[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Proposed Rules]
[Pages 8917-8923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4196]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 167

[USCG-1999-4974]


Port Access Route Study; Strait of Juan de Fuca and Adjacent 
Waters

AGENCY:  Coast Guard, DOT.

ACTION:  Notice of preliminary study recommendations with request for 
comments.

-----------------------------------------------------------------------

SUMMARY:  The Coast Guard announces preliminary study recommendations 
of a Port Access Route Study which is evaluating the continued 
applicability of and the need for modifications to the current vessel 
routing measures in and around the Strait of Juan de Fuca and adjacent 
waters. The goals of the study are to help reduce the risk of marine 
casualties and increase vessel traffic management efficiency in the 
study area. Preliminary recommendations indicate that marine 
transportation safety can be enhanced through several modifications to 
the existing vessel routing system and limited regulatory changes. The 
Coast Guard solicits comments on the preliminary recommendations 
presented in this document so we can complete our Port Access Route 
Study.

DATES:  Comments and related material must reach the Docket Management 
Facility on or before April 24, 2000.

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 means:
    (1) By mail to the Docket Management Facility (USCG-1999-4974), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand 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 
document. 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. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.
    Additional information and charts showing the recommended changes 
will be posted on the Thirteenth Coast Guard District Web Site which 
can be accessed at http://www.uscg.mil/d13/pars/sjdf.html. If you do 
not have Web access, then you may obtain the additional information and 
paper copies of the charts by contacting LT Steve Wheeler at 206-220-
7274, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT:  For questions on this document, 
contact John Mikesell, Chief, Plans and Programs Section, Aids to 
Navigation and Waterways Management Branch, Thirteenth Coast Guard 
District, telephone 206-220-7272, e-mail [email protected]; 
or George Detweiler, Office of Vessel Traffic Management, Coast Guard, 
telephone 202-267-0416, 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 study by submitting 
comments and related material. If you do so, please

[[Page 8918]]

include your name and address, identify the docket number for this 
notice (USCG-1999-4974), 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 electronic filing. If you submit them by mail 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.

Relationship to Other Projects

    This notice of preliminary study recommendations with request for 
comments is not related to the advance notice of proposed rulemaking 
entitled ``Improvements to Marine Safety in Puget Sound-Area Waters'' 
[USCG-1998-4501](64937, November 24, 1998).

Definitions

    The following definitions should help you review this notice:
    Area to be avoided (ATBA) means a routing measure comprising an 
area within defined limits in which either navigation is particularly 
hazardous or it is exceptionally important to avoid casualties and 
which should be avoided by all ships, or certain classes of ships.
    Precautionary area means a routing measure comprising an area 
within defined limits where ships must navigate with particular caution 
and within which the direction of traffic flow may be recommended.
    Recommended route means a route of undefined width, for the 
convenience of ships in transit, which is often marked by centerline 
buoys.
    Regulated Navigation Area (RNA) is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established under 33 CFR part 165.
    Separation Zone or line means a zone or line separating the traffic 
lanes in which ships are proceeding in opposite or nearly opposite 
directions; or from the adjacent sea area; or separating traffic lanes 
designated for particular classes of ships proceeding in the same 
direction.
    Traffic lane means an area within defined width in which one-way 
traffic is established. Natural obstacles, including those forming 
separation zones, may constitute a boundary.
    Traffic Separation Scheme (TSS) means a routing measure aimed at 
the separation of opposing streams of traffic by appropriate means and 
by the establishment of traffic lanes.
    Vessel routing system means any system of one or more routes or 
routing measures aimed at reducing the risk of casualties; it includes 
traffic separation schemes, two-way routes, recommended tracks, areas 
to be avoided, inshore traffic zones, roundabouts, precautionary areas, 
and deep-water routes.

Background and Purpose

Why Is the Coast Guard Conducting This Port Access Route Study (PARS)?

    A PARS was needed to review and analyze existing vessel routing 
measures and other traffic management tools currently used at the 
entrance to and in the Strait of Juan de Fuca and adjacent waters 
including Haro Strait, Boundary Pass, Rosario Strait, and the Strait of 
Georgia. Study results were to include recommended changes to these 
existing measures and tools.
    The study area encompasses waters managed jointly by the United 
States and Canadian Coast Guards. Joint waterway management is 
accomplished primarily through the Cooperative Vessel Traffic System 
(CVTS). Under the CVTS Agreement, vessel traffic transiting the study 
area is managed by Vessel Traffic Centers located at Tofino and 
Victoria, BC, Canada, and Seattle, WA, irrespective of the 
International Boundary. The CVTS has active radar and radio coverage of 
all existing TSSs within the study area, including Boundary Pass and 
Haro Strait.
    In addition to the CVTS, there are other vessel routing measures 
and traffic management tools in place to enhance navigation safety for 
vessels transiting the study area. They include, but are not limited 
to: TSSs, pilotage requirements, RNAs, precautionary areas, VTS special 
areas, the aids to navigation system, International Regulations for 
Prevention of Collisions at Sea (COLREGS), and an ATBA. The CVTS uses 
many of these tools to manage traffic effectively and safely.
    Preliminary recommendations include modifications to vessel routing 
measures in and around the Strait of Juan de Fuca and adjacent waters 
including Haro Strait, Boundary Pass, Rosario Strait, and the Strait of 
Georgia. These recommendations also include modifications and/or 
additions to a number of Vessel Traffic Service Special Areas.

When Did the Coast Guard Conduct the PARS?

    We announced the PARS in a notice published in the Federal Register 
on January 20, 1999 (64 FR 3145). We will finish the PARS after receipt 
and review of the comments received in response to this notice.

What Data Did the Coast Guard Use To Help Conduct the PARS?

    We reviewed various studies and data collected both in-house and by 
other organizations on vessel traffic patterns and density, and risks 
associated therewith. U.S. Coast Guard sources included the latest 
Waterways Analysis and Management System (WAMS) reports for the Strait 
of Juan de Fuca, Haro Strait and Boundary Pass, Rosario Strait, Strait 
of Georgia, and Admiralty Inlet. Another data source was the study 
titled ``Scoping Risk Assessment: Protection Against Oil Spills in the 
Marine Waters of Northwest Washington State,'' commonly referred to as 
the ``Puget Sound Additional Hazards Study'' or the ``Volpe Study.'' 
U.S. and Canadian VTSs provided vessel traffic data throughout the 
study area. The Olympic Coast Marine Sanctuary Manager utilized 
portions of this traffic data to conduct further track analysis in the 
vicinity of the Traffic Lane Separation Lighted Buoy ``J'' (Juliet 
Buoy) and Duntze Rock.
    Eleven letters were received in response to the published notice of 
the study. Another five comments were recorded from oral presentations 
made at the public meeting we conducted on May 12, 1999 (64 FR 18651, 
April 15, 1999).
    The U.S. Coast Guard met with Canadian Coast Guard and Transport 
Canada representatives to discuss and define issues. Input was 
solicited from the maritime industry and other potentially affected 
parties.

Why Is the Coast Guard Publishing These Preliminary Recommendations?

    Because of the lack of a substantive number of comments to the 
original notice and our strong desire to engage the public in the study 
process, we decided to ask for comments on the issues and 
recommendations presented in this notice. Our recommendations are 
purposely not exhaustive in their characterization of all the concerns 
and issues we considered. Rather, they provide readers with the essence 
of proposed modifications and their primary rationale so that readers 
may help us refine these recommendations and proposals through 
constructive comments.

[[Page 8919]]

What Is the Existing Traffic Management Safety Regime?

    For this study, we divided the geographic area into six discrete 
waterway segments. Each segment and its existing traffic management 
system is briefly described as follows:
    1. Entrance to Strait of Juan de Fuca. The TSS at the entrance 
consists of a forked configuration with approaches from the west and 
southwest. Each approach consists of inbound and outbound traffic lanes 
with a separation zone in its center. An ATBA offers protection to 
critical inshore habitats of the Olympic Coast National Marine 
Sanctuary that abuts the southern approach of the TSS on its east side. 
The Tofino Vessel Traffic Service (Tofino) manages traffic in this 
area.
    2. Cape Flattery to Race Rock. The TSS in this area consists of a 
one-way westbound and a one-way eastbound traffic lane with a 
separation zone between them. The lanes are of a uniform one-mile 
width. At its western end, these lanes link with the forked approaches 
to the TSS. The TSS is slightly offset to the south of the U.S./
Canadian border. This portion of the TSS has a 22 deg.-left dogleg in 
the inbound lane at 124 deg.W. The separation zone north of Twin Rivers 
flares to about three miles in width, then tapers in either direction 
to about 1 mile in width. Tofino manages traffic in the Strait west of 
124 deg.40'W and the Puget Sound Vessel Traffic Service (PSVTS) manages 
traffic east of 124 deg.40'W.
    3. Port Angeles Precautionary Area--Race Rocks to New Dungeness and 
North to Discovery Island. This area includes a 2-mile diameter 
precautionary area with the Cape Flattery to Race Rocks TSS connecting 
from the west, a short TSS from Port Angeles connecting from the south, 
and a longer TSS from Victoria, BC, connecting from the north. All 
connecting TSSs have inbound and outbound traffic lanes with separation 
zones between them. The western TSS provides the lanes leading inbound 
from and outbound to sea through the Strait of Juan de Fuca. The 
southern TSS directs traffic to and from the pilot station off Port 
Angeles. The PSVTS manages traffic in this area. The northern TSS 
directs traffic to and from the Canadian pilot station off Victoria, 
BC. Another TSS, leading northeast from the Victoria pilots station, 
provides a link to Haro Strait. The Victoria Vessel Traffic Center 
(VVTC) manages vessel traffic north and east of Race Rocks. The area 
east of New Dungeness Spit and north to the San Juan Islands contains 
intersecting TSSs with associated precautionary areas which provide for 
the orderly flow of traffic between the Strait of Juan de Fuca, 
Admiralty Inlet, Rosario Strait, and Haro Strait. The PSVTS manages 
traffic in this area.
    4. Haro Strait and Boundary Pass. There are no formalized traffic 
lanes for these waters, but the CVTS oversees vessel movements by 
utilizing full radar and VHF coverage in these joint U.S./Canadian 
waters. In addition, the ``Turn Point Tanker Safety Area'' places 
operating restrictions on tankers of 40,000 DWT or greater when 
rounding this partially blind turn. VVTC manages traffic in this area.
    5. Rosario Strait and Guemes Channel. Rosario Strait has a single 
two-way traffic lane with no separation zone. There are circular 
precautionary areas at the northern and southern entrances to the 
Strait. The northern precautionary area leads to a TSS which routes 
traffic to and from the Strait of Georgia. The southern precautionary 
area is linked to two traffic lanes. One routes traffic to and from the 
west, and the other routes traffic to and from the south through 
Admiralty Inlet. There are no designated traffic lanes in Guemes 
Channel. The PSVTS manages traffic in Rosario Strait and Guemes 
Channel. Traffic is subject to the VTS Special Area regulations listed 
under 33 CFR 161.13 and 161.55. These regulations place operating 
restrictions on certain classes of vessels when meeting, crossing or 
overtaking other large vessels in these constricted waters.
    6. Strait of Georgia. The VVTC manages the TSS in the Strait of 
Georgia. The TSS consists of northbound and southbound traffic lanes 
with a separation zone between them. A break in the TSS between Active 
Pass and Roberts Bank provides for crossing traffic and traffic to and 
from Delta Port and the Tsawwassen Ferry Terminal. Another break in the 
TSS at the northern juncture of Boundary Pass provides for ingress and 
egress to Boundary Pass. To the south, between Sucia Island and Alden 
Bank, the TSS resumes and narrows, continuing to a circular 
precautionary area off Matia Island and then to its junction with the 
precautionary area at the north end of Rosario Strait. Northwest of its 
juncture with Boundary Pass, the northbound traffic lane and most of 
the separation zone lie in U.S. waters. The southbound lane lies in 
Canadian waters. Southeast of the juncture with Boundary Pass, the TSS 
is completely in U.S. waters.

Study Recommendations

    From the information examined, we identified general and 
geographic-specific issues where waterway safety improvements could be 
realized. Each issue is discussed and recommendations presented. 
Comments are particularly solicited with respect to these 
recommendations.

A. General Issues Relevant to the Entire Study Area

    Issue #1: Should compliance with the TSS be mandatory in U.S. 
waters?
    Discussion: Participation with the VTS is compulsory for certain 
classes of vessels; however the actual use of the TSS is not 
specifically mandated under U.S. regulations. The VTS has the ability, 
on a case-by-case basis, to require a specific vessel to use the TSS. 
This is accomplished as a ``VTS Direction'' under 33 CFR 161.11.
    Over time, the CVTS has found it desirable to require only larger, 
deep draft vessels that can maintain a speed of 12 knots or more to use 
the TSS. Experience has shown that almost all of these vessels 
voluntarily choose to follow the TSS. On the rare occasion that a 
larger, deep draft vessel attempted not to follow the TSS, the CVTS has 
succeeded in encouraging or directing the vessel to do so.
    The Canadians, through a modification to Rule 10 of the COLREGS, 
require all vessels 20 meters or over to follow the TSS when it is safe 
to do so. However, they do not aggressively enforce this provision, 
considering it not desirable to require smaller and/or slower moving 
vessels to follow the lanes. Mixing vessels of large disparate speeds 
significantly increases the frequency of vessel interactions.
    Recommendation: Do not make the TSS mandatory, as we do not 
consider regulatory imposition necessary to gain compliance. The 
current system of voluntary usage, combined with persuasion and 
existing regulatory tools, ensures that those vessels that should be in 
the traffic lanes actually are.
    Issue #2: Should all traffic lanes, precautionary areas, and VTS 
special areas within the Puget Sound Area of Responsibility (AOR) be 
specified as waters where all or certain provisions of Rule 9 of the 
International Navigation Rules would apply?
    Discussion: Conflicts periodically develop between large vessels 
following a TSS, narrow channel or fairway, and smaller recreational 
and fishing vessels. Oftentimes, when a deep draft vessel is forced to 
maneuver even slightly to avoid a smaller vessel in a narrow channel or 
fairway, the deep draft vessel must then follow a route that is sub-
optimal from a navigation safety perspective. Also, when a deep draft 
vessel following a fairway or TSS is

[[Page 8920]]

forced to radically maneuver to avoid a smaller vessel, order and 
predictability are lost in that other surrounding vessels no longer 
know what to expect from the larger vessel.
    Rule 10 of the COLREGS prohibits vessels engaged in fishing, 
sailing vessels, and vessels of less than 20 meters from impeding the 
safe passage of a power-driven vessel that is following a traffic lane. 
However, Rule 10 does not apply to the numerous precautionary areas 
that link the lanes together nor to fairways that do not have 
established traffic lanes. Rule 9 prohibits vessels of less than 20 
meters, sailing vessels, and vessels engaged in fishing, from impeding 
the passage of a vessel that can safely navigate only within a narrow 
channel or fairway. The ``do not impede'' provisions of Rules 9 and 10 
enhance the order, predictability, and safety of vessel movements. Deep 
draft vessels would be provided with optimum routing through the TSS.
    Recommendation: Delineate and specify those waters within the VTS 
Puget Sound Area of Responsibility (AOR) in which all or certain 
provisions of Rule 9 of the International Navigation Rules would apply.
    Issue #3: Should there be one common international frequency for 
bridge-to-bridge radio communications in the CVTS?
    Discussion: Under U.S. regulations, all vessels 20 meters or over 
are required to guard VHF channel 13 when in U.S. waters. Channel 13 is 
the designated bridge-to-bridge radio frequency and is used to make 
passing arrangements and to clarify vessel intentions. There is no 
comparably designated bridge-to-bridge frequency in Canadian waters. 
The two governments must work together to establish one common bridge-
to-bridge frequency, preferably channel 13, for all vessels operating 
within the CVTS, thus assuring timely and reliable communications 
between ships.
    Recommendation: The U.S. and Canadian governments, through the 
Joint Coordinating Group of the CVTS, should develop internal policies 
that require the use of channel 13 for bridge-to-bridge communications 
within the CVTS area.

B. Geographic-Specific Issues

    The following issues are best reviewed and comprehended when read 
in conjunction with the charts of the proposed changes that are posted 
on the Thirteenth Coast Guard District Web Site at http://www.uscg.mil/d13/pars/sjdf.html.
Entrance to Strait of Juan de Fuca
    Issues #4a through 4f: Should we--
    a. Extend the TSS at the entrance to the Strait of Juan de Fuca 
approximately 10 miles further offshore;
    b. Center the separation zone at the entrance to the Strait of Juan 
de Fuca on the International Boundary;
    c. Retain multiple approach lanes configured to maintain order and 
predictability for vessels entering or exiting the Strait;
    d. Configure these lanes to the greatest extent possible to avoid 
customary fishing grounds;
    e. Acknowledge the existence of an informal northwesterly traffic 
route by creating a new exit lane just north of the Juliet Buoy for 
vessels headed coastwise to Alaska; and
    f. Expand the ATBA boundaries to the north and west to provide a 
greater buffer around Duntze Rock and offshore while still providing a 
protected route for slower moving vessels?
    Discussion: All traffic entering the Strait of Juan de Fuca is 
funneled into the Strait through one of two short traffic lanes. The 
inbound traffic lane originating from the southwest may bring traffic 
within 1 mile of Duntze Rock. This convergence near the Juliet Buoy is 
in close proximity to the rocky shoreline of Cape Flattery, lies within 
the Olympic Coast National Marine Sanctuary, and funnels inbound 
southern traffic along the northern/western border of the ATBA.
    It is customary practice for a large percentage of the slower 
moving traffic, often tugs and barges and small fishing vessels, to 
transit inbound and outbound south of the designated traffic lanes when 
on coastwise voyages to and from the south. This practice eliminates 
the need for slower moving southbound traffic to cross the traffic 
lanes, and numerous overtaking situations arising from disparate 
transit speeds. However, under the present configuration, this traffic 
is forced to transit extremely close to Duntze Rock, and may end up 
infringing on either the ATBA or the inbound traffic lane. A similar 
practice of transiting outside the lanes is observed and condoned for 
small/slower vessels transiting north of the lanes in Canadian waters.
    Traditional commercial and sports fishing areas are in and adjacent 
to the traffic lanes at the entrance to the Strait. Occasionally, 
fishing vessels in the area create a conflict for vessels following the 
TSS, particularly during periods of reduced visibility.
    Both the move of the convergence zone 10 miles to the west and the 
shift of the entrance point to the north would help create a ``buffer 
zone'' between the southernmost TSS lane and Duntze Rock and the nearby 
ATBA. This relocation provides significant sea room for conflict 
resolution as vessels converge toward the entrance of the Strait, 
thereby improving order and predictability for each entry and exit 
lane. Moving the northern border of the ATBA to a consistent 7000 yards 
south of the International Boundary and 4000 yards south of the 
southernmost edge of the TSS would provide an improved safety buffer 
for those smaller, slower moving vessels that choose to transit south 
of the TSS. Continuing this buffer area parallel to the TSS until a 
point at 124 deg.55' would allow sufficient room for slower moving 
vessels to transit without conflicting with inbound traffic steering 
for the southern approach to the TSS. It would also provide a greater 
margin of safety around the hazards of Duntze Rock and Tatoosh Island.
    In the development of these proposed changes to the TSS, we 
considered the location of the traditional fishing grounds off the 
entrance to the Strait of Juan de Fuca. Although it was not possible to 
completely segregate the TSS from the fishing grounds, the recommended 
changes minimize potential conflicts and improve the existing 
configuration.
    Our recommendations provide routing order and predictability 
further offshore thereby reducing conflicts between vessels following 
the TSS and vessels fishing at the entrance to the Strait.
    Recommendation: That we implement all actions presented as Issues 
#4a through 4f.
    Issue #5: Should the CVTS agreement be expanded to formally 
recognize an offshore VTS zone?
    Discussion: The United States and Canada administer their 
respective National Vessel Traffic Management Regulations to the limit 
of their territorial seas (12 nautical miles). Based on current laws, 
neither country has the authority to impose a mandatory VTS regime 
beyond its territorial sea. Although VTS jurisdiction does not extend 
beyond 12 nautical miles, vessels are asked to voluntarily check in 
with Tofino Traffic Center once north of latitude 48 deg. N or east of 
longitude 127 deg. W, or within 50 miles of Vancouver Island. This is 
known as the CVTS ``Service Area'' and represents the existing radar 
coverage of Tofino Traffic Center. Once checked in, vessels are 
provided with traffic advisories and are actively managed. Check-in 
points are depicted on the navigational charts, and voluntary 
compliance is in excess of 99%.

[[Page 8921]]

    Recommendation: Do not formally create a VTS offshore zone. The 
CVTS will continue to provide traffic management services on a 
voluntary basis.
    Issue #6: Should there be mandatory compliance with the ATBA 
associated with the Olympic Coast National Marine Sanctuary?
    Discussion: The ATBA requests voluntary exclusion of tank vessels 
or barges carrying oil in bulk or hazardous materials. Vessel track 
lines have been recorded for potential violations of this voluntary 
program. For those vessels found within the ATBA and in violation, 
there has been a high degree of compliance after receiving letters 
jointly signed by the Manager of the Marine Sanctuary and the local 
USCG Captain of the Port.
    At this time the State/BC Oil Spill Task Force is conducting an 
Offshore Routing Study. This study will likely recommend coastwise 
routes that segregate various shipping classes into offshore ``lanes'' 
depending on their potential risk to the environment. It will build 
upon the recommendations of the Monterey Bay National Marine Sanctuary 
(MBNMS) Vessel Management Study and provide consistency along the 
entire West Coast. The recommended realignment of the TSS at the 
entrance to the Strait of Juan de Fuca and the minor expansion of the 
ATBA should be consistent with any recommendations of the Offshore 
Routing Study.
    Recommendation: Do not make compliance with the ATBA mandatory. 
Good voluntary compliance currently exists. The realignment of the TSS 
at the entrance to the Strait of Juan de Fuca and the minor expansion 
of the ATBA discussed previously will make it easier for vessels to 
voluntarily comply. We should continue to market and promote voluntary 
compliance and closely coordinate the final recommendations of this 
Port Access Route Study with the Offshore Routing Study.
Cape Flattery to Race Rocks
    Issues #7a through 7c: Should we--
    a. Center the TSS exactly on the International Boundary, and 
standardize the widths of the separation zone and traffic lanes to a 
consistent 2000 yards;
    b. Soften the inbound dogleg off Twin Rivers from 22 degrees to 8 
degrees to make it consistent with the International Boundary; and
    c. Establish IMO ``Recommended Routes'' north and south of the TSS 
to formally recognize and accommodate the existing traffic patterns?
    Discussion: Commercial fishing activity and patterns in the Strait 
of Juan de Fuca have changed significantly since the TSS was first 
designed and implemented. Neither PSVTS nor commercial fishing 
representatives report significant fishing activity in the separation 
zone. Therefore, the recommended changes to the TSS should not have an 
unreasonably adverse impact on the fishing industry.
    In its current configuration, two thirds of the TSS is located on 
the United States side of the International Boundary. The separation 
zone flares to a maximum width of approximately three miles. This TSS 
alignment reduces the amount of navigable water available to those 
vessels choosing to transit outbound or inbound south of the TSS, and 
places inbound traffic following the lanes in closer proximity to land 
than vessels transiting in the outbound lanes.
    Centering of the TSS on the International Boundary and reducing the 
width of the separation zone will reduce the potential for powered 
groundings on the U.S. shoreline by creating a larger buffer between 
the TSS and shore. It also creates additional space for the existing 
in-shore traffic that transits south of the TSS.
    The Canadian Practice Firing Range (Exercise area WH) is located 
midway in the Strait, and extends south from the shoreline to the 
International Boundary. This centering change will have minimal impact 
on the Canadian ``WH'' firing range, as reported by the Canadian 
Defense Force.
    The inbound 22 deg. dogleg in the TSS off Twin Rivers has been 
identified as an occasional contributor to confusion during overtaking 
evolutions. On extremely rare occasions, the VTS has had to remind 
vessels to execute the turn. Reducing the inbound dogleg in the TSS 
from 22 deg. to 8 deg. allows the TSS to be centered on the 
International Boundary. This in turn facilitates overtaking situations, 
and allows for improved traffic flow in the vicinity of Port Angeles. 
Centering the TSS on the International Boundary and reducing the dogleg 
also creates more sea room for a vessel to recover or for the VTS to 
contact them should they miss the turn on the inbound leg. A complete 
elimination of the dogleg turn was not feasible because it would have 
resulted in the TSS being too close to shoal water at certain locations 
in the Strait.
    IMO recognition of two-way ``recommended routes'' north and south 
of the traffic lanes would formalize existing traffic patterns and 
provide additional order and predictability. Formally establishing 
recommended routes would also help to preserve the TSS for fast moving, 
deep draft traffic.
    Analysis of current traffic patterns in the informal traffic zone 
south of the TSS revealed that meeting traffic routinely passes 
starboard to starboard. We will encourage vessels within the informal 
traffic zone to meet starboard to starboard, which we consider safer 
than the more traditional port to port meeting recommended by the 
COLREGS. Starboard to starboard meeting in the informal traffic zone is 
preferred because it results in the vessel closest to the TSS 
proceeding in the same direction as a deep draft vessel traveling 
eastbound in the inbound lane of the TSS. This traffic pattern 
minimizes the potential of a collision between deep draft vessels 
following the TSS and outbound vessels following the recommended route. 
We anticipate that vessels using the inshore recommended route would be 
habitual or repeat users while those choosing to use the TSS would be 
first time or less familiar users. For the recommended routes south of 
the TSS, we propose formalizing the current practice of vessels meeting 
starboard to starboard. To avoid unnecessary confusion and to maintain 
international consistency, we also propose prescribing starboard to 
starboard meetings for the recommended routes north of the TSS.
    Recommendation: That we implement all actions presented as Issues 
#7a through 7c.
Port Angeles Precautionary Area--Race Rocks to New Dungeness and North 
to Discovery Island
    Issues #8a through 8e: Should we--
    a. Move the Port Angeles pilot station to a point approximately 
1.25 miles north and 1.25 miles east of the tip of Ediz Hook;
    b. Redefine the boundaries of the precautionary area as follows:
    1. North of Port Angeles, define the western boundary of the 
precautionary area by linking the southern edge of the inbound traffic 
lane and the tip of Ediz Hook.
    2. Define the eastern boundary of the precautionary area by linking 
the southern edge of the inbound traffic lane and the tip of Dungeness 
Spit.
    3. Further define the eastern boundary of the precautionary area by 
linking the southern outbound traffic lane and the northern inbound 
traffic lane.
    c. Establish a VTS special area within the inbound traffic lane 
between Angeles Point and the Port Angeles pilots station where a 
vessel will be prohibited from overtaking another vessel without VTS 
approval;
    d. Establish precautionary areas for the turns at Discovery Island 
and the Victoria pilot station; and

[[Page 8922]]

    e. Create an inshore buffer by decreasing the width of the TSS 
leading from the Victoria pilots station to the turn south of Discovery 
Island while maintaining the same southern boundary of the inbound 
lane? In addition, we would link the TSS off Discovery Island with the 
new TSS in Haro Strait.
    Discussion: Five TSSs converge at the precautionary areas located 
to the north and east of Port Angeles. Ferries, recreational vessels, 
piloted deep draft vessels, non-piloted deep draft vessels, tugs and 
tows, naval vessels, and large and small commercial fishing vessels all 
interact and compete for space at this convergence point in the traffic 
scheme. The present traffic configuration was designed primarily to 
deliver inbound vessels to the pilot stations located at Port Angeles 
and Victoria. The impact on vessel safety or other waterway users may 
have been overshadowed. For example, the present configuration does not 
separate the Port Angeles pilots boarding area from either the through 
traffic following the TSS or the traffic choosing to follow the 
informal inshore traffic lanes.
    The current TSS routing leading to the Port Angeles pilot station 
has been identified through casualty histories as a substantial cause 
for concern. Vessels bound for the Port Angeles pilots station are 
required by the TSS to steer almost directly on Ediz Hook. Vessels must 
first execute a 60-degree turn, then slow to varying speeds, which 
creates different impacts on steerage, to pick up a pilot. At this 
point a vessel may be particularly vulnerable to currents and seas. If 
an engineering failure occurred during this evolution, the vessel would 
be at risk of a drift or powered grounding on Ediz Hook. By moving the 
pilot station we can minimize the number of sharp turns vessels must 
make when entering and leaving the precautionary area off Port Angeles. 
The move also eliminates the requirement for a vessel to steer directly 
on Ediz Hook while maneuvering to pick up a pilot, and allows through 
traffic to avoid the pilot boarding area.
    On the Canadian side, outbound tugs and barges exit the TSS at 
Discovery Island and head directly for the inshore routes south of Race 
Rocks cutting across the inbound and outbound TSS lanes south of 
Victoria. Outbound fishing vessels exiting Baynes Channel or passing 
east of Discovery Island attempt to stay north of the TSS but often 
infringe upon the lanes near Trial Island, Discovery Island, and the 
pilot station. Creating a buffer zone north of the Victoria TSS allows 
fishing vessels and other small, slow moving vessels to transit 
directly between Discovery Island and Race Rocks then inshore north of 
the TSS.
    An issue unrelated to the TSS configuration, is the behavior of 
unpiloted vessels inbound from sea approaching the Port Angeles 
precautionary area. On occasion, an inbound vessel does not complete 
overtaking evolutions before entering the precautionary area. Results 
of an incomplete evolution include either imprudent speeds, or a vessel 
attempting to cross ahead of a vessel it has just passed. When this 
occurs, the VTS often must intervene and issue directions to the 
vessels. Establishing a VTS special area within the inbound traffic 
lane increases the predictability of vessel movements within the Port 
Angeles precautionary area by prohibiting overtaking maneuvers.
    Recommendation: That we implement all actions presented as Issues 
#8a through 8e.
Haro Strait and Boundary Pass
    Issues #9a through 9d: Should we--
    a. In Haro Strait and Boundary Pass, establish a two-way traffic 
lane similar to the one presently existing in Rosario Strait;
    b. Establish a 2-mile diameter precautionary area centered on Turn 
Point to manage the merging traffic from several secondary channels in 
the vicinity of Turn Point;
    c. Designate the U.S. waters of this precautionary area as a VTS 
Special Area as defined in 33 CFR 161.13 where VTS users would not be 
allowed to meet, cross or overtake without the prior permission of the 
CVTS; and
    d. Through the Joint Coordinating Group of the CVTS, modify the 
existing Turn Point Tanker Safety Area to adopt the same special area 
provisions in Canadian waters?
    Discussion: Turn Point is one of the more navigationally 
challenging areas of Haro Strait and Boundary Pass. Transiting vessels 
must negotiate a blind right-angle turn at varying distances from shore 
depending on their direction of travel and the presence of strong 
currents. In addition, numerous secondary channels and passages route 
traffic into Haro Strait in the vicinity of Turn Point.
    Neither designated traffic routes nor formal vessel routing 
measures are in effect except for the ``Turn Point Tanker Safety 
Area.'' This CVTS measure requires loaded tankers of 40,000 DWT or 
greater to make passing arrangements on channel 11 and to ``take every 
precaution to maintain a safe CPA'' when transiting in the vicinity of 
Turn Point.
    By establishing a formal traffic lane, the provisions of Rule 10 of 
the COLREGS would apply. Rule 10 directs certain smaller vessels to not 
impede the passage of a vessel following a traffic lane. Establishment 
of a formal traffic lane and its inclusion on navigational charts will 
also increase order and predictability by reminding non-participants 
where to expect fast moving, deep draft vessels.
    A generous precautionary area at Turn Point will provide vessels 
maximum flexibility to maneuver as they compensate for the strong 
currents present. The creation of a VTS Special Area centered on Turn 
Point will also promote safe marine practices by eliminating the 
meeting of vessels at a sub-optimal location in the traffic scheme. 
Further, establishing the same provisions in Canadian waters will 
ensure international uniformity.
    Recommendation: That we implement all actions presented as Issues 
#9a through 9d.
Rosario Strait
    Issues #10a and 10b: Should we--
    a. Extend the precautionary area ``RB'' southward into the existing 
traffic lanes which would eliminate that portion of the separation zone 
that the large vessels are unable to avoid; and
    b. Expand the applicability of the existing Rosario/Guemes Channel 
VTS Special Area regulations contained in 33 CFR 161.55 to include all 
adjacent waters through which loaded or light tankers have historically 
transited? These waters would include Bellingham Channel and the 
navigable channels northeast of Guemes and Sinclair Islands, which 
connect the refineries at Anacortes and Cherry Point.
    Discussion: Deep draft vessels often cannot precisely follow the 
TSS when approaching Rosario Strait from the south. Strong currents 
make it impossible for vessels to avoid the separation zone as they 
negotiate the slight turns in the TSS just south of precautionary area 
``RB''. We could not eliminate the small turns in the TSS approaching 
precautionary area ``RB'' without placing the TSS uncomfortably close 
to other shoal water. We believe the safety of deep draft transits will 
be enhanced by eliminating a routing measure with which large ships 
cannot comply and replacing it with a precautionary area ``where ships 
must navigate with particular caution.''
    The PSVTS Special Area regulations contained in 33 CFR 161.55 are 
only applicable to certain categories of vessels operating in Rosario 
Strait and Guemes Channel, and they modify the generic VTS Special Area 
regulations

[[Page 8923]]

contained in 33 CFR 161.13. These Special Area regulations were 
promulgated in recognition of the size and potential risks associated 
with tankers transiting Rosario and Guemes Channels en route to the 
refineries located at Anacortes and March Point. However, loaded and 
light tankers will also occasionally transit Bellingham Channel and the 
waters northeast of Guemes/Sinclair Island as an alternate route to the 
refineries or to reach the anchorage at Vendovi Island.
    Currently, the VTS Special Area regulations do not apply to these 
secondary navigational channels which are arguably equally or more 
navigationally challenging than Guemes and Rosario Channels. These 
recommendations would further enhance safety by expanding the Rosario/
Guemes Special Area regulations to adjacent waters that have equal or 
greater risk and are frequented by both loaded and light tankers.
    Recommendation: That we implement all actions presented as Issues 
#10a and 10b.
Strait of Georgia
    Issues #11a and 11b: Should we--
    a. Modify slightly the existing TSS and establish a set of traffic 
lanes to align and connect the two TSSs; and
    b. Establish precautionary areas east of East Point at the junction 
of the new Boundary Pass traffic lane and Strait of Georgia TSS, and 
west of Delta Port and the Tsawwassen Ferry Terminal?
    Discussion: There has been an increase in traffic from Delta Port 
and the Tsawwassen Ferry Terminal which poses a risk of collision as 
departing vessels enter the TSS and build to sea speed. In addition, 
there is no routing measure connecting the TSS that terminates off 
Patos Island with the TSS that terminates off Saturna Island. Further, 
these two TSSs are not aligned. Traffic exiting the Strait of Georgia 
bound for Rosario Strait follows the TSS to its termination before 
angling back to the north to enter the TSS at Patos Island. This vessel 
routing crowds and creates a possible conflict with traffic southbound 
for Boundary Pass. Finally, there is no precautionary area in the 
vicinity of East Point, where traffic merges from several directions. 
By providing a contiguous TSS that connects the new Boundary Pass 
traffic lane with the existing or modified TSS in the Strait of 
Georgia, and establishing a contiguous TSS connecting the old Patos 
Island TSS and the Georgia Strait TSS, traffic bound for Rosario Strait 
could follow the TSS without impeding traffic southbound for Boundary 
Pass.
    A new precautionary area southwest of Delta Port will accommodate 
vessels departing Delta Port and the Tsawwassen Ferry Terminal as they 
get up to maneuvering speed before and while entering the TSS.
    A new precautionary area around East Point will provide logical 
connection to three converging traffic lanes. It will also highlight 
the need for potential crossing traffic in this area to exercise 
caution and will provide tankers departing Cherry Point bound for Haro 
Strait with a predictable and safe location to enter the traffic 
scheme.
    Recommendation: That we implement all actions presented as Issues 
#11a and 11b.

Future Actions

    We appreciate the comments we received concerning the PARS. Upon 
receiving your comments concerning this notice of preliminary study 
results, we will analyze them, and publish a notice of study results in 
the Federal Register. Any recommended changes to the Code of Federal 
Regulations will require a notice of proposed rulemaking (NPRM) 
published in the Federal Register. In addition, any changes to the 
vessel routing system, i.e., TSS, ATBA, and precautionary areas, will 
require submission to and approval of the International Maritime 
Organization.

    Dated: February 16, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-4196 Filed 2-22-00; 8:45 am]
BILLING CODE 4910-15-U