Puget Sound and Adjacent Waters, WA-regulated Navigation Area

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-003]

RIN-AE94

Puget Sound and Adjacent Waters, WA-regulated Navigation Area

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is permanently

amending a local regulation governing navigation in Puget Sound and

adjacent waters, Washington. This amendment corrects an administrative

error which unintentionally omitted the District Commander's authority

to grant waivers from the rule excluding tankers over 125,000 dead

weight tons from operating in Puget Sound, Puget Sound Vessel Traffic

Service's (VTS) authority to grant deviations from the requirement that

vessels keep the center of the precautionary areas to port, and

emergency authority for masters, pilots, and others to deviate from the

requirement that vessels keep the center of the precautionary areas to

port. This deviation authority was inadvertently omitted when the

Vessel Traffic Service regulations were amended in 1994.

DATES: This rule is effective on July 30, 1997, unless the Coast Guard

receives written adverse comments or written notice of intent to submit

adverse comments on or before June 30, 1997. If the Coast Guard

receives written adverse comment or written notice of intent to submit

adverse comments, the Coast Guard will publish a timely withdrawal of

all or part of this direct final rule.

ADDRESSES: Comments may be mailed or delivered to U.S. Coast Guard,

Thirteenth Coast Guard District, Marine Safety Division, 915 Second

Avenue, room 3506, Seattle, WA 98174-1067. Normal office hours are

between 8 a.m. and 4 p.m., Monday through Friday, except Federal

holidays.

The Marine Safety Division maintains the public docket for this

rule making. Comments will become part of this docket and will be

available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Lieutenant T. G. Favreau, Compliance

Branch Chief, U.S. Coast Guard, Thirteenth Coast Guard District, Marine

Safety Division, telephone (206) 220-7224.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the names and address of the person

submitting the comment, specify the rule making docket (CGD 13-97-003)

and the specific section of this rule to which each comment applies,

and give the reason for each specific 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.

Persons wanting acknowledgment of receipt of comments should enclose

stamped, self-addressed postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct final rule, the procedures

of which are outlined in 33 CFR 1.05-55, because no adverse comments

are anticipated. If no adverse comments or any written notice of intent

to submit adverse comment are received within the specified comment

period, this rule will become effective as stated in the DATES section.

In that case, approximately 30 days prior to the effective date, the

Coast Guard will publish a document in the Federal Register stating

that no adverse comment was received and confirming that this rule will

become effective as scheduled. However, if the Coast Guard receives

written adverse comment or written notice of intent to submit adverse

comment, the Coast Guard will publish a document announcing withdrawal

of all or part of this direct final rule. If adverse comments apply to

only part of this rule, and it is possible to remove that part without

defeating the purpose, the Coast Guard may adopt as final those parts

of this rule for which no adverse comments were received. The part of

this rule that was the subject of adverse comment will be withdrawn. If

the Coast Guard decides to proceed with a rulemaking following receipt

of adverse comments, a separate Notice of Proposed Rule Making (NPRM)

will be published and a new opportunity for comment provided.

A comment is considered ``adverse'' if the comment explains why

this rule would be inappropriate, including a challenge to the rule's

underlying premise or approach, or would be ineffective or unacceptable

without a change.

Background and Purpose

By this direct final rule, the Coast Guard is amending 33 CFR part

165 to

[[Page 23660]]

correct a drafting error which inadvertently omitted (1) the District

Commander's authority to grant waivers from the rule excluding tankers

over 125,000 dead weight tons from operating in Puget Sound, (2) Puget

Sound Vessel Traffic Service's (VTS) authority to grant deviations from

the requirement that vessels keep the center of the precautionary areas

to port, and (3) emergency authority for masters, pilots, and others to

deviate from the requirement that vessels keep the center of the

precautionary areas to port. When the requirements of 33 CFR 161.143

and 33 CFR 161.152(b) were combined into 33 CFR 165.1303, the deviation

authority previously contained in 33 CFR 161.108 and 33 CFR 161.110 was

inadvertently omitted. (See CGD 90-020, 59 FR 36335, July 15, 1994.)

This amendment merely reinstates that deviation authority originally

granted to the Thirteenth Coast Guard District Commander and to the

Puget Sound VTS.

As amended in 1994, the current regulations do not allow for tank

vessels over 125,000 dead weight tons to enter Puget Sound and adjacent

waters. This direct final rule permanently amends 33 CFR 165.1303 to

allow the Thirteenth Coast Guard District Commander to grant waivers

for such tank vessels in the regulated navigation area if the proposed

deviation from the rules provides an adequate level of safety. Under

this amendment, the Coast Guard expects that tank vessels in this

category would be allowed to enter Puget Sound only for cleaning or

repair with a tug escort.

This amendment also allows the VTS to authorize deviation from the

requirements to keep the center of the precautionary areas to port when

operating in a precautionary area in Puget Sound. Such deviations are

occasionally needed in order to prevent collisions and groundings and

to protect the navigable waters of the VTS Area from environmental harm

resulting from collisions and groundings.

Finally, this amendment allows the master, pilot, and others

directing the movement of vessel to deviate from the requirement to

keep the center of the precautionary area to port in an emergency

situation, if such emergency deviation is immediately reported to the

Vessel Traffic Center.

Discussion of Rules

The Coast Guard is permanently amending 33 CFR 165.1303--Puget

Sound and adjacent waters, WA-regulated navigation area. Section

165.1303 is amended by revising paragraph (b)(2) and adding new

paragraphs (c)(1), (c)(2), and (c)(3).

Regulatory Evaluation

This 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

rule to be so minimal that full Regulatory Evaluation under paragraph

10.e of the regulatory policies and procedures of DOT is unnecessary,

because an ability to deviate will not create any economic impact. This

conclusion is based on the fact that this direct final rule only

reinstates and clarifies what was inadvertently omitted when 33 CFR

161.108 was merged into 33 CFR 165.1303. It also provides the potential

for greater flexibility for the operation of tank vessels in Puget

Sound.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider the economic impact on small entities of a

rule for which a general notice of proposed rule making is required.

``Small entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

Reinstatement of this section will have no economic impact on small

entities because it merely restores the deviation authority originally

in place for operation of tank vessels larger than 125,000 deadweight

tons in a regulatory navigation area and allows for greater flexibility

in vessel operations in the VTS Area. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this change will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This rule contains no collection-of-information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under paragraph 2.B.2.e.34(g) of Commandant

Instruction M1675.1B (as revised by 59 FR 38654, July 29, 1994), this

rule is categorically excluded from further environmental

documentation. Section 2.B.2.e.34(g) of that instruction requires an

Environmental Analysis Checklist and a Categorical Exclusion

Determination to be prepared for regulatory activity of this type. Both

the Environmental Analysis Checklist and the Categorical Exclusion

Determination are available in the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reports and

recordkeeping requirements, Security measures, Waterways.

Regulation

For the reasons set out in the preamble, the Coast Guard amends 33

CFR 165.1303 as follows:

1. 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),

6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

2. In Sec. 165.1303, paragraph (b)(2) is revised and paragraph (c)

is added to read as follows:

Sec. 165.1303 Puget Sound and adjacent waters, WA-regulated navigation

area.

* * * * *

(b) * * *

(2) Commander, Thirteenth Coast Guard District may, upon written

request, issue an authorization to deviate from paragraph (b)(1) of

this section if it is determined that such deviation provides an

adequate level of safety. Any application for authorization must state

the need and fully describe the proposed procedure.

(c) Precautionary Area Regulations.

(1) A vessel in a precautionary area which is depicted on National

Oceanic and Atmospheric Administration (NOAA) nautical charts, except

precautionary ``RB'' (a circular area of 2,500 yards radius centered at

48-26'24'' N., 122-45'12'' W.), must keep the center of the

precautionary area to port.

Note: The center of precautionary area ``RB'' is not marked by a

buoy.

(2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal

[[Page 23661]]

request, authorize a onetime deviation from paragraph (c)(1) of this

section for a voyage, or part of a voyage, if the proposed deviation

provides a level of safety equivalent to or beyond that provided by the

required procedure. The deviation request must be made well in advance

to allow the requesting vessel and the Vessel Traffic Center (VTC)

sufficient time to assess the safety of the proposed deviation.

Discussions between the requesting vessel and the VTC should include,

but are not limited to, information on the vessel handling

characteristics, traffic density, radar contacts, and environmental

conditions.

(3) In an emergency, the master, pilot, or person directing the

movement of the vessel may deviate from paragraph (c)(1) of this

section to the extent necessary to avoid endangering persons, property,

or the environment, and shall report the deviation to the VTC as soon

as possible.

Dated: April 14, 1997.

J. David Spade,

Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.

[FR Doc. 97-11210 Filed 4-30-97; 8:45 am]

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