[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Rules and Regulations]
[Pages 12944-12946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5805]



[[Page 12944]]

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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: Final rule.

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SUMMARY: The Coast Guard is codifying the existing traffic separation 
scheme (TSS) in the approaches to Delaware Bay. The current scheme 
consists of an Eastern approach, a Southeastern approach, a two-way 
route for use by tug and tow traffic, and a precautionary area 
configured to exclude shoal areas too shallow for deep draft vessels. 
Its arrangement separates large inbound vessels from tug and barge 
traffic on traditional New Jersey coastal routes. The TSS reduces the 
number of near misses and the probability of an incident that could 
result in a major chemical or petroleum oil spill.

DATES: This final rule is effective April 10, 2000.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket CGD 97-004 and will be available for 
inspection or copying at room 3406, U.S. Coast Guard Headquarters, 2100 
Second Street SW., Washington, DC 20593-0001, between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
George Detweiler, Office of Vessel Traffic Management, Coast Guard, at 
202-267-0574; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 9, 1997, we published a notice of proposed rulemaking (NPRM) 
entitled ``Traffic Separation Scheme in the Approaches to Delaware 
Bay'' in the Federal Register (62 FR 25576). We did not receive any 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    The 1978 amendments to the Ports and Waterways Safety Act (PWSA), 
33 U.S.C. 1223(c), require that a port access route study (PARS) be 
conducted before establishing or adjusting a traffic separation scheme 
(TSS). A TSS is an internationally recognized routing measure used to 
minimize the risk of collision by separating vessels, through traffic 
lanes, into opposing streams of traffic. To be internationally 
recognized, a TSS must be approved by the International Maritime 
Organization (IMO). The IMO approves a TSS only if the TSS 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 Traffic Separation Scheme in the Approaches to Delaware Bay was 
originally adopted and implemented by the Inter-Governmental Maritime 
Consultative Organization (as the IMO was formerly known) on October 
28, 1969. A change to the Southeastern Approach lanes was implemented 
on March 15, 1976.
    On March 22, 1994, a notice in the Federal Register (59 FR 14126) 
announced that we were conducting a PARS for the Approaches to Delaware 
Bay. We started the PARS because of concerns expressed by the maritime 
community about the many near misses between deep-draft vessels and 
tugs with tows at the Delaware Bay Entrance. A notice of study results 
for the Approaches to Delaware Bay was published in the Federal 
Register on September 22, 1995 (60 FR 49237).
    The study showed that navigation safety, economic, and 
environmental considerations necessitated amending the 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 old configuration near misses occurred frequently. The 
probability of a major chemical or petroleum oil spill was too great to 
ignore. Therefore, we proposed to IMO that the Eastern Approach TSS be 
adjusted; that a Two-Way Traffic Route for tug and barge traffic 
entering and departing Delaware Bay be established; and that the 
precautionary area be reconfigured. IMO adopted and implemented our 
recommendations in 1996.
    We received no comments concerning our NPRM. Since the IMO adopted 
and implemented traffic separation scheme and precautionary area exist, 
and have been used since 1996, we are publishing this rule to update 
Subpart B of 33 CFR part 167 to include a description of the Off 
Delaware Bay Approach Traffic Separation Scheme and Precautionary Area. 
By codifying the existing TSS and precautionary area, we will make the 
Code of Federal Regulations consistent with IMO's Ships' Routeing 
Guide.

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, 
l979). 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 costs on industry nor will it impose 
any costs on the U.S. Coast Guard or Federal Government. The benefit of 
this rule is to assist in handling the increase of total tonnage in the 
region and to maintain what is considered to be an increased trend rate 
of 100 large capacity vessels per year.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would 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.
    The rule has no costs to industry and we have received no comments 
from small entities regarding this rule. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. The 
traffic separation scheme is currently in use and has no economic 
impact on any small entities.
    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

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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 calls 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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

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.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects 33 CFR Part 167

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

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

PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES

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

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

    2. Add Sec. 167.5(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. Add Sec. 167.170 to read as follows:


Sec. 167.170  Off Delaware Bay Approach Traffic Separation Scheme: 
General.

    The Off Delaware Bay Approach Traffic Separation Scheme consists of 
four parts: an Eastern Approach, a Southeastern Approach, a Two-Way 
Traffic Route, and a Precautionary Area. The specific areas in the Off 
Delaware Bay Approach Traffic Separation Scheme and Precautionary Area 
are described in Secs. 167.171 through 167.174.

    4. Add Sec. 167.171 to read as follows:


Sec. 167.171  Off Delaware Bay: Eastern approach.

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.46.30'N............................  74 deg.34.45'W
38 deg.46.33'N............................  74 deg.55.75'W
38 deg.47.45'N............................  74 deg.55.40'W
38 deg.47.35'N............................  74 deg.34.50'W
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established between the 
separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.48.32'N............................  74 deg.55.30'W
38 deg.49.80'N............................  74 deg.34.60'W
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established between the 
separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.45.45'N............................  74 deg.56.20'W
38 deg.44.45'N............................  74 deg.34.35'W
------------------------------------------------------------------------


    5. Add Sec. 167.172 to read as follows:


Sec. 167.172  Off Delaware Bay: Southeastern approach.

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.27.00'N............................  74 deg.42.30'W
38 deg.43.40'N............................  74 deg.58.00'W
38 deg.44.20'N............................  74 deg.57.20'W
38 deg.27.60'N............................  74 deg.41.30'W
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is established 
between separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.28.80'N............................  74 deg.39.30'W
38 deg.45.10'N............................  74 deg.56.60'W
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is established 
between the separation zone and a line connecting the following 
geographic positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.42.80'N............................  74 deg.58.90'W
38 deg.27.00'N............................  74 deg.45.40'W
------------------------------------------------------------------------


    6. Add Sec. 167.173 to read as follows:


Sec. 167.173  Off Delaware Bay: Two-Way Traffic Route.

    The Two-Way Traffic Route is recommended for use predominantly by 
tug and tow traffic transiting to and from the northeast 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 geographic positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38 deg.50.75'N............................  75 deg.03.40'W
38 deg.47.50'N............................  75 deg.01.80'W
38 deg.48.32'N............................  74 deg.55.30'W
38 deg.50.20'N............................  74 deg.49.73'W
39 deg.00.00'N............................  74 deg.40.23'W
------------------------------------------------------------------------

    (b) The two-way traffic route is bounded on the east and north by a 
line connecting the following geographic positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.00.00'N............................  74 deg.41.00'W
38 deg.50.48'N............................  74 deg.50.30'W
38 deg.48.80'N............................  74 deg.55.25'W

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38 deg.48.33'N............................  74 deg.59.30'W
38 deg.49.10'N............................  75 deg.01.65'W
38 deg.51.27'N............................  75 deg.02.83'W
------------------------------------------------------------------------


    7. Add Sec. 167.174 to read as follows:


Sec. 167.174  Off Delaware Bay: Precautionary area.

    A precautionary area is established as follows: from 
38 deg.42.80'N, 74 deg.58.90'W; then northerly by an arc of eight 
nautical miles centered at 38 deg.48.90'N, 75 deg.05.60'W to 
38 deg.48.32'N, 74 deg.55.30'W; then westerly to 38 deg.47.50'N, 
75 deg.01.80'W; then northerly to 38 deg.50.75'N, 75 deg.03.40'W; then 
northeasterly to 38 deg.51.27'N, 75 deg.02.83'W; then northerly to 
38 deg.54.80'N, 75 deg.01.60'W; then westerly by an arc of 6.7 nautical 
miles centered at 38 deg.48.90'N, 75 deg.05.60'W to 38 deg.55.53'N, 
75 deg.05.87'W; then southwesterly to 38 deg.54.00'N, 75 deg.08.00'W; 
then southerly to 38 deg.46.60'N, 75 deg.03.55'W; then southeasterly to 
38 deg.42.80'N, 74 deg.58.90'W.
    Datum: NAD 83.

    Dated: February 18, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-5805 Filed 3-9-00; 8:45 am]
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