[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25576-25578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12254]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 167
[CGD 97-004]
RIN 2115-AF42
Traffic Separation Scheme in the Approaches to Delaware Bay
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the traffic separation
scheme (TSS) in the approaches to Delaware Bay by shifting the Eastern
approach lanes southward; establishing a two-way route for use by tug
and tow traffic; and reconfiguring the precautionary area to exclude
shoal areas too shallow for deep draft vessels. Navigation safety,
economic, and environmental considerations necessitate action to
separate large inbound vessels from tug and barge traffic transiting
easterly and northerly along traditional New Jersey coastal routes. The
proposed reconfiguration will reduce frequent near misses and the
probability of an incident which could result in a major chemical or
petroleum oil spill.
DATES: Comments must be received on or before August 7, 1997.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 97-004), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to
[[Page 25577]]
room 3406 at the same address between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays. The telephone number is (202)
267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Margie G. Hegy, Project Manager,
Office of Vessel Traffic Management at (202) 267-0415.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 97-004) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The 1978 amendments to the Posts and Waterways Safety Act (PWSA),
33 U.S.C. 1223(c), require that a port access route study be conducted
prior to establishing or adjusting a traffic separation scheme (TSS). A
TSS is an internationally recognized routing measure intended to
minimize the risk of collision by separating vessels into opposing
streams of traffic through the establishment of traffic lanes. To be
internationally recognized, a TSS must be approved by the International
Maritime Organization (IMO). IMO approves a TSS only if the proposed
routing system complies with IMO principles and guidelines on ships
routing. Rule 10 of the International Regulations for Preventing
Collisions at Sea, 1972 (COLREG 1972), prescribes the conduct of
vessels within or near a TSS adopted by IMO.
The Coast Guard conducted a study of the TSS in the Approaches to
Delaware Bay which was announced in the Federal Register on March 22,
1994 (59 FR 14126). The notice of study results for the Approaches to
Delaware Bay was published in the Federal Register on September 22,
1995 (60 FR 49237).
The existing TSS, adopted by the Inter-Governmental Maritime
Consultative Organization (as the IMO was formerly known) on October
28, 1969, is published in the IMO publication Ships' Routing (B-IX/6-
1). A change to the southeastern approach lanes was implemented on
March 15, 1976. The TSS off Delaware Bay consists of an Eastern
approach, a South-eastern approach, and a precautionary area. The
Eastern approach consists of a westbound traffic lane and an eastbound
traffic lane divided by a separation zone. The Southeastern approach
consists of a northwesterly traffic lane and a southeasterly traffic
lane divided by a separation zone. The precautionary area consists of
an eight mile radius centered upon Harbor of Refuge light.
The study showed that navigation safety, economic, and
environmental considerations necessitate establishment of a TSS to
better separate large inbound vessels from tug and barge traffic
transiting easterly and northerly along their traditional New Jersey
coastal route. In the current configuration near misses occur much too
frequently. The probability of a major chemical or petroleum oil spill
is much too great to ignore. Therefore, the Coast Guard is proposing to
adjust the Eastern Approach TSS, establish a Two-Way Traffic Route for
tug and barge traffic entering and departing Delaware Bay, and
reconfigure the precautionary area. The proposed changes have already
been adopted by IMO, and barring any changes resulting from this
rulemaking, will be implemented in June 1997.
Discussion of Proposed Rules
The proposed Eastern approach would still consist of a traffic lane
for westbound traffic and a traffic lane for eastbound traffic divided
by a separation zone, but the west end of the northern boundary of the
TSS would be rotated clockwise to the position of Delaware Bay North
Approach Lighted Bell Buoy 2 (LLNR 1475).
The Southeastern approach would remain unchanged, but would be
added to the CFR. It consists of a north-westbound traffic lane and a
south-eastbound traffic lane divided by a separation zone.
The proposed Two-Way Traffic Route would start north of the Eastern
approach and would follow the general contour of the New Jersey coast
heading southwesterly, then west before turning back to the northwest.
This route would better separate tug and tow traffic from large inbound
traffic in the Eastern approach. This route would not be for the
exclusive use of tug and tow traffic, but would be available for use by
all vessels with a draft that enables them to operate safely.
Reconfiguring the Precautionary area, as proposed, would remove
areas that cannot be used by deep draft vessels due to the naturally
available water depths and more accurately reflects to the
international mariner where caution should be exercised.
Regulatory Evaluation
This proposal 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 10e of the regulatory policies and procedures of DOT is
unnecessary since this proposal is an adjustment of an existing TSS
which will provide a much higher degree of safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) governmental jurisdictions
with populations of less than 50,000.
The adjustment of the existing TSS provides an increased level of
safety for mariners using the TSS thereby decreasing any adverse
economic effect on the region due to a potential collision. Because it
expects the impact of this proposal to be minimal, the Coast
[[Page 25578]]
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2.c of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ``ADDRESSES.''
List of Subjects in 33 CFR Part 167
Navigation (water), Traffic separation schemes, Vessels.
In consideration of the foregoing, the Coast Guard proposes to
amend 33 CFR part 167 as set forth below.
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. Section 167.5 is amended to add paragraph (f) to read as
follows:
Sec. 167.5 Definitions.
* * * * *
(f) Two-way route means a route within defined limits inside which
two way traffic is established, aimed at providing safe passage of
ships through waters where navigation is difficult or dangerous.
3. Sections 167.170 through 167.174 are added to read as follows:
Sec. 167.170 Off Delaware Bay Approach Traffic Separation Scheme and
Precautionary Area.
The Off Delaware Bay Traffic Separation Scheme consists of four
parts: An Eastern approach, a South-eastern approach, a Two-Way Traffic
Route, and a precautionary area. The specific areas of the Off Delaware
Bay Traffic Separation Scheme and Precautionary Area are described in
Sec. 166.171, Sec. 167.172, Sec. 167.173, and Sec. 167.174 of this
chapter.
Sec. 167.171 Eastern approach.
(a) A separation zone is established bounded by a line connecting
the following points:
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Latitude Longitude
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38 deg.46'18'' N......................... 74 deg.35'27'' W
38 deg.46'20'' N......................... 74 deg.55'45'' W
38 deg.47'27'' N......................... 74 deg.55'24'' W
38 deg.47'21'' N......................... 74 deg.34'30'' W
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(b) A traffic lane for westbound traffic is established between the
northern side of the separation zone and a line connecting the
following points:
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Latitude Longitude
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38 deg.46'19'' N......................... 74 deg.55'18'' W
38 deg.49'40'' N......................... 74 deg.36'45'' W
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(c) A traffic lane for eastbound traffic is established between the
south side of the separation zone and a line connecting the following
points:
------------------------------------------------------------------------
Latitude Longitude
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38 deg.45'27'' N......................... 74 deg.56'12'' W
38 deg.44'27'' N......................... 74 deg.34'21'' W
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Sec. 167.172 Southeastern approach.
(a) A separation zone is established bounded by a line connecting
the following points:
------------------------------------------------------------------------
Latitude Longitude
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38 deg.27'00'' N......................... 74 deg.42'17'' W
38 deg.43'24'' N......................... 74 deg.57'59'' W
38 deg.44'12'' N......................... 74 deg.57'11'' W
38 deg.27'36'' N......................... 74 deg.41'17'' W
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(b) A traffic lane for north-westbound traffic is established
between the northeastern side of the separation zone and a line
connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
38 deg.28'48'' N......................... 74 deg.39'17'' W
38 deg.45'06'' N......................... 74 deg.56'35'' W
------------------------------------------------------------------------
(c) A traffic lane for south-eastbound traffic is established
between the southwestern side of the separation zone and a line
connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
38 deg.42'48'' N......................... 74 deg.58'53'' W
38 deg.27'00'' N......................... 74 deg.45'23'' W
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Sec. 167.173 Two-Way Traffic Route.
The Two-Way Traffic Route is recommended for use predominantly by
tug and tow traffic transiting to and from the North East in order to
separate such traffic from large, inbound vessel traffic.
(a) The Two-Way Traffic Route is bounded on the west and south by a
line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
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38 deg.50'45'' N......................... 75 deg.03'24'' W
38 deg.47'30'' N......................... 75 deg.01'48'' W
38 deg.48'19'' N......................... 74 deg.55'18'' W
38 deg.50'12'' N......................... 74 deg.49'44'' W
39 deg.00'00'' N......................... 74 deg.40'14'' W
------------------------------------------------------------------------
(b) The Two-Way Traffic Route is bounded on the east and north by a
line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
39 deg.00'00'' N......................... 74 deg.41'00'' W
38 deg.50'29'' N......................... 74 deg.50'18'' W
38 deg.48'48'' N......................... 74 deg.55'15'' W
38 deg.48'20'' N......................... 74 deg.59'18'' W
38 deg.49'06'' N......................... 75 deg.01'39'' W
38 deg.51'16'' N......................... 75 deg.02'50'' W
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Sec. 167.174 Precautionary area.
The Precautionary area is defined as follows: from 38 deg.42'48''
N, 74 deg.58'54'' W; thence northerly by an arc of eight nautical miles
centered at 38 deg.48'54'' N, 75 deg.05'36'' W to 38 deg.47'27'' N,
74 deg.55'18'' W; thence westerly to 38 deg.47'30'' N, 75 deg.01'48''
W; thence northerly to 38 deg.50'45'' N, 75 deg.03'24'' W; thence
northeasterly to 38 deg.51'16'' N, 75 deg.02'50'' W; thence northerly
to 38 deg.54'48'' N, 75 deg.01'36'' W; thence westerly by an arc of 6.7
nautical miles centered at 38 deg.48'54'' N, 75 deg.05'36'' W to
38 deg.55'32'' N, 75 deg.05'52'' W; thence southwesterly to
38 deg.54'00'' N, 75 deg.08'00'' W; thence southerly to 38 deg.42'48''
N, 74 deg.58'54'' W. Datum: NAD 83.
Dated: February 25, 1997.
G.N. Naccara,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 97-12254 Filed 5-8-97; 8:45 am]
BILLING CODE 4910-14-M
