[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19352-19354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9528]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162

[CGD09-95-007]


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander of the Ninth Coast Guard District, in 
cooperation with Canadian authorities, is temporarily amending the 
speed limits on connecting waters from Lake Huron to Lake Erie. A 
similar temporary rule was in effect during the 1993 and 1994 
navigation seasons. The speed limits in this area are determined in 
large part by concerns about wake damage. However, lesser wakes are 
created by nondisplacement power vessels and those speed limits may 
unnecessarily impede their passage. This temporary rule will allow 
nondisplacement power vessels, less than 100 gross tons, to exceed the 
normal speed limits subject to certain restrictions.

DATES: This regulation is effective at 12:01 a.m. on April 1, 1995 and 
terminates at 12 midnight on November 30, 1995. Comments must be 
received on or before May 31, 1995.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to Lieutenant Katherine Weathers, Assistant Chief of the 
Marine Port and Environmental Safety Branch, Ninth Coast Guard 
District, Room 2069, 1240 East Ninth Street, Cleveland, Ohio 44199-
2060, (216) 522-3994. Please reference the name of the proposal and the 
docket number in the heading above. If you desire acknowledgment of 
your mailed comment, 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 a.m. to 3 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine E. Weathers, Assistant Chief of the Marine Port 
and Environmental Safety Branch, Ninth Coast Guard District, (216) 522-
3994.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Comments on this regulation, including comments on the prior 
version in effect during the 1993 and 1994 navigation seasons, are 
invited. A public hearing is not anticipated, however will be 
considered if specific requests are received. Requests should indicate 
how such a hearing would [[Page 19353]] contribute information or views 
which cannot be received in written form. Additionally, if it appears 
that a public hearing would contribute to revisions or further 
refinements of the rulemaking, the Coast Guard may decide that a 
hearing is appropriate, and will notice the public via the Federal 
Register.

Discussion of Comment Period

    A notice of proposed rulemaking was not published for this 
temporary regulation, and good cause exists, pursuant to 5 U.S.C. 
553(b)(3)(B), for making it effective less than 30 days after Federal 
Register publication. A notice of proposed rulemaking is unnecessary 
because this regulation is, with minor amendments, the same as the 1994 
regulation promulgated on April 7, 1994 (59 FR 16563). No adverse 
comments were received during the 1994 trial period.
    Additionally, further delay this season would hamper commerce by 
delaying temporary regulatory relief for small businesses. Therefore, 
30 days notice is not required under 5 U.S.C. 553(d)(1) because this 
rule is a substantive action which ``relieves a restriction'' on 
commerce.

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. 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 (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. 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 temporary 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.
    With concurrence from the Director General of the Canadian Coast 
Guard Central Region, the Commander of the Ninth Coast Guard District 
considers it appropriate to institute this temporary regulation. This 
temporary regulation will assist commerce by allowing nondisplacement 
vessel operators to commence operation for the 1995 navigation season 
while awaiting the adoption of a permanent amendment to these 
regulations. A Notice of Proposed Rulemaking for a permanent change was 
published in the Federal Register on March 27, 1995. 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 temporary 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, and Commander M. Eric Reeves, Project 
Managers, Ninth Coast Guard District Marine Safety Division, and 
Lieutenant Karen E. Lloyd, Project Counsel, Ninth Coast Guard District 
Legal Office.

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.

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 
does not impose any new regulatory requirements in an area not 
heretofore regulated by the Federal Government, and does not impose any 
requirements or restrictions on State or local authorities. This 
regulation specifically provides that it does not preempt any state or 
local law or regulation setting a lower speed limit applicable to 
nondisplacement vessel in areas under the jurisdiction of such state or 
local authority.

Regulatory Evaluation

    This regulation is considered to be non-major under Executive Order 
12866 on Regulatory Planning and regulatory policies and procedures (44 
FR 11034 February 26, 1979).

Small Entities

    The economic impact of this regulation is expected to be so minimal 
that a full regulatory evaluation is unnecessary. In fact, the Coast 
Guard is making this amendment in part in order to avoid causing the 
existing regulations to have an unintended economic impact on a new 
mode of commercial operation. 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.

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 is amending 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. A temporary Sec. 162.T139 is added as follows: [[Page 19354]] 


Sec. 162.T139  Nondisplacement vessels under 100 gross tons.

    (a) Notwithstanding Secs. 162.134 and 162.138(a), nondisplacement 
vessels 20 meters or more in length but under 100 gross tons may 
operate in the nondisplacement mode at speeds not more than 40 miles 
per hour (34.8 knots) and may overtake other vessels--
    (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.
    (b) 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.
    (c) The Captain of the Port or the District Commander may deny 
approval for operations under paragraph (a) 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 section have become unsafe for any reason.
    (d) This section becomes effective at 12:01 a.m. on April 1, 1995 
and terminates at 12 midnight on November 30, 1995.

    Dated: March 30, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 95-9528 Filed 4-17-95; 8:45 am]
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