[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23659-23661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11210]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-003]
RIN-AE94


Puget Sound and Adjacent Waters, WA-regulated Navigation Area

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is permanently 
amending a local regulation governing navigation in Puget Sound and 
adjacent waters, Washington. This amendment corrects an administrative 
error which unintentionally omitted the District Commander's authority 
to grant waivers from the rule excluding tankers over 125,000 dead 
weight tons from operating in Puget Sound, Puget Sound Vessel Traffic 
Service's (VTS) authority to grant deviations from the requirement that 
vessels keep the center of the precautionary areas to port, and 
emergency authority for masters, pilots, and others to deviate from the 
requirement that vessels keep the center of the precautionary areas to 
port. This deviation authority was inadvertently omitted when the 
Vessel Traffic Service regulations were amended in 1994.

DATES: This rule is effective on July 30, 1997, unless the Coast Guard 
receives written adverse comments or written notice of intent to submit 
adverse comments on or before June 30, 1997. If the Coast Guard 
receives written adverse comment or written notice of intent to submit 
adverse comments, the Coast Guard will publish a timely withdrawal of 
all or part of this direct final rule.

ADDRESSES: Comments may be mailed or delivered to U.S. Coast Guard, 
Thirteenth Coast Guard District, Marine Safety Division, 915 Second 
Avenue, room 3506, Seattle, WA 98174-1067. Normal office hours are 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    The Marine Safety Division maintains the public docket for this 
rule making. Comments will become part of this docket and will be 
available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Lieutenant T. G. Favreau, Compliance 
Branch Chief, U.S. Coast Guard, Thirteenth Coast Guard District, Marine 
Safety Division, telephone (206) 220-7224.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Any comments must identify the names and address of the person 
submitting the comment, specify the rule making docket (CGD 13-97-003) 
and the specific section of this rule to which each comment applies, 
and give the reason for each specific comment. Please submit two copies 
of all comments and attachments in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days prior to the effective date, the 
Coast Guard will publish a document in the Federal Register stating 
that no adverse comment was received and confirming that this rule will 
become effective as scheduled. However, if the Coast Guard receives 
written adverse comment or written notice of intent to submit adverse 
comment, the Coast Guard will publish a document announcing withdrawal 
of all or part of this direct final rule. If adverse comments apply to 
only part of this rule, and it is possible to remove that part without 
defeating the purpose, the Coast Guard may adopt as final those parts 
of this rule for which no adverse comments were received. The part of 
this rule that was the subject of adverse comment will be withdrawn. If 
the Coast Guard decides to proceed with a rulemaking following receipt 
of adverse comments, a separate Notice of Proposed Rule Making (NPRM) 
will be published and a new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    By this direct final rule, the Coast Guard is amending 33 CFR part 
165 to

[[Page 23660]]

correct a drafting error which inadvertently omitted (1) the District 
Commander's authority to grant waivers from the rule excluding tankers 
over 125,000 dead weight tons from operating in Puget Sound, (2) Puget 
Sound Vessel Traffic Service's (VTS) authority to grant deviations from 
the requirement that vessels keep the center of the precautionary areas 
to port, and (3) emergency authority for masters, pilots, and others to 
deviate from the requirement that vessels keep the center of the 
precautionary areas to port. When the requirements of 33 CFR 161.143 
and 33 CFR 161.152(b) were combined into 33 CFR 165.1303, the deviation 
authority previously contained in 33 CFR 161.108 and 33 CFR 161.110 was 
inadvertently omitted. (See CGD 90-020, 59 FR 36335, July 15, 1994.) 
This amendment merely reinstates that deviation authority originally 
granted to the Thirteenth Coast Guard District Commander and to the 
Puget Sound VTS.
    As amended in 1994, the current regulations do not allow for tank 
vessels over 125,000 dead weight tons to enter Puget Sound and adjacent 
waters. This direct final rule permanently amends 33 CFR 165.1303 to 
allow the Thirteenth Coast Guard District Commander to grant waivers 
for such tank vessels in the regulated navigation area if the proposed 
deviation from the rules provides an adequate level of safety. Under 
this amendment, the Coast Guard expects that tank vessels in this 
category would be allowed to enter Puget Sound only for cleaning or 
repair with a tug escort.
    This amendment also allows the VTS to authorize deviation from the 
requirements to keep the center of the precautionary areas to port when 
operating in a precautionary area in Puget Sound. Such deviations are 
occasionally needed in order to prevent collisions and groundings and 
to protect the navigable waters of the VTS Area from environmental harm 
resulting from collisions and groundings.
    Finally, this amendment allows the master, pilot, and others 
directing the movement of vessel to deviate from the requirement to 
keep the center of the precautionary area to port in an emergency 
situation, if such emergency deviation is immediately reported to the 
Vessel Traffic Center.

Discussion of Rules

    The Coast Guard is permanently amending 33 CFR 165.1303--Puget 
Sound and adjacent waters, WA-regulated navigation area. Section 
165.1303 is amended by revising paragraph (b)(2) and adding new 
paragraphs (c)(1), (c)(2), and (c)(3).

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that full Regulatory Evaluation under paragraph 
10.e of the regulatory policies and procedures of DOT is unnecessary, 
because an ability to deviate will not create any economic impact. This 
conclusion is based on the fact that this direct final rule only 
reinstates and clarifies what was inadvertently omitted when 33 CFR 
161.108 was merged into 33 CFR 165.1303. It also provides the potential 
for greater flexibility for the operation of tank vessels in Puget 
Sound.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rule making is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    Reinstatement of this section will have no economic impact on small 
entities because it merely restores the deviation authority originally 
in place for operation of tank vessels larger than 125,000 deadweight 
tons in a regulatory navigation area and allows for greater flexibility 
in vessel operations in the VTS Area. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this change will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.34(g) of Commandant 
Instruction M1675.1B (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. Section 2.B.2.e.34(g) of that instruction requires an 
Environmental Analysis Checklist and a Categorical Exclusion 
Determination to be prepared for regulatory activity of this type. Both 
the Environmental Analysis Checklist and the Categorical Exclusion 
Determination are available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 165.1303 as follows:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. In Sec. 165.1303, paragraph (b)(2) is revised and paragraph (c) 
is added to read as follows:


Sec. 165.1303  Puget Sound and adjacent waters, WA-regulated navigation 
area.

* * * * *
    (b) * * *
    (2) Commander, Thirteenth Coast Guard District may, upon written 
request, issue an authorization to deviate from paragraph (b)(1) of 
this section if it is determined that such deviation provides an 
adequate level of safety. Any application for authorization must state 
the need and fully describe the proposed procedure.
    (c) Precautionary Area Regulations.
    (1) A vessel in a precautionary area which is depicted on National 
Oceanic and Atmospheric Administration (NOAA) nautical charts, except 
precautionary ``RB'' (a circular area of 2,500 yards radius centered at 
48-26'24'' N., 122-45'12'' W.), must keep the center of the 
precautionary area to port.

    Note: The center of precautionary area ``RB'' is not marked by a 
buoy.

    (2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal

[[Page 23661]]

request, authorize a onetime deviation from paragraph (c)(1) of this 
section for a voyage, or part of a voyage, if the proposed deviation 
provides a level of safety equivalent to or beyond that provided by the 
required procedure. The deviation request must be made well in advance 
to allow the requesting vessel and the Vessel Traffic Center (VTC) 
sufficient time to assess the safety of the proposed deviation. 
Discussions between the requesting vessel and the VTC should include, 
but are not limited to, information on the vessel handling 
characteristics, traffic density, radar contacts, and environmental 
conditions.
    (3) In an emergency, the master, pilot, or person directing the 
movement of the vessel may deviate from paragraph (c)(1) of this 
section to the extent necessary to avoid endangering persons, property, 
or the environment, and shall report the deviation to the VTC as soon 
as possible.

    Dated: April 14, 1997.
J. David Spade,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 97-11210 Filed 4-30-97; 8:45 am]
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