 
fuel. One commenter stated that 55 percent of the vessels, navigating 
in the area and greater than 80,000 dead weight tons, are bulk 
carriers. When inspected by the Washington State Office of Marine 
Safety, 59 percent of these vessels had deficiencies. These commenters 
believed that age and poor condition of these ships, and the history of 
oil spills and the environmental sensitivity of the area are ample 
reasons to expand the applicability of the ATBA to additional vessels.

Comments Recommending No Change

    On behalf of the National Oceanic and Atmospheric Administration 
(NOAA) Office of Ocean and Coastal Resource Management, the Olympic 
Coast National Marine Sanctuary Manager stated that the original ATBA 
proposal was aimed at providing enhanced protection from the greatest 
threat to Sanctuary resources, i.e., vessels carrying cargoes of oil or 
hazardous materials. NOAA also stated that the Sanctuary is not an 
exclusion area and that safe marine transportation and commercial 
fishing are two commercial uses compatible with sanctuary designation.
    Commenters generally agreed that the ATBA as adopted should not be 
changed. These commenters were generally concerned that any changes 
would adversely impact trade competitiveness and jobs in struggling 
coastal Washington communities. They felt that expanding the 
applicability of the ATBA to additional categories of vessels would 
adversely affect current and future users of this area who depend on it 
for fishing, recreation, and maritime trade. They were also concerned 
about the safety of any additional vessels recommended to operate 
outside the ATBA boundaries which might increase the crossing or 
meeting situations and the probability of vessel collisions.
    Economic Concerns: Commenters who wanted no change in the 
applicability of the ATBA discussed a variety of issues concerning the 
economic competitiveness of Washington ports. They stated that marine 
transportation is a crucial part of the state's economy and the ability 
to compete in the full range of shipping markets would be compromised 
by an expansion of the applicability of the ATBA. They were 
particularly concerned that Washington ports could lose their natural 
advantage in cargo movements to Asia, South America and other regions. 
Commenters also stated that changing the applicability of the ATBA 
would adversely affect the loggers. Due to the drop in log exports, 
only partial loads are being taken by vessels calling in a Columbia 
River port, Grays Harbor, and a Puget Sound port. Additionally, if the 
ATBA were not available for use by fishing vessels, it would adversely 
affect their ability to maintain family-wage jobs.
    Safety Concerns: Commenters discussed the following factors as 
affecting safety of additional vessels operating outside the ATBA: (1) 
Sea state and weather changes outside the ATBA; (2) increased 
probability of vessel collisions immediately west of the ATBA boundary 
if vessels currently operating in the ATBA remain outside; (3) 
increased transit time caused by operating outside the ATBA could 
result in vessels operating at higher speeds to make up time lost; and, 
(4) interference between commercial vessel traffic and military 
operations.

Conclusion

    The Coast Guard has carefully considered all the comments received 
and concludes that expanding the applicability of the ATBA to include 
vessels and barges other than those carrying cargoes of oil or 
hazardous materials is not justified at this time.

    Dated: September 15, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation, Safety and 
Waterway Services.
[FR Doc. 95-23520 Filed 9-21-95; 8:45 am]
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