95-11303. Federal Pilotage Requirement for Foreign Trade Vessels  

  • [Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
    [Rules and Regulations]
    [Pages 24793-24797]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-11303]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    46 CFR Part 15
    
    [CGD 92-061]
    RIN-2115-AE28
    
    
    Federal Pilotage Requirement for Foreign Trade Vessels
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Coast Guard is amending the regulations to require Federal 
    pilots for foreign trade vessels: Navigating certain offshore marine 
    oil terminals located within the U.S. navigable waters of the States of 
    California and Hawaii; making intra-port transits within certain 
    designated waters in the States of New York and New Jersey; and 
    transiting certain designated waters of the State of Massachusetts. 
    This action is necessary to ensure that vessels are navigated by 
    competent, qualified individuals, who are knowledgeable of the local 
    area. The Coast Guard believes this requirement will promote 
    navigational safety, increase the level of accountability, and reduce 
    the risk of an accident and the discharge of oil or other hazardous 
    substances into these waters.
    
    EFFECTIVE DATE: The final rule is effective on June 9, 1995.
    
    ADDRESSES: Unless otherwise indicated, documents referenced in this 
    preamble are available for inspection or copying at the office of the 
    Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
    Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
    20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except 
    Federal holidays. The telephone number is (202) 267-1477.
    
    FOR FURTHER INFORMATION CONTACT: Mr. John R. Bennett, Merchant Vessel 
    Personnel Division (G-MVP/12), Room 1210, U.S. Coast Guard 
    Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, 
    telephone (202) 267-6102.
    
    SUPPLEMENTARY INFORMATION:
    
        Drafting Information: The principal persons involved in drafting 
    this rule are Mr. John R. Bennett, Project Manager, Office of Marine 
    Safety, Security and Environmental Protection, and Mr. Nicholas 
    Grasselli, Project Counsel, Office of Chief Counsel.
    
    Regulatory History
    
        On July 9, 1993, the Coast Guard published a notice of proposed 
    rulemaking (NPRM) entitled ``Federal Pilotage Requirement for Foreign 
    Trade Vessels'' in the Federal Register (58 FR 36914). This NPRM 
    proposed areas in waters of the States of California, Hawaii, New York, 
    New Jersey, and Massachusetts where a vessel engaged in foreign 
    commerce would be required to use a Federally licensed first class 
    pilot. The Coast Guard received seventy-five letters in response to the 
    NPRM. The majority of these letters addressed the proposed pilotage 
    requirements for New York and New Jersey.
    
    Background and Purpose
    
        The principal reason for this rulemaking is to enhance the safety 
    of vessels performing difficult mooring maneuvers, or transiting 
    congested or restricted waters. As noted in the NPRM, State laws do not 
    require use of a pilot in the areas covered by this rule. Under 46 
    U.S.C. 8503, the Coast Guard may prescribe pilotage regulations in 
    waters not subject to State pilotage requirements.
    
    Discussion of Comments and Changes
    
    A. Summary
    
        Seventy nine comments were received. Many comments stated that this 
    rulemaking was unnecessary because most of the vessels affected by this 
    rulemaking are piloted by individuals who hold State and Federal 
    pilot's licenses. While it is true that many vessels affected by this 
    rule are piloted by individuals who hold State and Federal pilot's 
    licenses, it is not always clear whether these individuals are 
    operating under their State or Federal pilot's license. For 
    clarification and disciplinary purposes, the Coast Guard needs: (1) To 
    verify that certain vessels operating in certain waters are being 
    piloted by an individual holding a pilot's license; and (2) to ensure 
    that the pilot is operating under the authority of only one pilot's 
    license.
        There have been several marine casualties involving pilots holding 
    both State and Federal licenses. In cases where the individual was 
    operating under the authority of a State license the Coast Guard could 
    not take disciplinary action. This rulemaking will help to ensure that 
    all foreign trade vessels operating in the areas described in this 
    rulemaking are required to be under the direction and control of a 
    Federally licensed pilot who is knowledgeable of the local navigational 
    hazards and operating conditions, and who can be held accountable for 
    his or her actions in the event of a casualty.
        Several comments requested a public hearing. However, it is the 
    Coast Guard's belief that holding a public hearing would not result in 
    additional or different information than was provided in the comments. 
    Therefore, the Coast Guard decided not to hold a public hearing.
    
    B. California
    
        Six comments supported this section of the rulemaking based on the 
    belief that the Coast Guard needs to be able to improve its oversight 
    of pilotage and ensure the pilot has local knowledge of the pilotage 
    area.
        Two comments opposed this section of the rulemaking because of 
    possible Federalism implications. They noted that the California State 
    Lands Commission (the Commission) already has a regulation that 
    addresses pilotage requirements at offshore terminals. The Commission's 
    regulation requires a mooring master who holds a valid U.S. Coast Guard 
    license as a master or mate, [[Page 24794]] with an endorsement as 
    first class pilot for the area where the terminal is located. The 
    mooring master must be on board vessels or barges during mooring and 
    unmooring operations at an offshore terminal. The Coast Guard 
    questioned the Commission concerning the intent of its regulation. The 
    Commission stated that it has the authority to regulate the operations 
    of offshore marine oil terminals in the safest manner possible. 
    However, though it developed the mooring master requirements for 
    offshore terminals, it did not intend that this action would establish 
    a state pilotage requirement. The Commission further stated that it has 
    no authority to assess penalties or take action against an individual's 
    license. The Coast Guard also determined that the Commission's 
    regulation does not apply to foreign trade vessels. Therefore, the 
    Coast Guard concluded that this portion of the rulemaking had no 
    Federalism implications.
        In response to the NPRM, the Commander, Eleventh Coast Guard 
    District recommended that the size of certain Federal pilotage areas 
    described in this section of the rulemaking be reduced and that San 
    Luis Obispo and Estero Bay be separated into two distinct pilotage 
    areas. Both recommendations were considered prudent and reasonable, and 
    have been adopted.
    
    C. Hawaii
    
        Four comments supported this section of the rulemaking stating that 
    the Coast Guard needs to improve its oversight of pilotage in this 
    region.
        One comment opposed this section of the rulemaking stating that a 
    Federal pilotage requirement is unnecessary because vessels using a 
    single point mooring buoy already have a mooring master on board who is 
    ``highly trained and familiar with the operation.'' While most vessels 
    calling at the two offshore marine oil terminals in the State of Hawaii 
    use a pilot to perform docking and undocking maneuvers, this is done 
    voluntarily. There is no State requirement to use a pilot for these 
    maneuvers.
    
    D. New York and New Jersey
    
        Eight comments supported this section of the rulemaking stating 
    that the Coast Guard needs to improve its accountability over pilots in 
    this and other areas. One comment in support also quoted the 1991 
    report from New York State Governor Cuomo's Task Force on Coastal 
    Resources which specifically recommended that pilots be held 
    accountable by the Federal or State agency which issues pilot's 
    licenses. The comments also recognized the need to make pilotage of 
    foreign trade vessels compulsory, stating that neither the States of 
    New York nor New Jersey has a law or regulation in effect which would 
    require a State pilot to be on board these foreign trade vessels when 
    making an intra-port transit.
        Three other comments in support of this section of the rulemaking 
    cited the court case of Baezler v. Mobil Oil Corporation, 375 F.Supp. 
    1220, dated November 30, 1973. In this case, the District Court ruled 
    that movements from New York harbor to Arthur Kill across Sandy Hook 
    Bar did not amount to entering or departing from the Port of New York 
    within New York or New Jersey compulsory pilotage statutes. This meant 
    that vessels making this type of movement, which is defined as an 
    intra-port transit in this rulemaking, were not required to take a 
    State licensed Sandy Hook pilot.
        One comment suggested that the definition used to describe the term 
    ``intra-port transit'' should be expanded to include reference to the 
    movement of a vessel ``from an anchorage to an anchorage.'' The Coast 
    Guard agrees with this and has made the recommended change.
        One comment addressed the rulemaking's effect on small entities 
    such as shipping companies and pilots, and indicated that the rule 
    would have little impact on small entities. The comment supported the 
    Coast Guard's position that vessels routinely use the services of a 
    pilot during intra-port transits.
        Fifty comments opposed this section of the rulemaking. Thirty-one 
    of these comments were from individuals who are current or past members 
    of the New York or New Jersey Sandy Hook Pilots Association. There were 
    six general reasons given in opposition to this section of the 
    rulemaking.
        First, some comments questioned whether navigational safety would 
    be enhanced by this rulemaking. The Coast Guard believes this 
    rulemaking will enhance navigational safety because it will require 
    pilots where none were required before, and it will raise the level of 
    accountability for pilots involved in marine accidents.
        Second, some comments stated that State pilots are more competent 
    than Federal pilots. The comments were made that an individual seeking 
    to become a Sandy Hook pilot is required to complete nearly seven and 
    one-half years of training with the Sandy Hook Pilots Association prior 
    to being issued a full branch State pilot's license. Several comments 
    also referred to the Coast Guard's ``Report of the Pilotage Study 
    Group'' dated September 15, 1989. In this report, an assumption was 
    made that a State license was indicative of greater training, 
    education, and testing periods. This study is available for inspection 
    or copying at the office listed under ADDRESSES.
        In response to these comments, it should be noted that the Coast 
    Guard completed a study in January, 1993 which compared marine 
    casualties involving pilots operating under the authority of a Federal 
    license with pilots operating under the authority of a State license. 
    The study concluded that a pilot operating under the authority of a 
    Federal license is no more likely to be involved in a marine casualty 
    than a pilot operating under the authority of a State license. This 
    study is available for inspection or copying at the office listed under 
    ADDRESSES. Additionally, though the Coast Guard believes that Federal 
    pilots are as competent as State pilots, this rulemaking will help to 
    ensure that all foreign trade vessels use a Federally licensed pilot in 
    the areas described where no State pilotage requirement is in effect.
        Third, some comments believed that it is unsafe if a State pilot 
    does not conn the vessel during intra-port transits. The Coast Guard is 
    concerned with the safe navigation of vessels but notes that there is 
    no Federal or State regulation which would require a State pilot to be 
    aboard a foreign trade vessel making an intra-port transit. 
    Consequently, this rulemaking will enhance navigational safety by 
    requiring all foreign trade vessels to use a Federally licensed pilot 
    during an intra-port transit in these waters.
        Fourth, some comments argued that the Coast Guard should establish 
    minimum clearance standards for a vessel's keel-to-bottom, and mast-to-
    overhead structure. The comment cited this approach as a better way to 
    promote safety, accountability, and responsibility by limiting shipping 
    companies from putting pressure on captains and pilots to get the 
    vessel to or from the dock regardless of the circumstances. The Coast 
    Guard believes that this proposal may be beneficial as an additional 
    requirement, but it is not the subject of this rulemaking and should 
    not be adopted as an alternative to requiring that those vessels making 
    an intra-port transit have a licensed pilot on board. The Coast Guard 
    believes this rulemaking will promote navigational safety, increase the 
    level of accountability and reduce the risk of an accident and the 
    discharge of oil or other hazardous substances by ensuring that vessels 
    are navigated by competent, [[Page 24795]] qualified individuals, who 
    are knowledgeable of the local area.
        Fifth, some comments questioned the effect of this rulemaking on 
    small entities. Several comments expressed a concern that the Coast 
    Guard was trying to inflict economic hardship on the New York and New 
    Jersey Sandy Hook Pilots Association and that this rulemaking would 
    allow holders of a Federal pilot's license to ``come out of the 
    woodwork'' and obtain contracts with companies which would effectively 
    decrease the earnings of all members of the New York and New Jersey 
    Sandy Hook Pilots Association. As indicated in the rulemaking, the 
    Coast Guard is concerned with promoting navigational safety and does 
    not believe this rulemaking will have a significant economic impact on 
    a substantial number of small entities such as these pilots or shipping 
    companies. Additionally, the Coat Guard notes that a State-licensed 
    pilot may obtain a Federal license, and many pilots hold both licenses.
        Sixth, forty-four comments questioned the Federalism implications 
    of the rulemaking on New York and New Jersey. The comments stated that 
    the laws of New York or New Jersey already cover some or all of the 
    areas where a Federal pilotage requirement for foreign trade vessels 
    making an intra-port transit was being proposed. The Coast Guard 
    reviewed the existing pilotage regulations of the States of New York 
    and New Jersey, and does not believe that the laws of either State 
    require a pilot to be aboard a foreign trade vessel for the areas 
    indicated.
        Several comments also suggested that the Coast Guard delay 
    implementation of the final rule citing legislative action being 
    undertaken by the States of New York and New Jersey to close gaps in 
    pilotage regarding intra-port transits. The Coast Guard delayed this 
    rulemaking to provide the States of New York and New Jersey the 
    opportunity to close these loopholes. If either State enacts 
    legislation to require the use of a pilot for foreign trade vessels on 
    intra-port transits for the areas indicated, and notifies the Secretary 
    of that fact, the Coast Guard will withdraw its regulation for that 
    region.
    
    E. Cape Cod Canal
    
        Seven comments were in favor of this section of the rulemaking.
        One comment provided conditional support for the rulemaking. This 
    conditional support requested that the Coast Guard delay its rulemaking 
    and support a legislative effort by the State of Massachusetts that 
    would satisfy the Coast Guard's concern. The Coast Guard reviewed the 
    proposed legislation, and determined that this legislation would not 
    require a State pilot to be on board foreign trade vessels in transit 
    through the waters designated in the rulemaking. Therefore, this 
    section of the rulemaking has been retained in the final rule.
    
    Regulatory Evaluation
    
        This final rule is not a significant regulatory action under 
    section 3(f) of Executive Order 12866 and does not require an 
    assessment of potential costs and benefits under section 6(a)(3) of 
    that order. It has not been reviewed 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 (DOT) (44 
    FR 11040; February 26, 1979). The Coast Guard expects the economic 
    impact of this proposal to be so minimal that a full Regulatory 
    Evaluation under paragraph 10(e) of the regulatory policies and 
    procedures of DOT is unnecessary. The Coast Guard expects the economic 
    impact of this rule to be minimal because this rule adopts practices 
    that are already being followed by most of the industry.
    
    Small Entities
    
        The only comments regarding the rulemaking's potential negative 
    effect on small entities were made in reference to that section 
    concerned with intra-port transits in the States of New York and New 
    Jersey. The comments were reviewed, but the Coast Guard does not 
    believe that this rulemaking will have a significant effect on the 
    small entities referred to in this case, which would include shipping 
    companies and certain pilot associations which may qualify as small 
    entities. Therefore, because it expects the economic impact of this 
    final rule to be minimal, the Coast Guard certifies under section 
    605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
    this final rule will not have a significant economic impact on a 
    substantial number of small entities.
    
    Collection of Information
    
        This rule contains no collection-of-information requirements under 
    the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Federalism
    
        Congress specifically provided, under 46 U.S.C. 8503(a), that the 
    Federal Government may require a Federally licensed pilot when a pilot 
    is not required by State law. The States of California, Hawaii, New 
    York and New Jersey, and Massachusetts do not have a requirement for a 
    State pilot in the areas covered by this rule. Therefore, the Federal 
    Government may act to require a Federally licensed pilot. However, 
    under 46 U.S.C. 8503(b), the Federal government's authority to require 
    pilots is only effective until the State having jurisdiction 
    establishes a superseding requirement for a pilot, and notifies the 
    Coast Guard of that fact. Since this action is intended to require the 
    use of Federal pilots in instances where State pilots are not required, 
    the Coast Guard does not believe that the preparation of a Federalism 
    Assessment is warranted.
        If the States of California, Hawaii, New York and New Jersey, or 
    Massachusetts adopt superseding legislation requiring State pilots for 
    foreign vessels and U.S. vessels sailing on registry, the Coast Guard 
    would be required to withdraw the respective requirement for a 
    Federally licensed pilot. Thus, the States of California, Hawaii, New 
    York and New Jersey, or Massachusetts could preempt this rule, if these 
    States were to adopt a law consistent with the requirements adopted in 
    this rule. Under these circumstances, the Coast Guard would revise its 
    regulations.
    
    Environment
    
        The Coast Guard considered the environmental impact of this rule 
    and concluded that under section 2.B.2. of Commandant Instruction 
    M16475.1B, this rule is categorically excluded from further 
    environmental documentation. The Coast Guard believes that most 
    individuals presently providing pilotage services to foreign trade 
    vessels calling at the eight sites in California and two sites in 
    Hawaii, and making intra-port transits within certain designated waters 
    of New York and New Jersey, and transiting, but not bound to or 
    departing from a port, within certain designated waters of 
    Massachusetts will continue to provide pilotage services because most 
    individuals already hold a Federal first class pilot's license for 
    those waters. Therefore, this rule will permit affected vessels to 
    continue to operate according to current industry practice. The Coast 
    Guard also recognizes that this rule may have a positive effect on the 
    environment by minimizing the risk of environmental harm resulting from 
    collisions and groundings of vessels. However, this impact is not 
    expected to be significant enough to warrant further documentation. A 
    Categorical Exclusion Determination is available in the docket for 
    inspection or copying where indicated under ADDRESSES.
    
    List of Subjects in 46 CFR Part 15
    
         Reporting and recordkeeping requirements, Seamen, Vessels.
    
         [[Page 24796]] For the reasons set out in the preamble, the Coast 
    Guard amends 46 CFR Part 15 as follows:
    PART 15--MANNING REQUIREMENTS
        1. The authority citation for Part 15 is revised to read as 
    follows:
    
        Authority: 46 U.S.C. 3703, 8105; 49 CFR 1.46.
    
        2. Subpart I, consisting of Secs. 15.1001 through 15.1040, is added 
    to read as follows:
    Subpart I--Vessels in Foreign Trade
    
    Sec.
    15.1001  General.
    15.1010  California.
    15.1020  Hawaii.
    15.1030  New York and New Jersey.
    15.1040  Massachusetts.
    Subpart I--Vessels in Foreign Trade
    Sec. 15.1001  General.
        Self-propelled vessels engaged in foreign commerce are required to 
    use a pilot holding an appropriately endorsed Federal first class 
    pilot's license issued by the Coast Guard when operating in the 
    navigable waters of the United States specified in this subpart.
    Sec. 15.1010  California.
        The following offshore marine oil terminals located within U.S. 
    navigable waters of the State of California:
        (a) Carlsbad, CA. The waters including the San Diego Gas and 
    Electric, Encina Power Plant, lying within an area bounded by a line 
    beginning at latitude 33 deg.10'06''N, longitude 117 deg.21'42''W, 
    thence southwesterly to latitude 33 deg.08'54''N, longitude 
    117 deg.24'36''W, thence southwesterly to latitude 33 deg.04'30''N, 
    longitude 117 deg.21'42''W, thence northeasterly to latitude 
    33 deg.05'36''N, longitude 117 deg.18'54''W, thence northwesterly along 
    the shoreline to latitude 33 deg.10'06''N, longitude 117 deg.21'42''W.
        (b) Huntington Beach, CA. The waters including the Golden West 
    Refining Company, Huntington Beach Marine Terminal, lying within an 
    area bounded by a line beginning at latitude 33 deg.39'06''N, longitude 
    118 deg.00'0''W, thence westerly to latitude 33 deg.39'18''N, longitude 
    118 deg.05'12''W, thence southeasterly along a line drawn three 
    nautical miles from the baseline to latitude 33 deg.35'30''N, longitude 
    118 deg.00'00''W, thence easterly to latitude 33 deg.35'30''N, 
    longitude 117 deg.52'30''W, thence northwesterly along the shoreline to 
    latitude 33 deg.39'06''N, longitude 118 deg.00'00''W.
        (c) El Segundo, CA. The waters including the Chevron USA, El 
    Segundo Marine Terminal, lying within an area bounded by a line 
    beginning at latitude 33 deg.56'18''N, longitude 118 deg.26'18''W, 
    thence westerly to latitude 33 deg.56'18''N, longitude 
    118 deg.30'48##W, thence southeasterly along a line drawn three 
    nautical miles from the baseline to latitude 33 deg.51'48''N, longitude 
    118 deg.27'54''W, thence easterly to latitude 33 deg.51'48''N, 
    longitude 118 deg.24'00''W, thence northwesterly along the shoreline to 
    latitude 33 deg.56'18''N, longitude 118 deg.26'18''W.
        (d) Oxnard, CA. The waters including the Southern California Edison 
    Company, Mandalay Generating Station, lying within an area bounded by a 
    line beginning at latitude 34 deg.14'12''N, longitude 119 deg.16'00''W, 
    thence westerly to latitude 34 deg.14'12''N, longitude 
    119 deg.19'36''W, thence southeasterly along a line drawn three 
    nautical miles from the baseline to latitude 34 deg.09'24''N, longitude 
    119 deg.17'20''W, thence easterly to latitude 34 deg.09'24''N, 
    longitude 119 deg.13'24''W, thence northwesterly along the shoreline to 
    latitude 34 deg.14'24''N, longitude 119 deg.16'00''W.
        (e) Goleta, CA. The waters including the ARCO, Ellwood Marine 
    Terminal, lying within an area bounded by a line beginning at latitude 
    34 deg.26'12''N, longitude 119 deg.57'00''W, thence southerly to 
    latitude 34 deg.22'48''N, longitude 119 deg.57'00''W, thence 
    southeasterly along a line drawn three nautical miles from the baseline 
    to latitude 34 deg.21'06''N, longitude 119 deg.50'30.5''W, thence 
    northerly to latitude 34 deg.24'18''N, longitude 119 deg.50'30''W, 
    thence northwesterly along the shoreline to latitude 34 deg.26'12''N, 
    longitude 119 deg.57'00''W.
         (f) Gaviota, CA. The waters including the Texaco Trading and 
    Transportation, Gaviota Marine Terminal, lying within an area bounded 
    by a line beginning at latitude 34 deg.28'06''N, longitude 
    120 deg.16'00''W, thence southerly to latitude 34 deg.25'06''N, 
    longitude 120 deg.16'00''W, thence easterly along a line drawn three 
    nautical miles from the baseline to latitude 34 deg.25'24''N, longitude 
    120 deg.08'30''W, thence northerly to latitude 34 deg.28'24''N, 
    longitude 120 deg.08'30''W, thence westerly along the shoreline to 
    latitude 34 deg.28'06''N, longitude 120 deg.16'00''W.
        (g) Moss Landing, CA. The waters including the Pacific Gas and 
    Electric Company Power Plant, lying within an area bounded by a line 
    beginning at latitude 36 deg.49'00''N, longitude 121 deg.47'42''W, 
    thence westerly to latitude 36 deg.49'00''N, longitude 
    121 deg.51'00''W, thence southerly to latitude 36 deg.47'00''N, 
    longitude 121 deg.51'00''W thence easterly to latitude 36 deg.47'00''N, 
    longitude 121 deg.47'54''W, thence northerly along the shoreline to 
    latitude 36 deg.49'00''N, longitude 121 deg.47'42''W.
        (h) Estero Bay, CA. The waters including various moorings, 
    including the Pacific Gas and Electric Company mooring and the two 
    Chevron Oil Company Terminals lying within an area bounded by a line 
    beginning at latitude 36 deg.25'00''N, longitude 120 deg.52'30''W, 
    thence westerly to latitude 36 deg.25'00''N, longitude 
    120 deg.56'00''W, thence southerly to latitude 36 deg.22'00''N, 
    longitude 120 deg.56'00''W, thence easterly to latitude 
    36 deg.22'00''N, longitude 120 deg.52'12''W, thence northerly along the 
    shoreline to latitude 36 deg.25'00''N, longitude 120 deg.52'30''W.
        (i) San Luis Obispo Bay, CA. The waters including the Unocal 
    Corporation Avila Terminal and the approaches thereto, lying in an area 
    bounded by a line beginning at latitude 35 deg.09'42''N, longitude 
    120 deg.46'00''W, thence southerly to latitude 35 deg.07'00''N, 
    longitude 120 deg.46'00''W, thence easterly to latitude 
    35 deg.07'00''N, longitude 120 deg.43'00''W, thence northerly to 
    latitude 35 deg.10'24''N, longitude 120 deg.43'00''W, thence westerly 
    along the shoreline to latitude 35 deg.09'42''N, longitude 
    120 deg.46'00''W.
    
    
    Sec. 15.1020  Hawaii.
    
        The following offshore marine oil terminals located within U.S. 
    navigable waters of the State of Hawaii: Barbers Point, Island of Oahu. 
    The waters including the Hawaiian Independent Refinery, Inc. and the 
    Chevron moorings lying within an area bounded by a line bearing 180 
    degrees true from Barbers Point Light to latitude 21 deg.14.8'N, 
    longitude 158 deg.06.4'W, thence easterly to latitude 21 deg.14.8'N, 
    longitude 158 deg.03.3'W, thence northeasterly to latitude 
    21 deg.15.6'N, longitude 158 deg.01.1'W, thence northwesterly to 
    latitude 21 deg.18.5'N, longitude 158 deg.02.0'W, thence westerly along 
    the shoreline to latitude 21 deg.17.8'N, longitude 158 deg.06.4'W.
    
    
    Sec. 15.1030  New York and New Jersey.
    
        The following U.S. navigable waters located within the States of 
    New York and New Jersey when the vessel is making an intra-port 
    transit, to include, but not limited to, a movement from a dock to a 
    dock, from a dock to an anchorage, from an anchorage to a dock, or from 
    an anchorage to an anchorage, within the following listed operating 
    areas:
        (a) East River from Execution Rocks to New York Harbor, Upper Bay;
        (b) Hudson River from Yonkers, New York to New York Harbor, Upper 
    Bay; [[Page 24797]] 
        (c) Raritan River from Grossman Dock/Arsenal to New York Harbor, 
    Lower Bay;
        (d) Arthur Kill Channel;
        (e) Kill Van Kull Channel;
        (f) Newark Bay;
        (g) Passaic River from Point No Point to Newark Bay;
        (h) Hackensack River from the turning basin to Newark Bay; and
        (i) New York Harbor, Upper and Lower Bay.
    
    
    Sec. 15.1040  Massachusetts.
    
        The following U.S. navigable waters located within the State of 
    Massachusetts when the vessel is in transit, but not bound to or 
    departing from a port within the following listed operating areas:
        (a) Cape Cod Bay south of latitude 41 deg.48'54''N;
        (b) The Cape Cod Canal; and
        (c) Buzzards Bay east of a line extending from the southernmost 
    point of Wilbur Point (latitude 41 deg.34'55''N longitude 
    70 deg.51'15##W) to the easternmost point of Pasque Island (latitude 
    41 deg.26'55''N longitude 70 deg.50'30''W).
    
         Dated: April 24, 1995.
    G.N. Naccara,
    Acting Chief, Office of Marine Safety, Security and Environmental 
    Protection.
    [FR Doc. 95-11303 Filed 5-9-95; 8:45 am]
    BILLING CODE 4910-14-P
    
    

Document Information

Effective Date:
6/9/1995
Published:
05/10/1995
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-11303
Dates:
The final rule is effective on June 9, 1995.
Pages:
24793-24797 (5 pages)
Docket Numbers:
CGD 92-061
PDF File:
95-11303.pdf
CFR: (5)
46 CFR 15.1001
46 CFR 15.1010
46 CFR 15.1020
46 CFR 15.1030
46 CFR 15.1040