[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Rules and Regulations]
[Pages 69633-69636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32097]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 26 and 161
[USCG-1999-6141]
RIN 2115-AF92
Puget Sound Vessel Traffic Service
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard amends the
designated monitoring areas of the Puget Sound Vessel Traffic Service
(VTS). This amendment enhances safe navigation by moving a frequency-
monitoring boundary so that mariners are no longer required to change
designated frequencies and report to the VTS while attempting to
negotiate a bend in the navigational channel.
DATES: This rule is effective on March 15, 2000, unless an adverse
comment, or notice of intent to submit an adverse comment, reaches the
Docket Management Facility on or before February 14, 2000. If we
receive an adverse comment, or notice of intent to submit an adverse
comment, we will withdraw this direct final rule and publish a timely
notice of withdrawal in the Federal Register.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following methods:
(1) By mail to the Docket Management Facility (USCG-1999-6141), U.S.
Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m.
[[Page 69634]]
and 5 p.m., Monday through Friday, except Federal holidays. You may
also find this docket on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Jorge
Arroyo, Office of Vessel Traffic Management (G-MWV), Coast Guard,
telephone 202-267-6277 or E-mail [email protected]. For questions
on viewing or submitting material to the docket, call Dorothy Walker,
Chief, Dockets, Department of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-1999-
6141), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, hand delivery, fax, or electronic
means to the Docket Management Facility at the address under ADDRESSES;
but please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and scanning.
If you mail your comments and would like to know 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. We may change this rule in view of them.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comment is
anticipated. If no adverse comment or notice of intent to submit an
adverse comment is received within the specified comment period, this
rule will become effective as stated in the DATES section. In that
case, approximately 30 days before the effective date, we will publish
a document in the Federal Register stating that no adverse comment was
received and confirming that this rule will become effective as
scheduled. However, if we receive an adverse comment or notice of
intent to submit an adverse comment, we will publish a document in the
Federal Register announcing withdrawal of all or part of this direct
final rule. If an adverse comment applies to an amendment, paragraph,
or section of this rule and it is possible to address that provision
separately without defeating the purpose of this rule, we may adopt as
final those provisions of this rule on which no adverse comment was
received. Any provision of this rule that was the subject of an adverse
comment will be withdrawn. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
Notice of Proposed Rulemaking (NPRM) and provide a new opportunity for
comment.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Discussion of Changes
To manage and communicate effectively with all vessels and users
within the Puget Sound Vessel Traffic Service (VTS), we have divided
the VTS area into two distinct monitoring areas. The designated radio
frequency for each area will remain the same and are described in 33
CFR parts 26 and 161. If you use the VTS, you must change designated
radio frequencies and report to the VTS when you are crossing the
boundary between monitoring areas. Traditionally, a user moving between
the two areas would make the report while attempting to negotiate a
bend in the navigational channel.
In 1997, we made technological improvements to the communications
and surveillance equipment at the Seattle Center of the VTS. As
personnel at the Center became more adept with the upgraded equipment,
they recognized that this situation could be alleviated with a slight
alteration to the designated monitoring areas.
In an effort to enhance safe navigation and improve procedures
within the Seattle Center, the boundary line that delineates the
monitoring areas will be moved approximately 3 miles south of its
existing location (i.e., from a line connecting Marrowstone Point and
Lagoon Point to a line connecting Nodule Point and Bush Point). This
rule does not change any substantive requirements of existing
regulations. The purpose of this rulemaking is to change a frequency-
monitoring boundary within the VTS area. We will move the boundary,
described as ``a line connecting Marrowstone Point and Lagoon Point''
approximately 3 miles to the south and rename the boundary ``a line
connecting Nodule Point and Bush Point.'' We have changed tables
26.03(f) and 161.12(b) to reflect the new frequency boundary.
Regulatory Evaluation
This rule 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. The
Office of Management and Budget has not reviewed it 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). We expect 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.
This rule will not impose any additional costs on industry. It will
not impose any new costs on the public because it does not create a new
requirement. This rulemaking simply shifts the boundary between two
existing monitoring areas.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule will have 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.
This change in the location of a boundary will impose no new costs.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities. Comments submitted in response to this
finding will be evaluated under the criteria in the ``Regulatory
Information'' section of this preamble.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, or organization, or governmental
organization and you have questions concerning its provisions or
options for compliance, please contact Mr. Jorge Arroyo, Office of
Vessel Traffic Management (G-MWV), Coast Guard, telephone 202-267-6277.
[[Page 69635]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule will call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under E.O. 13132 and have determined
that this rule does not have implications for federalism under that
order.
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 regulatory
actions not specifically required by law. 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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph 34(i) of Commandant Instruction
M16475.1C, this rule is categorically excluded from further
environmental documentation. The shift in the boundary line will have
no impact on the environment. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 26
Communications equipment, Marine safety, Radio, Telephone, Vessels.
33 CFR Part 161
Harbors, Navigation (water), Reporting and Recordkeeping
requirements, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 26 and 161 as follows:
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
1. The authority citation for part 26 continues to read as follows:
Authority: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b),
1.46; Rule 1, International Regulations for the Prevention of
Collisions at Sea.
2. In Sec. 26.03, in table 26.03(f), revise the entry for Seattle
Traffic to read as follows:
Sec. 26.03 Radiotelephone required.
* * * * *
Table 26.03(F)--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
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Vessel traffic services \1\ call Designated frequency \2\
sign (channel designation) Monitoring area
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* * * * * *
*
Puget Sound \5\
Seattle Traffic \6\ 156.700 MHz (Ch.14)............ The navigable waters of Puget Sound, Hood
Canal and adjacent waters south of a line
connecting Nodule Point (48 deg.01.5'N 122
deg.40.05'W) and Bush Point (48 deg.01.5'N
122 deg.36.23'W) in Admiralty Inlet and
south of a line drawn due east from the
southernmost tip of Possession Point (47
deg.34'N 122 deg.40'W) on Whidbey Island to
the shoreline.
156.250 MHz (Ch.5A)............ The navigable waters of the Strait of Juan
de Fuca east of 124 deg.40'W, excluding the
waters in the central portion of the Strait
of Juan de Fuca north and east of Race
Rocks (48 deg.18'N 123 deg.32'W); the
navigable waters of the Strait of Georgia
east of 122 deg.52'W; the San Juan Island
Archipelago, Rosario Strait, Bellingham
Bay; Admiralty of Juan de Fuca north and
east of Race Rocks (48 deg.18'N 123
deg.32'W); the navigable waters of the
Strait of Georgia east of 122 deg.52'W; the
San Juan Island Archipelago, Rosario
Strait, Bellingham Bay; Admiralty Inlet
north of a line connecting Nodule Point (48
deg.01.5'N 122 deg.40.05'W) and Bush Point
(48 deg.01.5'N 122 deg.36.23'W) and all
waters of Whidbey Island north of a line
drawn due east from the southernmost tip of
Possession Point (47 deg.34'N 122 deg.40'W)
on Whidbey Island to the shoreline.
* * * * * *
*
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Notes:
\1\ VTS regulations are denoted in 33 CFR 161. All geographic coordinates (latitude and longitude) are expressed
in North American Datum of 1983 (NAD 83).
\2\ In the event of a communication failure either by the vessel traffic center or the vessel or radio
congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The
bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may
be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond
that provided by other means.
* * * * * *
*
\5\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will
enforce only its own set of rules within its jurisdiction.
[[Page 69636]]
\6\ Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz (Channel 5A or
14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering
to the designated frequency required for each monitoring area as defined above. This does not require a vessel
to monitor both primary frequencies.
* * * * * *
*
PART 161-VESSEL TRAFFIC MANAGEMENT
3. The authority citation for part 161 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46.
4. In Sec. 161.12, in table 161.12(b), revise the heading for the
second column and the entry for Puget Sound, Seattle Traffic to read as
follows:
Sec. 161.12 Vessel operating requirements.
* * * * *
Table 161.12(B)--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Designated frequency \1\
Vessel traffic services call sign (channel designation) Monitoring area
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Puget Sound \4\
Seattle Traffic \5\ 156.700 MHz (Ch.14)............ The navigable waters of Puget Sound, Hood
Canal and adjacent waters south of a line
connecting Nodule Point (48 deg.01.5'N 122
deg.40.05'W) and Bush Point (48 deg.01.5'N
122 deg.36.23'W) in Admiralty Inlet and
south of a line drawn due east from the
southernmost tip of Possession Point (47
deg.34'N 122 deg.40'W) on Whidbey Island to
the shoreline.
156.250 MHz (Ch.5A)............ The navigable waters of the Strait of Juan
de Fuca east of 124 deg.40'W, excluding the
waters in the central portion of the Strait
of Juan de Fuca north and east of Race
Rocks (48 deg.18'N 123 deg.32'W); the
navigable waters of the Strait of Georgia
east of 122 deg.52'W; the San Juan Island
Archipelago, Rosario Strait, Bellingham
Bay; Admiralty of Juan de Fuca north and
east of Race Rocks (48 deg.18'N 123
deg.32'W); the navigable waters of the
Strait of Georgia east of 122 deg.52'W; the
San Juan Island Archipelago, Rosario
Strait, Bellingham Bay; Admiralty Inlet
north of a line connecting Nodule Point (48
deg.01.5'N 122 deg.40.05'W) and Bush Point
(48 deg.01.5'N 122 deg.36.23'W) and all
waters of Whidbey Island north of a line
drawn due east from the southernmost tip of
Possession Point (47 deg.34'N 122 deg.40'W)
on Whidbey Island to the shoreline.
* * * * * *
*
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Notes:
\1\ In the event of a communication failure either by the vessel traffic center or the vessel or radio
congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The
bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may
be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond
that provided by other means.
* * * * * *
*
\4\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will
enforce only its own set of rules within its jurisdiction.
\5\ Seattle Traffic may direct a vessel to monitor the other primary VTS frequency, 156.250 MHz (Channel 5A or
14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering
to the designated frequency required for each monitoring area as defined above. This does not require a vessel
to monitor both primary frequencies.
* * * * * *
*
Dated: December 3, 1999.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 99-32097 Filed 12-13-99; 8:45 am]
BILLING CODE 4910-15-U