[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Proposed Rules]
[Pages 14414-14416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7270]


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DEPARTMENT OF THE INTERIOR
DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110, 162, and 165

[CDG17-99-002]
RIN 2115-AF81


Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and 
Ketchikan, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes changes to the speed limit in Tongass 
Narrows. The present speed limit does not address the needs of 
floatplane traffic, may unnecessarily slow the transits of smaller 
vessels, and does not apply in the northern portions of Tongass Narrows 
where traffic congestion and wake from larger vessels has become a 
concern. The proposal would extend the speed limit area northward in 
Tongass Narrows to Channel Island, allow the take-off and landing of 
floatplanes, and allow smaller vessels to transit crowed areas to 
Tongass Narrows more quickly, thereby reliving congestion. The Coast 
Guard also proposes redesignation of the safety zone in Ketchikan 
Harbor as an anchorage ground. Vessels transiting the anchorage ground, 
other than those engaged in anchoring evolutions, would be required to 
proceed through the anchorage by the most direct route without delay or 
sudden course changes. The present designation of this areas as a 
safety zone does not reflect its actual use as an anchorage for large 
passenger vessels. The slow or erratic operation of small vessels in 
the present safety zone has made it very difficult for large vessels to 
safely maneuver to and from anchor. The requirement that transiting 
vessels proceed through the anchorage directly, without delay or sudden 
course changes, will make the final approach, anchoring, and departure 
of very large passenger vessels, safer for the vessels involved.

DATES: Comments must reach the Coast Guard by May 10, 1999.
    The public hearing will be held on March 26, 1999, at 6 p.m. (AST).

ADDRESSES: You may mail comments to the Commander (mo), Seventeenth 
Coast Guard District, P.O. Box 25517, Juneau, Alaska 99802-5517, or 
deliver them to the Federal Building, 709 West 9th Street, sixth floor, 
room 661, Juneau Alaska between 8 a.m. and 5 p.m., Monday through 
Friday, except Federal Holidays. The telephone number is 907-463-2242. 
the Seventeenth Coast Guard District, Maritime Operations Division, 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this and 
will be available for inspection or copying at room 66, between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    The public hearing will be held at the Ted Ferry Civic Center, 888 
Venetia Avenue, Ketchikan, Alaska.

FOR FURTHER INFORMATION CONTACT:
For information concerning this rulemaking, call Lieutenant P.W. Clark, 
Supervisor, U.S. Coast Guard Marine Safety Detachment, Ketchikan, AK, 
telephone 907-225-4496.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting written data, views, or arguments. Persons submitting 
comments should include their names and addresses, identify this 
rulemaking (CGD17-99-002) and the specific section of this document to 
which each comments applies, and give the reason for each comment. 
Please submit two copies of all comment and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you want acknowledgement or receipt of your 
comments, you should enclose a stamped, self-addressed postcard or 
envelop.
    The Coast Guard is establishing a forty five-day comment period for 
this proposed rule instead of the usual sixty-day comment period. The 
shortened comment period should be sufficient to allow the public to 
comment on the proposed rule. The shortened comment period is needed so 
that the modification to the existing rule may be in place by the 
beginning of the 1999 summer boating season. The Coast Guard will 
consider all comments received during the comment period. It may change 
this proposed rule in view of the comments.
    The Coast Guard has scheduled a public hearing for 6 p.m.(AST), 
March 26, 1999, at the Ted Ferry Civic Center, 888 Venetia Avenue, 
Ketchikan, Alaska. Persons may request an additional public hearing by 
writing to the Commander (To), Seventeenth Coast Guard District, at the 
address under ADDRESSES. the request should include the reasons why an 
additional hearing would be beneficial. It is determines that the 
opportunity for additional oral presentations will aid this rulemaking, 
the Coast Guard will hold an additional public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    During the last two years the Coast Guard and the Federal Aviation 
Administration have held a series of public meetings in Ketchikan, 
Alaska, to assess maritime traffic, congestion, safety, and wake 
concerns in Tongass Narrows. The individuals and groups represented at 
these meetings included recreational vessel operators, passenger vessel 
operator, commercial fishing vessel operators, waterfront facility 
managers, commercial freight vessel/barge operators, commercial tank 
barge operators, commercial Kayak operators, floatplane operators, 
charter vessel operator, and local residents.

[[Page 14415]]

    Seven knot speed limit. The majority of the comments received at 
these meetings indicated that the existing 7-knot speed limit was no 
longer appropriate for the current navigational situation on Tongass 
Narrows. A search of the National Archives and comments received 
indicate that the original purpose of this speed restriction was to 
control bank erosion and damage to rafted fishing vessels from large 
wakes. In the forty plus years that this speed limit has been in 
effect, the number and type of vessels transiting, mooring, and 
anchoring in Tongass Narrows has changed considerably--with congestion 
becoming a much greater problem. For example, on an average summer day 
last year, traffic on Tongass Narrows consisted of more than 500 
floatplane takeoffs and landings (in August 1998 the average was 526 
takeoffs and landings per day), 173 charter boat transits, 22 small 
passenger vessels transits, 5 large cruise ships transits with 1 or 2 
at anchor, 150 fishing vessels plying their trade at 7 canneries, 4 
barge/tug transits, 30 to 40 kayaks transits; and an unknown number of 
recreation and transient boat traffic. These numbers are predicted to 
increase by 3 to 4 percent during the 1999 tourist season.
    Numerous comments criticized the present speed limit, noting that 
it is impossible for floatplanes to comply with this restriction when 
on the water because they must exceed this speed in order to take off 
and land. Comments also noted that modern, small vessels with planing 
hulls actually create less wake when operated at higher speeds. 
Numerous comments thought that permitting smaller vessels to transit 
more rapidly would decrease congestion by clearing vessel traffic more 
quickly, while actually decreasing problems with the wakes from those 
vessels.
    Comments were also received favoring extension of the speed limit 
zone to the north, as far as Channel Island, while clarifying the end 
of the speed limit in the west channel of Tongass Narrows. The 
extension northward was favored because it would help reduce in an area 
that has become more heavily developed, with regular ferry transits and 
significant floatplane traffic near the airport.
    Large Vessel Anchorage. The operators of cruise ships commented 
that the slow and often erratic transits of small vessels made the 
maneuvering and anchoring of large cruise ships very difficult in the 
present safety zone in Ketchikan Harbor. Although comments generally 
favored relaxation of the speed limit for small vessels, there was 
concern that increased speed, when combined with erratic maneuvering, 
would actually worsen the situation for anchoring cruise ships.

Discussion of Proposed Rules

    The proposed rule would modify the existing boundaries for the 7-
knot speed limit. Currently the 7-knot speed limit applies to water 
traffic in the Tongass Narrows from Idaho Rock to Charcoal Point. This 
provides adequate protection for facilities and vessels in the southern 
portion of the narrows but not those located in the northern section. 
The current regulation also covers all types and sizes of vessels and 
does not make any allowances for floatplanes nor for smaller vessels 
that do not typically cause a large wake. As proposed, the revised rule 
would modify the geographical boundaries of the regulated area. The new 
boundaries would be: Channel Island in the north part of the narrows; 
Idaho Rock as the southermost boundary for the east channel; and West 
Pennock Light 4 as the southermost boundary in the west channel. The 
second change would be to add an exemption from the 7-knot speed limit 
for floatplanes during landings and takeoffs and for vessels of 26 feet 
or less in length.
    By exempting smaller vessels and floatplanes from the speed limit, 
the traffic congestion in all of Tongass Narrows (including the 
northern section) should be eased. Without the speed limit for small 
vessels, they would depart from, or transit through, the congested 
areas more quickly. This is turn should ease congestion and reduce 
navigational conflicts that have arisen between slow moving small boats 
and cruise ships and other large waterway users. Large wakes would not 
become a problem because the exemption is limited to smaller vessels 
and because Tongass Narrows regularly experiences substantial wave 
action (due to the large fetch in the Narrows) that is equivalent to 
the wake from these smaller vessels. The speed limit is retained for 
vessels over 26 feet because they commonly operate in the displacement 
mode, in which case they generate considerable wake at higher speeds.
    The proposed rule re-designates the present safety zone as an 
anchorage ground and requires motorized vessels to proceed directly, 
without delay or rapid course changes, while transiting through the 
anchorage area. This should allow smaller vessels to rapidly move 
through the area without slow or erratic maneuvers that create 
difficulties for large vessels using the anchorage area.

Regulatory Evaluation

    The proposed 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This is so because the regulation is designed to reduce present impacts 
on waterway users of the existing speed limit. In regards to the 
extension of the speed limit northward to Channel Island, operators of 
larger vessels stated that their present practice is to slow down upon 
reaching Channel Island, so the proposed change conforms to an existing 
practice. In combination with the speed limit exemption for floatplanes 
and vessels 26 feet and less in length, the overall impact should be 
minimal. The new requirement to proceed directly, without erratic 
maneuvering, through the anchorage area, is expected, in combination 
with relaxation of the speed limit for small vessels, to result in less 
congestion and quicker and safer transits for all users.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considers whether this proposed rule, if adopted, will have 
significant economic impacts on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard believes there will be some impact to small 
entities, but that it will be beneficial. This is so because the speed 
limit is relaxed for smaller waterway users; i.e., floatplanes and 
vessels 26 feet long and shorter, which eases their transit times and 
thus benefits these users. This group includes many small charter plane 
and charter fishing vessel operators. Although the Coast Guard is 
unsure of the economic impacts on other users, it believes such impact 
is generally beneficial because the combination of regulatory changes 
should reduce congestion and navigational conflicts

[[Page 14416]]

throughout the waterway and make transits safer and faster for all user 
groups. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If however, you think 
your business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection-of-Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this advance notice under the 
principles and criteria contained in E.O. 12612 and has determined that 
this proposed rule does not have sufficient implications for federalism 
to warrant the preparation of a Federalisms Assessment.

Environment

    The Coast Guard considered this proposal in accordance with 
paragraph 2.B.2.b of COMDTINST M16475.1C (National Environmental Policy 
Act--Implementing Procedures and Policy for Considering Environmental 
Impacts), and concluded that there are no circumstances that indicate a 
potential for significant effects. Therefore, the categorical exclusion 
provided in figure 2-1, paragraph 34(g) of COMDTINST M16475.1C is 
appropriate and no further environmental analysis or documentation is 
required. A ``Categorical Exclusion'' and an ``Environmental Analysis 
Checklist'' are available in docket for inspection or copying where 
indicated under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 162

    Navigation (water), Waterways.

33 CFR Part 165

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

Proposed Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 110, 162, and 165 as follows:

PART 162--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    2. Revise Sec. 162.240(b) to read as follows:


Sec. 162.240  Tongas Narrows, Alaska; Navigation.

* * * * *
    (b) No vessel of over 26 feet in length, except for floatplanes 
during landings and take-offs, shall exceed a speed of seven knots in 
the region of Tongass Narrows bounded to the north by Channel Island 
and to the south by Idaho Rock in the east channel of Tongass Narrows 
and West Pennock Light 4 in the west channel of Tongass Narrows.
* * * * *

PART 165--[AMENDED]

PART 110--[AMENDED]

    3. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 33 U.S.C. 2071; 33 CFR 1.05-1(g); 49 
CFR 1.46. Section 110.1a and each section listed in it are also 
issued under 33 U.S.C. 1223 and 1231.


Sec. 165.1705  [Redesignated as Sec. 110.231]

    4. Section 165.1705 is redesignated as Sec. 110.23 and is revised 
to read as follows:


Sec. 110.231  Ketchikan Harbor, Alaska, Large Passenger Vessel 
Anchorage.

    (a) The anchorage grounds, Ketchikan Harbor, Alaska, Large 
Passenger Vessel Anchorage. The waters of Ketchikan Harbor, Ketchikan, 
Alaska, enclosed by the following boundary lines: A line from Thomas 
Basin Entrance Light ``2'', to East Channel Lighted Buoy ``4A'', to 
Pennock Island Reef Lighted Buoy ``PR'', to Wreck Lighted Buoy ``WR6'', 
then following a line bearing 064 degrees true to shore. This anchorage 
is effective 24 hours per day from 1 May through 30 September, 
annually.
    (b) The regulations. (1) When transiting through the anchorage, all 
vessels using propulsion machinery shall proceed across the anchorage 
by the most direct route and without unnecessary delay. Sudden course 
changes within the anchorage are prohibited.
    (2) No vessels, other than a large passenger vessel over 1600 gross 
tons (including ferries), may anchor within the anchorage without the 
express consent of the Captain of the Port, Southeast Alaska.
A. Regalbuto,
Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard 
District.
[FR Doc. 99-7270 Filed 3-22-99; 12:42 pm]
BILLING CODE 4910-15-M