Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, AK

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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