[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Rules and Regulations]
[Pages 29554-29558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13935]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110, 162, and 165
[CGD17-99-002]
RIN 2115-AF81
Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and
Ketchikan, AK
AGENCY: Coast Guard, DOT.
ACTION: Interim rule; request for comments.
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SUMMARY: The Coast Guard has changed the portions of Tongass Narrows
that have a seven-know speed limit. The interim rule will extend seven-
knot speed limit approximately 1600 yards northward in Tongass Narrows,
to Tongass Narrows Buoy 9, to reduce wakes near the airport where
floatplanes take off and land. Non-commercial, open skiffs are exempted
to allow them to transit crowded areas of Tongass Narrows more quickly,
thereby relieving congestion. The speed limit boundaries on the
southern end of Tongass Narrows are moved northward, reducing the size
of the speed limit zone to the south. This rule also re-designates the
safety zone in Ketchikan Harbor as an anchorage ground to reflect its
actual use as an anchorage for large passenger vessels and require that
transiting vessels proceed through the anchorage directly, without
delay or sudden course changes, to make the final approach,
[[Page 29555]]
anchoring, and departure of very large passenger vessels, safer for the
vessels involved.
DATES: The interim rule becomes effective June 2, 1999. Comments
regarding this interim rule must be received by November 30, 1999.
A public hearing will be held on August 27, 1999 at 7 p.m. (AST).
ADDRESSES: You may mail comments to the Commander (mo), Seventeenth
Coast Guard District, PO 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 4 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
docket and will be available for inspection or copying at room 661,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
The public hearing will be held at the Ted Ferry Civil Center, 888
Venetia Avenue, Ketchikan, Alaska.
FOR FURTHER INFORMATION CONTACT: For information concerning this
document, call Lieutenant P.W. Clark, Supervisor, U.S. Coast Guard
Marine Safety Detachment, Ketchikan, Alaska, 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 comment applies, and give the reason for each 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. If you want acknowledgement of receipt of your
comments, you should enclose a stamped, self-addressed postcard or
envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this interim rule in view of the
comments.
The Coast Guard has scheduled a public hearing for 7 p.m. (AST),
August 26, 1999, at the Ted Ferry Civil Center, 888 Venetia Ave.,
Ketchikan, Alaska.
Persons may request an additional public hearing by writing to
Commander (mo), Seventeenth Coast Guard District at the address under
ADDRESSES. The request should include the reasons why an additional
hearing would be beneficial. If it 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.
Regulatory History
On March 25, 1999, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Anchorage ground, safety zone, speed
limit, Tongass Narrows and Ketchikan, AK'' in the Federal Register (64
FR 14414). The Coast Guard received 8 letters, including two petitions,
regarding the proposed rule during a 45-day comment period. A public
hearing was held on March 26th at the Ted Ferry Civic Center in
Ketchikan, AK.
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
operators, commercial fishing vessel operators, commercial kayak
operators, floatplane operators, charter vessel operators, and local
residents.
The Notice of Proposed Rulemaking proposed changes to the seven-
knot speed limit on Tongass Narrows. The existing speed limit did not
address the needs of floatplane traffic, may have unnecessarily slowed
the transits of smaller vessels, and did not apply in the northern
portions of Tongass Narrows where traffic congestion and wake from
larger vessels had become a concern. The proposed changes extended the
speed zone northward to Channel Island, but exempted vessels of 26 feet
or less in length.
The Notice of Proposed Rulemaking also proposed to re-designate 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
redesignation of the area would reflect its actual use as an anchorage
for large passenger vessels. The slow or erratic operation of small
vessels in the former 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, would make the final approach,
anchoring, and departure of very large passenger vessels, safer for the
vessels involved.
Discussion of Comments and Changes
The Coast Guard received comments from 134 persons regarding the
proposed rule. The comments included oral comments made at the public
meeting, 2 petitions with multiple signatures, 5 letters from small
businesses and 1 letter from a private individual. Responses to these
comments and changes made in the proposed rule are discussed in the
following paragraphs.
The most frequent comments addressed the northward extension of the
seven-knot boundary to Channel Island. Of the 134 persons that
commented on the proposed rule (several persons commented on multiple
aspects of the proposed rule), 129 commented on the northward
extension. Three comments favored the proposed extension of the seven-
knot boundary to Channel Island. Six comments were opposed to any
extension of the seven-knot boundary; and 120 comments favored a slight
extension of the zone. One hundred and five persons stated that an
extension of Wolf Point would be appropriate. Fifteen persons stated
that an extension to Tongass Narrows Buoy 9 was needed but to extend
the zone no further than Tongass Narrows Lighted Buoy 10.
These comments also raised the concern of possible financial impact
on the charter sport fishing industry. This was due to the proposed
extension of the seven-knot zone boundary northward 3 nautical miles to
Channel Island, which may have increased charter vessel transit time by
as much as 50 minutes during a 5-hour charter. The Coast Guard believes
that an extension of the current boundary from Charcoal Point,
northward, is necessary to provide a safe operating area for the
Ketchikan International Airport Ferry, for floatplanes using the
Ketchikan International Airport floatplane facility and for vessels
using the facilities at Petro Alaska's fuel pier. The Coast Guard
agrees that an extension of the seven-knot zone to Tongass Narrows Buoy
9 would satisfy these safety concerns. Additionally, this northerly
extension of the boundary (approximately 1600 yards) results in an
increase in transit time of just 13 minutes round trip (for a vessel
that would otherwise have traveled at 21
[[Page 29556]]
knots). The Coast Guard believes that the economic impact of this small
increase in transit time on the charter sport fishing industry or other
vessels is minor when considering the enhanced safety benefits provided
to floatplanes, ferry traffic and fueling operations.
Two persons commented on the southern boundaries of the seven-knot
speed limit. One comment stated that the existing boundary of Idaho
Rock was appropriate. One comment recommended modifying the southern
boundaries in the east channel, to the Coast Guard Base; and in the
west channel, to a line running from East Clump light to Pennock Reef
light to the southern most point of Radenbough Cove on Pennock Island.
The Coast Guard, after due consideration, agrees that the southern
boundaries of the zone can be reduced. The southern boundaries of the
speed zone are moved northward approximately 1000 yards in the east
channel and 3000 yards in the west channel. The new boundaries will be
marked by Tongass Narrows East Channel Regulatory Buoy and Tongass
Narrows West Channel Regulatory Buoy, respectively. These buoys are
white, cylindrical buoys with an orange line at the top and bottom and
an orange circle containing the words ``7 knots''.
The Coast Guard believes that the decrease in transit times for
charters in the southern reaches of Tongass Narrows more than offsets
the slight increase in transit time for charters in the northern
reaches of Tongass Narrows.
Twenty comments were received regarding the size exemption for
vessels 26 feet or under. Of these comments, 15 were in the form of a
petition and stated that there should be an exemption for planing hull
vessels. This suggested exemption would allow planing hull vessels 26
feet or under in length to operate at any speed within the seven-knot
zone and would create a speed corridor for planing hull vessels from
26-40 feet in length from Tongass Narrows Buoy 9 to Channel Island.
This petition favored keeping the seven-knot speed limit for
displacement hull vessels and extending the limit for displacement hull
vessels to Channel Island. The petition also stated that the proposed
rule would create a financial advantage for those charter operators
using vessels of 26 feet in length or less. One comment recommended
reducing the size of the exempted vessels to 24 feet and one favored an
exemption for only open skiffs. One comment received favored an
exemption for planing hull vessels and vessels of 26 feet or less in
length; and 2 comments recommended keeping the 26 feet or less length
limit for all vessels, regardless of hull type.
Additionally, several comments were received that pointed out that
the 26 feet or less exemption split the charter sport fishing industry
and provided an unfair advantage to those persons running charters on
vessels of 26 feet in length or less.
The Coast Guard agrees that the proposed rule would unintentionally
create an unfair advantage for a portion of the charter sport fishing
industry. The Coast Guard considered the recommendations to exempt
planing hull vessels from the seven-knot speed limit but does not
agree. This is because an exemption based on hull type would most
likely split the charter or other commercial fishing fleets and cause
unfair economic advantages. In addition, an exemption based on hull
type would be very difficult to enforce due to the variety of hull
types and nomenclature. Therefore, the Coast Guard has changed the
exemptions in the interim rule to read ``no vessel, except floatplanes
during landings and take-offs and non-commercial, open skiffs of less
than 20 feet in length shall exceed a speed of seven-knots * * *''
Two comments were received regarding the re-designation of the
safety zone to an anchorage. One comment was in favor of the change and
the other questioned if the proposed change would impact the waterfront
operation. The Coast Guard intends for this rule to allow free and
unrestricted access to waterfront facilities as is the current
practice. This portion of the rule remains unchanged.
No comments were received concerning the exemption of floatplans
during take-offs and landings. This portion of the rule remains
unchanged.
One hundred and five comments were received regarding the degree
and focus of enforcement of the existing seven-knot rule. The Coast
Guard recognizes the need for fair and equitable enforcement and
anticipates the interim rule will help achieve these ends.
One comment was received regarding the removal of 2 underwater
obstructions. This comment is outside the scope of this rule making and
is therefore not addressed in the interim rule. The comment was
forwarded to the U.S. Army Corps of Engineers for review and
consideration.
Discussion of Interim Rule
The interim rule changes the existing seven-knot speed zone on
Tongass Narrows. The new speed zone is bounded on the north by Tongass
Narrows Buoy 9; marked by a green can buoy located at the northwest end
of the Ketchikan International Airport. The southern boundaries are
reduced in the east channel to a point just northwest of the City of
Saxman at approximate position 55 deg.19' 22.0'' N, 131 deg.36'40.5''
W, and in the west channel at approximate position 55 deg.19' 28.5'' N,
131 deg.39'09.7'' W. A regulatory buoy, that is white with an orange
line at the top and bottom and an orange circle with the words ``7
knots'', will mark these positions.
The interim rule exempts ``non-commercial, open skiffs of less than
20 feet in length'' from the seven-knot speed limit. The existing rule
was applicable to all vessels regardless of size or type. Because of
the unique nature of Tongass Narrows, many of the local residents must
commute between the islands in small open skiffs. These commuters may
have to make numerous trips each day regardless of weather. The
existing rule caused undue delay and may have caused increased safety
risks for this class of vessels. The proposed rule attempted to exempt
vessels 26 feet in length or less but had the unintended affect of
splitting the charter sport fishing industry; thereby giving a
competitive advantage to smaller charter vessels. The Coast Guard
agrees that this economic impact is unacceptable and has withdrawn that
exemption from the interim rule.
By exempting ``non-commercial, open skiffs of less than 20 feet in
length'', the traffic congestion in the affected areas of Tongass
Narrows should be eased and the safety of the non-commercial operators
in open skiffs enhanced. With the exemption for these entities, they
will be able to depart from, or transit through the congested areas
more quickly. This in turn should ease congestion and reduce
navigational conflicts that have arisen between slow moving small boats
and cruise ships and other large waterway users and will allow them to
spend less time on the water during periods of inclimate weather. Large
wakes would not become a problem because the exemption is limited to
smaller vessels and because Tongass Narrows regularly experiences
substantial wave action that is equivalent to the wake from these
smaller vessels. The speed limit will be retained for all other
vessels, except floatplanes.
Due to safety considerations, the Coast Guard has determined there
is good cause to make this rule effective immediately upon publication
instead of waiting the usual 30-day period required by 5 U.S.C. 553(d).
The immediate implementation is needed so that the interim rule may be
in place by the beginning of the 1999 summer boating season.
[[Page 29557]]
The Coast Guard encourages persons to comment on the effectiveness
of the interim rule, especially during the busy summer season. The
Coast Guard will review all written comments received and oral comments
made at the public hearing and will consider these comments prior to
the publishing of the Final Rule in the fall of 1999.
Regulatory Evaluation
This interim 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 interim 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 because the regulation is designed to reduce the impacts of the
speed limit upon waterway users. With regards to the northward
extension of the seven-knot zone, the majority of the comments received
on the proposed rule recognized the need for a slow speed area in the
vicinity of the Ketchikan International Airport Ferry Terminal and the
Ketchikan International Airport Floatplane Facility, but objected to
the full extension to Channel Island. After reviewing the comments
submitted and listening to the oral arguments, the Coast Guard
concurred and has revised the northern boundary. The Coast Guard also
reduced the boundaries on the southern end of the zone to further
reduce the impact of the present regulation to vessel operators. The
new requirement to proceed directly, without erratic maneuvering,
through the anchorage area, is expected, in combination with the
relaxation of the speed limit for non-commercial open skiffs, to result
in less congestion and quicker and safer transits for all users over
the course of the summer season.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this interim rule 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 may be some impact to small
entities, but that it will be minimal or non-existent, based on the
extensive comments received from the charter sport fishing industry.
This is because the area bounded by the seven-knot zone is reduced
substantially on the southern end and is extended only slightly in the
northern portion of Tongass Narrows. This reduction in the overall size
of the speed zone will ease the transit times of the charter sport
fishing community. Although no comment was received regarding the
economic impacts on other users, the Coast Guard believes such impact
will generally be beneficial because the combination of regulatory
changes should reduce congestion and navigational conflicts throughout
the waterway and make transits safer and more efficient for all user
groups. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities. If however, you think that 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 interim 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 interim rule under the principles
and criteria contained in E.O. 12612 and has determined that this
interim rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this interim
rule and concluded that under figure 2-1, paragraph (34)(g) of
COMDTINST M18475.1C, this interim rule is categorically excluded from
further environmental documentation because it establishes a regulated
navigation area. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093;
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This rule will not impose an
unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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 record
keeping requirements, Security Measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 162 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. Revise Sec. 162.240(b) to read as follows:
Sec. 162.240 Tongass Narrows, Alaska; navigation.
* * * * *
(b) No vessel, except for floatplanes during landings and take-offs
and non-commercial, open skiffs of less than 20
[[Page 29558]]
feet in length, shall exceed a speed of seven knots in the region of
Tongass Narrows East Channel Regulatory Buoy at position
55 deg.19'22.0'' N 131 deg.36'40.5'' W and Tongass Narrows West Channel
Regulatory Buoy at position 55 deg.19'28.5'' N 131 deg.39'09.7'' W,
respectively.
* * * * *
PART 110--[AMENDED]
PART 165--[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.
4. 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),
6.04-6, and 160.5; 49 CFR 1.46. Section 165.100 is also issued under
the authority of sec. 311, Pub. L. 105-383.
Sec. 165.1705 [Redesignated as Sec. 110.231 and revised]
5. Section 165.1705 is redesignated as Sec. 110.231 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 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 of over 1600
gross tons, (including ferries), may anchor within the anchorage
without the express consent of the Captain of the Port, Southeast
Alaska.
Dated: May 14, 1999.
A. Regalbuto,
Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard
District.
[FR Doc. 99-13935 Filed 6-1-99; 8:45 am]
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