Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Proposed Rules 67971

A Categorical Exclusion Determination some of which include possible an informative airing of views. At this statement has been prepared and placed regulatory action, to better protect both point, the Coast Guard is more in need in the rulemaking docket. commercial and recreational vessels of specific, written, and concrete from risk of collision in this area. The comments. However, further List of Subjects in 33 CFR Part 117 Coast Guard is providing an advance consideration will be given to holding a Bridges. notice of proposed rulemaking because formal public hearing if one is comments on a range of various options Regulations requested. Such a request should are desired. indicate how a public hearing would In consideration of the foregoing, the DATES: Comments must be received on contribute substantial information or Coast Guard proposes to amend Part 117 or before February 24, 1997. views which cannot be received in of Title 33, Code of Federal Regulations ADDRESSES: Comments and supporting written form. If it appears that a public to read as follows: materials should be mailed or delivered hearing would substantially contribute to Lieutenant Commander Rhae to this rulemaking, the Coast Guard will PART 117ÐDRAWBRIDGE announce such a hearing by a later OPERATION REGULATIONS Giacoma, Assistant Chief, Marine Safety Analysis and Policy Branch, Ninth notice in the Federal Register. The 1. The authority citation for Part 117 Coast Guard District, Room 2069, 1240 Coast Guard will consider all comments continues to read as follows: E. Ninth Coast Guard District, Room received before the closing date indicated above, and may amend or Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 2069, 1240 E. Ninth Street, Cleveland, CFR 1.05–1(g); section 117.255 also issued Ohio, 44199–2060. Please reference the revoke this proposal in response to such under the authority of Pub. L. 102–587, 106 name of the proposal and the docket comments. Stat. 5039. number in the heading above. If you Background and Purpose wish receipt of your mailed comments 2. A new section, 117.714, is added to to be acknowledged, please include a I. The South Passage read as follows: stamped self-addressed envelope or The South Passage is an area of water § 117.714 Corson Inlet. postcard for that purpose. Comments on the United States side of the Western The draw of the Corson Inlet bridge, and materials received will be available Basin of Lake Erie, roughly 9 by 4 mile 0.9, at Strathmere, shall open on for public inspection at the above statute miles, bounded by Kelleys Island signal; except that from October 1 location from 9:00 a.m. to 3:00 p.m. and South Bass Island on the north, and through May 15, from 10 p.m. to 6 a.m., Monday through Friday. by Catawba Island and Point the draw need only open if at least two FOR FURTHER INFORMATION CONTACT: Marblehead on the south. The South hours notice is given. Lieutenant Commander Rhae Giacoma, Passage is one of two traditional, natural Assistant Chief, Marine Safety Analysis Dated: December 6, 1996. passages through the islands and and Policy Branch, Ninth Coast Guard shallows separating the Western and Kent H. Williams, District, Room 2069, 1240 E. Ninth Central Basins of Lake Erie, the other Vice Admiral, U.S. Coast Guard, Commander, Street, Cleveland, Ohio, 44199–2060, being the Pelee Passage to the north on Atlantic Area. (216) 522–3994. the Canadian side of the Western basin. [FR Doc. 96–32845 Filed 12–24–96; 8:45 am] SUPPLEMENTARY INFORMATION: At one time, between 1952 and 1974, it BILLING CODE 4910±14±M appears that the South Passage was a Request for Comments. regular route for large commercial The Coast Guard Strongly encourages 33 CFR Part 165 carriers. Since that time, Pelee Passage all interested parties to participate in to the north in Canadian waters has [CGD0±96±017] this consideration of possible become the preferred route for large rulemaking by submitting written commercial vessels transiting through Rin AE2115±AE46 comments which may consist of data, the Western End of Lake Erie. There is Prevention of Collisions Between views, arguments, or other proposals for still a wide array of both commercial Commercial and Recreational Vessels or against the various options being and recreational traffic using some parts in the South Passage of the Lake Erie considered. The Coast Guard is of the South Passage, including some Western Basin presenting options for a regulated large commercial carriers transiting in navigation area as one approach for and out of the Marblehead area on the AGENCY: Coast Guard, DOT. resolving the apparent waterway user east side, barges and tow boats in transit ACTION: Advance notice of proposed conflict in the South Passage area of both through and across the passage, rulemaking. Western Lake Erie. Proposals for non- regular ferry boats transiting across the regulatory alternatives which would passage, commercial excursion vessels, SUMMARY: The Coast Guard is serve the same purpose of enhancing transiting recreational crafts, and considering a number of options for vessel safety in the area are also desired. recreational fishing vessels. In improvement of navigational safety in Although all comments will be additional to being a natural passage in an area known as the ‘‘South Passage’’ considered, interested parties are and out of the basin and a natural area in the Western Basin of Lake Erie. This requested to specifically identify which of transit between the mainland and the is a high traffic area used by both of the detailed options they are islands, the South Passage is also a commercial and recreational vessels. commenting on, the basis for their desirable fishing ground where a Collisions between commercial and objection to proposals they dislike, and relatively heavy concentration of small recreational vessels in this area, with what alternative option (including the recreational fishing vessels anchor or loss of lives in one case, have given the option of no action) they do support. drift. Coast Guard cause for concern about the The Coast Guard does not currently long-term safety of the South Passage. plan to have a public hearing. The Coast II. Accidents in the South Passage The Coast Guard therefore requests Guard sponsored a number of informal Three collisions between commercial public comment on the appropriateness workshops which were open to all barges in tow and small recreational and practicality of various options, interested parties and which provided craft have occurred in the South Passage 67972 Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Proposed Rules during the last five years, one of which fault may be appropriately assigned to agencies to work with the local people resulted in two deaths. (1) On May 1, individuals for their failure to keep a affected by regulatory actions in order to 1992, a tug with a barge in tow collided proper lookout and exercise due care to achieve a consensus on reasonable with a recreational bass boat in the east avoid collisions in accordance with the solutions whenever possible. Those end of the South Passage, off the principles of good seamanship, this invited to provide input on the South Marblehead and Lakeside area. The bass does not negate the possibility that there Passage included tow boat operators, boat was anchored, the occupants are systemic problems creating an commercial carriers, commercial engaged in fishing. There was minor unusual risk of collision. The purpose of passenger vessel operators, recreational injury to one of the occupants of the this study is to address those systemic boating and fishing associations, a bass boat. The Coast Guard took problems. All three collisions occurred professional mariner association and administrative actions against the between tug/barge combinations and individual mariners, along with license of the master of the tug. (2) On boats engaged in fishing. In one case the representatives of the Ohio Department October 1, 1994, a tug and barge recreational boat was anchored, in of Natural Resources, the City of Toledo, collided with a recreational motorboat another it was clearly drifting, and in and the U.S. Coast Guard Auxiliary. in the west end of the South Passage, one case it is uncertain whether it was Five informal workgroup sessions were slightly to the east of the channel at anchor or adrift at the time. In two held. The discussions were informal, marked by the Starve Island Reef Red #2 cases it does not appear that the wide-ranging, sometimes adversarial, buoy and the Scott Point shoal Green #1 recreational boats were in clearly and less informative than hoped. Many buoy. The motorboat was anchored or defined channels. In one case, the 1994 of the issues discussed were highly dragging anchor (until shortly before the case which resulted in the deaths, the controversial, and there was little collision, when the occupants collision occurred in a channel clearly consensus on any point except the apparently attempted to raise anchor), marked by red and green lateral buoys importance of continuing and the occupants engaged in fishing. Two (Reef Red #2 buoy and Scott Point Shoal enhancing existing programs for # of the four occupants of the motorboat Green 1 buoy), although it is a matter education of recreational boaters. There died by drowning after jumping from very much in controversy as to whether was controversy about whether or not the boat just before collision, and the or not this constituted a ‘‘narrow there is a particular problem with other two occupants suffered minor channel’’ as that term is used in the conflicts between recreational and injuries. The State of Ohio convicted the Inland Navigational Rules Act of 1980 commercial vessels in the South master of the tug of a misdemeanor and (33 U.S.C. §§ 2001 et seq., especially Passage, with very different, sometimes the Coast Guard has filed charges Rule 9, 33 U.S.C. § 2009). Whether or inconsistent statements being made against the licenses of both the master not that was a ‘‘narrow channel’’ at the during the course of the informal and the operator of the tug. (The time (which is not a matter to be discussions. There clearly are a large licensing action is still in adjudication.) determined in this forum), the detailed number of small boats anchored or the Coast Guard also required the investigation of that case conducted by drifting in various areas around the owners of the tug and barge to make the Coast Guard did provide some passage during summer months. structural changes improving the indication of a systemic conflict However, some participants argued that visibility from the bridge. (3) On June between recreational and commercial there is no real problem with 13, 1995,a tug with a crane barge in tow traffic in the South Passage. As the tug ‘‘congestion’’ or conflicting use as such. collided with a recreational motorboat and barge approached the west end of Other participants in the discussions in the east end of the South Passage, the passage, they navigated between two described some dangerous situations, approximately one mile northeast of large concentrations of boats north and including near-misses between Marblehead light. The one occupant of south of the west end. As they actually recreational and commercial vessels. entered the navigational channel market the motorboat was ‘‘drift fishing.’’ No # There were comments about the one was injured in the collision. The by Starve Island Reef Red 2 Buoy on dangerousness of recreational boaters State of Ohio convicted the operator of the north and Scott Point Shoal Green anchoring or drifting in commercial #1 Buoy on the South, they found the motorboat of a minor misdemeanor channels, and, conversely, about the themselves between two packs of 15 or and the Coast Guard took administrative dangerousness of barge operators who so boats, one clustered around each of action against the license of the operator seem to expect boats to give way as a the buoys. The recreational vessel that of the tug. The Coast Guard also matter of course. Some participants also they hit was on the northeast side of the required the owners of the crane barge expressed concern about boats pack around the southern buoy, to insure that visibility was not sometimes blocking the approaches to apparently quite close to the middle of obstructed by the crane. the ferries running across the passage. the navigational channel. Given the Although this is not a large number of inherent limits on the maneuverability Because the characterization of the accidents over a five-year period, the of barges in tow, it appears that this was passage as ‘‘congested’’ has been similarity of the events and the inherent a dangerous situation in the making. controversial (the President of the Great dangerousness of collisions between Lakes Sport Fishing Council has found barges and small boats, tragically III. Consultation With the Marine this term particularly objectionable), demonstrated by the two deaths which Community several points about the use of that term have occurred, prompted the Coast The Coast Guard solicited information should be clarified. First, it is a relative Guard to conduct a special study of the and opinion from a variety of groups in matter, having more to do with South Passage in order to determine if order to obtain a better appreciation of particular, localized concentrations of there is a systemic problem which the South Passage and develop ideas for boats in navigational channels rather should be addressed. The Coast Guard possible improvements in navigational than a question of overall density in the and the State of Ohio have used safety. This was an effort to fulfill the passage. Clusters of ten to twenty boats administrative and criminal procedures spirit of the President’s ‘‘Regulatory gathered off points or gathered around to hold individuals (both commercial Reinvention Initiative’’ (Presidential a buoy, as is common even on weekdays and recreational vessel operators) Memorandum of March 4, 1995), in during the summer in the passage, can accountable in these cases. Although which President Clinton urged Federal constitute ‘‘congestion’’ even though Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Proposed Rules 67973 there may be no more than a few proceeding on the basis of the following in tow. A small boat which is not an hundred boats out in the passage in total propositions, which are subject to obstruction one day when there are few and there are large sections of the dispute: other vessels in a wide channel may passage which are clear that day. 1. There is an obvious danger created well be an obstruction another day Second, ‘‘congestion’’ is very relative to when small boats are at anchor or adrift when the whole channel is more the point of view of the mariner in in an area used by a large commercial congested. In the absence of radio question. The same situation may vessel, particularly if the occupants of communications among the recreational appear completely uncongested to a the small boats are occupied in fishing vessels, and between the recreational recreational boater with freedom to and the commercial vessels are and commercial vessels. it is difficult maneuver in any of the large empty restricted in their visibility and for the operators of the recreational spaces of water remaining outside the maneuverability. vessels to know if they are in violation clusters, and yet appear most definitely 2. Recreational and commercial of these statutory provisions. congested to the commercial operator vessels have a right to make use of the 5. Other governmental actions of a forced to pass very close to one of those South Passage, neither taking absolute more general and comprehensive nature clusters because of limited scope for priority over the other, but some may be of relevance in addressing this maneuver. Finally, the use of the term regulatory adjustment may be necessary sort of problem on a nationwide basis. ‘‘congestion’’ by representatives of the in order to insure than both can do so Those include (as suggested during the Coast Guard in the workgroup safety. Although Pelee Passage is now workgroup discussions), amendments to discussions should not have been the primary route for large commercial the Inland Navigational Rules Act of interpreted as expressing any idea that traffic transiting Lake Erie, it is 1980, more extensive Coast Guard the South Passage has too much important not to lose the availability of regulation of towing vessels (including recreational traffic. To the contrary, the the South Passage (the only passage in visibility standards on all sizes of barge Coast Guard views the South Passage as United States waters) for commercial and tow combinations), new equipment an extremely valuable resource, traffic. At the same time, recreational requirements for recreational boats important to recreation and tourism, use of the islands and fishing grounds (such as radar reflectors, anchor balls, or which should be fully enjoyed by all. in the South Passage area is likely to radios), and licensing of recreational Any adjustments to navigational increase, and should not be impeded. vessel operators. However, these practices which may help protect the 3. Any local rules promulgated for a proposals are outside the authority of safety of recreational boaters using the particular area such as the South the Commander of the Ninth Coast passage should serve to encourage Passage should be consistent with the Guard District and cannot be expected rather than discourage continued and general statutory rules for navigation. to provide any improvement in the expanded use of the passage for fishing Those general statutory rules obligate navigational safety in the South Passage and other recreation. one vessel not to impede the passage of in the foreseeable future. The Ninth There was considerable dispute about another. Section 15 of the Rivers and District has already specified visibility the relative fault between recreational Harbors Act (33 U.S.C. 409) provides requirements for some tug and barge and commercial operators, and an that ‘‘It shall not be lawful to tie up or combinations subject to Coast Guard intense controversy about whether the anchor vessels * * * in navigable inspection (including the one involved channel between the two buoys which channels in such a manner as to prevent in the fatal collision on October 1, was the site of the fatalities on October or obstruct the passage of other vessels. 1994). The Commander of the Ninth 1, 1994 was or was not a ‘‘narrow ** *’’ and Rule 9(b) of the Inland Coast Guard District is certainly channel’’ subject to Rule 9 of the Inland Navigational Rules (33 U.S.C. § 2009(b)) prepared to submit a proposal for Navigational Rules Act (which requires provides that ‘‘A vessel of less than 20 changes in the navigation rules to the a small vessel to avoid impeding a meters in length or a sailing vessel shall Commandant of the Coast Guard if it vessel which cannot safely navigate not impede the passage of a vessel than appears that such a proposal would outside the narrow channel). And there can safely navigate only within a narrow enhance safety and be appropriate on a were widely differing opinions about channel or fairway.’’ nationwide basis. However, it is not the appropriateness of area-specific 4. The general statutory provisions apparent what change in the language of navigational regulations, some arguing quoted above do not provide Rule 9 would as a practical matter better that a few clear, geographic delineations unambiguous guidance in some of these define a ‘‘narrow channel’’ in all the would greatly enhance safety, others dangerous cases involving commercial circumstances to which that would arguing that any regulations beyond the and recreational vessels. It is a case by apply around the nation. At this point general navigational rules are case determination (and certainly a (although any written proposal will be unnecessary. matter of dispute, as evidenced by the read with interest), it seems more useful Although the workgroup discussions discussions which took place in the to address particular problem areas on certainly assisted the Coast Guard in workgroups) as to whether a particular a case by case basis, taking into account delineating issues, it is important for the vessel at anchor is obstructing another the particular configuration of the Coast Guard to now be able to consider or whether any one of dozens of waterway and the traffic in the local written and attributable comments on identifiable channels in the South area. specific proposals. Also, it is important Passage are ‘‘narrow channels.’’ It is for the Coast Guard to make sure that difficult for an operator of a small V. Options Under Consideration any decision be based on comments recreational boat to know, in fact, The Coast Guard invites comments on from all concerned parties, solicited on whether or not the small vessel is any or all of the following options, and an equal basis, whether or not they had obstructing a large commercial vessel requests that commentors specifically an opportunity to personally participate which may or may not be restricted in identify the options they are arguing for in the workgroup sessions. its ability to maneuver. The recreational or against (although comments making operators are usually not familiar with arguments in favor of options not listed IV. Working Propositions the drafts, stopping distances, and here will also be considered): In framing the regulatory options visibility limitations of large Option 1. Do nothing. The existing presented here, the Coast Guard is commercial vessels, particularly barges accident rate would be deemed 67974 Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Proposed Rules unfortunate but tolerable, perhaps warning area at the time? Special possible away from the shallower areas unavoidable. It may be noted that there warning buoys could also be established favored for fishing. have been no similar accidents during by the Coast Guard. However, this Draft Regulatory Text, Option 4–A: the 1993 or 1996 navigation seasons, would tend to create the same confusion § 165.905 South Passage of Western Lake although it should also be noted that about legal effect, and would be a drain ErieÐregulated navigation areas. neither the Coast Guard nor the State of on limited resources available to Ohio has a system for recording and maintain aids to navigation in the Great (a) Locations. The following navigational investigating near-misses which may lanes in the South Passage of Western Lake Lakes. Erie are regulated navigation areas: occur on a more frequent basis. On the Option 4. Establish regulated (1) South Passage Transit Lane: an area 150 other hand, it may be argued that the navigation areas in the South Passage. yards to either side of a line (approximately congestion and dangerousness of the There is a wide variety of special rules 83⁄4 statute miles long) running northwesterly system is only likely to increase in the which could be established to help (302° T) from a point at 41°33′30′′ N, future. avoid collisions. The regulatory options 82°42′43′′ W on the east end of South Passage ° ′ ′′ ° ′ ′′ Option 2. Emphasize enforcement and currently under consideration include to a point at 41 37 30 N, 82 51 16 W on the education. Make no changes in the the following permutations (and others west end of South Passage. South Passage navigational system, but (2) Kellstone Lane: an area 150 yards to will be considered if proposed by 7 put more resources into enforcement either side of a line (approximately 2 ⁄8 commentors). All mariners are invited statute miles long) running southwesterly and educational efforts. The Coast to comment on the likely effectiveness (235° T, on a line of sight from the Kellstone Guard would continue with existing of these proposals in protecting against Crib Light to the West Harbor Entrance enforcement and education in the danger of collision. Operators of Channel Light #1) from the Kellstone Crib cooperation with the Ohio Department recreational boats, fishers, and others Light at 41°36′36′′ N, 82°43′40′′ W to the of Natural Resources, the Coast Guard point of intersection of the South Passage who have an economic interest in ° ′ ′′ Auxiliary, the Power Squadron, boating recreational or fishing activity in the Transit Channel center line at 41 35 15 N, groups, and maritime industry, as 82°46′24′′ W. area, are specifically requested to (3) Marblehead Stone Dock Lane: an area resources allow. Particular focus can be comment on any cost associated with put on insuring high standards of 150 yards to either side of a line these limited restrictions on anchoring 1 professionalism among licensed (approximately 1 ⁄4 statute miles long) and drifting. running northerly (019° T), from the commercial operators and educating Option 4–A. Designated no-anchor Marblehead Stone Dock Light at 41°32′42′′ N, recreational boaters about the dangers and no-drift lanes. These are narrow 82°43′48′′ W to the point of intersection of inherent in anchoring or drifting in lanes for the routes most heavily used the South Passage Transit Channel center commercial channels. However, Coast ° ′ ′′ ° ′ ′′ by commercial traffic, including (1) the line at 41 33 45 N, 82 43 19 W. Guard resources available for more on (4) Catawba Island to South Bass Island channel between Starve Island Reef and the water enforcement or more Ferry Lane: an area 150 yards to either side Scott Point Shoal, (2) the approach to educational outreach are limited, of a line (approximately 23⁄4 statute miles the commercial docks on the west side ° perhaps declining. Moreover, while long) running due north (000 T), from the of Kelleys Island, (3) the approach to the ferry dock on the north side of Catawba operators can be told of the danger and ° ′ ′′ ° ′ ′′ reminded of their obligation to always commercial docks at Marblehead, and Island (41 35 16 N, 82 50 13 W) to the ferry dock on the south side of South Bass Island maintain a good lookout, it is not clear (4) the established ferry routes across the passage, between South Bass Island (41°37′43′′ N, 82°50′13′′ W). how either enforcement or education (5) Neuman Marblehead to Kelleys Island can be effective in convincing small and Scott Point, and between the south side of Kelleys Island and Marblehead. Ferry Lane: an area 150 yards to either side boats not to anchor or drift in front of of a line (approximately 31⁄2 statute miles channels needed by commercial vessels Within these lanes, vessels of any size long) running northerly (006° T), from the in the absence of some unambiguous would be prohibited from either Neuman ferry dock at Marblehead (41°32′39′′ legal rule prohibiting it. anchoring or drifting, but would be N, 82°43′55′′ W) to the Newman ferry dock Option 3. Make nonregulatory allowed to navigate in any manner on the south side of Kelleys Island (41°35′42′′ changes to the navigational system in otherwise allowed by the navigation N, 82°43′31′′ W). the South Passage. The Coast Guard rules as long as not anchored or adrift. (6) Kellstone Marblehead to Kelleys Island could request that the National Oceanic A permutation on the theme might be to Ferry Lane: an area 150 yards to either side of a line (approximately 33⁄8 statute miles and Atmospheric Administration add provide that a vessel would not be ° prohibited from anchoring or drifting in long) running northerly (019 T), from the some special delineations and notes to Kellstone ferry dock at Marblehead the nautical charts, marking the areas these lanes if the operator of the vessel (41°32′38′′ N, 82°43′39′′ W) to the Kellstone most commonly used by commercial is monitoring a marine radio on channel ferry dock on the south side of Kelleys Island vessels and warning small vessels that 16 so as to be available to be effectively (41°35′21′′ N, 82°42′20′′ W). these areas may be dangerous for hailed by an approaching commercial (b) Regulations. Vessels shall not anchoring or drifting. (The areas vessel. anchor or drift in these regulated delineated in the text of the regulatory This is the most restrictive regulatory navigation areas. alternatives proposed here may be taken option being considered. Under this Option 4–B. Designated no-anchor as examples of lanes or danger areas option, the area marked off for no and no-drift choke points. This would which could also be delineated on a anchoring or drifting would be be the same as Option 4–A, except that nonregulatory basis.) However, this may approximately 13% of the total area of it would be limited to smaller areas in only create more confusion. Would such the South Passage. Other forms of critical choke points on the ends of the a marking create a ‘‘narrow channel’’ navigation would not be restricted. It commercial lanes instead of extending under Rule 9 or an ‘‘obstruction’’ under may be noted that the proposed lanes to the whole length of the lanes. These the Rivers and Harbors Act? Would a are near to, but not at the specific points choke points could include (1) the boater be guilty of ‘‘negligent operation’’ where the three collisions discussed approximately 600 by 1000 yard area under Federal and State law for failing above occurred. The purpose of the immediately south of Starve Island Reef to heed the ‘‘nonregulatory’’ warning? lanes is to provide the most logical Red Buoy #2 bounded by the 25-foot Would it depend on whether or not a routing possible, to and from points of depth contour, (2) a 300 by 1500 yard commercial vessel was operating in the commercial activity, which are as far as rectangle with a long axis of 224° true Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Proposed Rules 67975 running from the light on the end of the approach of barges, ferries, or other Dated: December 2, 1996. Kellstone dock on the east side of commercial vessels greater than 20 John A. Bastek, Kelleys Island to the middle of the meters in length. In effect, this would be Captain, U.S. Coast Guard, Acting channel between Carpenter point and creating a ‘‘narrow channel’’ rule for Commander, Ninth Coast Guard District. the Red #2 Buoy off the point, and (3) each of these designated areas. Such a [FR Doc. 96–32836 Filed 12–24–96; 8:45 am] 300 by 1000 yard areas off each of the rule may or may not already apply in BILLING CODE 4910±14±M ferry docks on South Bass Island, some of these areas depending on Catawba Island, Kelleys Island, and interpretation on the general rules. But Marblehead. this would make it clear and ENVIRONMENTAL PROTECTION Under this option, the area marked off unambiguous, with notice to all parties AGENCY for no anchoring or drifting would be beforehand. However, it is difficult to approximately 3% of the total area of specify a practical decision rule for 40 CFR Part 300 the South Passage. Other forms of determining how close the approaching [FRL±5668±9] navigation would not be restricted. large vessel need be before the small Draft Regulatory Text, Option 4–B: vessel would be obligated to clear the National Oil and Hazardous channel. Substances Pollution Contingency § 165.905 South Passage of Western Lake ErieÐregulated navigation areas. Draft Regulatory Text, Option 4–C: Plan; National Priorities List (a) Locations. The following areas in the § 165.905 South Passage of Western Lake AGENCY: Environmental Protection South Passage of Western Lake Erie are ErieÐregulated navigation areas. Agency. regulated navigation areas: ACTION: Notice of intent to delete the (1) Scott Point Shoal and Starve Island Reef (a) Locations. [Locations would be the Channel: an area 300 yards to either side of same as those in either Option 4–A or Option Minot Landfill Site from the National a line (approximately 1 statute mile long) 4–B above.] Priorities List: request for comments. running northwesterly (302° T) from a point (B) Regulations. In these regulated at 41°36′17′′ N, 82°48′19′′ W (approximately SUMMARY: The Environmental Protection navigation areas, all vessels less than 20 Agency (EPA), Region VIII announces 300 yards northeast of Scott Point Shoal meters in length shall clear the area upon the Green Buoy #1) to a point at 41°36′40′′ N, its intent to delete the Minot Landfill approach of barges, ferries, or other 82°49′16′′ W (approximately 300 yards Site (Site) from the National Priorities southwest of Starve Island Reef Red Buoy commercial vessels greater than 20 meters in List (NPL) and requests public comment length. #2). on this proposed action. The NPL (2) Kellstone Approach Channel: an area Drafting Information constitutes Appendix B of 40 CFR Part 150 yards to either side of a line 1 300 of the National Oil and Hazardous (approximately 1 ⁄4 statute miles long) The drafters of this regulation are running southwesterly (235° T, on a line of Substances Pollution Contingency Plan sight from the Kellstone Crib Light to the Lieutenant Commander Rhae Giacoma, (NCP), which EPA promulgated West Harbor Entrance Channel Light #1) from Assistant Chief, Marine Safety Analysis pursuant to Section 105 of the the Kellstone Crib Light at 41°36′36′′ N, and Policy Branch, the project officer, Comprehensive Environmental 82°43′40′′ W to a point at 41°36′02′′ N, and Commander Eric Reeves, Chief, Response, Compensation, and Liability 82°44′50′′ W. Marine Safety Analysis and Policy Act (CERCLA) of 1980, as amended. (3) Marblehead Stone Dock Approach Branch, Marine Safety Division, Ninth EPA and the State of North Dakota Channel: an area 150 yards to either side of Coast Guard District. (State) have determined that the Site as a line running 019° T for 1000 yards from the remediated poses no significant threat to Marblehead Stone Dock Light at 41°32′42′′ N, The Environment, the Economy, and public health or the environment and, 82°43′48′′ W. Federalism (4) South Passage Ferry Approach therefore, further remedial measures Channels: areas 150 yards to either side of The Coast Guard invites comments on pursuant to CERCLA are not lines 1000 yards long running: significant effects that any of the actions appropriate. (i) 000° T from the ferry docks on the north or nonactions proposed in this notion DATES: Comments concerning this Site side of Catawba Island (41°35′16′′ N, 82°50′13′′ W); would have on the environment, may be submitted on or before January (ii) 180° T from the ferry dock on the south economics, or federalism: 27, 1997. side of South Bass Island (41°37′43′′ N, (1) Would any of these proposed ADDRESSES: Comments may be mailed 82°50′13′′ W); to: Erna Acheson Waterman, Remedial ° regulations or other options considered (iii) 0006 T from the Neuman ferry dock here have a significant environmental Project Manager, U.S. Environmental at Marblehead (41°32′39′′ N, 82°43′55′′ W): ° impact on the South Passage, Lake Erie, Protection Agency, Region VIII, 999 (iv) 186 T from the Neuman ferry dock on 18th Street, Suite 500, Mail Stop EPR– the south side of Kelleys Island (41°35′42′′ N, or nearby shore areas? If so, what 82°43′31′′ W); resources would be impacted? How SR, Denver, Colorado 80202–2466. (v) 019° T from the Kellstone ferry dock at would the impacts be likely to occur? Comprehensive information on this ° ′ ′′ ° ′ ′′ Site is available through the public Marblehead (41 32 38 N, 82 43 39 W); and (2) Would any of these proposed (vi) 099° T from the Kellstone ferry dock docket which is available for viewing at on the south side of Kelleys Island (41°35′21′′ regulations or other options considered the Minot Landfill site information N, 82°42′20′′ W). here have a significant economic impact repositories at the following locations: (b) Regulations. Vessels shall not anchor or on any small business or other small Superfund Records Center, U.S. drift in these regulated navigation areas. entity? If so, what are the likely costs? Environmental Protection Agency, Option 4–C. Designated give-way How would those costs be incurred? Region VIII, 999 18th Street, 5th Floor, areas. The same areas indicated above (3) Would any of these proposed Denver, Colorado 80202–2466, (303) in either Option 4–A or Option 4–B, regulations or other options considered 312–6473. Hours of operation are 8:00 either lanes or choke points, could be here intrude into areas traditionally not a.m. to 4:30 p.m. designated as areas in which vessels less regulated by the Federal Government or Background information from the than 20 meters in length are obligated to otherwise implications for Federal and Regional public docket is also available clear the designated area upon the State relations? for viewing at the Minot Landfill Site