[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
----------------------------------------------------------------------------------------------------------------
 Vessel traffic services \1\ call     Designated  frequency \2\
               sign                     (channel designation)                      Monitoring area
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
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