[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25576-25578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12254]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 167

[CGD 97-004]
RIN 2115-AF42


Traffic Separation Scheme in the Approaches to Delaware Bay

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the traffic separation 
scheme (TSS) in the approaches to Delaware Bay by shifting the Eastern 
approach lanes southward; establishing a two-way route for use by tug 
and tow traffic; and reconfiguring the precautionary area to exclude 
shoal areas too shallow for deep draft vessels. Navigation safety, 
economic, and environmental considerations necessitate action to 
separate large inbound vessels from tug and barge traffic transiting 
easterly and northerly along traditional New Jersey coastal routes. The 
proposed reconfiguration will reduce frequent near misses and the 
probability of an incident which could result in a major chemical or 
petroleum oil spill.

DATES: Comments must be received on or before August 7, 1997.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 97-004), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to

[[Page 25577]]

room 3406 at the same address between 9:30 a.m. and 2 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (202) 
267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Margie G. Hegy, Project Manager, 
Office of Vessel Traffic Management at (202) 267-0415.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 97-004) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The 1978 amendments to the Posts and Waterways Safety Act (PWSA), 
33 U.S.C. 1223(c), require that a port access route study be conducted 
prior to establishing or adjusting a traffic separation scheme (TSS). A 
TSS is an internationally recognized routing measure intended to 
minimize 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. Rule 10 of the International Regulations for Preventing 
Collisions at Sea, 1972 (COLREG 1972), prescribes the conduct of 
vessels within or near a TSS adopted by IMO.
    The Coast Guard conducted a study of the TSS in the Approaches to 
Delaware Bay which was announced in the Federal Register on March 22, 
1994 (59 FR 14126). The notice of study results for the Approaches to 
Delaware Bay was published in the Federal Register on September 22, 
1995 (60 FR 49237).
    The existing TSS, adopted by the Inter-Governmental Maritime 
Consultative Organization (as the IMO was formerly known) on October 
28, 1969, is published in the IMO publication Ships' Routing (B-IX/6-
1). A change to the southeastern approach lanes was implemented on 
March 15, 1976. The TSS off Delaware Bay consists of an Eastern 
approach, a South-eastern approach, and a precautionary area. The 
Eastern approach consists of a westbound traffic lane and an eastbound 
traffic lane divided by a separation zone. The Southeastern approach 
consists of a northwesterly traffic lane and a southeasterly traffic 
lane divided by a separation zone. The precautionary area consists of 
an eight mile radius centered upon Harbor of Refuge light.
    The study showed that navigation safety, economic, and 
environmental considerations necessitate establishment of a TSS to 
better separate large inbound vessels from tug and barge traffic 
transiting easterly and northerly along their traditional New Jersey 
coastal route. In the current configuration near misses occur much too 
frequently. The probability of a major chemical or petroleum oil spill 
is much too great to ignore. Therefore, the Coast Guard is proposing to 
adjust the Eastern Approach TSS, establish a Two-Way Traffic Route for 
tug and barge traffic entering and departing Delaware Bay, and 
reconfigure the precautionary area. The proposed changes have already 
been adopted by IMO, and barring any changes resulting from this 
rulemaking, will be implemented in June 1997.

Discussion of Proposed Rules

    The proposed Eastern approach would still consist of a traffic lane 
for westbound traffic and a traffic lane for eastbound traffic divided 
by a separation zone, but the west end of the northern boundary of the 
TSS would be rotated clockwise to the position of Delaware Bay North 
Approach Lighted Bell Buoy 2 (LLNR 1475).
    The Southeastern approach would remain unchanged, but would be 
added to the CFR. It consists of a north-westbound traffic lane and a 
south-eastbound traffic lane divided by a separation zone.
    The proposed Two-Way Traffic Route would start north of the Eastern 
approach and would follow the general contour of the New Jersey coast 
heading southwesterly, then west before turning back to the northwest. 
This route would better separate tug and tow traffic from large inbound 
traffic in the Eastern approach. This route would not be for the 
exclusive use of tug and tow traffic, but would be available for use by 
all vessels with a draft that enables them to operate safely.
    Reconfiguring the Precautionary area, as proposed, would remove 
areas that cannot be used by deep draft vessels due to the naturally 
available water depths and more accurately reflects to the 
international mariner where caution should be exercised.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary since this proposal is an adjustment of an existing TSS 
which will provide a much higher degree of safety.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    The adjustment of the existing TSS provides an increased level of 
safety for mariners using the TSS thereby decreasing any adverse 
economic effect on the region due to a potential collision. Because it 
expects the impact of this proposal to be minimal, the Coast

[[Page 25578]]

Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This proposal 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 proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.c of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ``ADDRESSES.''

List of Subjects in 33 CFR Part 167

    Navigation (water), Traffic separation schemes, Vessels.

    In consideration of the foregoing, the Coast Guard proposes to 
amend 33 CFR part 167 as set forth below.

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 167.5 is amended to add paragraph (f) to read as 
follows:


Sec. 167.5  Definitions.

* * * * *
    (f) Two-way route means a route within defined limits inside which 
two way traffic is established, aimed at providing safe passage of 
ships through waters where navigation is difficult or dangerous.
    3. Sections 167.170 through 167.174 are added to read as follows:


Sec. 167.170  Off Delaware Bay Approach Traffic Separation Scheme and 
Precautionary Area.

    The Off Delaware Bay Traffic Separation Scheme consists of four 
parts: An Eastern approach, a South-eastern approach, a Two-Way Traffic 
Route, and a precautionary area. The specific areas of the Off Delaware 
Bay Traffic Separation Scheme and Precautionary Area are described in 
Sec. 166.171, Sec. 167.172, Sec. 167.173, and Sec. 167.174 of this 
chapter.


Sec. 167.171  Eastern approach.

    (a) A separation zone is established bounded by a line connecting 
the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.46'18'' N.........................  74 deg.35'27'' W             
38 deg.46'20'' N.........................  74 deg.55'45'' W             
38 deg.47'27'' N.........................  74 deg.55'24'' W             
38 deg.47'21'' N.........................  74 deg.34'30'' W             
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established between the 
northern side of the separation zone and a line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.46'19'' N.........................  74 deg.55'18'' W             
38 deg.49'40'' N.........................  74 deg.36'45'' W             
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established between the 
south side of the separation zone and a line connecting the following 
points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.45'27'' N.........................  74 deg.56'12'' W             
38 deg.44'27'' N.........................  74 deg.34'21'' W             
------------------------------------------------------------------------

Sec. 167.172  Southeastern approach.

    (a) A separation zone is established bounded by a line connecting 
the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.27'00'' N.........................  74 deg.42'17'' W             
38 deg.43'24'' N.........................  74 deg.57'59'' W             
38 deg.44'12'' N.........................  74 deg.57'11'' W             
38 deg.27'36'' N.........................  74 deg.41'17'' W             
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is established 
between the northeastern side of the separation zone and a line 
connecting the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.28'48'' N.........................  74 deg.39'17'' W             
38 deg.45'06'' N.........................  74 deg.56'35'' W             
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is established 
between the southwestern side of the separation zone and a line 
connecting the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.42'48'' N.........................  74 deg.58'53'' W             
38 deg.27'00'' N.........................  74 deg.45'23'' W             
------------------------------------------------------------------------

Sec. 167.173  Two-Way Traffic Route.

    The Two-Way Traffic Route is recommended for use predominantly by 
tug and tow traffic transiting to and from the North East in order to 
separate such traffic from large, inbound vessel traffic.
    (a) The Two-Way Traffic Route is bounded on the west and south by a 
line connecting the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
38 deg.50'45'' N.........................  75 deg.03'24'' W             
38 deg.47'30'' N.........................  75 deg.01'48'' W             
38 deg.48'19'' N.........................  74 deg.55'18'' W             
38 deg.50'12'' N.........................  74 deg.49'44'' W             
39 deg.00'00'' N.........................  74 deg.40'14'' W             
------------------------------------------------------------------------

    (b) The Two-Way Traffic Route is bounded on the east and north by a 
line connecting the following points:

------------------------------------------------------------------------
                 Latitude                            Longitude          
------------------------------------------------------------------------
39 deg.00'00'' N.........................  74 deg.41'00'' W             
38 deg.50'29'' N.........................  74 deg.50'18'' W             
38 deg.48'48'' N.........................  74 deg.55'15'' W             
38 deg.48'20'' N.........................  74 deg.59'18'' W             
38 deg.49'06'' N.........................  75 deg.01'39'' W             
38 deg.51'16'' N.........................  75 deg.02'50'' W             
------------------------------------------------------------------------

Sec. 167.174  Precautionary area.

    The Precautionary area is defined as follows: from 38 deg.42'48'' 
N, 74 deg.58'54'' W; thence northerly by an arc of eight nautical miles 
centered at 38 deg.48'54'' N, 75 deg.05'36'' W to 38 deg.47'27'' N, 
74 deg.55'18'' W; thence westerly to 38 deg.47'30'' N, 75 deg.01'48'' 
W; thence northerly to 38 deg.50'45'' N, 75 deg.03'24'' W; thence 
northeasterly to 38 deg.51'16'' N, 75 deg.02'50'' W; thence northerly 
to 38 deg.54'48'' N, 75 deg.01'36'' W; thence westerly by an arc of 6.7 
nautical miles centered at 38 deg.48'54'' N, 75 deg.05'36'' W to 
38 deg.55'32'' N, 75 deg.05'52'' W; thence southwesterly to 
38 deg.54'00'' N, 75 deg.08'00'' W; thence southerly to 38 deg.42'48'' 
N, 74 deg.58'54'' W. Datum: NAD 83.

    Dated: February 25, 1997.
G.N. Naccara,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 97-12254 Filed 5-8-97; 8:45 am]
BILLING CODE 4910-14-M