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

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]

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