[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Rules and Regulations]
[Pages 53911-53914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22944]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 167

[USCG-2000-7695]
RIN 2115-AF99


Traffic Separation Scheme: In the Approaches to Los Angeles-Long 
Beach, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the existing Traffic Separation 
Scheme (TSS) in the Approaches to Los Angeles-Long Beach, California. A 
recent port access route study, which evaluated vessel routing and 
traffic management measures, validated the proposed amendments. The 
study was necessary because of major port improvements made to the 
Ports of Los Angeles and Long Beach. The amended TSS will route 
commercial vessels farther offshore, providing an extra margin of 
safety and environmental protection in the San Pedro Channel area and 
the entrances to the Ports of Los Angeles and Long Beach.

DATES: This final rule is effective on September 6, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2000-7695 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Mike Van Houten, Aids to Navigation Section Chief, Eleventh Coast Guard 
District, telephone 510-437-2968, e-mail [email protected]; 
Lieutenant Patricia Springer, Vessel Traffic Management Officer, 
Eleventh Coast Guard District, telephone 510-437-2951, e-mail 
[email protected]; or George Detweiler, Coast Guard, Office of 
Vessel Traffic Management (G-MWV), at 202-267-0574, e-mail 
[email protected]. For questions on viewing the docket, call 
Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 
202-366-9329.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On July 28, 2000, we published a notice of proposed rulemaking 
entitled ``Traffic Separation Scheme: In the Approaches to Los Angeles-
Long Beach, CA'' in the Federal Register (65 FR 46378). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.

Regulatory Information

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. Per our request, IMO suspended the 
existing TSS effective September 1, 2000. We are making this rule 
effective on the date of publication so that a TSS is in place on 
September 1st or as soon thereafter as possible.

Background and Purpose

    This rule amends the existing TSS in the approaches to Los Angeles-
Long Beach adopted by the International Maritime Organization (IMO) in 
1975 (``Ships Routing,'' Sixth Edition 1991, IMO). These amendments--
    a. Expand the Precautionary Area approximately 2.2 nautical miles 
to the south;
    b. Shift the western traffic lane approximately 2.2 nautical miles 
to the south; and
    c. Shift the southern traffic lane approximately 3 miles to the 
west.
    In addition, this rule codifies the amended TSS into Title 33 part 
167 of the Code of Federal Regulations (CFR).

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. The costs and benefits 
of this rule are summarized below.

Costs

    The amendments to the TSS's in the approaches to Los Angeles-Long 
Beach will result in a slight increase in transit times and operating 
costs for vessels using the TSS's to call on the Los Angeles-Long Beach 
Port complex. Most

[[Page 53912]]

of the vessels using the TSS are large commercial vessels such as 
container ships and tankers. The following calculations assume vessels 
arriving or departing from the north or south are using the proposed 
western and southern TSS's, respectively. The distance for vessels 
arriving from the north (3600/year) will increase by approximately 2.35 
nautical miles (nm). The distance for vessels departing to the north 
(3100/year) will increase by approximately 1.6 nm. The distance for 
vessels arriving from the south (2100/year) will increase by 
approximately 0.40 nm. The distance for vessels departing to the south 
(2600/year) will increase by approximately 1.2 nm. Assuming an average 
transit speed of 12 knots, the time per transit arriving from the north 
would increase by .20 hr, departing to the north by .14 hr, arriving 
from the south by .04 hr, and departing to the south by .10 hr. This 
corresponds to 1154 additional hours per year for vessels arriving or 
departing to the north [(3600 transits  x  .20hr/transit) + (3100 
transits  x  .14 hr/transit)] and 344 additional hours per year for 
vessels arriving or departing to the south [(2100 transits  x  .04hr/
transit) + (2600 transits  x  .1 hr/transit)]. Assuming a fuel cost of 
approximately $600.00 per hour, the estimated increase in costs for the 
industry would be $898,800.00 per year [(1154 hours + 344 hours)  x  
$600/hr].
    Vessel operators will incur the minimal cost of plotting new 
coordinates on their existing charts or purchasing updated charts, when 
available.

Benefits

    The amendments to the TSS's in the approaches to Los Angeles-Long 
Beach will increase the margin of safety for all vessels utilizing the 
Ports of Los Angeles and Long Beach. The larger Precautionary Area and 
amended traffic lanes will decrease the chance of collisions and 
groundings, particularly for the deepest draft vessels, which require 
significant room to maneuver.
    The larger Precautionary Area will give vessels of all types, 
sizes, and drafts more time and room to maneuver in their approach to 
or departure from the ports. The expanded Precautionary Area is also 
well adapted to the lengthened Los Angeles entrance channel.
    The existing western and southern TSS's do not yield safe or 
practical approaches to the improved Long Beach and Los Angeles 
entrance channels. The lengthened entrance channels extend beyond the 
entrance to the existing western traffic lane. This rule shifts the 
western TSS to the south and the southern TSS to the west. These 
changes will reduce the maneuvering difficulties for vessels 
approaching and departing the Los Angeles-Long Beach Port Complex. The 
shifts will allow even the largest vessels safe transit between both 
ports and the western lane.
    Relocating the southern TSS westward will align the southern TSS 
with Long Beach channel and will allow a more direct approach to Los 
Angeles channel. In addition, the oil platforms will no longer be in 
the southern lane separation zone, which will increase the safety of 
the platforms and transiting vessels.

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.
    This rule will have a minimal economic impact on vessels operated 
by small entities. The rule amends existing TSS's. This action improves 
safety for commercial vessels using the TSS by reducing the risk of 
collisions, allisions, and groundings. Vessels voluntarily transiting 
the TSS's will have to transit an additional 1.6 to 3.95 nautical miles 
per trip, depending on the route traveled. The additional transit 
distance results in increased vessel operating costs ranging from 
approximately $84 to $204 per trip. Vessels that tend to use the TSS's 
are commercial vessels such as containerships, freighters, and tankers. 
These vessels by their very nature are large in size and capable of 
operating in an offshore environment. Because of their large size most 
of them would not qualify as small entities. However, even if a vessel 
does qualify as a small entity, the impact of the additional $84 to 
$204 per trip would be an insignificant increase to the overall cost of 
its complete voyage.
    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. If the rule 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult George Detweiler, Coast Guard, Marine 
Transportation Specialist, at 202-267-0574.
    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 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 it does not have implications for federalism under that Order.
    Title I of the Ports and Waterways Safety Act (33 U.S.C. 1221 et. 
seq.) (PWSA) authorizes the Secretary to promulgate regulations to 
designate and amend traffic separation schemes (TSS's) to protect the 
marine environment. In enacting PWSA in 1972, Congress found that 
advance planning and consultation with the affected States and other 
stakeholders was necessary in the development and implementation of a 
TSS. Throughout the history of the development of the TSS in the 
approaches to Los Angeles--Long Beach, California, we consulted with 
the LA/LB Harbor Safety Committee (``HSC''), the affected state and 
federal pilot's associations, vessel operators, users, and all affected 
stakeholders. The LA/LB HSC, which was established by the State of 
California, includes all the principal waterway users of the LA/LB 
ports and other key agencies. The HSC was an active participant in 
various meetings with the Coast Guard and contributed to this 
rulemaking.
    Presently, there are no California State laws or regulations 
concerning the same subjects as are contained in this rule. We 
understand the state does not contemplate issuing any such rules. 
However, it should be noted, that by virtue of the PWSA authority, the 
TSS

[[Page 53913]]

in this rule will preempt any state rule on the same subject.
    In order to be applicable to foreign flag vessels on the high seas, 
TSS's must be submitted to, approved by, and implemented by the 
International Maritime Organization (IMO). Individual states are not 
represented at IMO; that is the role of the federal government. The 
Coast Guard is the principal United States agency responsible for 
advancing the interests of the United States at IMO. We recognize, 
however, the interest of all local stakeholders as we work at IMO to 
advance the goals of this TSS. We continued to work closely with such 
stakeholders in implementing the final rule to ensure that the waters 
in the approaches to Los Angeles--Long Beach affected by this rule are 
made safer and more environmentally secure.

Unfunded Mandates

    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 would 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.lC, this rule is categorically excluded from further 
environmental documentation. This rule amends an existing traffic 
separation scheme. These amendments will enhance safety by routing 
commercial vessels farther offshore which will provide an extra margin 
of safety and environmental protection in the San Pedro Channel area 
and the entrances to the Ports of Los Angeles and Long Beach. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 167

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

    For the 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. Following Sec. 167.452, add Secs. 167.500 through 167.503 to 
read as follows:


Sec. 167.500  In the approaches to Los Angeles-Long Beach Traffic 
Separation Scheme: General.

    The Traffic Separation Scheme in the approaches to Los Angeles-Long 
Beach consists of three parts: a Precautionary Area, a Western 
Approach, and a Southern Approach. The specific areas in the approaches 
to Los Angeles-Long Beach are described in Secs. 167.501 through 
167.503. The geographic coordinates in Secs. 167.501 through 167.503 
are defined using North American Datum 1983 (NAD 83).


Sec. 167.501  In the approaches to Los Angeles/Long Beach: 
Precautionary area.

    (a) The precautionary area consists of the water area enclosed by 
the Los Angeles-Long Beach breakwater and a line connecting Point 
Fermin Light at 33 deg.42.30'N, 118 deg.17.60'W, with the following 
geographical positions:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.35.50'N............................  118 deg.17.60'W.
33 deg.35.50'N............................  118 deg.09.00'W.
33 deg.37.70'N............................  118 deg.06.50'W.
33 deg.43.40'N............................  118 deg.10.80'W.
------------------------------------------------------------------------

    (b) Pilot boarding areas are located within the precautionary area 
described in paragraph (a) of this section. Specific regulations 
pertaining to vessels operating in these areas are contained in 33 CFR 
165.1109(d).


Sec. 167.502  In the approaches to Los Angeles-Long Beach: Western 
approach.

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.37.70'N............................  118 deg.17.60'W.
33 deg.36.50'N............................  118 deg.17.60'W.
33 deg.36.50'N............................  118 deg.23.10'W.
33 deg.43.20'N............................  118 deg.36.90'W.
33 deg.44.90'N............................  118 deg.35.70'W.
33 deg.37.70'N............................  118 deg.20.90'W.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.38.70'N............................  118 deg.17.60'W.
33 deg.38.70'N............................  118 deg.20.60'W.
33 deg.45.80'N............................  118 deg.35.10'W.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.35.50'N............................  118 deg.17.60'W.
33 deg.35.50'N............................  118 deg.23.43'W.
33 deg.42.30'N............................  118 deg.37.50'W.
------------------------------------------------------------------------

Sec. 167.503  In the approaches to Los Angeles-Long Beach TSS: Southern 
approach.

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.35.50'N............................  118 deg.10.30'W.
33 deg.35.50'N............................  118 deg.12.75'W.
33 deg.19.70'N............................  118 deg.03.50'W.
33 deg.19.00'N............................  118 deg.05.60'W.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.35.50'N............................  118 deg.09.00'W.
33 deg.20.00'N............................  118 deg.02.30'W.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33 deg.35.50'N............................  118 deg.14.00'W.
33 deg.18.70'N............................  118 deg.06.75'W.
------------------------------------------------------------------------



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    Dated: August 31, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-22944 Filed 9-1-00; 2:42 pm]
BILLING CODE 4910-15-P