[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15734-15736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7370]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 162

[CGD09-95-002]
RIN 2115-AF04


Amendment to Inland Waterways Navigation Regulations Establishing 
Speed Limits on Connecting Waters From Lake Huron to Lake Erie

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the speed limits for 
vessels, less than 100 gross tons, operating in the nondisplacement 
mode on connecting waters from Lake Huron to Lake Erie. The normal 
speed limits in this area are determined in large part by concerns 
about wake damage. However, lesser wakes are created by nondisplacement 
vessels and it appears that the normal speed limits unnecessarily 
impede their passage. The Coast Guard allowed nondisplacement vessels 
to operate at higher speeds under similar conditions during two 
temporary test periods from April 1, 1993 to November 30, 1994, with 
satisfactory results. The Coast Guard invites public comment on this 
proposed regulation.

DATES: Comments must be received on or before May 26, 1995.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to Lieutenant Katherine E. Weathers, Assistant Chief, Port 
and Environmental Safety Branch, Ninth Coast Guard District, Room 2069, 
1240 E. Ninth street, Cleveland, Ohio, 44199-2060. Please reference the 
name of the proposal and the docket number in the heading above. If you 
wish receipt of your mailed comment to be acknowledged, please include 
a stamped self-addressed envelope or postcard for that purpose. 
Comments and materials received will be available for public inspection 
at the above location from 9:00 a.m. to 3:00 p.m. Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine E. Weathers, Assistant Chief, Port and 
Environmental Safety Branch, Ninth Coast Guard District, Room 2069, 
1240 E. Ninth Street, Cleveland, Ohio, 44199-2060, (216) 522-3994.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments which may consist of data, 
views, arguments, or proposals for amendments to the proposed 
regulations. The Coast Guard does not currently plan to have a public 
hearing. however, consideration will be given to holding a public 
hearing if it is requested. Such a request should indicate how a public 
hearing would contribute substantial information or views which cannot 
be received in written form. If it appears that a public hearing would 
contribute to this rulemaking, the Coast Guard will announce such a 
hearing by a later notice in the Federal Register. The Coast Guard will 
consider all comments received before the closing date indicated above, 
and may amend or revoke this proposal in response to such comments.
Background and Purpose

    Current regulations in 33 CFR 162.138 which apply to connecting 
waters from Lake Huron to Lake Erie set the maximum speed for vessels 
20 meters or more in length at limits ranging from 4 to 12 statute 
miles per hour in various areas. One of the primary purposes of these 
speed regulations is to limit wake damage, but they were not written to 
account for the substantially lesser wake-generating characteristics of 
nondisplacement vessels. In fact, certain vessels designed for 
nondisplacement operation which have conducted test operations in the 
waterway would generate larger wakes at the lower speed now required 
because they would be forced to operate in a displacement mode. Also, 
the vessels which have conducted test operations in the waterway 
operate in a nondisplacement mode by means of a planing action on a 
catamaran hull, thus obtaining a hydrodynamic lift without use of 
projecting foils, and have demonstrated their suitability for safe 
operation in confined and relatively shallow areas. During the 1993 and 
1994 navigation season, the Commander of the Ninth Coast Guard District 
temporarily amended 33 CFR 162.138 in order to allow trial runs of 
these nondisplacement vessels (33 CFR 162.T139, 58 FR 17526, April 5, 
1993 and 59 FR 16563 April 7, 1994). A corresponding exemption was 
granted by the Central Region of the Canadian Coast Guard, which has 
authority over the Canadian waters in the same area. The two year trial 
period has proven successful and the Coast Guard has therefore 
determined that there should now be a permanent amendment to the 
regulations in order to prevent an unnecessary restriction on the 
operation of such vessels. The trial period allowed 
[[Page 15735]] nondisplacement vessels less than 100 gross tons to 
operate in the nondisplacement mode at speeds of not more than 40 
statute miles per hour. During the 1993 trial period, one complaint was 
received alleging excessive wake. Upon investigation, it appeared that 
the vessel gave the impression of creating an excessive wake because of 
its relatively high rate of speed during a sharp turn. The Coast Guard 
was unable to determine if in fact an excessive wake was generated in 
that one case. There was no damage, and the operator agreed to modify 
similar maneuvers in the future in order to avoid any problem. No 
subsequent complaints of any kind were received by the Canadian Coast 
Guard or the U.S. Coast Guard. During the 1994 trial period, there were 
no complaints received by either the Canadian Coast Guard or the U.S. 
Coast Guard. It should be noted that this proposed amendment to the 
speed regulations for nondisplacement vessels does not in any way 
excuse the general obligation to exercise good seamanship when 
maneuvering in close quarters or the responsibility for damage which 
might be caused by a wake which is excessive in a location close to 
other vessels or shore structures.
    Therefore, based on this successful trial period, and the 
concurrence from the Director General of the Canadian Coast Guard 
Central Region, the U.S. Coast Guard is now proposing a permanent 
change to the speed regulations.
    The Coast Guard is setting an upper limit of 40 statute miles per 
hour for nondisplacement vessels 20 meters or more in length but less 
than 100 gross tons, and is allowing such nondisplacement vessels to 
overtake other vessels when otherwise safe. All other navigational 
regulations will remain in force, and the use of this special rule for 
nondisplacement vessels is subject to the prior approval of the Captain 
of the Port in order to insure that the special rule is only used by 
vessels which are of suitable design and which are in fact operated 
safely in this waterway.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Katherine E. Weathers, Assistant Chief of the Port and 
Environmental Safety Branch, and Commander M. Eric Reeves, Chief of the 
Port and Environmental Safety Branch.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, it is categorically excluded from 
further environmental documentation, and has so certified in the docket 
file.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this regulation does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment. This regulation 
is not intended to preempt any state or local regulation which may also 
be applicable to vessels operating in the nondisplacement mode.

Regulatory Evaluation

    This regulation is considered to be nonsignificant under Executive 
Order 12866 on Regulatory Planning and Review and nonsignificant under 
Department of Transportation regulatory policies and procedures (44 FR 
11034 of February 26, 1979). The Coast Guard expects the economic 
impact of this rule be so minimal that a full Regulatory Evaluation 
under paragraph 10e is unnecessary.

Small Entities

    The economic impact of this regulation is expected to be so minimal 
that a full regulatory evaluation is unnecessary. Since the impact of 
this regulation is expected to be minimal, the Coast Guard certifies 
that, if adopted, it will not have a significant economic impact on a 
substantial number of small entities. The effect of this regulation is 
to ease what has now been determined to be an unnecessarily restrictive 
regulation as applied to one business developing the use of 
nondisplacement vessels in the area.

Collection of Information

    This regulation will impose no collection of information 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 162

    Inland waterways, Navigation.

Regulations

    In consideration of the foregoing the Coast Guard proposes to amend 
Part 162 of title 33, Code of Federal Regulations 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. In Sec. 162.134, paragraph (f) is added to read as follows:


Sec. 162.134  Connecting waters from Lake Huron to Lake Erie; traffic 
rules.

* * * * *
    (f) The prohibitions in this section on overtaking in certain areas 
do not apply to vessels operating in the nondisplacement mode. In this 
section, ``nondisplacement mode'' means a mode of operation in which 
the vessel is supported by hydrodynamic forces, rather than 
displacement of its weight in the water, to an extent such that the 
wake would otherwise be generated by the vessel is significantly 
reduced.
    3. Section 162.138 is revised to read as follows:


Sec. 162.138  Connecting waters from Lake Huron to Lake Erie; speed 
rules.

    (a) (1) Maximum speed limit for vessels in normal displacement 
mode. Except when required for the safety of the vessel or any other 
vessel, vessels of 20 meters or more in length operating in normal 
displacement mode shall proceed at a speed not greater than--
    (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot 
Light and St. Clair Flats Canal Light 2;
    (ii) 12 statute miles per hour (10.4 knots) between Peche Island 
Light and Detroit River Light; and
    (iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
    (2) The maximum speed limit is 5.8 statute miles per hour (5 knots) 
in the navigable channel south of Peche Island (under Canadian 
jurisdiction).
    (b) Maximum speed limit for vessels operating in nondisplacement 
mode.) Except when required for the safety of the vessel or any other 
vessel, vessels 20 meters or more in length but under 100 gross tons 
operating in the nondisplacement mode and meeting the requirements set 
out in paragraph (c) of this section, may operate at a speed not 
exceeding 40 miles per hour (34.8 knots)--
    (1) During daylight hours (sunrise to sunset),
    (2) When conditions otherwise safely allow, and
    (3) When approval has been granted by the Coast Guard Captain of 
the Port, Detroit or Commander of the Ninth Coast Guard District prior 
to each transit of the area. In this section, ``nondisplacement mode'' 
means a mode of operation in which the vessel is supported by 
hydrodynamic forces, rather than displacement of its weight in the 
water, to an extent such that the wake which would otherwise be 
generated by the vessel is significantly reduced. [[Page 15736]] 
    (c) The Captain of the Port or the District Commander may deny 
approval for operations under paragraph (b) of this section if it 
appears that the design and operating characteristics of the vessels in 
question are not safe for the designated waterways, or if it appears 
that operations under this special rule have become unsafe for any 
reason.
    (d) Temporary speed limits. The District Commander may temporarily 
establish speed limits or temporarily amend existing speed limit 
regulations on the waters described in Sec. 162.130(a).

    Dated: March 1, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth District Guard 
District.
[FR Doc. 95-7370 Filed 3-24-95; 8:45 am]
BILLING CODE 4910-14-M