[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77529-77535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31113]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 167
[Docket No. USCG-2010-0718]
RIN 1625-AB55
Traffic Separation Schemes: In the Approaches to Portland, ME;
Boston, MA; Narragansett Bay, RI and Buzzards Bay, MA; Chesapeake Bay,
VA, and Cape Fear River, NC
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Coast Guard codifies traffic separation
schemes in the approaches to Portland, ME; in the approaches to Boston,
MA; in the approaches to Narragansett Bay, RI and Buzzards Bay, MA; and
in the approaches to the Cape Fear River, NC. In addition, the Coast
Guard updates the current regulations for the traffic separation scheme
in the approaches to Chesapeake Bay, VA. The Coast Guard established
these traffic separation schemes between 1978 and 2004 under authority
of the Ports and Waterways Safety Act. The International Maritime
Organization adopted these traffic separation schemes and describes
them in their publication, ``Ships Routeing,'' Ninth Edition, 2008. In
addition, these traffic separation schemes are already shown on
nautical charts and in the United States Coast Pilot published by the
National Oceanic and Atmospheric Administration.
DATES: This interim rule is effective January 12, 2011. Comments and
related material must either be submitted to our online docket via
http://www.regulations.gov on or before December 28, 2010 or reach the
Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0718 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. George Detweiler, U.S. Coast Guard Office of Navigation
Systems, telephone 202-372-1566, or e-mail [email protected].
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
A. General
B. TSS History
C. Regulatory History
IV. Discussion of the Interim Rule
A. In the Approaches to Portland, ME
B. In the Approaches to Boston, MA
C. In the Approaches to Narragansett Bay, RI and Buzzards Bay,
MA
D. In the Approaches to Chesapeake Bay, VA
E. In the Approaches to the Cape Fear River, NC
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
[[Page 77530]]
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0718), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USCG-USCG-2010-0718'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change this rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-USCG-2010-0718'' and
click ``Search.'' Click the ``Open Docket Folder'' in the ``Actions''
column. If you do not have access to the Internet, you may view the
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES. In
your request, explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
II. Abbreviations
2004 Act Coast Guard and Maritime Transportation Act of 2004
ATBA Area to be Avoided
DHS Department of Homeland Security
FR Federal Register
IMO International Maritime Organization
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PARS Port Access Route Study
PWSA Ports and Waterways Safety Act
TSS Traffic Separation Scheme
U.S.C. United States Code
III. Background
A. General
In the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1221-1232,
the Secretary of the Department in which the Coast Guard operates is
granted authority to establish traffic separation schemes (TSSs), where
necessary, to provide safe access routes for vessels proceeding to or
from U.S. ports. This authority is delegated to the Commandant of the
Coast Guard in Department of Homeland Security Delegation No. 0170.1.
The Coast Guard conducts a Port Access Route Study (PARS) to
evaluate potential traffic density and the need for safe access routes
for vessels before establishing a traffic separation scheme. We publish
a notice of the PARS in the Federal Register. Through the PARS process,
we seek public comment, hold public meetings when requested, confer
with affected parties and consult with State and local entities to
reconcile the need for safe access routes with the need to accommodate
other reasonable uses of the waterway, such as oil and gas exploration,
deepwater port construction, establishment of marine sanctuaries, and
recreational and commercial fishing.
Under the provisions of the PWSA, we must publish a notice of
proposed rulemaking if we contemplate establishing or amending a TSS.
Likewise, we must publish a notice in the Federal Register when we do
not seek to establish or amend a TSS as a result of the PARS.
In addition, we must notify the appropriate international
organizations of TSS designations, such as the International Maritime
Organization (IMO), and seek the cooperation of foreign states in
making use of the TSS mandatory for vessels under their jurisdiction to
the same extent as required for U.S. vessels.
We notify the IMO of a new or modified TSS by submitting a proposal
asking that the Maritime Safety Committee of the IMO adopt the new or
modified TSS. We take this action not only to fulfill our statutory
responsibilities under the PWSA, but also to follow the procedures of
the IMO General Provisions for Ships' Routeing (IMO Assembly Resolution
A.572(14)). When the IMO adopts a TSS, it notifies the international
maritime and hydrographic communities through a Marine Safety Committee
circular and adds the TSS to its publication, ``Ships' Routeing.'' In
this role, the IMO serves as the only international forum on
guidelines, criteria, and regulations for ship routing measures.
B. TSS History
The Coast Guard established the TSS in the approaches to Portland,
ME, in 1978. On February 10, 2005, the Coast Guard published a notice
of study announcing a PARS to Evaluate the Vessel Routing Measures in
the Approaches to Portland, ME, and Casco Bay, ME, (70 FR 7067). We
completed the PARS in 2006 and concluded that no amendment to the TSS
was needed. This TSS, though unchanged since 1978, is not incorporated
in the Code of Federal Regulations (CFR). The IMO has adopted this TSS,
and it is described in ``Ships' Routeing.''
We established the TSS in the approach to Boston, MA, in 1973 and
amended it in 1983, 2007, and 2009.
[[Page 77531]]
On August 9, 2004, Congress enacted the Coast Guard and Maritime
Transportation Act of 2004 (Pub. L. 108-293). In section 626, Congress
directed the Secretary of Homeland Security to cooperate with the
National Oceanic and Atmospheric Administration (NOAA) in analyzing
potential vessel routing measures for reducing vessel strikes of North
Atlantic right whales, and to submit a report on the analysis by
February 2006.
On February 18, 2005, the Coast Guard announced a PARS of Potential
Vessel Routing Measures To Reduce Vessel Strikes of North Atlantic
Right Whales (70 FR 8312). We analyzed potential vessel routing
measures and considered adjusting existing vessel routing measures in
the northern region of the Atlantic Coast, which included Cape Cod Bay,
the area off Race Point at the northern end of Cape Cod, and the Great
South Channel. The Coast Guard used the information from the PARS to
prepare and submit our report to Congress on May 8, 2006. A copy of our
report is contained in the docket for this rulemaking.
The Coast Guard announced the results of the PARS on May 24, 2006
(71 FR 29876). We recommended realigning and amending the location and
size of the western portion of the TSS in the approach to Boston, MA.
We revised the TSS in 2007, and the new configuration appeared on
nautical charts soon thereafter.
On November 19, 2007, the Coast Guard announced a second PARS to
Analyze Potential Vessel Routing Measures to Reduce Vessel Strikes of
North Atlantic Right Whales While also Minimizing Adverse Effects on
Vessel Operations (72 FR 64968). The study area included approaches to
Boston, MA, specifically, a northern right whale critical habitat in
the area east and south of Cape Cod, MA, and the Great South Channel,
including Georges Bank out to the exclusive economic zone boundary. The
results of the PARS can be found in docket number USCG-2007-0057. In
this second PARS, we recommended establishing a seasonal Area to be
Avoided (ATBA) and amending the southeastern portion of the TSS to make
it uniform throughout its length. In 2009, we revised the TSS and
established the ATBA. The revised TSS and the ATBA appear on nautical
charts. However, neither the revised TSS nor the ATBA were added to the
CFR. The IMO has adopted the revised TSS and the ATBA, and they are
described in ``Ships' Routeing.''
We established the TSS in the approaches to Narragansett Bay, RI,
and Buzzards Bay, MA, in 1973 and amended it in 1983. On December 23,
2003, the Coast Guard published a Notice of PARS for Narragansett Bay,
RI and Buzzards Bay, MA (68 FR 246). In the PARS, we recommended not
changing the existing TSS. This TSS appears on nautical charts but is
not included in the CFR. The IMO has adopted this TSS, and it is
described in ``Ships Routeing.''
On January 18, 2002, the Coast Guard published a Notice of PARS for
the Approaches to Cape Fear River, NC (67 FR 2616). We announced the
completion of the PARS on April 8, 2004 (69 FR 18476). In the PARS, we
recommended establishing a precautionary area and TSS near the
approaches to the Cape Fear River. We established the recommended
precautionary area and TSS in the approaches to the Cape Fear River,
NC, in 2004. The precautionary area and TSS appear on nautical charts
but are not incorporated in the CFR. The IMO has adopted this
precautionary area and TSS, and it is described in ``Ships' Routeing.''
We established the TSS in the approaches to Chesapeake Bay, VA, in
1978, revised it in 1991, and incorporated it in the CFR in 1994 (59 FR
21937). On July 26, 2002, the Coast Guard announced a PARS for the
approaches to Chesapeake Bay, VA (67 FR 48837). We recommended an
amendment to the Eastern Approach TSS. The amended TSS is shown on
nautical charts but is not incorporated in the CFR. The IMO adopted
this amendment to the TSS, and it is described in ``Ships' Routeing.''
Each of the TSSs described in this section appears on nautical
charts and is described in the United States Coast Pilot published by
NOAA. All vessels over 1600 gross registered tons must have nautical
charts and a copy of the United States Coast Pilot when operating in
the navigable waters of the United States (33 CFR 164.33).
The nautical charts showing these TSSs and the United States Coast
Pilot can be viewed on the Internet through the NOAA Office of Coast
Survey Web site at: http:[sol][sol]www.nauticalcharts.noaa.gov/mcd/
OnLineViewer.html.
These TSSs have also been adopted by the IMO and are included in
the current version of ``Ships' Routeing.'' This publication is
available by contacting the IMO at: IMO Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom. e-mail: [email protected].
C. Regulatory History
The Coast Guard did not publish a Notice of Proposed Rulemaking
(NPRM) for this rule. Under the Administrative Procedure Act (APA)
``good cause'' exception at 5 U.S.C. 553(b)(B), an agency may dispense
with notice and comment procedures if the agency finds that following
these APA requirements would be ``impracticable, unnecessary, or
contrary to the public interest.'' The Coast Guard determined that good
cause exists for dispensing with notice and comment procedures for this
rule because notice and comment is unnecessary.
Notice and comment for this rulemaking is unnecessary because the
codification of these TSSs is both insignificant in nature and impact,
and inconsequential to the industry and the public. Mariners navigate
not by what is in the CFR, but by what appears on nautical charts. This
rule merely codifies TSSs as they have appeared on nautical charts and
in United States Coast Pilot and IMO Publications, and as they have
been used by mariners, for several years.
Additionally, the use of a TSS by a mariner is strictly voluntary
and the codification of these TSSs does not create a requirement or
impose a burden on either the mariner or the public. Further, the
inclusion of these TSSs into the CFR does not impose a new requirement
and will not alter the decision of a mariner to use or not use a TSS.
These TSSs have appeared on nautical charts and have been used by
mariners for several years and there have been no comments, complaints
or requests for modification from either mariners or the public.
IV. Discussion of the Interim Rule
Through this interim final rule, the Coast Guard codifies the
coordinates of the TSSs in the approaches to Portland, ME, in the
approaches to Boston, MA, in the approaches to Narragansett Bay, RI,
and Buzzards Bay, MA, and in the approaches to the Cape Fear River, NC.
Through this interim final rule, we also amend the existing TSS in the
approaches to Chesapeake Bay, VA.
The latitude and longitude details of the TSS coordinates are shown
in the regulatory text of this interim final rule. We note that reading
the coordinates is not sufficiently informative and that the applicable
nautical charts should be consulted to fully appreciate the position
and configuration of the TSSs. However, these charts are too large a
scale to reproduce in the Federal Register. Therefore, we recommend
viewing these TSSs with the NOAA Nautical Chart On-Line Viewer. The Web
site for each TSS is listed below.
[[Page 77532]]
A. In the Approaches to Portland, ME
The existing TSS in the approaches to Portland, ME, (NOAA chart
13292, Portland Harbor and Vicinity) can be viewed by using the NOAA
Nautical Chart On-Line Viewer at address:
http:[sol][sol]www.charts.noaa.gov/OnLineViewer/13292.shtml.
B. In the Approaches to Boston, MA
The existing TSS in the approaches to Boston, MA and the ATBA (NOAA
chart 13267, Massachusetts Bay) can be viewed by using the NOAA
Nautical Chart On-Line Viewer at address:
http:[sol][sol]www.charts.noaa.gov/OnLineViewer/13267.shtml.
C. In the Approaches to Narragansett Bay, RI and Buzzards Bay, MA
The existing TSS in the approaches to Boston, MA, (NOAA chart
13218, Martha's Vineyard to Block Island) can be viewed by using the
NOAA Nautical Chart On-Line Viewer at address:
http:[sol][sol]www.charts.noaa.gov/OnLineViewer/13218.shtml.
D. In the Approaches to Chesapeake Bay, VA
The existing TSS in the approaches to Chesapeake Bay, VA, (NOAA
chart 12221, Chesapeake Bay Entrance) can be viewed by using the NOAA
Nautical Chart On-Line Viewer at address:
http:[sol][sol]www.charts.noaa.gov/OnLineViewer/12221.shtml.
E. In the Approaches to Cape Fear River, NC
The existing TSS in the approaches to Cape Fear River, NC and the
Precautionary Area (NOAA chart 11536, Approaches to Cape Fear River)
can be viewed by using the NOAA Nautical Chart On-Line Viewer at
address: http:[sol][sol]www.charts.noaa.gov/OnLineViewer/11536.shtml.
V. Regulatory Analyses
We developed this interim final rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
As previously discussed, the TSSs codified in this interim final
rule were adopted by IMO and are reflected on current nautical charts
and in nautical publications. We anticipate no increased costs for
vessels traveling within the aforementioned areas.
These internationally recognized traffic separation schemes provide
better routing order and predictability, increase maritime safety, and
reduce the potential for collisions, groundings, and hazardous cargo
spills.
By codifying these existing TSSs, we record the latitudes and
longitudes of the TSSs' coordinates in the CFR tables and make it
easier for the public to reference our regulations when recommending
modifications or other operational considerations. Including them in
the CFR merely memorializes the position and configuration of the TSSs
and does not impact mariner actions or expectations.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this interim final rule has a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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.
As this rule serves to codify in the CFR TSSs that have already
been implemented, we estimate that there will be no increased costs due
to this rule.
Therefore, the Coast Guard certifies, under 5 U.S.C. 605(b), that
this interim final rule does not have a significant economic impact on
a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If you believe
this rule affects your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. George Detweiler, Office of
Navigation Systems, telephone 202-372-1566. The U.S. Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the U.S. Coast Guard.
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
We have analyzed this rule under that Order and have determined
that it has federalism implications. Conflict preemption principles
apply to PWSA Title I, and the TSSs in this rule are issued under the
authority of PWSA Title I. These TSSs are specifically intended to have
preemptive impact over State law covering the same subject matter in
the same geographic area.
Title I of PWSA (33 U.S.C. 1221 et seq.) authorizes the Secretary
to issue regulations to designate TSSs to provide safe access routes
for the movement of vessel traffic proceeding to or from ports or
places subject to the jurisdiction of the United States. In enacting
the PWSA in 1972, Congress found that advance planning and consultation
with the affected States and other stakeholders was necessary in the
development and implementation of a TSS. Throughout the history of the
development of the TSSs that are the subject of this rule, we have
sought input from the public and consulted with the affected State and
Federal pilots' associations, vessel operators, users, environmental
advocacy groups, and all affected stakeholders.
Presently, there are no State laws or regulations in the States
affected by this rule concerning the same subjects as those contained
in this rule. We understand that the affected States do not contemplate
issuing any such regulations.
Foreign vessel owners and operators usually become aware of TSSs
when the TSSs are added to the United States Coast Pilot and the
nautical charts that are required on each ship operating in U.S. waters
by 33 CFR 164.33. Foreign vessel owners and operators also become aware
of TSSs through their
[[Page 77533]]
national IMO delegation and IMO publications.
The individual States of the United States are not represented at
the IMO as that is the role of the Federal Government. The U.S. Coast
Guard is the principal agency responsible for advancing the interests
of the United States at the IMO. In this role, we solicit comments from
the stakeholders through public meetings and develop a unified U.S.
position prior to attending sessions of the IMO Subcommittee on Safety
of Navigation and the Maritime Safety Committee where TSSs are
discussed.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards, nor is the Coast Guard
aware of the existence of any standards that address these TSSs.
Therefore, we did not consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(i) of the Instruction. This rule involves
navigational aids, which include TSSs. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 167
Harbors, Incorporation by reference, Marine safety, Navigation
(water), Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 167, subpart B as follows:
PART 167--[AMENDED]
0
1. Revise the authority citation for part 167 to read as follows:
Authority: 33 U.S.C. 1223; Department of Homeland Security
Delegation No. 0170.0.
0
2. Add Sec. 167.50 to read as follows:
Sec. 167.50 In the approaches to Portland, ME: General.
The traffic separation scheme in the approaches to Portland, ME,
consists of three parts: A precautionary area, an Eastern approach and
a Southern approach. The specific areas in the traffic separation
scheme in the approaches to Portland, ME, are described in Sec. Sec.
167.51 through 167.53.
0
3. Add Sec. 167.51 to read as follows:
Sec. 167.51 In the approaches to Portland, ME: Precautionary area.
A precautionary area is established with a radius of 5.45 miles
centered upon geographical position 43[deg]31.60' N, 70[deg]05.53' W,
the areas within separation zones and traffic lanes excluded.
0
4. Add Sec. 167.52 to read as follows:
Sec. 167.52 In the approaches to Portland, ME: Eastern approach.
(a) A separation zone 1 mile wide is established and is centered
upon the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
43[deg]30.18' N........................ 069[deg]59.17' W.
43[deg]24.28' N........................ 069[deg]32.70' W.
------------------------------------------------------------------------
(b) A traffic lane \1/2\ miles wide is established on each side of
the separation zone.
0
5. Add Sec. 167.53 to read as follows:
Sec. 167.53 In the approaches to Portland, ME: Southern approach.
(a) A separation zone 1 mile wide is established and is centered
upon the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
43[deg]27.00' N........................ 70[deg]03.48' W.
43[deg]07.82' N........................ 69[deg]54.95' W.
------------------------------------------------------------------------
(b) A traffic lane 1\1/2\ mile wide is established on each side of
the separation zone.
0
6. Add Sec. 167.75 to read as follows:
[[Page 77534]]
Sec. 167.75 In the approach to Boston, MA: General.
The traffic separation scheme (TSS) in the approach to Boston, MA,
consists of three parts: Two precautionary areas and a TSS. The
specific areas in the TSS in the approach to Boston, MA, are described
in Sec. Sec. 167.76 and 167.77. The geographic coordinates in
Sec. Sec. 167.76 and 167.77 are defined using North American Datum
1983 (NAD 83), which is equivalent to WGS 1984 datum.
0
7. Add Sec. 167.76 to read as follows:
Sec. 167.76 In the approach to Boston, MA: Precautionary areas.
(a) A precautionary area is established with a radius of 6.17
nautical miles centered upon geographical position 42[deg]22.71' N,
70[deg]46.97' W.
(b) (1) A precautionary area is established and is bounded to the
east by a circle of radius 15.5 miles, centered upon geographical
position 40[deg]35.01' N, 68[deg]59.96' W, intersected by the traffic
separation schemes in the approach to Boston, MA, and Eastern approach,
off Nantucket (part II of the TSS off New York) at the following
geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]50.47' N........................ 68[deg]58.67' W.
40[deg]23.75' N........................ 69[deg]13.95' W.
------------------------------------------------------------------------
(2) The precautionary area is bounded to the west by a line
connecting the two TSSs between the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]48.03' N........................ 69[deg]02.95' W.
40[deg]36.76' N........................ 69[deg]15.13' W.
------------------------------------------------------------------------
0
8. Add Sec. 167.77 to read as follows:
Sec. 167.77 In the approach to Boston, MA: Traffic Separation Scheme.
(a) A separation zone 1 mile wide is established and is centered
upon the following geographic positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
42[deg]20.73' N........................ 70[deg]39.06' W.
42[deg]18.28' N........................ 70[deg]01.14' W.
40[deg]49.25' N........................ 69[deg]00.81' W.
------------------------------------------------------------------------
(b) A traffic lane for northbound traffic is established between
the separation zone and a line connecting the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]50.47' N........................ 68[deg]58.67' W.
42[deg]20.17' N........................ 69[deg]59.40' W.
42[deg]22.71' N........................ 70[deg]38.62' W.
------------------------------------------------------------------------
(c) A traffic lane for southbound traffic is established between
the separation zone and a line connecting the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
42[deg]18.82' N........................ 70[deg]40.49' W.
42[deg]16.39' N........................ 70[deg]02.88' W.
40[deg]48.03' N........................ 69[deg]02.95' W.
------------------------------------------------------------------------
0
9. Add Sec. 167.100 to read as follows:
Sec. 167.100 In the approaches to Narragansett Bay, RI, and Buzzards
Bay, MA: General.
The traffic separation scheme in the approaches to Narragansett
Bay, RI, and Buzzards Bay, MA, consists of four parts: Two
precautionary areas and two approaches--a Narragansett approach and a
Buzzards Bay approach. The specific areas in the approaches to
Narragansett Bay, RI, and Buzzards Bay, MA, are described in Sec. Sec.
167.101 through 167.103. The geographic coordinates in Sec. Sec.
167.101 through 167.103 are defined using North American Datum 1983
(NAD 83), which is equivalent to WGS 1984 datum.
0
10. Add Sec. 167.101 to read as follows:
Sec. 167.101 In the approaches to Narragansett Bay, RI, and Buzzards
Bay, MA: Precautionary areas.
(a) A precautionary area is established with a radius of 5.4 miles
and is centered upon geographical position 41[deg]06.00' N,
71[deg]23.30' W.
(b) A precautionary area is established with a radius of 3.55 miles
and is centered upon geographical position 41[deg]25.60' N,
71[deg]23.30' W.
0
11. Add Sec. 167.102 to read as follows:
Sec. 167.102 In the approaches to Narragansett Bay, RI, and Buzzards
Bay, MA: Narragansett Bay approach.
(a) A separation zone 2 miles wide is established and is centered
upon the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]22.70' N........................ 71[deg]23.30' W.
41[deg]11.10' N........................ 71[deg]23.30' W.
------------------------------------------------------------------------
(b) A traffic lane 1 mile wide is established on each side of the
separation zone.
0
12. Add Sec. 167.103 to read as follows:
Sec. 167.103 In the approaches to Narragansett Bay, RI, and Buzzards
Bay, MA: Buzzards Bay approach.
(a) A separation zone 1 mile wide is established and is centered
upon the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]10.20' N........................ 71[deg]19.10' W.
41[deg]21.80' N........................ 71[deg]07.10' W.
------------------------------------------------------------------------
(b) A traffic lane 1 mile wide is established on each side of the
separation zone.
Note to Sec. 167.103: A restricted area, 2 miles wide,
extending from the southern limit of the Narragansett Bay approach
traffic separation zone to latitude 41[deg]24.70' N, has been
established. The restricted area will only be closed to ship traffic
by the Naval Underwater System Center during periods of daylight and
optimum weather conditions for torpedo range usage. The closing of
the restricted area will be indicated by the activation of a white
strobe light mounted on Brenton Reef Light and controlled by a naval
ship supporting the torpedo range activities. There would be no ship
restrictions expected during inclement weather or when the torpedo
range is not in use.
Sec. 167.200 [Amended]
0
13. In Sec. 167.200(a), remove the text ``13.5 meters (45 feet)''
wherever it appears, and add, in its place, the text ``12.8 meters (42
feet).
Sec. 167.201 [Amended]
0
14. In Sec. 167.201, remove the text ``36[deg]56.14' N'' and add, in
its place, the text ``36[deg]56.13' N''; and remove the text
``75[deg]57.43' W'' and add, in its place, the text ``75[deg]57.45'
W''.
0
15. Revise Sec. 167.202 to read as follows:
Sec. 167.202 In the approaches to Chesapeake Bay: Eastern approach.
(a) A separation line is established connecting the following
geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]57.50' N........................ 75[deg]48.21' W.
36[deg]56.40' N........................ 75[deg]52.40' W.
36[deg]56.40' N........................ 75[deg]54.95' W.
------------------------------------------------------------------------
(b) A traffic lane for westbound traffic is established between the
separation line and a line connecting the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]57.94' N........................ 75[deg]48.41' W.
36[deg]56.90' N........................ 75[deg]52.40' W.
36[deg]56.80' N........................ 75[deg]55.14' W.
------------------------------------------------------------------------
(c) A traffic lane for eastbound traffic is established between the
separation line and a line connecting the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]57.04' N........................ 75[deg]48.01' W.
[[Page 77535]]
36[deg]55.88' N........................ 75[deg]52.40' W.
36[deg]55.88' N........................ 75[deg]54.95' W.
------------------------------------------------------------------------
0
16. Revise Sec. 167.203 to read as follows:
Sec. 167.203 In the approaches to Chesapeake Bay: Southern approach.
(a) A separation line connects the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]50.33' N........................ 75[deg]46.29' W.
36[deg]52.90' N........................ 75[deg]51.52' W.
36[deg]55.96' N........................ 75[deg]54.97' W.
------------------------------------------------------------------------
(b) A separation line connects the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]55.11' N........................ 75[deg]55.23' W.
36[deg]52.35' N........................ 75[deg]52.12' W.
36[deg]49.70' N........................ 75[deg]46.80' W.
------------------------------------------------------------------------
(c) A separation line connects the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]49.52' N........................ 75[deg]46.94' W.
36[deg]52.18' N........................ 75[deg]52.29' W.
36[deg]54.97' N........................ 75[deg]55.43' W.
------------------------------------------------------------------------
(d) A separation line connects the following geographical
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
36[deg]54.44' N........................ 75[deg]56.09' W.
36[deg]51.59' N........................ 75[deg]52.92' W.
36[deg]48.87' N........................ 75[deg]47.42' W.
------------------------------------------------------------------------
(e) A traffic lane for inbound traffic is established between the
separation lines described in paragraphs (a) and (b) of this section.
(f) A traffic lane for outbound traffic is established between the
separation lines described in paragraphs (c) and (d) of this section.
(g) A deep-water route is established between the separation lines
described in paragraphs (b) and (c) of this section. The following
vessels should use the deep-water route established in paragraph (g) of
this section when bound for Chesapeake Bay from sea or to sea from
Chesapeake Bay:
(1) Deep draft vessels (drafts greater than 13.5 meters/45 feet in
fresh water); and
(2) Naval aircraft carriers.
(h) It is recommended that a vessel using the deep-water route
established in paragraph (g) of this section--
(1) Announce its intention on VHF-FM Channel 16 as it approaches
Chesapeake Bay Southern Approach Lighted Whistle Buoy CB on the south
end, or Chesapeake Bay Junction Lighted Buoy CBJ on the north end of
the route;
(2) Avoid, as far as practicable, overtaking other vessels
operating in the deep-water route; and
(3) Keep as near to the outer limit of the route which lies on the
vessel's starboard side as is safe and practicable.
(i) Vessels other than those listed in paragraph (d) of this
section should not use the deep-water route.
0
17. Add Sec. 167.250 to read as follows:
Sec. 167.250 In the approaches to the Cape Fear River: General.
The traffic separation scheme (TSS) in the approaches to the Cape
Fear River consists of two parts: A precautionary area and a TSS. The
specific areas in the approaches to Narragansett Bay, RI, and Buzzards
Bay, MA, are described in Sec. Sec. 167.251 and 167.252. The
geographic coordinates in Sec. Sec. 167.251 and 167.252 are defined
using North American Datum 1983 (NAD 83), which is equivalent to WGS
1984 datum.
0
18. Add Sec. 167.251 to read as follows:
Sec. 167.251 In the approaches to the Cape Fear River: Precautionary
area.
A precautionary area is established bounded by a line connecting
the following geographical positions: from 33[deg]47.65' N,
78[deg]04.78' W; to 33[deg]48.50' N, 78[deg]04.27' W; to 33[deg]49.53'
N, 78[deg]03.10' W; to 33[deg]48.00' N, 78[deg]01.00' W; to
33[deg]41.00' N, 78[deg]01.00' W; to 33[deg]41.00' N, 78[deg]04.00' W;
to 33[deg]44.28' N, 78[deg]03.02' W; then by an arc of 2 nautical miles
radius, centered at 33[deg]46.03' N, 78[deg]05.41' W; then to the point
of origin at 33[deg]47.65' N, 78[deg]04.78' W.
0
19. Add Sec. 167.252 to read as follows:
Sec. 167.252 In the approaches to the Cape Fear River: Traffic
Separation Scheme.
(a) A traffic separation zone is established bounded by a line
connecting the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]44.94' N........................ 78[deg]04.81' W.
33[deg]32.75' N........................ 78[deg]09.66' W.
33[deg]34.50' N........................ 78[deg]14.70' W.
33[deg]45.11' N........................ 78[deg]04.98' W.
------------------------------------------------------------------------
(b) A traffic lane for northbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]32.75' N........................ 78[deg]05.99' W.
33[deg]44.38' N........................ 78[deg]03.77' W.
------------------------------------------------------------------------
(c) A traffic lane for southbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]36.22' N........................ 78[deg]18.00' W.
33[deg]46.03' N........................ 78[deg]05.41' W.
------------------------------------------------------------------------
Note to Sec. 167.252: A pilot boarding area is located inside
the precautionary area. Due to heavy ship traffic, mariners are
advised not to anchor or linger in the precautionary area except to
pick up or disembark a pilot.
Dated: December 7, 2010.
P.F. Cook,
Captain, U.S. Coast Guard, Acting Director of Marine Transportation
Systems Management.
[FR Doc. 2010-31113 Filed 12-10-10; 8:45 am]
BILLING CODE 9110-04-P