[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Proposed Rules]
[Pages 54981-54992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21785]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 167

[USCG-2002-12702]
RIN 2115-AG45


Traffic Separation Schemes: In the Strait of Juan de Fuca and Its 
Approaches; in Puget Sound and Its Approaches; and in Haro Strait, 
Boundary Pass, and the Strait of Georgia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing traffic 
separation schemes (TSSs) in the Strait of Juan de Fuca and its 
approaches, in Puget Sound and its approaches, and in Haro Strait, 
Boundary Pass, and the Strait of Georgia. The proposed amendments have 
been approved by the International Maritime Organization and have been 
validated by a recent Port Access Route Study. Implementing these 
amendments would provide better routing order and predictability, 
increase maritime safety, and reduce the potential for collisions, 
groundings, and hazardous cargo spills. This rulemaking would 
incorporate these TSSs, as amended, into the Code of Federal 
Regulations.

DATES: Comments and related material must reach the Docket Management 
Facility on or before October 28, 2002.

ADDRESSES: To make sure that 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 2002-12702), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001.
    (2) By 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 
rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Commander Jane C. Wong, Thirteenth Coast Guard 
District, Seattle, WA, telephone 206-220-7224, e-mail 
[email protected]; or George Detweiler, Coast Guard, Office of 
Vessel Traffic Management (G-MWV), at 202-267-0574, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Dorothy Beard, Chief, Dockets, 
Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2002-
12702), 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 that 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. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    Under the Ports and Waterways Safety Act (33 U.S.C. 1221-1232) 
(PWSA), the

[[Page 54982]]

Coast Guard establishes traffic separation schemes (TSSs), where 
necessary, to provide safe access routes for vessels proceeding to or 
from U.S. ports. Before implementing new TSSs or modifying existing 
ones, we conduct a Port Access Route Study (PARS). Through the PARS 
process, we consulted with affected parties to reconcile the need for 
safe access routes with the need to accommodate other reasonable uses 
of the waterway, such as oil and gas exploration, deepwater port 
construction, establishment of marine sanctuaries, and recreational and 
commercial fishing. If a PARS recommends a new or modified TSS, we must 
initiate a rulemaking to implement the TSS. Once a TSS is established, 
the right of navigation is considered paramount within the TSS.
    Approximately 11,000 vessels of greater than 300 gross tons (GT) 
moved through the Strait of Juan de Fuca in 1999. It is anticipated 
that this number will increase to approximately 17,000 by the year 
2025. In the PARS, it was estimated that approximately 15.1 billion 
gallons of crude oil, refined products, and bunker fuel oil would be 
moved through the Strait in 2000. By 2025, the volume is expected to 
increase to approximately 19.2 billion gallons. About 7.6 billion 
gallons of this total volume will be crude oil imported to refineries 
in the Puget Sound area. Additional crude oil is exported from Canada's 
Port of Vancouver and 2.8 billion gallons of refined products will be 
exported from Puget Sound.
    Other indicators of increasing maritime activity in the area 
include the following:
    1. Expansion of the Port of Vancouver's Delta Port, just north of 
the international border on the Strait of Georgia in British Columbia. 
Some experts in the field predict that this facility will become one of 
the foremost container terminals on the west coast.
    2. The proposed gateway terminal near Cherry Point on the Strait of 
Georgia in Washington State. When constructed, it will create an 
opportunity for increased vessel transits in the Strait of Georgia.
    3. Potential Pacific-Rim trade expansion resulting from China 
receiving most favored nation trading status. Pacific Northwest ports 
are closer to the Orient via great-circle routing than are other U.S 
mainland ports.
    The 1999 Marine Cargo Forecast by the Washington Public Ports 
Association's projected that the total waterborne tonnage through Puget 
Sound ports will increase by 42 per cent to nearly 121.6 million tons 
in 2020, compared with 85.6 million tons in 1997. The report further 
projected that the total container traffic through the Puget Sound 
ports of Seattle and Tacoma is expected to grow by 131 per cent, from 
2.6 million TEUs (twenty-foot equivalent units) in 1997 to 6 million 
TEUs in 2020.
    Other vessel traffic indicators pertaining to the study area 
suggest that the greater Puget Sound area constitutes the third largest 
naval port complex in the United States and supports one of the 
nation's highest per capita recreational boat ownership populations.
    Existing TSSs. There are internationally approved TSSs in the 
Strait of Juan de Fuca and its approaches and in Puget Sound and its 
approaches. The TSSs in the Strait of Juan de Fuca and its approaches 
were adopted by the International Maritime Organization (IMO) on April 
3, 1981, and implemented on January 1, 1982. The TSSs in Puget Sound 
and its approaches were adopted by IMO in December 1992 and implemented 
on June 10, 1993. These TSSs are reflected on NOAA chart 18400 and in 
``Ships Routeing,'' Seventh Edition 1999, International Maritime 
Organization.
    Port Access Route Study (PARS). We published a notice of study in 
the Federal Register on January 20, 1999 (64 FR 3145). The study was to 
review and evaluate the need for modifications to current vessel 
routing and traffic management measures for the Strait of Juan de Fuca, 
Haro Strait, Boundary Pass, the Strait of Georgia, Rosario Strait, and 
adjacent waters. The study area also included both U.S. and Canadian 
TSSs and the Area to be Avoided (ATBA) ``Off the Washington Coast''. 
United States and Canadian Coast Guards manage portions of the study 
area jointly. 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, British 
Columbia, Canada, and Seattle, Washington, irrespective of the boundary 
between the two countries.
    The PARS was developed based on several related vessel traffic 
studies, Waterways Analysis and Management System (WAMS) reports, and 
extensive consultations between the governments of the United States 
and Canada. In addition, the officials of both governments embarked on 
a vigorous outreach program to present recommended changes in the study 
area and request commentary from a wide group of waterway users and 
other potentially affected and interested groups. These included 
members of the public, such as representatives of the shipping 
industry, master mariners, ports, pilots, environmental interests, and 
U.S. Federal, State, local, and tribal governments. The concerns raised 
were taken into account, including the costs and benefits to industry 
and the environment. The recommended changes also took into account the 
burden on, and the practical navigation aspects for, the shipping 
industry. We published the study results in the Federal Register on 
January 22, 2001 (66 FR 6514).
    The PARS concluded that the current TSSs should be modified by--
    1. Reconfiguring and extending seaward the TSS at the entrance to 
the Strait of Juan de Fuca;
    2. Modifying the location, orientation, and dimensions of the 
Strait of Juan de Fuca TSS;
    3. Relocating the Pilot Area and reconfiguring the traffic lanes 
and precautionary area off Port Angeles, Washington, to improve traffic 
flow and reduce risks;
    4. Moving the vessel traffic lanes southeast of Victoria, British 
Columbia, farther off shore;
    5. Establishing precautionary areas off of Discovery Island and 
around the Victoria Pilot Station;
    6. Creating a new two-way route in Haro Strait and Boundary Pass 
and establishing a precautionary area off of Turn Point;
    7. Expanding precautionary area ``RB'' at the south end of Rosario 
Strait;
    8. Revising and aligning the existing TSS in Georgia Strait with 
the existing TSS north of Rosario Strait and linking them with a new 
precautionary area off of East Point; and
    9. Creating a new precautionary area in Georgia Strait west of 
Delta Port and the Tsawwassen Ferry terminal.

Discussion of Proposed Rule

    This rulemaking would amend the existing TSSs in the Strait of Juan 
de Fuca and its approaches; in Puget Sound and its approaches; and in 
Haro Strait, Boundary Pass, and the Strait of Georgia. The existing 
TSSs are delineated in ``Ships Routeing,'' Seventh Edition 1999, 
International Maritime Organization, but not yet codified in the Code 
of Federal Regulations (CFR). The amendments are based on the 
recommendations of the PARS study published in the Federal Register on 
January 22, 2001 (66 FR 6514). We propose the following changes to the 
existing TSSs:
    1. Reconfiguring and extending seaward the TSS at the entrance to 
the Strait of Juan de Fuca. All traffic

[[Page 54983]]

entering the Strait of Juan de Fuca is presently 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 Buoy Juliet is close to the rocky 
shoreline of Cape Flattery, lies within the Olympic Coast National 
Marine Sanctuary, and funnels inbound southern traffic along the 
northern and western borders of an existing Area To Be Avoided (ATBA).
    It is customary 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 the 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.
    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.
    This rulemaking would extend the TSS at the entrance of the Strait 
of Juan de Fuca approximately 10 miles farther offshore and would 
center the separation zone on the international border at the entrance. 
Both of these actions would create a ``buffer zone'' between the 
southernmost TSS lane and Duntze Rock and the nearby ATBA. This 
relocation provides significant sea room for resolving conflicting 
routes as vessels converge toward the entrance of the Strait, thereby 
improving order and predictability for all entry and exit lanes. These 
changes, along with changes being proposed for the ATBA boundary, 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. Finally, it would create the 
space necessary to accommodate the recommended routes proposed to IMO.
    In developing 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 
would minimize potential conflicts and improve the existing 
configuration. These recommendations would provide routing order and 
predictability farther offshore, thereby reducing conflicts between 
vessels following the TSS and vessels fishing at the entrance to the 
Strait.
    2. Modifying the location, orientation, and dimensions of the 
existing TSS in the Strait of Juan de Fuca. In its current 
configuration, over 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 four nautical miles, of which three 
nautical miles are in U.S. waters. This alignment of the TSS reduces 
the amount of navigable water available to vessels transiting, outbound 
or inbound, south of the TSS and places inbound traffic following the 
lanes closer to land than vessels transiting in the outbound lanes.
    In the western segment of the TSS, the proposed rule would shift 
the TSS a half-mile to the north and reduce the width of the entire 
separation zone to a maximum of 3 nautical miles. The minimum width of 
the separation zone and the width of the traffic lanes would remain one 
nautical mile. Doing so would reduce the potential for powered 
groundings on the U.S. shoreline by creating a larger buffer between 
the TSS and shore. It also would create additional space for the 
existing in-shore traffic that transits south of the TSS and would 
accommodate the recommended routes proposed to IMO.
    We have considered the impact of the proposed changes on the 
existing Canadian Practice Firing Range (Exercise Area WH). Exercises 
will continue to be conducted in a manner not to conflict with 
commercial traffic following the TSS.
    3. Relocating the Pilot Area and reconfiguring the traffic lanes 
and precautionary area off Port Angeles to improve traffic flow and 
reduce risks. Five TSSs converge at the precautionary areas (``PA'' and 
``ND'') 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. To pick up a pilot, a 
vessel must first execute a 60-degree turn, then slow to varying 
speeds, which creates different impacts on steerage. At this point, a 
vessel may be particularly vulnerable to currents and seas. If an 
engineering failure occurred during this operation, the vessel would be 
at risk of a drift or powered grounding on Ediz Hook. By changing the 
traffic lane leading to the pilot station and by relocating the station 
itself, the need for an incoming deep draft vessel to steer directly 
toward shoal water as it approaches the pilot station would be 
eliminated. The addition of a new east/west TSS leading east from 
precautionary area ``PA'' establishes a predictable route for those 
vessels that do not require pilotage thus reducing the risk of 
collision with vessels that are maneuvering to pick up a pilot.
    4. Moving the vessel traffic lanes southeast of Victoria, British 
Columbia, farther off shore. On the Canadian side of the international 
boundary, 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. This 
behavior creates unnecessary and potentially dangerous interactions 
between deep draft vessels following the TSS and smaller vessels that 
choose to skirt the TSS or cut diagonally across the TSS.
    The proposed change would create an inshore buffer by decreasing 
the width of the TSS leading from the Victoria Pilot Station to the 
turn south of Discovery Island while maintaining the same southern 
boundary on the inbound lane. This buffer zone would allow fishing 
vessels and other small, slow moving vessels to transit directly 
between Discovery Island and Race Rocks, then inshore north of the TSS, 
while avoiding the deep-draft TSS.
    5. Establishing precautionary areas off Discovery Island and around 
the Victoria Pilot Station. The Victoria Pilot Station is at the 
convergence of two TSSs where there is significant traffic congestion 
as vessels transit to and from

[[Page 54984]]

the ports of Victoria and Esquimault. Likewise, two TSSs converge off 
Discovery Island where vessels often enter or depart the traffic 
scheme. Both of these are areas where vessels should proceed with 
particular caution. The proposed rule addresses this by proposing to 
establish precautionary areas ``V'' and ``HS.''
    6. Creating a new two-way route in Haro Strait and Boundary Pass 
and establishing a precautionary area off Turn Point. There are 
currently no formal traffic lanes in Haro Strait and Boundary Pass. In 
recent years, the level of recreational boating has significantly 
increased. There has also been an explosive growth in the number of 
small commercial vessels providing whale-watching tours off the western 
shore of San Juan Island. With this growth have come increased 
conflicts with deep draft vessels.
    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.
    This proposed rule would establish a two-way route in Haro Strait 
and Boundary Pass that connects into two existing TSSs to the south. 
This would increase order and predictability for vessel traffic in 
these waters. By establishing a formal traffic route, the provisions of 
Rule 10 of the COLREGS would apply. This would reduce dangerous 
interactions between the deep draft vessels following the TSS and 
smaller vessels that choose not to follow the TSS. The edge of the 
traffic lane would be moved to the east from Kellet Bluff to Turn Point 
and a flair or pull out would be created south of Turn Point to provide 
maneuvering room for a vessel to safely negotiate the strong ebb 
currents. A precautionary area around Turn Point is being proposed for 
this navigationally challenging area where vessels must negotiate a 
sight-obscured, right-angle turn in the presence of strong currents and 
numerous small craft.
    7. Expanding precautionary area ``RB'' at the south end of Rosario 
Strait. Deep draft vessels often cannot precisely follow the existing 
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''. The small turns in the TSS approaching precautionary area 
``RB'' could not be eliminated without placing the TSS uncomfortably 
close to other shoal water.
    This proposed rule would replace a small portion of the existing 
traffic lane with an expansion of precautionary area ``RB''. The safety 
of deep draft transits would be enhanced by eliminating a routing 
measure that large ships cannot comply with and replacing it with a 
precautionary area where ships must navigate with particular caution.
    8. Revising and aligning the existing TSS in Georgia Strait with 
the exiting TSS north of Rosario Strait and linking them with a new 
precautionary area off East Point. There is presently no routing 
measure connecting the TSS that terminates off Patos Island with the 
TSS that terminates off Saturna Island. Furthermore, 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. Routing vessels in this manner 
crowds them 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.
    This proposed rule would create a seamless and logical traffic 
scheme for this area. Existing TSSs are aligned and connected to the 
new two-way route in Boundary Pass through the creation of a new 
precautionary area. 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 by 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. The new precautionary area would highlight the need 
for potential crossing traffic in this area to exercise caution and 
would provide oil tankers departing Cherry Point bound for Haro Strait 
with a predictable and safe location to enter the traffic scheme.
    9. Creating a new precautionary area in Georgia Strait west of 
Delta Port and the Tsawwassen Ferry Terminal. The recently completed 
container facility at Delta Port has significantly increased the volume 
of traffic entering and departing the TSS in the Strait of Georgia. 
There has also been a significant increase in traffic to and from the 
Tsawwassen Ferry Terminal. A new precautionary area southwest of Delta 
Port would accommodate vessels departing Delta Port and the Tsawwassen 
Ferry Terminal as they get up to maneuvering speed before and while 
entering the TSS.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Costs

    This proposed rule would result in a slight increase in transit 
time because the proposed rule would extend the TSS at the entrance of 
the Strait of Juan de Fuca approximately 10 miles farther offshore. The 
additional 10-mile transit coming to or from the Strait of Juan de Fuca 
through the southwestern approach could result in a minimal increase in 
cost to the industry.
    There would be no anticipated costs for vessels traveling to, from, 
and within the Strait of Juan de Fuca and adjacent waterways to the 
north. Also, there would be no anticipated costs because of 
modifications, reconfigurations, and extensions of the TSSs in Puget 
Sound and its approaches, in Haro Strait, in Boundary Pass, and in the 
Strait of Georgia.

Benefits

    There would be no quantifiable benefits associated with codifying 
in the CFR the existing TSSs in the Strait of Juan de Fuca and its 
approaches, in Puget Sound and its approaches, and in Haro Strait, 
Boundary Pass, and the Strait of Georgia. There would be qualitative 
benefits as follows:
    1. By routing traffic farther offshore, the TSS would reduce the 
risk of drift groundings and resulting pollution, property damage, and 
injuries.
    2. The new exit lane north of Buoy J would reduce the risk of 
collision by reducing congestion and provide greater order and 
predictability for vessels transiting the area.
    3. Shifting lanes in the Strait would reduce the risk of powered 
groundings.
    4. Reconfiguring the traffic lanes and precautionary area off Port 
Angeles would reduce the risk of powered

[[Page 54985]]

groundings on Ediz Hook and the risk of collision at the Pilot Boarding 
Station.
    5. Accommodating recreational-vessel routes would facilitate the 
separation of fast/slow and big/small traffic.
    6. Creating a new two-way route in Haro Strait and Boundary Pass 
with a precautionary area off Turn Point would increase order and 
predictability. Interaction between deep draft and tug traffic with 
smaller vessels would be reduced, thus providing more maneuvering room 
for vessels.
    7. Extending the precautionary area ``RB'' would reduce the risk of 
collision by eliminating a routing measure with which large ships 
cannot comply and would replace it with a precautionary area.
    8. Providing a contiguous TSS connecting Boundary Pass traffic with 
the TSS in the Strait of Georgia would reduce the risk of collision due 
to the decreased conflict between traffic bound for Rosario Strait or 
Boundary Pass and would provide greater order for vessels merging from 
several directions from the vicinity of East Point.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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.
    We do not anticipate that this rulemaking would have a significant 
economic impact on a substantial number of small entities. Most vessels 
using the TSSs are commercial vessels of more than 300 gross tons. The 
largest concentration of possible small entities using the TSSs 
consists of oceangoing tug/barge operators and small to medium fishing 
vessels. Since recent studies indicate that most tug and barge 
combinations transit the coast approximately 15 to 25 miles offshore, 
the economic impact of this proposed rule on these vessels should be 
minimal. This rulemaking has been conducted with the goal of minimizing 
any impact on fisheries.
    Some vessel owners and operators, whether or not they are small 
entities, may incur a minimal cost due to the proposed 10-mile increase 
in transit distance. This proposed rule would adjust existing TSSs, 
which would provide an increased level of safety for mariners using the 
TSS. In turn, this would decrease the adverse economic effects on the 
region caused by casualties and pollution.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect 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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.
    The Ports and Waterways Safety Act (PWSA) authorizes the Secretary 
of Transportation to issue regulations to designate TSSs to protect the 
marine environment. In enacting the 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 TSSs in the 
Strait of Juan de Fuca and its approaches, in Puget Sound and its 
approaches, and in Haro Strait, Boundary Pass, and the Strait of 
Georgia, we have consulted with the affected State and Federal pilots' 
associations, vessel operators, users, United States and Canadian 
Vessel Traffic Services, Canadian Coast Guard and Transport Canada 
representatives, environmental advocacy groups, Native American tribal 
groups, and all affected stakeholders.
    Presently, there are no Washington State laws or regulations 
concerning the same subjects as are contained in this proposed rule. We 
understand that the State does not contemplate issuing any such rules. 
However, it should be noted that, by virtue of the PWSA authority, the 
TSSs proposed in this rule would preempt any State rule on the same 
subject.
    In order to apply to foreign-flag vessels on the high seas, TSSs 
must be submitted to, approved by, and implemented by the International 
Maritime Organization (IMO). The individual States of the United 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 the 
interest of all local stakeholders as we work at IMO to advance the 
goals of these TSSs. We will continue to work closely with the 
stakeholders in developing the final rule to ensure that the waters 
affected by this proposed rule are made safer and more environmentally 
secure.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. 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 proposed 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 proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

[[Page 54986]]

Civil Justice Reform

    This proposed rule meets applicable standards in sections 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    Several Native American tribes traditionally fish in the Strait of 
Juan de Fuca. The existing TSS in the Strait provides a broad 
separation zone, which allows ample room for the tribes' traditional 
gill-net fishery between the inbound and outbound vessel traffic lanes. 
The tribes also fish in the waters south of the inbound lane, between 
that lane and the northern shore of the Olympic Peninsula.
    When the PARS study was completed, it recommended that the broad 
separation zone be narrowed and aligned with the international border, 
a proposal that would straighten the routes for vessels transiting the 
TSS and move them farther north of Olympic Peninsula. Local tribal 
representatives objected to this recommendation because they believed 
it would significantly decrease the area available to fish, by leaving 
insufficient room to deploy their nets without interfering with, or 
being interfered by, deep-draft vessels transiting the Strait. To 
address their concerns, we met with these tribal nations in March and 
August of 2000 and February of 2001. The meetings were intended to 
gather their recommendations on how to improve the TSS, yet minimize 
the impact on their drift-net fishery. Following these meetings, the 
tribal nations submitted recommendations to widen the separation zone. 
Based on these submittals and the discussion at the meetings, we 
reassessed the PARS recommendation and widened the proposed zone enough 
to support their drift-net fishery.
    We do not foresee that this proposed rule would compel the tribes 
to significantly alter their current fishery. Furthermore, it would 
provide some benefits by increasing the area available for fishing 
south of the inbound traffic lane. We do not anticipate any additional 
economic cost to the tribes as a result of the proposed alteration to 
the separation zone. This alteration reflects a consideration of the 
needs of the tribal nations' drift-net fishery, balanced with the need 
to provide for safer transit routes farther from the Olympic Peninsula.
    We have reviewed this proposed rule under Executive Order 13175, 
Consultation and Coordination with Indian Tribal Governments. 
Rulemakings that are determined to have ``tribal implications'' under 
that Order (i.e., have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes) require the 
preparation of a tribal summary impact statement. This proposed rule 
would not have implications of the kind envisioned under the Order, 
because it would not impose substantial direct compliance costs on 
tribal governments, preempt tribal law, or substantially affect lands 
or rights held exclusively by, or on behalf of, those governments.
    Whether or not the Executive Order applies in this case, it is the 
policy of the Coast Guard to seek out and consult with Native Americans 
on all of its rulemakings that may affect them. We have published a 
separate notice in the Federal Register (66 FR 36361, July 11, 2001) to 
help the Coast Guard establish regular and meaningful consultation and 
collaboration with Indian and Alaskan Native tribes on how to best 
carry out the Order. With regard to this proposed rule, we invite your 
comments on how it might impact tribal governments, even if that impact 
may not constitute a ``tribal implication'' under the Order.

Environmental Justice

    We have analyzed this proposed rule under Executive Order 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations. We have determined that this 
proposed rule would not result in disproportionately high and adverse 
human health or environmental effects on minority populations and low-
income populations, including Native American tribal nations.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(i), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rulemaking concerns navigational 
aids, which include TSSs. 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 proposes 
to amend 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 Secs. 167.1300 through 167.1303 to read as follows:


Sec. 167.1300  In the approaches to the Strait of Juan de Fuca: 
General.

    The traffic separation scheme for the approaches to the Strait of 
Juan de Fuca consists of three parts: the western approach, the 
southwestern approach, and precautionary area ``JF''. These parts are 
described in Secs. 167.1301 through 167.1303. The geographic 
coordinates in Secs. 167.1301 through 167.1303 are defined using North 
American Datum (NAD 83).


Sec. 167.1301  In the approaches to the Strait of Juan de Fuca: Western 
approach.

    In the western approach to the Strait of Juan de Fuca, the 
following are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.30.10'N                       125 deg.09.00'W
48 deg.30.10'N                       125 deg.04.67'W
48 deg.29.11'N                       125 deg.04.67'W
48 deg.29.11'N                       125 deg.09.00'W
 


[[Page 54987]]

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

 
              Latitude                            Longitude
 
48 deg.31.09'N                       125 deg.04.67'W
48 deg.31.93'N                       125 deg.09.00'W
 

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

 
              Latitude                            Longitude
 
48 deg.27.31'N                       125 deg.09.00'W
48 deg.28.13'N                       125 deg.04.67'W
 

Sec. 167.1302  In the approaches to the Strait of Juan de Fuca: 
Southwestern approach.

    In the southwestern approach to the Strait of Juan de Fuca, the 
following are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.23.99'N                       125 deg.06.54'W
48 deg.27.63'N                       125 deg.03.38'W
48 deg.27.14'N                       125 deg.02.08'W
48 deg.23.50'N                       125 deg.05.26'W
 

    (b) A traffic lane for north-eastbound traffic between the 
separation zone and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.22.55'N                       125 deg.02.80'W
48 deg.26.64'N                       125 deg.00.81'W
 

    (c) A traffic lane for south-westbound traffic between the 
separation zone and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.28.13'N                       125 deg.04.67'W
48 deg.24.94'N                       125 deg.09.00'W
 

Sec. 167.1303  In the approaches to the Strait of Juan de Fuca: 
Precautionary area ``JF''.

    In the approaches to the Strait of Juan de Fuca, precautionary area 
``JF'' is established and is bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.31.09'N                       125 deg.04.67'W
48 deg.30.10'N                       125 deg.04.67'W
48 deg.29.11'N                       125 deg.04.67'W
48 deg.28.13'N                       125 deg.04.67'W
48 deg.27.63'N                       125 deg.03.38'W
48 deg.27.14'N                       125 deg.02.08'W
48 deg.26.64'N                       125 deg.00.81'W
48 deg.28.13'N                       125 deg.57.90'W
48 deg.29.11'N                       125 deg.00.00'W
48 deg.30.10'N                       125 deg.00.00'W
48 deg.31.09'N                       125 deg.00.00'W
48 deg.31.09'N                       125 deg.04.67'W
 

    3. Add Secs. 167.1310 through 167.1315 to read as follows:


Sec. 167.1310  In the Strait of Juan de Fuca: General.

    The traffic separation scheme in the Strait of Juan de Fuca 
consists of five parts: The western lanes, southern lanes, northern 
lanes, eastern lanes, and precautionary area ``PA''. These parts are 
described in Secs. 167.1311 through 167.1315. The geographic 
coordinates in Secs. 167.1311 through 167.1315 are defined using North 
American Datum (NAD 83).


Sec. 167.1311  In the Strait of Juan de Fuca: Western lanes.

    In the western lanes of the Strait of Juan de Fuca, the following 
are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.29.11'N                       125 deg.00.00'W
48 deg.29.11'N                       124 deg.43.78'W
48 deg.13.89'N                       123 deg.54.84'W
48 deg.13.89'N                       123 deg.31.98'W
48 deg.14.49'N                       123 deg.31.98'W
48 deg.17.02'N                       123 deg.56.46'W
48 deg.30.10'N                       124 deg.43.50'W
48 deg.30.10'N                       125 deg.00.00'W
 

    (b)(1) A traffic lane for north-westbound traffic between the 
separation zone and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.16.45'N                       123 deg.30.42'W
48 deg.15.97'N                       123 deg.33.54'W
48 deg.18.00'N                       123 deg.56.07'W
48 deg.32.00'N                       124 deg.46.57'W
48 deg.31.09'N                       124 deg.47.13'W
48 deg.31.09'N                       125 deg.00.00'W
 

    (2) An exit from this lane between points 48 deg.32.00'N, 124 deg. 
46.57'W and 48 deg.31.09'N, 124 deg.47.13'W. Vessel traffic may exit 
this lane at this location or may remain in the lane between points 
48 deg.31.09'N, 124 deg.47.13'W and 48 deg.31.09'N, 125 deg.00.00'W en 
route to precautionary area ``JF'', as described in Sec. 167.1315.
    (c) A traffic lane for south-eastbound traffic between the 
separation zone and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.28.13'N                       124 deg.57.90'W
48 deg.28.13'N                       124 deg.44.07'W
48 deg.12.90'N                       123 deg.55.24'W
48 deg.12.94'N                       123 deg.32.89'W
 

Sec. 167.1312  In the Strait of Juan de Fuca: Southern lanes.

    In the southern lanes of the Strait of Juan de Fuca, the following 
are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.10.82'N                       123 deg.25.44'W
48 deg.12.38'N                       123 deg.28.68'W
48 deg.12.90'N                       123 deg.28.68'W
48 deg.12.84'N                       123 deg.27.46'W
48 deg.10.99'N                       123 deg.24.84'W
 

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

 
              Latitude                            Longitude
 
48 deg.11.24'N                       123 deg.23.82'W
48 deg.12.72'N                       123 deg.25.34'W
 

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

 
              Latitude                            Longitude
 
48 deg.12.94'N                       123 deg.32.89'W
48 deg.09.42'N                       123 deg.24.24'W
 

Sec. 167.1313  In the Strait of Juan de Fuca: Northern lanes.

    In the northern lanes of the Strait of Juan de Fuca, the following 
are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.21.15'N                       123 deg.24.83'W
48 deg.16.16'N                       123 deg.28.50'W
48 deg.15.77'N                       123 deg.27.18'W
48 deg.20.93'N                       123 deg.24.26'W
 

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

 
              Latitude                            Longitude
 
48 deg.21.83'N                       123 deg.25.56'W
48 deg.16.45'N                       123 deg.30.42'W
 

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

 
              Latitude                            Longitude
 
48 deg.20.93'N                       123 deg.23.22'W

[[Page 54988]]

 
48 deg.15.13'N                       123 deg.25.62'W
 

Sec. 167.1314  In the Strait of Juan de Fuca: Eastern lanes.

    In the eastern lanes of the Strait of Juan de Fuca, the following 
are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.13.22'N                       123 deg.15.91'W
48 deg.14.03'N                       123 deg.25.98'W
48 deg.13.54'N                       123 deg.25.86'W
48 deg.12.89'N                       123 deg.16.69'W
 

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

 
              Latitude                            Longitude
 
48 deg.14.27'N                       123 deg.13.41'W
48 deg.14.05'N                       123 deg.16.08'W
48 deg.15.13'N                       123 deg.25.62'W
 

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

 
              Latitude                            Longitude
 
48 deg.12.72'N                       123 deg.25.34'W
48 deg.12.34'N                       123 deg.18.01'W
 

Sec. 167.1315  In the Strait of Juan de Fuca: Precautionary area 
``PA''.

    In the Strait of Juan de Fuca, precautionary area ``PA'' is 
established and is bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.12.94'N                       123 deg.32.89'W
48 deg.13.89'N                       123 deg.31.98'W
48 deg.14.49'N                       123 deg.31.98'W
48 deg.16.45'N                       123 deg.30.42'W
48 deg.16.16'N                       123 deg.28.50'W
48 deg.15.77'N                       123 deg.27.18'W
48 deg.15.13'N                       123 deg.25.62'W
48 deg.14.03'N                       123 deg.25.98'W
48 deg.13.54'N                       123 deg.25.86'W
48 deg.12.72'N                       123 deg.25.34'W
48 deg.12.84'N                       123 deg.27.46'W
48 deg.12.90'N                       123 deg.28.68'W
48 deg.12.94'N                       123 deg.32.89'W
 

    4. Add Secs. 167.1320 through 167.1323 to read as follows:


Sec. 167.1320  In Puget Sound and its approaches: General.

    The traffic separation scheme in Puget Sound and its approaches 
consists of three parts: Rosario Strait, approaches to Puget Sound 
other than Rosario Strait, and Puget Sound. These parts are described 
in Secs. 167.1321 through 167.1323. The geographic coordinates in 
Secs. 167.1321 through 167.1323 are defined using North American Datum 
(NAD 83).


Sec. 167.1321  In Puget Sound and its approaches: Rosario Strait.

    In Rosario Strait, the following are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.48.98'N                       122 deg.55.20'W
48 deg.46.76'N                       122 deg.50.43'W
48 deg.45.56'N                       122 deg.48.36'W
48 deg.45.97'N                       122 deg.48.12'W
48 deg.46.39'N                       122 deg.50.76'W
48 deg.48.73'N                       122 deg.55.68'W
 

    (b) A traffic lane for northbound traffic located between the 
separation zone described in paragraph (a) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.49.49'N                       122 deg.54.24'W
48 deg.47.14'N                       122 deg.50.10'W
48 deg.46.35'N                       122 deg.47.50'W
 

    (c) A traffic lane for southbound traffic located between the 
separation zone described in paragraph (a) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.44.95'N                       122 deg.48.28'W
48 deg.46.76'N                       122 deg.53.10'W
48 deg.47.93'N                       122 deg.57.12'W
 

    (d) Precautionary area ``CA'' contained within a circle of radius 
1.24 miles centered at geographical position 48 deg.45.30'N, 
122 deg.46.50'W.
    (e) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.44.27'N                       122 deg.45.53'W
48 deg.41.72'N                       122 deg.43.50'W
48 deg.41.60'N                       122 deg.43.82'W
48 deg.44.17'N                       122 deg.45.87'W
 

    (f) A traffic lane for northbound traffic located between the 
separation zone described in paragraph (e) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.44.62'N                       122 deg.44.96'W
48 deg.41.80'N                       122 deg.42.70'W
 

    (g) A traffic lane for southbound traffic located between the 
separation zone described in paragraph (e) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.44.08'N                       122 deg.46.65'W
48 deg.41.25'N                       122 deg.44.37'W
 

    (h) Precautionary area ``C'' contained within a circle of radius 
1.24 miles centered at geographical position 48 deg.40.55'N, 
122 deg.42.80'W.
    (i) A two-way route between the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.39.33'N                       122 deg.42.73'W
48 deg.36.08'N                       122 deg.45.00'W
48 deg.26.82'N                       122 deg.43.53'W
48 deg.27.62'N                       122 deg.45.53'W
48 deg.29.48'N                       122 deg.44.77'W
48 deg.36.13'N                       122 deg.45.80'W
48 deg.38.38'N                       122 deg.44.20'W
48 deg.39.63'N                       122 deg.44.03'W
 

    (j) Precautionary area ``RB'' bounded as follows:
    (1) To the north by the arc of a circle of radius 1.24 miles 
centered on geographical position 48 deg.26.38'N, 122 deg.45.27'W and 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.25.97'N                       122 deg.47.03'W
48 deg.25.55'N                       122 deg.43.93'W
 

    (2) To the south by a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.25.97'N                       122 deg.47.03'W
48 deg.24.62'N                       122 deg.48.68'W
48 deg.23.75'N                       122 deg.47.47'W
48 deg.25.20'N                       122 deg.45.73'W
48 deg.25.17'N                       122 deg.45.62'W
48 deg.24.15'N                       122 deg.45.27'W
48 deg.24.08'N                       122 deg.43.38'W
48 deg.25.55'N                       122 deg.43.93'W
 

Sec. 167.1322  In Puget Sound and its approaches: Approaches to Puget 
Sound other than Rosario Strait.

    (a) The traffic separation scheme in the approaches to Puget Sound 
other than Rosario Strait consists of a northeast/southwest approach, a 
northwest/southeast approach, a north/south approach, and an east/west 
approach and connecting precautionary areas.
    (b) In the northeast/southwest approach consisting of two 
separation zones, two precautionary areas (``RA'' and ``ND''), and four 
traffic lanes, the following are established:
    (1) A separation zone that connects with precautionary area ``RA'', 
as described in paragraph (b)(2) of this section, and is bounded by a 
line connecting the following geographical positions:

[[Page 54989]]



 
              Latitude                            Longitude
 
48 deg.24.13'N                       122 deg.47.97'W
48 deg.20.32'N                       122 deg.57.02'W
48 deg.20.53'N                       122 deg.57.22'W
48 deg.24.32'N                       122 deg.48.22'W
 

    (2) Precautionary area ``RA'', which is contained within a circle 
of radius 1.24 miles centered at 48 deg.19.77'N, 122 deg.58.57'W.
    (3) A separation zone that connects with precautionary area ``RA'', 
as described in paragraph (b)(2) of this section, and is bounded by a 
line connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.16.25'N                       123 deg.06.58'W
48 deg.16.57'N                       123 deg.06.58'W
48 deg.19.20'N                       123 deg.00.35'W
48 deg.19.00'N                       123 deg.00.17'W
 

    (4) A traffic lane for northbound traffic that connects with 
precautionary area ``RA'', as described in paragraph (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (b)(1) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.23.75'N                       122 deg.47.47'W
48 deg.19.80'N                       122 deg.56.83'W
 

    (5) A traffic lane for northbound traffic that connects with 
precautionary area ``RA'', as described in paragraph (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (b)(3) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.15.70'N                       123 deg.06.58'W
48 deg.18.67'N                       122 deg.59.57'W
 

    (6) A traffic lane for southbound traffic that connects with 
precautionary area ``RA'', as described in paragraph (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (b)(1) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.24.62'N                       122 deg.48.68'W
48 deg.20.85'N                       122 deg.57.80'W
 

    (7) A traffic lane for southbound traffic that connects with 
precautionary area ``RA'', as described in paragraphs (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (b)(3) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.19.70'N                       123 deg.00.53'W
48 deg.17.15'N                       123 deg.06.57'W
 

    (8) Precautionary area ``ND'', which is bounded by a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.11.00'N                       123 deg.06.58'W
48 deg.17.15'N                       123 deg.06.57'W
48 deg.14.27'N                       123 deg.13.41'W
48 deg.12.34'N                       123 deg.18.01'W
48 deg.12.72'N                       123 deg.25.34'W
48 deg.11.24'N                       123 deg.23.82'W
48 deg.10.82'N                       123 deg.25.44'W
48 deg.09.42'N                       123 deg.24.24'W
48 deg.08.39'N                       123 deg.24.24'W
48 deg.11.00'N                       123 deg.06.58'W
 

    (c) In the northwest/southeast approach consisting of two 
separation zones, two precautionary areas (``RA'' and ``SA''), and four 
traffic lanes, the following are established:
    (1) A separation zone that connects with precautionary area ``RA'', 
as described in paragraph (b)(2) of this section, and is bounded by a 
line connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.27.79'N                       123 deg.07.80'W
48 deg.25.43'N                       123 deg.03.88'W
48 deg.22.88'N                       123 deg.00.82'W
48 deg.20.93'N                       122 deg.59.30'W
48 deg.20.82'N                       122 deg.59.62'W
48 deg.22.72'N                       123 deg.01.12'W
48 deg.25.32'N                       123 deg.04.30'W
48 deg.27.58'N                       123 deg.08.10'W
 

    (2) A separation zone that connects with precautionary area ``RA'', 
as described in paragraph (b)(2) of this section, and is bounded by a 
line connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.18.83'N                       122 deg.57.48'W
48 deg.13.15'N                       122 deg.51.33'W
48 deg.13.00'N                       122 deg.51.62'W
48 deg.18.70'N                       122 deg.57.77'W
 

    (3) A traffic lane for northbound traffic that connects with 
precautionary ``RA'', as described in paragraph (b)(2) of this section, 
and is located between the separation zone described in paragraph 
(c)(1) of this section and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.28.15'N                       123 deg.07.31'W
48 deg.25.60'N                       123 deg.03.13'W
48 deg.23.20'N                       123 deg.00.20'W
48 deg.21.00'N                       122 deg.58.50'W
 

    (4) A traffic lane for northbound traffic that connects with 
precautionary area ``RA'', as described in paragraphs (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (c)(2) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.19.20'N                       122 deg.57.03'W
48 deg.13.35'N                       122 deg.50.63'W
 

    (5) A traffic lane for southbound traffic that connects with 
precautionary ``RA'', as described in paragraph (b)(2) of this section, 
and is located between the separation zone described in paragraph 
(c)(1) of this section and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.27.43'N                       123 deg.08.94'W
48 deg.25.17'N                       123 deg.04.98'W
48 deg.22.48'N                       123 deg.01.73'W
48 deg.20.47'N                       123 deg.00.20'W
 

    (6) A traffic lane for southbound traffic connecting with 
precautionary area ``RA'', as described in paragraphs (b)(2) of this 
section, and is located between the separation zone described in 
paragraph (c)(2) of this section and a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.18.52'N                       122 deg.58.50'W
48 deg.12.63'N                       122 deg.52.15'W
 

    (7) Precautionary area ``SA'', which is contained within a circle 
of radius 2 miles centered at geographical position 48 deg.11.45'N, 
122 deg.49.78'W.
    (d) In the north/south approach between precautionary areas ``RB'' 
and ``SA'', as described in paragraphs (b)(2) and (c)(7) of this 
section, respectively, the following are established:
    (1) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.24.15'N                       122 deg.44.08'W
48 deg.13.33'N                       122 deg.48.78'W
48 deg.13.38'N                       122 deg.49.15'W
48 deg.24.17'N                       122 deg.44.48'W
 

    (2) A traffic lane for northbound traffic located between the 
separation zone described in paragraph (d)(1) of this section and a 
line connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.24.08'N                       122 deg.43.38'W
48 deg.13.10'N                       122 deg.48.12'W
 


[[Page 54990]]

    (3) A traffic lane for southbound traffic located between the 
separation zone described in paragraph (d)(1) of this section and a 
line connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.24.15'N                       122 deg.45.27'W
48 deg.13.43'N                       122 deg.49.90'W
 

    (e) In the east/west approach between precautionary areas ``ND'' 
and ``SA'', as described in paragraphs (b)(8) and (c)(7) of this 
section, respectively, the following are established:
    (1) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.11.50'N                       122 deg.52.73'W
48 deg.11.73'N                       122 deg.52.70'W
48 deg.12.48'N                       123 deg.06.58'W
48 deg.12.23'N                       123 deg.06.58'W
 

    (2) A traffic lane for northbound traffic between the separation 
zone described in paragraph (e)(1) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.12.22'N                       122 deg.52.52'W
48 deg.12.98'N                       123 deg.06.58'W
 

    (3) A traffic lane for southbound traffic between the separation 
zone described in paragraph (e)(1) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.11.73'N                       123 deg.06.58'W
48 deg.10.98'N                       122 deg.52.65'W
 

Sec. 167.1323  In Puget Sound and its approaches: Puget Sound.

    The traffic separation scheme in Puget Sound consists of six 
separation zones and two traffic lanes connected by six precautionary 
areas. The following are established:
    (a) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.11.08'N                       122 deg.46.88'W
48 deg.06.85'N                       122 deg.39.52'W
48 deg.02.48'N                       122 deg.38.17'W
48 deg.02.43'N                       122 deg.38.52'W
48 deg.06.72'N                       122 deg.39.83'W
48 deg.10.82'N                       122 deg.46.98'W
 

    (b) Precautionary area ``SC'', which is contained within a circle 
of radius 0.62 miles centered at 48 deg.01.85'N, 122 deg.38.15'W.
    (c) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
48 deg.01.40'N                       122 deg.37.57'W
47 deg.57.95'N                       122 deg.34.67'W
47 deg.55.85'N                       122 deg.30.22'W
47 deg.55.67'N                       122 deg.30.40'W
47 deg.57.78'N                       122 deg.34.92'W
48 deg.01.28'N                       122 deg.37.87'W
 

    (d) Precautionary area ``SE'', which is contained within a circle 
of radius 0.62 miles centered at 47 deg.55.40'N, 122 deg.29.55'W.
    (e) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
47 deg.54.85'N                       122 deg.29.18'W
47 deg.46.52'N                       122 deg.26.30'W
47 deg.46.47'N                       122 deg.26.62'W
47 deg.54.80'N                       122 deg.29.53'W
 

    (f) Precautionary area ``SF'', which is contained within a circle 
of radius 0.62 miles centered at 47 deg.45.90'N, 122 deg.26.25'W.
    (g) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
47 deg.45.20'N                       122 deg.26.25'W
47 deg.40.27'N                       122 deg.27.55'W
47 deg.40.30'N                       122 deg.27.88'W
47 deg.45.33'N                       122 deg.26.60'W
 

    (h) Precautionary area ``SG'', the which is contained within a 
circle of radius 0.62 miles centered at 47 deg.39.68'N, 
122 deg.27.87'W.
    (i) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
47 deg.39.12'N                       122 deg.27.62'W
47 deg.35.18'N                       122 deg.27.08'W
47 deg.35.17'N                       122 deg.27.35'W
47 deg.39.08'N                       122 deg.27.97'W
 

    (j) Precautionary area ``T'', which is contained within a circle of 
radius 0.62 miles centered at 47 deg.34.55'N, 122 deg.27.07'W.
    (k) A separation zone bounded by a line connecting the following 
geographical positions:

 
              Latitude                            Longitude
 
47 deg.34.02'N                       122 deg.26.70'W
47 deg.26.92'N                       122 deg.24.10'W
47 deg.23.07'N                       122 deg.20.98'W
47 deg.19.78'N                       122 deg.26.58'W
47 deg.19.98'N                       122 deg.26.83'W
47 deg.23.15'N                       122 deg.21.45'W
47 deg.26.85'N                       122 deg.24.45'W
47 deg.33.95'N                       122 deg.27.03'W
 

    (l) Precautionary area ``TC'', which is contained within a circle 
of radius 0.62 miles centered at 47 deg.19.48'N, 122 deg.27.38'W.
    (m) A traffic lane for northbound traffic that connects with 
precautionary areas ``SC'', ``SE'', ``SF'', ``SG'', ``T'', and ``TC'', 
as described in paragraphs (b), (d), (f), (h), (j), and (k) of this 
section, respectively, and is located between the separation zones 
described in paragraphs (a), (c), (e), (g), (i), and (k) of this 
section, respectively, and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.11.72'N                       122 deg.46.83'W
48 deg.07.13'N                       122 deg.38.83'W
48 deg.02.10'N                       122 deg.37.32'W
47 deg.58.23'N                       122 deg.34.07'W
47 deg.55.83'N                       122 deg.28.80'W
47 deg.45.92'N                       122 deg.25.33'W
47 deg.39.68'N                       122 deg.26.95'W
47 deg.34.65'N                       122 deg.26.18'W
47 deg.27.13'N                       122 deg.23.40'W
47 deg.23.33'N                       122 deg.20.37'W
47 deg.22.67'N                       122 deg.20.53'W
47 deg.19.07'N                       122 deg.26.75'W
 

    (n) A traffic lane for southbound traffic that connects with 
precautionary areas ``SC'', ``SE'', ``SF'', ``SG'', ``T'', and ``TC'', 
as described in paragraphs (b), (d), (f), (h), (j), and (k) of this 
section, respectively, and is located between the separation zones 
described in paragraphs (a), (c), (e), (g), (i), and (k) of this 
section, respectively, and a line connecting the following geographical 
positions:

 
              Latitude                            Longitude
 
48 deg.10.15'N                       122 deg.47.58'W
48 deg.09.35'N                       122 deg.45.55'W
48 deg.06.45'N                       122 deg.40.52'W
48 deg.01.65'N                       122 deg.30.03'W
47 deg.57.47'N                       122 deg.35.45'W
47 deg.55.07'N                       122 deg.30.35'W
47 deg.45.90'N                       122 deg.27.18'W
47 deg.39.70'N                       122 deg.28.78'W
47 deg.34.47'N                       122 deg.27.98'W
47 deg.26.63'N                       122 deg.25.12'W
47 deg.23.25'N                       122 deg.22.42'W
47 deg.20.00'N                       122 deg.27.90'W
 

    5. Add Secs. 167.1330 through 167.1332 to read as follows:


Sec. 167.1330  In Haro Strait, Boundary Pass, and the Strait of 
Georgia: General.

    The traffic separation scheme in Haro Strait, Boundary Pass, and 
the Strait of Georgia consists of a series of traffic separation 
schemes, two-way routes, and five precautionary areas. These parts are 
described in Secs. 167.1331 and 167.1332. The geographic coordinates in

[[Page 54991]]

Sec. Sec. 167.1331 through 167.1332 are defined using North American 
Datum (NAD 83).


Sec. 167.1331  In Haro Strait and Boundary Pass.

    In Haro Strait and Boundary Pass, the following are established:
    (a) Precautionary area ``V'', which is bounded by a line connecting 
the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.21.83'N                       123 deg.25.56'W
48 deg.21.13'N                       123 deg.24.84'W
48 deg.20.95'N                       123 deg.24.24'W
48 deg.20.93'N                       123 deg.23.22'W
48 deg.21.67'N                       123 deg.21.12'W
48 deg.22.12'N                       123 deg.21.12'W
48 deg.22.37'N                       123 deg.21.12'W
48 deg.22.85'N                       123 deg.21.24'W
48 deg.23.71'N                       123 deg.23.88'W
48 deg.21.83'N                       123 deg.25.56'W
 

    (b) A separation zone that connects with precautionary area ``V'', 
as described in paragraph (a) of this section and is bounded by a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.22.37'N                       123 deg.21.12'W
48 deg.22.39'N                       123 deg.18.36'W
48 deg.23.90'N                       123 deg.12.78'W
48 deg.23.63'N                       123 deg.12.78'W
48 deg.22.15'N                       123 deg.18.30'W
48 deg.22.12'N                       123 deg.21.12'W
 

    (c) A traffic lane for eastbound traffic located between the 
separation zone described in paragraph (b) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.21.67'N                       123 deg.21.12'W
48 deg.21.73'N                       123 deg.18.36'W
48 deg.23.84'N                       123 deg.10.08'W
 

    (d) A traffic lane for westbound traffic located between the 
separation zone described in paragraph (b) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.22.85'N                       123 deg.21.24'W
48 deg.22.87'N                       123 deg.18.42'W
48 deg.24.28'N                       123 deg.13.02'W
48 deg.24.78'N                       123 deg.12.42'W
 

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

 
              Latitude                            Longitude
 
48 deg.24.72'N                       123 deg.11.40'W
48 deg.28.81'N                       123 deg.11.46'W
48 deg.28.37'N                       123 deg.10.68'W
48 deg.27.17'N                       123 deg.10.26'W
48 deg.24.95'N                       123 deg.10.68'W
 

    (f) A traffic lane for northbound traffic located between the 
separation zone described in paragraph (e) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.23.84'N                       123 deg.10.08'W
48 deg.27.43'N                       123 deg.08.94'W
 

    (g) A traffic lane for southbound traffic located between the 
separation zone described in paragraph (e) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.28.79'N                       123 deg.12.77'W
48 deg.24.78'N                       123 deg.12.42'W
 

    (h) Precautionary area ``HS'', which is bounded by a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.28.79'N                       123 deg.12.77'W
48 deg.31.73'N                       123 deg.13.02'W
48 deg.31.03'N                       123 deg.11.22'W
48 deg.29.45'N                       123 deg.09.42'W
48 deg.28.15'N                       123 deg.07.31'W
48 deg.27.79'N                       123 deg.07.80'W
48 deg.27.58'N                       123 deg.08.10'W
48 deg.27.43'N                       123 deg.08.94'W
48 deg.28.37'N                       123 deg.10.68'W
48 deg.28.81'N                       123 deg.11.46'W
48 deg.28.79'N                       123 deg.12.77'W
 

    (i) A two-way route between the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.31.03'N                       123 deg.11.22'W
48 deg.35.18'N                       123 deg.12.78'W
48 deg.38.37'N                       123 deg.12.36'W
48 deg.39.20'N                       123 deg.13.09'W
48 deg.39.41'N                       123 deg.16.06'W
48 deg.31.73'N                       123 deg.13.02'W
 

    (j) Precautionary area ``TP'', bounded as follows:
    (1) To the north by the arc of a circle of radius 2.1 miles 
centered at geographical position 48 deg.41.3'N, 123 deg.14.2'W (Turn 
Point Light) and connecting the following positions:

 
              Latitude                            Longitude
 
48 deg.43.04'N                       123 deg.16.06'W
48 deg.43.15'N                       123 deg.12.75'W
48 deg.42.23'N                       123 deg.11.35'W
48 deg.40.93'N                       123 deg.11.01'W
 

    (2) To the south by the arc of a circle of radius 2.1 miles 
centered at geographical position 48 deg. 41.3'N, 123 deg.14.2'W (Turn 
Point Light) and connecting the following points:

 
              Latitude                            Longitude
 
48 deg.39.76'N                       123 deg.11.84'W
48 deg.39.20'N                       123 deg.13.09'W
48 deg.39.41'N                       123 deg.16.06'W
 

    (3) To the west by a direct line connecting the following points:

 
              Latitude                            Longitude
 
48 deg.39.41'N                       123 deg.16.06'W
48 deg.43.04'N                       123 deg.16.06'W
 

    (k) A two-way route between the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.43.15'N                       123 deg.12.75'W
48 deg.46.43'N                       123 deg.03.12'W
48 deg.48.19'N                       123 deg.00.84'W
48 deg.47.78'N                       122 deg.59.12'W
48 deg.45.51'N                       123 deg.01.82'W
48 deg.42.23'N                       123 deg.11.35'W
 

Sec. 167.1332  In the Strait of Georgia.

    In the Strait of Georgia, the following are established:
    (a) Precautionary area ``GS'', which is bounded by a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.52.30'N                       123 deg.07.44'W
48 deg.54.81'N                       123 deg.03.66'W
48 deg.49.49'N                       122 deg.54.24'W
48 deg.47.93'N                       122 deg.57.12'W
48 deg.47.78'N                       122 deg.59.12'W
48 deg.48.19'N                       123 deg.00.84'W
48 deg.52.30'N                       123 deg.07.44'W
 

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

 
              Latitude                            Longitude
 
48 deg.53.89'N                       123 deg.05.04'W
48 deg.56.82'N                       123 deg.10.08'W
48 deg.56.30'N                       123 deg.10.80'W
48 deg.53.39'N                       123 deg.05.70'W
 

    (c) A traffic lane for north-westbound traffic located between the 
separation zone described in paragraph (b) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.54.81'N                       123 deg.03.66'W
48 deg.57.68'N                       123 deg.08.76'W
 

    (d) A traffic lane for south-eastbound traffic between the 
separation zone described in paragraph (b) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.55.34'N                       123 deg.12.30'W
48 deg.52.30'N                       123 deg.07.44'W
 


[[Page 54992]]

    (e) Precautionary area ``PR'', which is bounded by a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
48 deg.55.34'N                       123 deg.12.30'W
48 deg.57.68'N                       123 deg.08.76'W
49 deg.00.37'N                       123 deg.13.32'W
48 deg.58.18'N                       123 deg.16.74'W
 

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

 
              Latitude                            Longitude
 
48 deg.59.53'N                       123 deg.14.66'W
49 deg.03.80'N                       123 deg.21.24'W
49 deg.03.14'N                       123 deg.22.26'W
48 deg.58.90'N                       123 deg.15.63'W
 

    (g) A traffic lane for north-westbound traffic located between the 
separation zone described in paragraph (f) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
49 deg.00.37'N                       123 deg.13.32'W
49 deg.04.52'N                       123 deg.20.04'W
 

    (h) A traffic lane for south-eastbound traffic between the 
separation zone described in paragraph (f) of this section and a line 
connecting the following geographical positions:

 
              Latitude                            Longitude
 
49 deg.02.51'N                       123 deg.23.76'W
48 deg.58.18'N                       123 deg.16.74'W
 


    Dated: July 5, 2002
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 02-21785 Filed 8-26-02; 8:45 am]
BILLING CODE 4910-15-P