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

DEPARTMENT OF THE INTERIOR

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110, 162, and 165

[CDG17-99-002]

RIN 2115-AF81

Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and

Ketchikan, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes changes to the speed limit in Tongass

Narrows. The present speed limit does not address the needs of

floatplane traffic, may unnecessarily slow the transits of smaller

vessels, and does not apply in the northern portions of Tongass Narrows

where traffic congestion and wake from larger vessels has become a

concern. The proposal would extend the speed limit area northward in

Tongass Narrows to Channel Island, allow the take-off and landing of

floatplanes, and allow smaller vessels to transit crowed areas to

Tongass Narrows more quickly, thereby reliving congestion. The Coast

Guard also proposes redesignation of 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 present designation of this areas as a

safety zone does not reflect its actual use as an anchorage for large

passenger vessels. The slow or erratic operation of small vessels in

the present 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, will make the final approach, anchoring, and departure

of very large passenger vessels, safer for the vessels involved.

DATES: Comments must reach the Coast Guard by May 10, 1999.

The public hearing will be held on March 26, 1999, at 6 p.m. (AST).

ADDRESSES: You may mail comments to the Commander (mo), Seventeenth

Coast Guard District, P.O. 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 5 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 and

will be available for inspection or copying at room 66, between 8 a.m.

and 4 p.m., Monday through Friday, except Federal holidays.

The public hearing will be held at the Ted Ferry Civic Center, 888

Venetia Avenue, Ketchikan, Alaska.

FOR FURTHER INFORMATION CONTACT:

For information concerning this rulemaking, call Lieutenant P.W. Clark,

Supervisor, U.S. Coast Guard Marine Safety Detachment, Ketchikan, AK,

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 comments applies, and give the reason for each comment.

Please submit two copies of all comment 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 or receipt of your

comments, you should enclose a stamped, self-addressed postcard or

envelop.

The Coast Guard is establishing a forty five-day comment period for

this proposed rule instead of the usual sixty-day comment period. The

shortened comment period should be sufficient to allow the public to

comment on the proposed rule. The shortened comment period is needed so

that the modification to the existing rule may be in place by the

beginning of the 1999 summer boating season. The Coast Guard will

consider all comments received during the comment period. It may change

this proposed rule in view of the comments.

The Coast Guard has scheduled a public hearing for 6 p.m.(AST),

March 26, 1999, at the Ted Ferry Civic Center, 888 Venetia Avenue,

Ketchikan, Alaska. Persons may request an additional public hearing by

writing to the Commander (To), Seventeenth Coast Guard District, at the

address under ADDRESSES. the request should include the reasons why an

additional hearing would be beneficial. It is 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.

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

operator, commercial fishing vessel operators, waterfront facility

managers, commercial freight vessel/barge operators, commercial tank

barge operators, commercial Kayak operators, floatplane operators,

charter vessel operator, and local residents.

[[Page 14415]]

Seven knot speed limit. The majority of the comments received at

these meetings indicated that the existing 7-knot speed limit was no

longer appropriate for the current navigational situation on Tongass

Narrows. A search of the National Archives and comments received

indicate that the original purpose of this speed restriction was to

control bank erosion and damage to rafted fishing vessels from large

wakes. In the forty plus years that this speed limit has been in

effect, the number and type of vessels transiting, mooring, and

anchoring in Tongass Narrows has changed considerably--with congestion

becoming a much greater problem. For example, on an average summer day

last year, traffic on Tongass Narrows consisted of more than 500

floatplane takeoffs and landings (in August 1998 the average was 526

takeoffs and landings per day), 173 charter boat transits, 22 small

passenger vessels transits, 5 large cruise ships transits with 1 or 2

at anchor, 150 fishing vessels plying their trade at 7 canneries, 4

barge/tug transits, 30 to 40 kayaks transits; and an unknown number of

recreation and transient boat traffic. These numbers are predicted to

increase by 3 to 4 percent during the 1999 tourist season.

Numerous comments criticized the present speed limit, noting that

it is impossible for floatplanes to comply with this restriction when

on the water because they must exceed this speed in order to take off

and land. Comments also noted that modern, small vessels with planing

hulls actually create less wake when operated at higher speeds.

Numerous comments thought that permitting smaller vessels to transit

more rapidly would decrease congestion by clearing vessel traffic more

quickly, while actually decreasing problems with the wakes from those

vessels.

Comments were also received favoring extension of the speed limit

zone to the north, as far as Channel Island, while clarifying the end

of the speed limit in the west channel of Tongass Narrows. The

extension northward was favored because it would help reduce in an area

that has become more heavily developed, with regular ferry transits and

significant floatplane traffic near the airport.

Large Vessel Anchorage. The operators of cruise ships commented

that the slow and often erratic transits of small vessels made the

maneuvering and anchoring of large cruise ships very difficult in the

present safety zone in Ketchikan Harbor. Although comments generally

favored relaxation of the speed limit for small vessels, there was

concern that increased speed, when combined with erratic maneuvering,

would actually worsen the situation for anchoring cruise ships.

Discussion of Proposed Rules

The proposed rule would modify the existing boundaries for the 7-

knot speed limit. Currently the 7-knot speed limit applies to water

traffic in the Tongass Narrows from Idaho Rock to Charcoal Point. This

provides adequate protection for facilities and vessels in the southern

portion of the narrows but not those located in the northern section.

The current regulation also covers all types and sizes of vessels and

does not make any allowances for floatplanes nor for smaller vessels

that do not typically cause a large wake. As proposed, the revised rule

would modify the geographical boundaries of the regulated area. The new

boundaries would be: Channel Island in the north part of the narrows;

Idaho Rock as the southermost boundary for the east channel; and West

Pennock Light 4 as the southermost boundary in the west channel. The

second change would be to add an exemption from the 7-knot speed limit

for floatplanes during landings and takeoffs and for vessels of 26 feet

or less in length.

By exempting smaller vessels and floatplanes from the speed limit,

the traffic congestion in all of Tongass Narrows (including the

northern section) should be eased. Without the speed limit for small

vessels, they would depart from, or transit through, the congested

areas more quickly. This is turn should ease congestion and reduce

navigational conflicts that have arisen between slow moving small boats

and cruise ships and other large waterway users. Large wakes would not

become a problem because the exemption is limited to smaller vessels

and because Tongass Narrows regularly experiences substantial wave

action (due to the large fetch in the Narrows) that is equivalent to

the wake from these smaller vessels. The speed limit is retained for

vessels over 26 feet because they commonly operate in the displacement

mode, in which case they generate considerable wake at higher speeds.

The proposed rule re-designates the present safety zone as an

anchorage ground and requires motorized vessels to proceed directly,

without delay or rapid course changes, while transiting through the

anchorage area. This should allow smaller vessels to rapidly move

through the area without slow or erratic maneuvers that create

difficulties for large vessels using the anchorage area.

Regulatory Evaluation

The proposed 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 proposed 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 so because the regulation is designed to reduce present impacts

on waterway users of the existing speed limit. In regards to the

extension of the speed limit northward to Channel Island, operators of

larger vessels stated that their present practice is to slow down upon

reaching Channel Island, so the proposed change conforms to an existing

practice. In combination with the speed limit exemption for floatplanes

and vessels 26 feet and less in length, the overall impact should be

minimal. The new requirement to proceed directly, without erratic

maneuvering, through the anchorage area, is expected, in combination

with relaxation of the speed limit for small vessels, to result in less

congestion and quicker and safer transits for all users.

Small Entities

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

Coast Guard considers whether this proposed rule, if adopted, 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 will be some impact to small

entities, but that it will be beneficial. This is so because the speed

limit is relaxed for smaller waterway users; i.e., floatplanes and

vessels 26 feet long and shorter, which eases their transit times and

thus benefits these users. This group includes many small charter plane

and charter fishing vessel operators. Although the Coast Guard is

unsure of the economic impacts on other users, it believes such impact

is generally beneficial because the combination of regulatory changes

should reduce congestion and navigational conflicts

[[Page 14416]]

throughout the waterway and make transits safer and faster for all user

groups. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposed rule, if adopted, will not have a significant economic

impact on a substantial number of small entities. If however, you think

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 proposed 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 advance notice under the

principles and criteria contained in E.O. 12612 and has determined that

this proposed rule does not have sufficient implications for federalism

to warrant the preparation of a Federalisms Assessment.

Environment

The Coast Guard considered this proposal in accordance with

paragraph 2.B.2.b of COMDTINST M16475.1C (National Environmental Policy

Act--Implementing Procedures and Policy for Considering Environmental

Impacts), and concluded that there are no circumstances that indicate a

potential for significant effects. Therefore, the categorical exclusion

provided in figure 2-1, paragraph 34(g) of COMDTINST M16475.1C is

appropriate and no further environmental analysis or documentation is

required. A ``Categorical Exclusion'' and an ``Environmental Analysis

Checklist'' are available in docket for inspection or copying where

indicated under ADDRESSES.

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For the reasons discussed in the preamble, the Coast Guard proposes

to amend 33 CFR Parts 110, 162, and 165 as follows:

PART 162--[AMENDED]

1. The authority citation for part 162 continues to read a follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. Revise Sec. 162.240(b) to read as follows:

Sec. 162.240 Tongas Narrows, Alaska; Navigation.

* * * * *

(b) No vessel of over 26 feet in length, except for floatplanes

during landings and take-offs, shall exceed a speed of seven knots in

the region of Tongass Narrows bounded to the north by Channel Island

and to the south by Idaho Rock in the east channel of Tongass Narrows

and West Pennock Light 4 in the west channel of Tongass Narrows.

* * * * *

PART 165--[AMENDED]

PART 110--[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.

Sec. 165.1705 [Redesignated as Sec. 110.231]

4. Section 165.1705 is redesignated as Sec. 110.23 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 Lighted 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 over 1600 gross

tons (including ferries), may anchor within the anchorage without the

express consent of the Captain of the Port, Southeast Alaska.

A. Regalbuto,

Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard

District.

[FR Doc. 99-7270 Filed 3-22-99; 12:42 pm]

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