[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Proposed Rules]
[Pages 45328-45331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18313]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-00-007]
RIN 2115-AE84


Regulated Navigation Area; San Pedro Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise the regulated 
navigation area for San Pedro Bay, California. Due to the port 
expansion projects underway in the Ports of Los Angeles and Long Beach, 
the Coast Guard conducted a Port Access Route Study (PARS). The PARS 
notice of study results, published in the Federal Register on May 19, 
2000, recommended, among other things, changes to the San Pedro Bay 
regulated navigation area (RNA). In general, the Coast Guard is 
proposing to expand the RNA to the south approximately 2.2 nm. The 
proposed changes to the RNA boundaries would coincide with the 
boundaries of the Precautionary Area, essentially making the two 
boundaries the same. The Coast Guard is also proposing minor changes to 
some vessel operational procedures and requirements to reflect the 
necessary modifications with respect to traffic management due to the 
port construction and expansion projects.

DATES: Comments must be received on or before September 5, 2000.

ADDRESSES: Comments should be mailed to Commander (Pmc-3), USCG 
PACAREA/D11, Bldg 50-6, Coast Guard Island, Alameda, CA 94501-5100. The 
comments and other materials referenced in this proposed rule will be 
available for inspection and copying at the Marine Safety Office. 
Normal office hours are between 7:30 a.m. and 4 p.m., Monday through 
Friday, except holidays. Comments may also be hand delivered to this 
address.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Chief 
Vessel Traffic Management Section, 11th Coast Guard District, telephone 
(510) 437-2951.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this proposed 
rulemaking by submitting written views, data or concerns to the office 
listed under ADDRESSES in this preamble. Persons submitting comments 
should include their names and addresses, identify the docket number 
for the regulations (CGD11-00-007), the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment.
    The regulations may be changed in light of the comments received. 
All comments received before the expiration of the comment period will 
be considered before final action is taken on this proposal. No public 
hearing is planned, however, one may be held if written requests for a 
hearing are received and it is determined that the opportunity to make 
oral presentations will aid in the rule making process.

Definitions

    The following definitions should help you review this document:
    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.
    Traffic lane means an area within defined limits in which one-way 
traffic is established.
    Traffic Separation Scheme or 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

    In 1999, the Coast Guard conducted a Port Access Route Study 
(PARS), which we announced in a document published in the Federal 
Register on March 11, 1999 (63 FR 12140). A PARS was needed to evaluate 
the effects of port improvement projects for the ports of Los Angeles 
and Long Beach on navigational safety and vessel traffic management 
efficiency, and to recommend any necessary changes to existing routing 
measures. The Coast Guard completed the study in July 1999 and 
announced the results of this study in a Notice published in the 
Federal Register on May 19, 2000 (65 FR 31856). Among other things, 
this study recommended modifications to the precautionary areas, 
existing TSS's, and aids to navigation.
    Major port improvement projects for the Ports of Los Angeles and 
Long Beach have taken place. These projects include the following:
    Lengthening of the Los Angeles Approach Channel to extend 
approximately 3.5 nautical miles beyond the Los Angeles breakwater;
    Deepening of the Los Angeles Approach Channel to a project depth of 
81 feet;
    Shift of the Long Beach Approach to a 355 degrees True inbound 
course; and
    Deepening of the Long Beach Approach Channel to a project depth of 
69 feet.
    Fill and construction activities within the Los Angeles/Long Beach 
Harbors and development of a shallow water habitat have constricted the 
amount of room available for small commercial and recreational traffic 
to maneuver within the Outer Harbor, Middle, and Long Beach 
breakwaters. This has the effect of concentrating traffic flows and 
placing small marine traffic more directly in competition with deep 
draft traffic for use of the Precautionary Area.
    During the PARS, the Coast Guard consulted with Federal and State 
agencies and solicited the views of representatives of the maritime 
community, port and harbor authorities or associations, environmental 
groups and other interested parties. The Coast Guard also considered 
previous studies and experience in the areas of vessel traffic 
management, navigation, ship handling, and the effects of weather, and 
review prior analyses of the traffic density. In particular, the Coast 
Guard reviewed the results of a 1982 LA/LB Port Access Route Study (47 
FR 27430, June 24, 1982) and a 1995 Port Access

[[Page 45329]]

Route Study (61 FR 55248, October 25, 1996) which focused on vessel 
traffic management measures along the California coast from San 
Francisco to Los Angeles.
    Three comment letters were received and indicated strong overall 
support for the PARS recommendations. To enhance navigational safety 
and vessel traffic management efficiency, the study recommended three 
changes to the existing vessel routing and traffic management measures.

1. Expand the Existing LA/LB Precautionary Area

    The study found that the existing Precautionary Area should be 
expanded to provide enhanced navigational safety in light of the 
pending and planned improvements to the port facilities and 
navigational channels previously discussed. The port improvements 
discussed above will allow even larger vessels to call on Los Angeles 
and Long Beach. These larger, less maneuverable ships will be 
constrained to the channels. The study also noted that the current 
practice of freighters, tankers, tugs and barges, fishing boats and 
pleasure craft converging in the Precautionary Area would continue to 
present hazards for all mariners.
    Expansion of the existing Precautionary Area should result in 
several positive impacts for safe navigation. First, the expanded 
Precautionary Area should give vessels of all types, sizes, and drafts 
more time and room to maneuver in their approach to or departure from 
the ports. Second, by this rulemaking, the Commander, Eleventh Coast 
District, is proposing modifications to the San Pedro Bay RNA, 
promulgated at 33 CFR 165.1109, to geographically match the expanded 
Precautionary Area. When specified categories of vessels enter the RNA, 
they are required to slow. This allows more time for vessel traffic 
management, e.g. queuing of vessels arriving and departing during peak 
periods and coordinating passing arrangements. Finally, the expanded 
Precautionary Area should be well adapted to the lengthened Los Angeles 
entrance channel.

2. Relocate the Western and Southern TSSs

    The study found that the existing western and southern TSSs do not 
yield safe or practical approaches to the improved Long Beach and Los 
Angeles entrance channels. The study recommended a shift of the western 
TSS to the south and a shift of the southern TSS to the west. The 
Eleventh Coast Guard District's Aids to Navigation Division (oan) is 
developing a separate rulemaking to address changes to the TSSs.

3. Modifications to Aids to Navigation

    The PARS solicited specific recommendations regarding the aids to 
navigation design for the lengthened approach channels to Los Angeles 
and Long Beach, CA. Specific recommendations included adding, deleting, 
relocating and upgrading the existing buoys in these channels. The 
Commander, Eleventh Coast Guard District will review these 
recommendations and make final decisions concerning Los Angeles-Long 
Beach aids to navigation in light of the Coast Guard's waterways 
analysis management system (WAMS). Specific questions on WAMS should be 
directed to the Eleventh Coast Guard District's points of contact 
listed in FOR FURTHER INFORMATION CONTACT.

Discussion of Regulation

    Modifications to the RNA. The Commander, Eleventh Coast Guard 
District is proposing modifications to the San Pedro Bay RNA. As 
previously discussed, one proposed change will make the RNA 
geographically the same as the precautionary area.
    A Precautionary Area is an internationally recognized routing 
measure comprising an area within defined limits where ships must 
navigate with particular caution. By itself, a precautionary area does 
not impose specific maneuvering requirements on vessels.
    A Regulated Navigation Area (RNA) is a regulatory measure that 
defines an area, in which the Coast Guard has imposed specific vessel 
operating requirements because of the existence of hazardous 
conditions. Due to the quantity of vessel traffic and diversity of 
types of vessels transiting the approach to Los Angeles and Long Beach 
harbors, the Coast Guard thinks that the general guidance of a 
Precautionary Area is insufficient to ensure safe transit of the area. 
Therefore, in addition to establishing the Precautionary Area, the 
Coast Guard is also establishing an RNA, which covers the same area of 
waters and includes specific vessel operating procedures.
    This proposed rulemaking will also address vessel operating 
requirements; vessel size, speeds, draft limitations; operating 
conditions; and pilot boarding areas.
    Below is a summary of the specific changes to the RNA:
     The southern boundary of the RNA will be moved to the 
south approximately 2.2 nautical miles (nm) to align with the new 
western traffic separation scheme. The southeastern corner of the RNA 
will be shifted to the west approximately 1.8 nm on a bearing on 220 
degrees T from the easterly most point of the existing Precautionary 
Area, to align with the new southern traffic separation scheme (The 
changes to the traffic separation schemes are the subject of a separate 
rulemaking to be published in the future).
     The Los Angeles Pilot Area will be expanded approximately 
0.4 nm to the south-southeast.
     The Long Beach Pilot Area will be expanded approximately 
1.7 nm to the south.
     A Deep Water Traffic lane approximately 3.27 nm long will 
be established in the Los Angeles approach channel.
     A Deep Water Traffic Lane approximately 1.9. nm long will 
be established in the Long Beach approach channel.
     A Deep Water Pilot Area will be established just south of 
the Los Angeles Deep Water Traffic Lane. It will be centered on 
position 33 deg.39'00" N, 118 deg.13'11.6''W, approximately 0.5 nm 
south of the southern terminus of the Los Angeles Channel and will be 
1.0 nm in diameter.
    The proposed amendment to the RNA would expand the size of the RNA 
and change certain operating procedures for vessels transiting the RNA. 
The Ports of Los Angeles and Long Beach are conducting significant 
alterations to their port complex and waterway layout. These changes 
include lengthening and deepening of both approach channels to the 
Federal Breakwater. The lengthened approach channels will extend beyond 
the western traffic lane that joins the existing Precautionary Area. 
Without changes to the traffic lanes, the precautionary area and the 
RNA, these lengthened channels would create vessel traffic management 
problems and increase the risk of collision to vessels operating in the 
area. The Los Angeles-Long Beach Harbor Safety Committee provided a 
detailed recommendation to the PARS recommending expansion of the size 
of the Precautionary Area and concurrently expanding the RNA to cover 
the entire Precautionary Area.
    The existing RNA only extends out to approximately 3 (nm) offshore 
and covers roughly half of the existing Precautionary Area. Navigable 
waters, for the purposes of the Ports and Waterways Safety Act (33 
U.S.C. 1222), were extended from 3nm to 12nm by section 301 of the 
Coast Guard Authorization Act of 1998 and Presidential Proclamation 
5928,

[[Page 45330]]

allowing the Coast Guard to establish RNAs in areas outside of 3nm.
    The location, size and shape of the Pilot Areas for the harbors are 
also being changed due to the lengthening and deepening of the harbor 
entrance channels. Pilot Areas are designated waters where ships 
maneuver to embark or disembark a pilot. Pilot Area regulations are in 
place to allow this transfer to occur safely and without interference 
from other vessel traffic. The Long Beach Pilot Area will be expanded 
to the south approximately 1.6 nm to encompass the entire length of the 
newly deepened channel. Enlarging this pilot area will allow the pilots 
to board inbound vessels further offshore in order to guide the ships 
through the channel. The Los Angeles Pilot Area will also be extended 
to the south-southeast by approximately 0.4nm. The expanded Los Angeles 
Pilot Area will not cover the entire length of the newly deepened 
channel as it is expected that only those vessels with a draft greater 
than 50 feet will need to use the entire length of the channel. Lesser 
draft vessels may enter and depart the channel closer to the Los 
Angeles Harbor entrance and will embark and disembark their pilot 
there.
    The newly lengthened and deepened Los Angeles and Long Beach 
approach channels will be designated Deep Water Traffic Lanes. When a 
vessel drawing more than 50 feet is using the Deep Water Traffic Lane, 
other vessels will not be allowed to enter the traffic lane. A Deep 
Water Pilot Area will be established at the southern end of the Los 
Angeles Deep Water Traffic Lane to afford pilots an area to board 
vessels with drafts greater than 50 feet. A deep water pilot area is 
not considered necessary for the Long Beach entrance.

Regulatory Evaluation

    This proposed 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. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(44 FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of Department of Transportation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposed rule is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of their size.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rule making process. If your small business or organization is 
affected by this proposed rule and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant 
Patricia Springer at the address indicated under ADDRESSES.

Collection of Information

    This proposed regulation contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this proposed regulation under the 
principles and criteria contained in Executive Order 13132 and has 
determined that this proposed regulation does not have federalism 
implications under that Order.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposed regulation and concluded that under Chapter 2.B.2. of 
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it 
will have no significant environmental impact and it is categorically 
excluded from further environmental documentation.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Public Law 104-4), 
the Coast Guard must consider whether this proposed rule will result in 
an annual expenditure by state, local, and tribal governments, in the 
aggregate of $100 million (adjusted annually for inflation). If so, the 
Act requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be affected by 
this proposed rule, so this proposed rule will not result in annual or 
aggregate costs of $100 million or more. Therefore, the Coast Guard is 
exempt from any further regulatory requirements under the Unfunded 
Mandates Act.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under this Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in section 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 
proposed rule does not concern an environmental risk to safety 
disproportionately affecting children.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Vessels, Waterways.

Proposed Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for 33 CFR Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Revise Sec. 165.1109 to read as follows:


Sec. 165.1109  San Pedro Bay, California--Regulated navigation area.

    (a) Applicability. This section applies to all vessels unless 
otherwise specified.
    (b) Deviations. The Captain of the Port of Los Angeles-Long Beach 
or his or her

[[Page 45331]]

designated representative may authorize a deviation from the 
requirements of this regulation when it is deemed necessary in the 
interests of safety.
    (c) Location. (1) The following is a regulated navigation area: The 
waters of San Pedro Bay encompassed by the following geographic 
coordinates:

    From Point Fermin Light (33 deg.42'18" N, 118 deg.17'36" W) 
thence allow the shoreline to the San Pedro Breakwater, thence along 
the San Pedro Breakwater and the Middle Breakwater (following the 
COLREGS Demarcation Lines) to the Long Beach Channel Entrance Light 
2 (33 deg.43'24" N, 118 deg.10'48" W), thence southeast to 
(33 deg.37'42" N, 118 deg.06'36" W), thence southwesterly to 
(33 deg.35'30" N, 118 deg.08'48" W), thence west to (33 deg.35'30" 
N, 118 deg.17'36" W), thence north to the point of origin. [All 
datum: NAD 1983]

    (2) The San Pedro Bay RNA consists of the following defined sub-
areas:
    (i) The Los Angeles Pilot Area. This area is enclosed by a line 
beginning at the Los Angeles Light (33 deg.42'30" N, 118 deg.15'06" W), 
thence east to Los Angeles Main Light Channel Entrance Light 2 
(33 deg.42'42" N, 118 deg.14'12" W), thence southeasterly to 
(33 deg.41'17" N, 118 deg.13'30" W), thence southwesterly to 
(33 deg.40'51" N, 118 deg.14'53" W), thence north to the point of 
origin.
    (ii) The Long Beach Pilot Area. This area is enclosed by a line 
beginning at Long Beach Light (33 deg.43'24" N, 118 deg.11'12" W), 
thence east to Long Beach Channel Entrance Light 2 (33 deg.43'24" N, 
118 deg.10'48" W), thence south-southeasterly to (33 deg.41'30" N, 
118 deg.10'13" W), thence south to (33 deg.40'31" N, 118 deg.10'13" W), 
thence west to (33 deg.40'31" N, 118 deg.11'49" W), thence north to 
(33 deg.41'30" N, 118 deg.11'49" W), thence north-northeasterly to the 
point of origin.
    (iii) The Los Angeles Deep Water Traffic Lane. This area is bounded 
by a line beginning at (33 deg.42'28" N, 118 deg.14'56.9" W) thence 
easterly to (33 deg.42'33.4" N, 118 deg.14'45" W), thence southeasterly 
to (33 deg.39'29" N, 118 deg.13'19.4" W), thence westerly to 
(33 deg.39'25.1" N, 118 deg.13'33" W), thence northerly to the point of 
origin.
    (iv) The Long Beach Deep Water Traffic Lane. This area is bounded 
by a line beginning at (33 deg.43'25.5" N, 118 deg.11'09" W) thence 
east to (33 deg.43'23.3" N, 118 deg.10'54.1" W), thence south to 
(33 deg.41'30.8" N, 118 deg.10'42.6" W), thence west to (33 deg.41'30" 
N, 118 deg.10'57" W), thence north to the point of origin.
    (v) The Los Angeles Deep Water Pilot Area. A circular area of 1.0 
nm diameter centered on (33 deg.39'00" N, 118(13'11.6" W).
    (d) General regulations. The following regulations contained in 
paragraphs (d)(1) through (d)(3) of this section apply to power driven 
vessels of 1600 or more gross tons, a towing vessel of 8 meters 
(approximately 26 feet) or over in length engaged in towing, or vessels 
of 100 gross tons and upward carrying one or more passengers for hire:
    (1) A vessel shall not exceed a speed of 12 knots through the water 
within the RNA.
    (2) A vessel navigating within the RNA, shall have its engine(s) 
ready for immediate maneuver and shall operate its engine(s) in a 
control mode and on fuel that will allow for an immediate response to 
any engine order, ahead or astern, including stopping its engine(s) for 
an extended period of time.
    (3) A vessel navigating within the RNA shall maintain a minimum 
separation from other vessels of at least 0.25 nm.
    (e) Specific regulations. [All Datum: NAD 1983]
    (1) Los Angeles Pilot Area. (i) No vessel may enter the Los Angeles 
Pilot Area unless it is entering or departing Los Angeles Harbor 
entrance (Angels Gate).
    (ii) Vessels entering the Los Angeles Pilot Area shall pass 
directly through without stopping or loitering except as necessary to 
embark or disembark a pilot.
    (2) Long Beach Pilot Area. (i) No vessel may enter the Long Beach 
Pilot Area unless it is entering or departing Long Beach Harbor 
entrance (Queens Gate).
    (ii) Vessels entering the Long Beach Pilot Area shall pass directly 
through without stopping or loitering except as necessary to embark or 
disembark a pilot.
    (iii) Every vessel shall leave Long Beach Approach Lighted Whistle 
Buoy ``LB'' to port when entering and departing Long Beach Channel and 
departing vessels shall pass across the southern boundary of the Long 
Beach Pilot Area.
    (3) Los Angeles and Long Beach Deep Water Traffic Lanes. When a 
vessel of 50 foot draft or greater is using the Los Angeles or Long 
Beach Deep Water Traffic Lane no other vessel shall enter the deep 
water traffic lane if it will result in a meeting, crossing or 
overtaking situation.
    (4) Los Angeles Deep Water Pilot Area. When a vessel of 50 foot 
draft or greater is embarking or disembarking a pilot in the Los 
Angeles Deep Water Pilot Area no other vessel shall enter the Deep 
Water Pilot Area.
    (5) Commercial Anchorage G Area. No vessel may enter the waters 
between Commercial Anchorage G and the Middle Breakwater as defined by 
an area enclosed by the by a line beginning at Los Angeles Main Channel 
Entrance Light 2 (33 deg.42'42" N, 118 deg.14'42" W), thence east along 
the Middle Breakwater to Long Beach Light (33 deg.43'24" N, 
118 deg.11'12" W), thence south to (33 deg. 43'05.3" N, 
118 deg.11'15.3" W), thence westerly to (33 deg.43'05.3" N, 
118 deg.12'15.7" W), thence southwesterly parallel to the breakwater to 
(33 deg.42'25.9" N, 118 deg.14'18.0" W, thence to the point or origin, 
unless such vessel is:
    (i) In an emergency;
    (ii) Proceeding to anchor in or departing Commercial Anchorage G;
    (iii) Standing by with confirmed pilot boarding arrangements; or,
    (iv) Engaged in towing vessels to or from Commercial Anchorage G, 
or to or from the waters between Commercial Anchorage G and the Middle 
Breakwater.

    Dated: July 6, 2000.
C.D. Wurster,
Acting Captain, U.S. Coast Guard, Commander, Coast Guard Pacific Area, 
Acting.
[FR Doc. 00-18313 Filed 7-20-00; 8:45 am]
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