[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Rules and Regulations]
[Pages 63623-63624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30262]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 162

[CGD-94-026]
RIN 2115-AE78


Inland Waterways Navigation Regulations; Wrangell Narrows, AK

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is increasing the maximum width allowable for 
single barge tows transiting Wrangell Narrows, Alaska. In accordance 
with the goals of the Presidential Regulatory Reinvention Initiative, 
this action is being taken to better meet maritime industry needs in 
Southeast Alaska. The current size restriction for single barge tows in 
Wrangell Narrows is 80 feet in width overall. An increase in the 
maximum barge width to 100 feet in width overall will allow barge 
operators to carry more cargo on each barge to meet the increasing 
needs of their Alaskan consumers. Increasing the restriction to 100 
feet in width overall will have no adverse effects on navigation and 
marine safety in Wrangell Narrows.

EFFECTIVE DATE: January 11, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 94-026), 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001, or may be delivered to room 3406 at the above address 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Diane Schneider Appleby, Project 
Manager, (202) 267-0352.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On September 15, 1995, the Coast Guard published a notice of 
proposed rulemaking entitled Inland Waterways Navigation Regulations: 
Wrangell Narrows, Alaska in the Federal Register (60 FR 179). The Coast 
Guard received four comments on the proposal. No public meeting was 
requested, and none was held.

Background and Purpose

    Wrangell Narrows is a navigable waterway of the United States 
located in Southeast Alaska. It connects Frederick Sound on the north 
end to Sumner Strait on the south. It is approximately 24 miles long 
and narrows to 300 feet in five places. The longest of the 300 foot 
wide sections is approximately 5.5 nautical miles in length. The other 
four sections vary from approximately 600 yards to approximately 1.3 
nautical miles in length.
    The primary users of Wrangell Narrows are passenger ferries, log 
carriers, pleasure craft and container barges. Container barges are 
used to transport consumer goods throughout South East Alaska which is 
vital to the every day life of Alaskan citizens.
    The increased demand for consumer goods in Southeast Alaska has 
created a greater demand on providers of these goods. The current 
regulations limit the width of single barge tows allowed to 

[[Page 63624]]
transit Wrangell Narrows to no more than 80 feet in width overall. 
Increasing the maximum barge width which can transit Wrangell Narrows 
from 80 to 100 feet will allow barge operators to carry more containers 
per transit and enable them to more efficiently meet the needs of their 
Alaskan customers.
    Approximately 95,000 containers are shipped through Southeast 
Alaska each year on approximately 200 transits of Wrangell Narrows. 
Consumer goods are the primary cargo.
    Barges larger than 80 feet in width overall, cannot transit 
Wrangell Narrows without a waiver of the size restriction. If they 
cannot use Wrangell Narrows, they must transit through Chatham Strait 
around Cape Decision which increases the transit distance to the Gulf 
of Alaska by over 170 miles. Inclement weather, common in Southeast 
Alaska, often causes delays of as many as two or three days while barge 
operators wait for better weather to make the passage around Cape 
Decision. The risk of a marine casualty increases when transporting 
cargo in severe weather.
    Wrangell Narrows is wide enough, even in its narrowest sections, to 
allow for the safe transit of 100 foot wide barges. Alaska Marine Lines 
has been safely operating 100 foot wide single barge tows on Wrangell 
Narrows with as Coast Guard waiver since May 1994. Southeast Alaska 
relies heavily upon container barges to deliver consumer goods 
essential to the every day life of its residents. Allowing 100 foot 
wide single barge tows in Wrangell Narrows will eliminate all current 
requests for waivers from the width restriction and will reduce 
unnecessary weather-related delays of consumer good shipments to Alaska 
residents. It will also allow most single barge tows to operate in the 
protected waters of Wrangell Narrows during inclement weather.

Discussion of Comments

    The Coast Guard received four comments following the publication of 
the NPRM. Three comments were from barge operators and one was from a 
national trade association for the inland and coastal barge and towing 
industry. All of the comments received were in support of the proposed 
regulation for the following reasons:
    (1) The barge width increase will reduce the number of transits, 
improving marine safety in the Wrangell Narrows;
    (2) Barge freight will reach customers in a more timely manner 
since tow operators will be able to transit the Narrows rather than 
going the extra 170 miles around Cape Decision; and
    (3) The need to transit by way of Cape Decision during bad weather 
will be eliminated, avoiding the risk of weather-related accidents.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
Executive Order 12866 and is not significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). The Coast Guard has determined that a Regulatory 
Evaluation is unnecessary because of the minimal impact expected.

Small Entities

    Because the impact of this regulatory action is minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This regulatory action contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

    This rule has been analyzed in accordance with Executive Order No. 
12612 on Federalism (October 26, 1987), which requires Executive 
departments and agencies to be guided by certain fundamental federalism 
principles in formulating and implementing policies. These policies 
have been fully considered in the development of the proposed 
regulation. This final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal and concluded that this action is Categorically Excluded in 
accordance with section 2.B.2.e(34)(g) of the NEPA Implementing 
Procedures, COMDTINST M16475.2B. A copy of the categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 162

    Navigation (water), Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 162 as follows:

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

    1. The authority citation for part 162 continues to read as 
follows:

    Authority: 3 U.S.C. 1231; 49 CFR 1.46.

    2. In section 162.255, paragraph (e)(2) is revised to read as 
follows:


Sec. 162.255  Wrangell Narrows, Alaska; use, administration, and 
navigation.

* * * * *
    (e) * * *
    (2) Raft and barge tows of more than one unit shall not exceed 65 
feet in width overall. Single barge tows shall not exceed 100 feet in 
width overall.
* * * * *
    Dated: December 5, 1995.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety 
and Waterway Services.
[FR Doc. 95-30262 Filed 12-11-95; 8:45 am]
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