[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Rules and Regulations]
[Pages 62292-62295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26773]


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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: Final rule.

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SUMMARY: The Coast Guard is revising the Regulated Navigation Area for 
San Pedro Bay, California. Due to port expansion projects in the Ports 
of Los Angeles and Long Beach, the Coast Guard conducted a Port Access 
Route Study (PARS) which recommended, among other things, changes to 
the San Pedro Bay Regulated Navigation Area (RNA). The Coast Guard is 
also making 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: This rule is effective as of October 18, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD11-00-007] and are available for inspection or 
copying at Commander (Pmc-3), USCG PACAREA/D11, Bldg 50-6, Coast Guard 
Island, Alameda, CA 94501-5100, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Chief 
Vessel Traffic Management Section, 11th Coast Guard District, telephone 
(510) 437-2951; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory History

    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.
    On July 21, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area; San Pedro Bay, California, 
in the Federal Register (65 FR 45328). The comment period ended 
September 5, 2000. We did not receive any comments on the proposed 
rule. No public hearing was requested, and none was held.
    During the drafting of this Final Rule, a few minor changes were 
made to items discussed in the NPRM. The Coast Guard expects that these 
minor changes from the content of the NPRM will not impose a burden on 
the public.
    1. In the Discussion of Regulation section of the NPRM, it 
correctly states that the length of the Long Beach Pilot area will be 
expanded approximately 1.7 nm to the south. Subsequently, in the same 
section, it states incorrectly that the Long Beach Pilot Area will be 
expanded to the south approximately 1.6 nm. This error in the NPRM is 
corrected in this final rule to reflect that the length of the Long 
Beach Pilot Area will be expanded approximately 1.7 nm to the south.
    2. The second change corrects an error in the last paragraph of the 
Discussion of Regulation section of the NPRM. The sentence, ``When a 
vessel drawing more than 50 feet * * *'' is corrected to read, ``When a 
vessel 50 feet and greater * * *''
    3. The third change deals with the nomenclature used to designate 
the geographical coordinates of the RNA, Pilot Areas, Deep Water 
Routes, and the Middle Breakwater Area. The format used in the NPRM 
described the latitudes and longitudes in degrees, minutes and seconds. 
In contrast, the format used in the final rule describes latitudes and 
longitudes in degrees, minutes, and tenths of minutes. The format used 
in the final rule is easier to read and the NAD 1983 datum is accounted 
for throughout the regulation. Also, describing the coordinates for the 
RNA in this manner is consistent with the way the coordinates are 
published in the Los Angeles/Long Beach Traffic

[[Page 62293]]

Separation Scheme. See 65 FR 53,911 (Sep. 6, 2000) (to be codified at 
33 CFR pt. 167).
    4. The fourth and final change deals with the terms of the Proposed 
Regulation at Sec. 165.1109(e)(5). The NPRM published ``No vessel may 
enter the waters between Commercial Anchorage G and the Middle 
Breakwater * * *'' This Final Rule now refers to the specific vessels 
described in paragraph (d), General Regulations, which may not enter 
the waters between Commercial Anchorage G and the Middle Breakwater.

Regulatory Information

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. On September 6, 2000 the Coast 
Guard amended the Los Angeles/Long Beach Traffic Separation Scheme 
(TSS) to route commercial vessels farther offshore for safety and 
environmental protection reasons in the San Pedro Bay area. See 65 FR 
53911. One of the amendments to the TSS expanded the Precautionary Area 
to match the shifted coordinates of the western and southern traffic 
lanes. This new Precautionary Area also coincides with the expanded 
coordinates for the RNA.
    The RNA and the Precautionary Area establish the manner in which 
vessels transit through San Pedro Bay. As explained in the NPRM, the 
RNA has specific vessel operation requirements which are necessary 
because of hazardous conditions in the area. In order to enforce such 
requirements within the RNA, which now must have the expanded 
boundaries to match the TSS amendments, we are making this rule 
effective on the date of publication so that the RNA is in place as 
close as possible to the effective date of the TSS.
    Also, because of these changes to the TSS and the RNA, a complete 
update of several local charts is required. Chart publication cannot 
occur until the RNA rule becomes final. Since these charts are 
essential to safe navigation in San Pedro Bay and the approaches of the 
Ports of Los Angeles--Long Beach, there is good cause to implement this 
final rule upon publication in the Federal Register.

Background and Purpose

    The Commander, Eleventh Coast Guard District is modifying the San 
Pedro Bay RNA. As previously discussed, this change makes 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.
    The following is a summary of the specific changes to the RNA:
     The southern boundary of the RNA is moved to the south 
approximately 2.2 nm to align with the new western traffic separation 
scheme. The southeastern corner of the RNA is 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 Los Angeles Pilot Area is expanded approximately 0.4 
nm to the south-southeast.
     The Long Beach Pilot Area is expanded approximately 1.7 nm 
to the south.
     A Deep Water Traffic Lane approximately 3.27 nm long is 
established in the Los Angeles approach channel.
     A Deep Water Traffic Lane approximately 1.9. nm long is 
established in the Long Beach approach channel.
     A Deep Water Pilot Area is established just south of the 
Los Angeles Deep Water Traffic Lane. It is centered on position 
33 deg.39.00N, 118 deg.13.19W, approximately 0.5 nm south of the 
southern terminus of the Los Angeles Channel and will be 1.0 nm in 
diameter.
    In addition, this rule codifies the amended RNA into Title 33 Part 
165 of the Code of Federal Regulations.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and did 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 economic impact of this rule is so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of Department of Transportation was unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 rule will not have a 
significant economic impact on any substantial number of entities, 
regardless of their size.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offered to assist small entities in understanding this rule so that 
they can better evaluate its effects on them and participate in the 
rule making process. No concerns or questions from small businesses 
were brought to our attention on this rule.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

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

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard considered whether this 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

[[Page 62294]]

alternative that achieves the objective of the rule be selected. No 
state, local, or tribal government entities are affected by this rule, 
so it 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 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 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.

Environmental Assessment

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

List of Subjects in 33 CFR Part 165

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


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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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. (Note: All geographic coordinates are defined 
using North American Datum 1983 (NAD 83)).
    (b) Deviations. The Captain of the Port of Los Angeles-Long Beach 
or his or her 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 San Pedro Bay Regulated Navigation Area (RNA) 
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
------------------------------------------------------------------------

    (2) The San Pedro Bay RNA consists of the following named sub-
areas, defined by lines connecting their respective geographic 
coordinates:
    (i) The Los Angeles Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33 deg.42.50' N.....................  118 deg.15.10' W
                                      (Los Angeles Light)
33 deg.42.62' N.....................  118 deg.14.70' W
33 deg.41.30' N.....................  118 deg.13.50' W
33 deg.40.85' N.....................  118 deg.14.90' W
33 deg.42.50' N.....................  118 deg.15.10' W
------------------------------------------------------------------------

    (ii) The Long Beach Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33 deg.43.40' N.....................  118 deg.11.20' W
                                      (Long Beach Light)
33 deg.43.40' N.....................  118 deg.10.80' W
33 deg.41.50' N.....................  118 deg.10.22' W
33 deg.40.52' N.....................  118 deg.10.22' W
33 deg.40.52' N.....................  118 deg.11.82' W
33 deg.41.50' N.....................  118 deg.11.82' W
33 deg.43.40' N.....................  118 deg.11.20' W
------------------------------------------------------------------------

    (iii) The Los Angeles Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33 deg.42.47' N..........................  118 deg.14.95' W
33 deg.42.56' N..........................  118 deg.14.75' W
33 deg.39.48' N..........................  118 deg.13.32' W
33 deg.39.42' N..........................  118 deg.13.55' W
33 deg.42.47' N..........................  118 deg.14.95' W
------------------------------------------------------------------------

    (iv) The Long Beach Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33 deg.43.43' N..........................  118 deg.11.15' W
33 deg.43.39' N..........................  118 deg.10.90' W
33 deg.41.51' N..........................  118 deg.10.71' W
33 deg.41.50' N..........................  118 deg.10.95' W
33 deg.43.43' N..........................  118 deg.11.15' W
------------------------------------------------------------------------

    (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around 
33 deg.39.00' N, 118 deg.13.19' 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--(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.

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    (5) Vessels described in paragraph (d) of this section may not 
enter the waters between Commercial Anchorage G and the Middle 
Breakwater as defined by an area enclosed by the line beginning at Los 
Angeles Main Channel Entrance Light 2 (33 deg.42.70' N, 118 deg.14.70' 
W), thence east along the Middle Breakwater to Long Beach Light 
(33 deg.43.40' N, 118 deg.11.20' W), thence south to (33 deg.43.08' N, 
118 deg.11.26' W), thence westerly to (33 deg.43.08' N, 118 deg.12.26' 
W), thence southwesterly parallel to the breakwater to (33 deg.42.43' 
N, 118 deg.14.30' W), thence to the point of 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: October 2, 2000.
C.D. Wurster,
Captain, U.S. Coast Guard, Commander, Eleventh U.S. Coast Guard 
District, Acting.
[FR Doc. 00-26773 Filed 10-17-00; 8:45 am]
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