[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10176]


[Federal Register: April 28, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 167

[CGD 90-039]
RIN 2115-AD43


Traffic Separation Scheme; In The Approaches to Chesapeake Bay

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard amends the traffic separation scheme (TSS) in 
the Approaches to Chesapeake Bay by realigning and reconfiguring the 
Southern Approach to incorporate a deep-water (DW) route. The Coast 
Guard suspended the Southern approach lanes on October 15, 1988, 
because the water depth was too shallow to accommodate the deeper draft 
vessels which were able to call on the port after completion of a U.S. 
Army Corps of Engineers (COE) channel deepening project in Hampton 
Roads. The realigned and reconfigured Southern Approach utilizes 
naturally occurring deeper water and incorporates the proposed Atlantic 
Ocean Channel, a U.S. Army Corps of Engineers navigation improvement 
project.

EFFECTIVE DATES: May 31, 1994.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT:
Margie G. Hegy, Project Manager, Short Range Aids to Navigation 
Division, Office of Navigation Safety and Waterway Services at (202) 
267-0415.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Margie 
G. Hegy, Project Manager, John R. Walters, Project Officer, Fifth Coast 
Guard District Portsmouth, VA, and Helen G. Boutrous, Project Counsel, 
Office of Chief Counsel.

Regulatory History

    On September 6, 1990, the Coast Guard published a notice of 
proposed rulemaking entitled ``Traffic Separation Scheme; In the 
Approaches to Chesapeake Bay'' in the Federal Register (55 FR 36666). 
The Coast Guard received six letters commenting on the proposal. A 
public hearing was not requested and one was not held.

Background and Purpose

    The Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1223 
authorizes the Secretary of the Department in which the Coast Guard is 
operating to establish TSSs and shipping safety fairways, where 
necessary, to provide safe access routes for vessels proceeding to or 
from United States ports.
    A TSS is an internationally recognized routing measure that 
minimizes the risk of collision by separating vessels into opposing 
streams of traffic through the establishment of traffic lanes. To be 
internationally recognized, a TSS must be approved by the International 
Maritime Organization (IMO). IMO approves a TSS only if the proposed 
routing system complies with IMO principles and guidelines on ships' 
routing. Vessel use of a TSS is voluntary; however, vessels operating 
in or near an IMO approved TSS are subject to Rule 10 of the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS), 33 U.S.C. foll. 1602.
    The TSS in the Approaches to Chesapeake Bay was established on 
December 1, 1969, and was adopted by IMO on October 12, 1971. In 
consists of three parts: Part I, Precautionary Area; Part II, Eastern 
Approach; and Part III, Southern Approach.

Regulatory Background

    The 1978 amendments to the PWSA required the Coast Guard to 
undertake a port access route study to determine the need for TSSs or 
shipping safety fairways to increase vessel traffic safety in offshore 
areas subject to the jurisdiction of the United States. The Coast Guard 
initiated this study by publishing a notice of study on April 16, 1979 
(44 FR 22543). The final notice of study results for the TSS in the 
Approaches to Chesapeake Bay was published on July 22, 1982 (47 FR 
31766). The study concluded that the existing TSS was adequate for the 
foreseeable future.
    The Water Resources Development Act of 1986, Public Law 99-662, (33 
U.S.C. 2201 et seq.) authorized the deepening of the Thimble Shoals, 
Newport News, Craney Island Reach, Norfolk Harbor Reach, and the 
Entrance Reach Channels in the port of Hampton Roads to a depth of 55' 
below mean low water (MLW) and construction of a new channel, to be 
known as the Atlantic Ocean Channel. The Atlantic Ocean Channel will 
connect deep water at the entrance to Chesapeake Bay with deep water in 
the Atlantic Ocean.
    Completion of the dredging of all channels except the Atlantic 
Ocean Channel to 50' (MLW) allows vessels with drafts exceeding the 
water depths in the existing Southern Approach lanes to call on the 
ports of Hampton Roads. The COE conducted hydrographic surveys in 1985 
and 1986 and found that the water depth in the Southern Approach lanes 
was only 48' (MLW); however, water depths of 50' were found in the 
immediate vicinity. To ensure safe navigation for vessels with drafts 
exceeding the water depth in the Southern Approach lanes, the Coast 
Guard suspended the Southern Approach lanes (Notice to Mariners No. 31, 
July 30, 1988). A system of safewater buoys was established, as an 
interim measure, to direct vessels to naturally occurring deeper waters 
in the immediate vicinity.
    The Coast Guard opened a Port Access Route Study on July 12, 1988 
(53 FR 26282). The study, conducted by the Fifth Coast Guard District 
in Portsmouth, VA, evaluated the need for vessel routing measures in 
the approaches to Chesapeake Bay. The study area encompassed the 
approaches to Chesapeake Bay, including the TSS.
    The study results were published on July 13, 1989, at 54 FR 29627. 
The study, concluding that there is a continuing need for the TSS, 
recommended that the Southern Approach be realigned and reconfigured to 
incorporate a deep-water route with specific rules for vessels 
operating therein.
    A deep-water route is an internationally recognized routing measure 
primarily intended for use by ships, which because of their draft in 
relation to the available depth of water in the area concerned, require 
the use of such a route. In the Southern Approach, water depths outside 
of the planned deep water route are insufficient for use by vessels 
drawing more than 45' of water. It is also a general requirement of IMO 
that traffic which does not require the use of the deep-water route 
should avoid using the route.
    The Coast Guard submitted the amended TSS, as proposed in the NPRM, 
to IMO's Subcommittee on Safety of Navigation (NAV) for consideration 
and approval at its September 1990 meeting. The Subcommittee approved 
the establishment of a deep-water route between the traffic lanes of 
the southern approach of the TSS as proposed by the U.S., but ``could 
not agree with the proposal to recommend the use of the deep-water 
route by certain ships with a draft of less than 45' (13.5 meters) 
which need not use the deep-water route.'' The Subcommittee amended the 
U.S. proposal accordingly and forwarded it to IMO's Maritime Safety 
Committee for consideration and adoption. The Committee adopted the 
revised proposal at its May 1991 meeting for implementation at 0000 
hours UTC, 0500 Eastern Time Zone, on 16 November 1991.
    The Coast Guard is reconfiguring the Southern Approach, which is 
crucial to continued navigation safety and protection of the marine 
environment, and publishing the Precautionary Area and Eastern Approach 
parts of the existing TSS.
    The Southern Approach consists of inbound and outbound lanes for 
vessels drawing 45' of water or less, separated by a 1300' wide deep-
water route for inbound and outbound vessels drawing over 45' of water 
and for naval aircraft carriers.
    Both the inbound and outbound lanes for vessels drawing 45' feet of 
water or less measure 0.75 nautical miles (1500 yards) in width as 
determined by multiplying the published standard error of LORAN-C (0.25 
NM) by three. Because of the low-lying coast of the Commonwealth of 
Virginia and the lack of prominent landmarks, LORAN-C remains an 
acceptable aid to navigation for use in these inbound and outbound 
lanes.
    The deep water route, for vessels drawing over 45' of water, 
measures 1300' in width and has a charted natural depth of 50' or 
greater. As currently planned, the COE will construct the Atlantic 
Ocean Channel in this location when funds become available in both the 
Federal and Commonwealth of Virginia budgets. Due to uncertain economic 
conditions, a dredging completion date is unknown.

Discussion of Comments and Changes

    Six written comments were received in response to the notice of 
proposed rulemaking. Five comments fully support establishment of the 
traffic separation scheme and the sixth comment offered editorial 
suggestions. Specific comments pertaining to other aspects of the 
proposal are discussed below.
    The U.S. Army Corps of Engineers (COE) advised that due to 
budgetary consideration in the Commonwealth of Virginia, dredging of 
the Atlantic Ocean Channel would be rescheduled to an indefinite time 
in the future. The COE also pointed out an error in one of the 
geographical positions for the inbound traffic lane. This information 
has been corrected in the final rule.
    One comment, which is not adopted in this final rule, suggested 
that the draft limitation for use of the deep-water route be changed to 
``vessels drawing 45 feet or more'' while four comments agreed with the 
proposal to provide vessels drawing greater than 45 feet exclusive use 
of the deep-water route.
    Five comments strongly objected to the proposal to recommend that 
all vessels carrying dangerous cargo and petroleum distillates as cargo 
use the deep-water route. IMO's Subcommittee on Safety of Navigation 
also objected to this provision and amended the U.S. proposal to 
exclude it from consideration and adoption by the Maritime Safety 
Committee. Based on the comments and IMO's action, this proposed 
recommendation is deleted from this final rule.
    Three comments objected to naval aircraft carriers using the deep-
water route. In response to the notice of study, the U.S. Navy 
requested that it be allowed to use the deep-water route to ensure the 
continued safe, uneventful transit of aircraft carriers to and from 
sea. The Coast Guard and IMO agree that aircraft carrier usage of the 
deep-water route will enhance navigation safety and therefore will be 
permitted.
    One comment suggested placement of a buoy near latitude 
36 deg.54.43' longitude 75 deg.53.2'W to mark lesser water depths 
adjacent to the inbound traffic lane. The 1500-yard inbound lane, with 
the use of LORAN-C or radar, is sufficient to allow safe passage 
through the area without the placement of a buoy. Therefore, this 
comment is not adopted.
    Three comments disagreed with the proposed recommendation that 
vessels announce their intentions to use the deep-water route. One 
comment objected to Channel 16 VHF-FM usage because of frequency 
congestion by other users. Two comments recommended that vessels call 
at least one hour prior to entering the deep-water route instead of at 
the time the vessel 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, as proposed in the NPRM. The 
Coast Guard realizes that Channel 16 is crowded, however it is 
recognized as the distress, safety, and calling frequency in the United 
States and internationally as evidenced by IMO's adoption of this 
recommended practice. If the exchange of additional information is 
required, shifting to another VHF-FM channel would be appropriate.
    Other minor editorial and administrative changes have been made to 
improve the clarity of this part.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and non-significant under the DOT 
regulatory policies and procedures (44 FR 11034; February 26, 1979). 
Vessels have been complying with the requirements of this rule since 
IMO implementation on November 16, 1991. No additional costs are 
associated with this final rule. The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    There are no additional costs associated with this final rule as 
vessels have been using the newly configured southern approach lanes 
since it was implemented by IMO on November 16, 1991. Therefore, the 
Coast Guard certifies under Section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.
    The authority to establish TSSs and shipping safety fairways, where 
necessary, to provide safe across routes for vessels proceeding to or 
from U.S. ports is committed to the Coast Guard by Federal Statute. 
Therefore, the Coast Guard does not expect this rule to raise any 
preemption issues with respect to state actions on the same subject 
matter.

Environmental Impact

    The Coast Guard has determined that this action will not have a 
significant impact on the environment and that an environmental impact 
statement is not necessary. A Finding of No Significant Impact (FONSI) 
is on file in the docket for inspection or copying where indicated 
under ADDRESSES. Comments received as a result of the NPRM did not 
address any environmental concerns.

List of Subjects in 33 CFR Part 167

    Harbors, Marine safety, Navigation (water), Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 167 as follows:

PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES

    1. The authority citation for part 167 continues to read as 
follows:

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.

    2. Section 167.3 is revised to read as follows:


Sec. 167.3  Geographic coordinates.

    Geographic coordinates are defined using North American 1927 Datum 
(NAD 27) unless indicated otherwise.

    3. In Sec. 167.5, paragraph (e) is added to read as follows:


Sec. 167.5  Definitions.

* * * * *
    (e) Deep-water route means an internationally recognized routing 
measure primarily intended for use by ships that, because of their 
draft in relation to the available depth of water in the area 
concerned, require the use of such a route.

    4. The heading for Subpart B is amended to read as follows:

Subpart B--Description of Traffic Separation Schemes and 
Precautionary Areas

    5. Sections 167.200 through 167.203 are added to read as follows:


Sec. 167.200  Chesapeake Bay approach traffic separation scheme.

    (a) The traffic separation scheme in the approaches to Chesapeake 
Bay consists of three parts: a Precautionary Area, an Eastern Approach, 
and a Southern Approach. The Southern Approach consists of inbound and 
outbound lanes for vessels drawing 13.5 meters (45 feet) of fresh water 
or less, separated by a deep-water (DW) route for inbound and outbound 
vessels with drafts exceeding 13.5 meters (45 feet) in fresh water and 
for naval aircraft carriers. Each part is defined geographically, using 
North American Datum 1983 (NAD 83), in Secs. 167.201, 167.202, 167.203.
    (b) All vessels approaching the Traffic Separation Scheme in the 
Approaches to Chesapeake Bay should use the appropriate inbound or 
outbound traffic lane.


Sec. 167.201  Precautionary area.

    A precautionary area is established bounded by a circle with a two-
mile radius, centered on the following geographic position:

Latitude                             Longitude                          
36 deg.56.14' N                      75 deg.57.43' W                    
                                                                        

Sec. 167.202  Eastern approach.

    (a) A separation line is established connecting the following 
geographic positions:

Latitude                             Longitude                          
36 deg.58.66' N                      75 deg.48.63' W                    
36 deg.56.79' N                      75 deg.55.08' W                    
                                                                        

    (b) An inbound traffic lane is established between the separation 
line and a line connecting the following geographical positions:

Latitude                             Longitude                          
36 deg.59.14' N                      75 deg.48.88' W                    
36 deg.57.24' N                      75 deg.55.34' W                    
                                                                        

    (c) An outbound traffic lane is established between the separation 
line and a line connecting the following geographical positions:

Latitude                             Longitude                          
36 deg.56.29' N                      75 deg.54.93' W                    
36 deg.58.18' N                      75 deg.48.48' W                    
                                                                        

Sec. 167.203  Southern approach.

    (a) An inbound traffic lane is established between separation lines 
running through 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                    
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                    
                                                                        

    (b) An outbound traffic lane is established between separation 
lines running through 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                    
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                    
                                                                        

    (c) A deep-water route is established between lines running through 
the following geographical positions:

Latitude                             Longitude                          
34 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                    
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) The following vessels should use the deep-water route 
established in paragraph (c) 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).
    (2) Naval aircraft carriers.
    (e) It is recommended that a vessel using the deep-water route 
established in paragraph (c) 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.
    (f) Vessels other than those listed in paragraph (d) of this 
section should not use the deep-water route.

    Dated: April 15, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 94-10176 Filed 4-26-94; 8:45 am]
BILLING CODE 4910-14-M