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

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