Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 77529 

number of green sturgeon taken directly 

or incidentally for each project under 

the NMFS-approved State ESA 4(d) 

research program. 

The public reporting burden per 

response for this collection-ofinformation is estimated to average: (1) 

40 hours to prepare a written 

notification describing Federal, State, or 

private-sponsored research or 

monitoring activities that comply with 

the ESA 4(d) Rule exception criteria and 

5 hours to prepare reports summarizing 

those activities; (2) 40 hours to prepare 

a written notification describing habitat 

restoration activities that comply with 

the ESA 4(d) Rule exception criteria and 

5 hours to prepare progress reports 

summarizing those activities; (3) 5 hours 

to prepare reports on emergency fish 

rescue activities for Southern DPS fish; 

(4) 40 hours for development of an 

FMEP and 5 hours to prepare the 

biannual reports; (5) 20 hours for 

development of a TFMP; and (6) 40 

hours for development of a State ESA 

4(d) research program and 5 hours to 

prepare the annual reports. These 

estimates include the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection-of-information. 

Send comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to the Assistant 

Regional Administrator, Protected 

Resources Division, SWR, NMFS (see 

ADDRESSES) and by e-mail to 

OIRA_Submission@omb.eop.gov or fax 

to 202–395–7285. 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: December 8, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, amend the table in 

paragraph (b), under the entry ‘‘50 CFR’’ 

by adding an entry for ‘‘223.210’’ in 

numerical order, to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section 

where the information 

collection requirement 

is located 

Current OMB control 

number (all numbers 

begin with 0648–) 

*****

50 CFR 

*****

223.210 ..................... –0613 

*****

[FR Doc. 2010–31216 Filed 12–10–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 167 

[Docket No. USCG–2010–0718] 

RIN 1625–AB55 

Traffic Separation Schemes: In the 

Approaches to Portland, ME; Boston, 

MA; Narragansett Bay, RI and 

Buzzards Bay, MA; Chesapeake Bay, 

VA, and Cape Fear River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: In this rule, the Coast Guard 

codifies traffic separation schemes in 

the approaches to Portland, ME; in the 

approaches to Boston, MA; in the 

approaches to Narragansett Bay, RI and 

Buzzards Bay, MA; and in the 

approaches to the Cape Fear River, NC. 

In addition, the Coast Guard updates the 

current regulations for the traffic 

separation scheme in the approaches to 

Chesapeake Bay, VA. The Coast Guard 

established these traffic separation 

schemes between 1978 and 2004 under 

authority of the Ports and Waterways 

Safety Act. The International Maritime 

Organization adopted these traffic 

separation schemes and describes them 

in their publication, ‘‘Ships Routeing,’’ 

Ninth Edition, 2008. In addition, these 

traffic separation schemes are already 

shown on nautical charts and in the 

United States Coast Pilot published by 

the National Oceanic and Atmospheric 

Administration. 

DATES: This interim rule is effective 

January 12, 2011. Comments and related 

material must either be submitted to our 

online docket via http:// 

www.regulations.gov on or before 

December 28, 2010 or reach the Docket 

Management Facility by that date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0718 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, contact 

Mr. George Detweiler, U.S. Coast Guard 

Office of Navigation Systems, telephone 

202–372–1566, or e-mail 

George.H.Detweiler@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

A. General 

B. TSS History 

C. Regulatory History 

IV. Discussion of the Interim Rule 

A. In the Approaches to Portland, ME 

B. In the Approaches to Boston, MA 

C. In the Approaches to Narragansett Bay, 

RI and Buzzards Bay, MA 

D. In the Approaches to Chesapeake Bay, 

VA 

E. In the Approaches to the Cape Fear 

River, NC 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 


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H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0718), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu, 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–USCG–2010–0718’’ in the 

‘‘Keyword’’ box. Click ‘‘Search’’ then 

click on the balloon shape in the 

‘‘Actions’’ column. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 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 and may 

change this rule based on your 

comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–USCG– 

2010–0718’’ and click ‘‘Search.’’ Click 

the ‘‘Open Docket Folder’’ in the 

‘‘Actions’’ column. If you do not have 

access to the Internet, you may view the 

docket online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the methods 

specified under ADDRESSES. In your 

request, explain why you believe a 

public meeting 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. 

II. Abbreviations 

2004 Act Coast Guard and Maritime 

Transportation Act of 2004 

ATBA Area to be Avoided 

DHS Department of Homeland Security 

FR Federal Register 

IMO International Maritime Organization 

NOAA National Oceanic and Atmospheric 

Administration 

NPRM Notice of Proposed Rulemaking 

PARS Port Access Route Study 

PWSA Ports and Waterways Safety Act 

TSS Traffic Separation Scheme 

U.S.C. United States Code 

III. Background 

A. General 

In the Ports and Waterways Safety Act 

(PWSA), 33 U.S.C. 1221–1232, the 

Secretary of the Department in which 

the Coast Guard operates is granted 

authority to establish traffic separation 

schemes (TSSs), where necessary, to 

provide safe access routes for vessels 

proceeding to or from U.S. ports. This 

authority is delegated to the 

Commandant of the Coast Guard in 

Department of Homeland Security 

Delegation No. 0170.1. 

The Coast Guard conducts a Port 

Access Route Study (PARS) to evaluate 

potential traffic density and the need for 

safe access routes for vessels before 

establishing a traffic separation scheme. 

We publish a notice of the PARS in the 

Federal Register. Through the PARS 

process, we seek public comment, hold 

public meetings when requested, confer 

with affected parties and consult with 

State and local entities 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. 

Under the provisions of the PWSA, 

we must publish a notice of proposed 

rulemaking if we contemplate 

establishing or amending a TSS. 

Likewise, we must publish a notice in 

the Federal Register when we do not 

seek to establish or amend a TSS as a 

result of the PARS. 

In addition, we must notify the 

appropriate international organizations 

of TSS designations, such as the 

International Maritime Organization 

(IMO), and seek the cooperation of 

foreign states in making use of the TSS 

mandatory for vessels under their 

jurisdiction to the same extent as 

required for U.S. vessels. 

We notify the IMO of a new or 

modified TSS by submitting a proposal 

asking that the Maritime Safety 

Committee of the IMO adopt the new or 

modified TSS. We take this action not 

only to fulfill our statutory 

responsibilities under the PWSA, but 

also to follow the procedures of the IMO 

General Provisions for Ships’ Routeing 

(IMO Assembly Resolution A.572(14)). 

When the IMO adopts a TSS, it notifies 

the international maritime and 

hydrographic communities through a 

Marine Safety Committee circular and 

adds the TSS to its publication, ‘‘Ships’ 

Routeing.’’ In this role, the IMO serves 

as the only international forum on 

guidelines, criteria, and regulations for 

ship routing measures. 

B. TSS History 

The Coast Guard established the TSS 

in the approaches to Portland, ME, in 

1978. On February 10, 2005, the Coast 

Guard published a notice of study 

announcing a PARS to Evaluate the 

Vessel Routing Measures in the 

Approaches to Portland, ME, and Casco 

Bay, ME, (70 FR 7067). We completed 

the PARS in 2006 and concluded that 

no amendment to the TSS was needed. 

This TSS, though unchanged since 

1978, is not incorporated in the Code of 

Federal Regulations (CFR). The IMO has 

adopted this TSS, and it is described in 

‘‘Ships’ Routeing.’’ 

We established the TSS in the 

approach to Boston, MA, in 1973 and 

amended it in 1983, 2007, and 2009. 


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On August 9, 2004, Congress enacted 

the Coast Guard and Maritime 

Transportation Act of 2004 (Pub. L. 

108–293). In section 626, Congress 

directed the Secretary of Homeland 

Security to cooperate with the National 

Oceanic and Atmospheric 

Administration (NOAA) in analyzing 

potential vessel routing measures for 

reducing vessel strikes of North Atlantic 

right whales, and to submit a report on 

the analysis by February 2006. 

On February 18, 2005, the Coast 

Guard announced a PARS of Potential 

Vessel Routing Measures To Reduce 

Vessel Strikes of North Atlantic Right 

Whales (70 FR 8312). We analyzed 

potential vessel routing measures and 

considered adjusting existing vessel 

routing measures in the northern region 

of the Atlantic Coast, which included 

Cape Cod Bay, the area off Race Point 

at the northern end of Cape Cod, and the 

Great South Channel. The Coast Guard 

used the information from the PARS to 

prepare and submit our report to 

Congress on May 8, 2006. A copy of our 

report is contained in the docket for this 

rulemaking. 

The Coast Guard announced the 

results of the PARS on May 24, 2006 (71 

FR 29876). We recommended realigning 

and amending the location and size of 

the western portion of the TSS in the 

approach to Boston, MA. We revised the 

TSS in 2007, and the new configuration 

appeared on nautical charts soon 

thereafter. 

On November 19, 2007, the Coast 

Guard announced a second PARS to 

Analyze Potential Vessel Routing 

Measures to Reduce Vessel Strikes of 

North Atlantic Right Whales While also 

Minimizing Adverse Effects on Vessel 

Operations (72 FR 64968). The study 

area included approaches to Boston, 

MA, specifically, a northern right whale 

critical habitat in the area east and south 

of Cape Cod, MA, and the Great South 

Channel, including Georges Bank out to 

the exclusive economic zone boundary. 

The results of the PARS can be found 

in docket number USCG–2007–0057. In 

this second PARS, we recommended 

establishing a seasonal Area to be 

Avoided (ATBA) and amending the 

southeastern portion of the TSS to make 

it uniform throughout its length. In 

2009, we revised the TSS and 

established the ATBA. The revised TSS 

and the ATBA appear on nautical 

charts. However, neither the revised 

TSS nor the ATBA were added to the 

CFR. The IMO has adopted the revised 

TSS and the ATBA, and they are 

described in ‘‘Ships’ Routeing.’’ 

We established the TSS in the 

approaches to Narragansett Bay, RI, and 

Buzzards Bay, MA, in 1973 and 

amended it in 1983. On December 23, 

2003, the Coast Guard published a 

Notice of PARS for Narragansett Bay, RI 

and Buzzards Bay, MA (68 FR 246). In 

the PARS, we recommended not 

changing the existing TSS. This TSS 

appears on nautical charts but is not 

included in the CFR. The IMO has 

adopted this TSS, and it is described in 

‘‘Ships Routeing.’’ 

On January 18, 2002, the Coast Guard 

published a Notice of PARS for the 

Approaches to Cape Fear River, NC (67 

FR 2616). We announced the 

completion of the PARS on April 8, 

2004 (69 FR 18476). In the PARS, we 

recommended establishing a 

precautionary area and TSS near the 

approaches to the Cape Fear River. We 

established the recommended 

precautionary area and TSS in the 

approaches to the Cape Fear River, NC, 

in 2004. The precautionary area and 

TSS appear on nautical charts but are 

not incorporated in the CFR. The IMO 

has adopted this precautionary area and 

TSS, and it is described in ‘‘Ships’ 

Routeing.’’ 

We established the TSS in the 

approaches to Chesapeake Bay, VA, in 

1978, revised it in 1991, and 

incorporated it in the CFR in 1994 (59 

FR 21937). On July 26, 2002, the Coast 

Guard announced a PARS for the 

approaches to Chesapeake Bay, VA (67 

FR 48837). We recommended an 

amendment to the Eastern Approach 

TSS. The amended TSS is shown on 

nautical charts but is not incorporated 

in the CFR. The IMO adopted this 

amendment to the TSS, and it is 

described in ‘‘Ships’ Routeing.’’ 

Each of the TSSs described in this 

section appears on nautical charts and 

is described in the United States Coast 

Pilot published by NOAA. All vessels 

over 1600 gross registered tons must 

have nautical charts and a copy of the 

United States Coast Pilot when 

operating in the navigable waters of the 

United States (33 CFR 164.33). 

The nautical charts showing these 

TSSs and the United States Coast Pilot 

can be viewed on the Internet through 

the NOAA Office of Coast Survey Web 

site at: http://

www.nauticalcharts.noaa.gov/mcd/ 

OnLineViewer.html. 

These TSSs have also been adopted 

by the IMO and are included in the 

current version of ‘‘Ships’ Routeing.’’ 

This publication is available by 

contacting the IMO at: IMO Publishing, 

4 Albert Embankment, London SE1 7SR, 

United Kingdom. e-mail: sales@imo.org. 

C. Regulatory History 

The Coast Guard did not publish a 

Notice of Proposed Rulemaking (NPRM) 

for this rule. Under the Administrative 

Procedure Act (APA) ‘‘good cause’’ 

exception at 5 U.S.C. 553(b)(B), an 

agency may dispense with notice and 

comment procedures if the agency finds 

that following these APA requirements 

would be ‘‘impracticable, unnecessary, 

or contrary to the public interest.’’ The 

Coast Guard determined that good cause 

exists for dispensing with notice and 

comment procedures for this rule 

because notice and comment is 

unnecessary. 

Notice and comment for this 

rulemaking is unnecessary because the 

codification of these TSSs is both 

insignificant in nature and impact, and 

inconsequential to the industry and the 

public. Mariners navigate not by what is 

in the CFR, but by what appears on 

nautical charts. This rule merely 

codifies TSSs as they have appeared on 

nautical charts and in United States 

Coast Pilot and IMO Publications, and 

as they have been used by mariners, for 

several years. 

Additionally, the use of a TSS by a 

mariner is strictly voluntary and the 

codification of these TSSs does not 

create a requirement or impose a burden 

on either the mariner or the public. 

Further, the inclusion of these TSSs into 

the CFR does not impose a new 

requirement and will not alter the 

decision of a mariner to use or not use 

a TSS. These TSSs have appeared on 

nautical charts and have been used by 

mariners for several years and there 

have been no comments, complaints or 

requests for modification from either 

mariners or the public. 

IV. Discussion of the Interim Rule 

Through this interim final rule, the 

Coast Guard codifies the coordinates of 

the TSSs in the approaches to Portland, 

ME, in the approaches to Boston, MA, 

in the approaches to Narragansett Bay, 

RI, and Buzzards Bay, MA, and in the 

approaches to the Cape Fear River, NC. 

Through this interim final rule, we also 

amend the existing TSS in the 

approaches to Chesapeake Bay, VA. 

The latitude and longitude details of 

the TSS coordinates are shown in the 

regulatory text of this interim final rule. 

We note that reading the coordinates is 

not sufficiently informative and that the 

applicable nautical charts should be 

consulted to fully appreciate the 

position and configuration of the TSSs. 

However, these charts are too large a 

scale to reproduce in the Federal 

Register. Therefore, we recommend 

viewing these TSSs with the NOAA 

Nautical Chart On-Line Viewer. The 

Web site for each TSS is listed below. 


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77532 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

A. In the Approaches to Portland, ME 

The existing TSS in the approaches to 

Portland, ME, (NOAA chart 13292, 

Portland Harbor and Vicinity) can be 

viewed by using the NOAA Nautical 

Chart On-Line Viewer at address: http://

www.charts.noaa.gov/OnLineViewer/ 

13292.shtml. 

B. In the Approaches to Boston, MA 

The existing TSS in the approaches to 

Boston, MA and the ATBA (NOAA chart 

13267, Massachusetts Bay) can be 

viewed by using the NOAA Nautical 

Chart On-Line Viewer at address: http://

www.charts.noaa.gov/OnLineViewer/ 

13267.shtml. 

C. In the Approaches to Narragansett 

Bay, RI and Buzzards Bay, MA 

The existing TSS in the approaches to 

Boston, MA, (NOAA chart 13218, 

Martha’s Vineyard to Block Island) can 

be viewed by using the NOAA Nautical 

Chart On-Line Viewer at address: http://

www.charts.noaa.gov/OnLineViewer/ 

13218.shtml. 

D. In the Approaches to Chesapeake 

Bay, VA 

The existing TSS in the approaches to 

Chesapeake Bay, VA, (NOAA chart 

12221, Chesapeake Bay Entrance) can be 

viewed by using the NOAA Nautical 

Chart On-Line Viewer at address: http://

www.charts.noaa.gov/OnLineViewer/ 

12221.shtml. 

E. In the Approaches to Cape Fear River, 

NC 

The existing TSS in the approaches to 

Cape Fear River, NC and the 

Precautionary Area (NOAA chart 11536, 

Approaches to Cape Fear River) can be 

viewed by using the NOAA Nautical 

Chart On-Line Viewer at address: http://

www.charts.noaa.gov/OnLineViewer/ 

11536.shtml. 

V. Regulatory Analyses 

We developed this interim final rule 

after considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This 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. 

As previously discussed, the TSSs 

codified in this interim final rule were 

adopted by IMO and are reflected on 

current nautical charts and in nautical 

publications. We anticipate no 

increased costs for vessels traveling 

within the aforementioned areas. 

These internationally recognized 

traffic separation schemes provide better 

routing order and predictability, 

increase maritime safety, and reduce the 

potential for collisions, groundings, and 

hazardous cargo spills. 

By codifying these existing TSSs, we 

record the latitudes and longitudes of 

the TSSs’ coordinates in the CFR tables 

and make it easier for the public to 

reference our regulations when 

recommending modifications or other 

operational considerations. Including 

them in the CFR merely memorializes 

the position and configuration of the 

TSSs and does not impact mariner 

actions or expectations. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this interim final rule has 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. 

As this rule serves to codify in the 

CFR TSSs that have already been 

implemented, we estimate that there 

will be no increased costs due to this 

rule. 

Therefore, the Coast Guard certifies, 

under 5 U.S.C. 605(b), that this interim 

final rule does 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 will 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. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If you 

believe this rule affects your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult Mr. George 

Detweiler, Office of Navigation Systems, 

telephone 202–372–1566. The U.S. 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the U.S. Coast Guard. 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E. 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 rule under that 

Order and have determined that it has 

federalism implications. Conflict 

preemption principles apply to PWSA 

Title I, and the TSSs in this rule are 

issued under the authority of PWSA 

Title I. These TSSs are specifically 

intended to have preemptive impact 

over State law covering the same subject 

matter in the same geographic area. 

Title I of PWSA (33 U.S.C. 1221 et 

seq.) authorizes the Secretary to issue 

regulations to designate TSSs to provide 

safe access routes for the movement of 

vessel traffic proceeding to or from ports 

or places subject to the jurisdiction of 

the United States. 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 that are the subject of this rule, we 

have sought input from the public and 

consulted with the affected State and 

Federal pilots’ associations, vessel 

operators, users, environmental 

advocacy groups, and all affected 

stakeholders. 

Presently, there are no State laws or 

regulations in the States affected by this 

rule concerning the same subjects as 

those contained in this rule. We 

understand that the affected States do 

not contemplate issuing any such 

regulations. 

Foreign vessel owners and operators 

usually become aware of TSSs when the 

TSSs are added to the United States 

Coast Pilot and the nautical charts that 

are required on each ship operating in 

U.S. waters by 33 CFR 164.33. Foreign 

vessel owners and operators also 

become aware of TSSs through their 


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national IMO delegation and IMO 

publications. 

The individual States of the United 

States are not represented at the IMO as 

that is the role of the Federal 

Government. The U.S. Coast Guard is 

the principal agency responsible for 

advancing the interests of the United 

States at the IMO. In this role, we solicit 

comments from the stakeholders 

through public meetings and develop a 

unified U.S. position prior to attending 

sessions of the IMO Subcommittee on 

Safety of Navigation and the Maritime 

Safety Committee where TSSs are 

discussed. 

F. 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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This 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. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not 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. 

K. Energy Effects 

We have analyzed this 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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (15 U.S.C. 272 

note) directs agencies to use voluntary 

consensus standards in their regulatory 

activities unless the agency provides 

Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards, nor is the Coast Guard aware 

of the existence of any standards that 

address these TSSs. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraph (34)(i) of the Instruction. 

This rule involves navigational aids, 

which include TSSs. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 167 

Harbors, Incorporation by reference, 

Marine safety, Navigation (water), 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 167, subpart B as follows: 

PART 167—[AMENDED] 

■ 1. Revise the authority citation for part 

167 to read as follows: 

Authority: 33 U.S.C. 1223; Department of 

Homeland Security Delegation No. 0170.0. 

■ 2. Add § 167.50 to read as follows: 

§ 167.50 In the approaches to Portland, 

ME: General. 

The traffic separation scheme in the 

approaches to Portland, ME, consists of 

three parts: A precautionary area, an 

Eastern approach and a Southern 

approach. The specific areas in the 

traffic separation scheme in the 

approaches to Portland, ME, are 

described in §§ 167.51 through 167.53. 

■ 3. Add § 167.51 to read as follows: 

§ 167.51 In the approaches to Portland, 

ME: Precautionary area. 

A precautionary area is established 

with a radius of 5.45 miles centered 

upon geographical position 43°31.60′ N, 

70°05.53′ W, the areas within separation 

zones and traffic lanes excluded. 

■ 4. Add § 167.52 to read as follows: 

§ 167.52 In the approaches to Portland, 

ME: Eastern approach. 

(a) A separation zone 1 mile wide is 

established and is centered upon the 

following geographical positions: 

Latitude Longitude 

43°30.18′ N ........................ 069°59.17′ W. 

43°24.28′ N ........................ 069°32.70′ W. 

(b) A traffic lane 1⁄2 miles wide is 

established on each side of the 

separation zone. 

■ 5. Add § 167.53 to read as follows: 

§ 167.53 In the approaches to Portland, 

ME: Southern approach. 

(a) A separation zone 1 mile wide is 

established and is centered upon the 

following geographical positions: 

Latitude Longitude 

43°27.00′ N ........................ 70°03.48′ W. 

43°07.82′ N ........................ 69°54.95′ W. 

(b) A traffic lane 11⁄2 mile wide is 

established on each side of the 

separation zone. 

■ 6. Add § 167.75 to read as follows: 


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§ 167.75 In the approach to Boston, MA: 

General. 

The traffic separation scheme (TSS) in 

the approach to Boston, MA, consists of 

three parts: Two precautionary areas 

and a TSS. The specific areas in the TSS 

in the approach to Boston, MA, are 

described in §§ 167.76 and 167.77. The 

geographic coordinates in §§ 167.76 and 

167.77 are defined using North 

American Datum 1983 (NAD 83), which 

is equivalent to WGS 1984 datum. 

■ 7. Add § 167.76 to read as follows: 

§ 167.76 In the approach to Boston, MA: 

Precautionary areas. 

(a) A precautionary area is established 

with a radius of 6.17 nautical miles 

centered upon geographical position 

42°22.71′ N, 70°46.97′ W. 

(b) (1) A precautionary area is 

established and is bounded to the east 

by a circle of radius 15.5 miles, centered 

upon geographical position 40°35.01′ N, 

68°59.96′ W, intersected by the traffic 

separation schemes in the approach to 

Boston, MA, and Eastern approach, off 

Nantucket (part II of the TSS off New 

York) at the following geographical 

positions: 

Latitude Longitude 

40°50.47′ N ........................ 68°58.67′ W. 

40°23.75′ N ........................ 69°13.95′ W. 

(2) The precautionary area is bounded 

to the west by a line connecting the two 

TSSs between the following 

geographical positions: 

Latitude Longitude 

40°48.03′ N ........................ 69°02.95′ W. 

40°36.76′ N ........................ 69°15.13′ W. 

■ 8. Add § 167.77 to read as follows: 

§ 167.77 In the approach to Boston, MA: 

Traffic Separation Scheme. 

(a) A separation zone 1 mile wide is 

established and is centered upon the 

following geographic positions: 

Latitude Longitude 

42°20.73′ N ........................ 70°39.06′ W. 

42°18.28′ N ........................ 70°01.14′ W. 

40°49.25′ N ........................ 69°00.81′ W. 

(b) A traffic lane for northbound 

traffic is established between the 

separation zone and a line connecting 

the following geographical positions: 

Latitude Longitude 

40°50.47′ N ........................ 68°58.67′ W. 

42°20.17′ N ........................ 69°59.40′ W. 

42°22.71′ N ........................ 70°38.62′ W. 

(c) A traffic lane for southbound 

traffic is established between the 

separation zone and a line connecting 

the following geographical positions: 

Latitude Longitude 

42°18.82′ N ........................ 70°40.49′ W. 

42°16.39′ N ........................ 70°02.88′ W. 

40°48.03′ N ........................ 69°02.95′ W. 

■ 9. Add § 167.100 to read as follows: 

§ 167.100 In the approaches to 

Narragansett Bay, RI, and Buzzards Bay, 

MA: General. 

The traffic separation scheme in the 

approaches to Narragansett Bay, RI, and 

Buzzards Bay, MA, consists of four 

parts: Two precautionary areas and two 

approaches—a Narragansett approach 

and a Buzzards Bay approach. The 

specific areas in the approaches to 

Narragansett Bay, RI, and Buzzards Bay, 

MA, are described in §§ 167.101 through 

167.103. The geographic coordinates in 

§§ 167.101 through 167.103 are defined 

using North American Datum 1983 

(NAD 83), which is equivalent to WGS 

1984 datum. 

■ 10. Add § 167.101 to read as follows: 

§ 167.101 In the approaches to 

Narragansett Bay, RI, and Buzzards Bay, 

MA: Precautionary areas. 

(a) A precautionary area is established 

with a radius of 5.4 miles and is 

centered upon geographical position 

41°06.00′ N, 71°23.30′ W. 

(b) A precautionary area is established 

with a radius of 3.55 miles and is 

centered upon geographical position 

41°25.60′ N, 71°23.30′ W. 

■ 11. Add § 167.102 to read as follows: 

§ 167.102 In the approaches to 

Narragansett Bay, RI, and Buzzards Bay, 

MA: Narragansett Bay approach. 

(a) A separation zone 2 miles wide is 

established and is centered upon the 

following geographical positions: 

Latitude Longitude 

41°22.70′ N ........................ 71°23.30′ W. 

41°11.10′ N ........................ 71°23.30′ W. 

(b) A traffic lane 1 mile wide is 

established on each side of the 

separation zone. 

■ 12. Add § 167.103 to read as follows: 

§ 167.103 In the approaches to 

Narragansett Bay, RI, and Buzzards Bay, 

MA: Buzzards Bay approach. 

(a) A separation zone 1 mile wide is 

established and is centered upon the 

following geographical positions: 

Latitude Longitude 

41°10.20′ N ........................ 71°19.10′ W. 

41°21.80′ N ........................ 71°07.10′ W. 

(b) A traffic lane 1 mile wide is 

established on each side of the 

separation zone. 

Note to § 167.103: A restricted area, 2 miles 

wide, extending from the southern limit of 

the Narragansett Bay approach traffic 

separation zone to latitude 41°24.70’ N, has 

been established. The restricted area will 

only be closed to ship traffic by the Naval 

Underwater System Center during periods of 

daylight and optimum weather conditions for 

torpedo range usage. The closing of the 

restricted area will be indicated by the 

activation of a white strobe light mounted on 

Brenton Reef Light and controlled by a naval 

ship supporting the torpedo range activities. 

There would be no ship restrictions expected 

during inclement weather or when the 

torpedo range is not in use. 

§ 167.200 [Amended] 

■ 13. In § 167.200(a), remove the text 

‘‘13.5 meters (45 feet)’’ wherever it 

appears, and add, in its place, the text 

‘‘12.8 meters (42 feet). 

§ 167.201 [Amended] 

■ 14. In § 167.201, remove the text 

‘‘36°56.14′ N’’ and add, in its place, the 

text ‘‘36°56.13′ N’’; and remove the text 

‘‘75°57.43′ W’’ and add, in its place, the 

text ‘‘75°57.45′ W’’. 

■ 15. Revise § 167.202 to read as 

follows: 

§ 167.202 In the approaches to 

Chesapeake Bay: Eastern approach. 

(a) A separation line is established 

connecting the following geographical 

positions: 

Latitude Longitude 

36°57.50′ N ........................ 75°48.21′ W. 

36°56.40′ N ........................ 75°52.40′ W. 

36°56.40′ N ........................ 75°54.95′ W. 

(b) A traffic lane for westbound traffic 

is established between the separation 

line and a line connecting the following 

geographical positions: 

Latitude Longitude 

36°57.94′ N ........................ 75°48.41′ W. 

36°56.90′ N ........................ 75°52.40′ W. 

36°56.80′ N ........................ 75°55.14′ W. 

(c) A traffic lane for eastbound traffic 

is established between the separation 

line and a line connecting the following 

geographical positions: 

Latitude Longitude 

36°57.04′ N ........................ 75°48.01′ W. 


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Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 77535 

Latitude Longitude 

36°55.88′ N ........................ 75°52.40′ W. 

36°55.88′ N ........................ 75°54.95′ W. 

■ 16. Revise § 167.203 to read as 

follows: 

§ 167.203 In the approaches to 

Chesapeake Bay: Southern approach. 

(a) A separation line connects the 

following geographical positions: 

Latitude Longitude 

36°50.33′ N ........................ 75°46.29′ W. 

36°52.90′ N ........................ 75°51.52′ W. 

36°55.96′ N ........................ 75°54.97′ W. 

(b) A separation line connects the 

following geographical positions: 

Latitude Longitude 

36°55.11′ N ........................ 75°55.23′ W. 

36°52.35′ N ........................ 75°52.12′ W. 

36°49.70′ N ........................ 75°46.80′ W. 

(c) A separation line connects the 

following geographical positions: 

Latitude Longitude 

36°49.52′ N ........................ 75°46.94′ W. 

36°52.18′ N ........................ 75°52.29′ W. 

36°54.97′ N ........................ 75°55.43′ W. 

(d) A separation line connects the 

following geographical positions: 

Latitude Longitude 

36°54.44′ N ........................ 75°56.09′ W. 

36°51.59′ N ........................ 75°52.92′ W. 

36°48.87′ N ........................ 75°47.42′ W. 

(e) A traffic lane for inbound traffic is 

established between the separation lines 

described in paragraphs (a) and (b) of 

this section. 

(f) A traffic lane for outbound traffic 

is established between the separation 

lines described in paragraphs (c) and (d) 

of this section. 

(g) A deep-water route is established 

between the separation lines described 

in paragraphs (b) and (c) of this section. 

The following vessels should use the 

deep-water route established in 

paragraph (g) of this section when 

bound for Chesapeake Bay from sea or 

to sea from Chesapeake Bay: 

(1) Deep draft vessels (drafts greater 

than 13.5 meters/45 feet in fresh water); 

and 

(2) Naval aircraft carriers. 

(h) It is recommended that a vessel 

using the deep-water route established 

in paragraph (g) of this section— 

(1) Announce its intention on VHF– 

FM Channel 16 as it approaches 

Chesapeake Bay Southern Approach 

Lighted Whistle Buoy CB on the south 

end, or Chesapeake Bay Junction 

Lighted Buoy CBJ on the north end of 

the route; 

(2) Avoid, as far as practicable, 

overtaking other vessels operating in the 

deep-water route; and 

(3) Keep as near to the outer limit of 

the route which lies on the vessel’s 

starboard side as is safe and practicable. 

(i) Vessels other than those listed in 

paragraph (d) of this section should not 

use the deep-water route. 

■ 17. Add § 167.250 to read as follows: 

§ 167.250 In the approaches to the Cape 

Fear River: General. 

The traffic separation scheme (TSS) in 

the approaches to the Cape Fear River 

consists of two parts: A precautionary 

area and a TSS. The specific areas in the 

approaches to Narragansett Bay, RI, and 

Buzzards Bay, MA, are described in 

§§ 167.251 and 167.252. The geographic 

coordinates in §§ 167.251 and 167.252 

are defined using North American 

Datum 1983 (NAD 83), which is 

equivalent to WGS 1984 datum. 

■ 18. Add § 167.251 to read as follows: 

§ 167.251 In the approaches to the Cape 

Fear River: Precautionary area. 

A precautionary area is established 

bounded by a line connecting the 

following geographical positions: from 

33°47.65′ N, 78°04.78′ W; to 33°48.50′ 

N, 78°04.27′ W; to 33°49.53′ N, 

78°03.10′ W; to 33°48.00′ N, 78°01.00′ 

W; to 33°41.00′ N, 78°01.00′ W; to 

33°41.00′ N, 78°04.00′ W; to 33°44.28′ 

N, 78°03.02′ W; then by an arc of 2 

nautical miles radius, centered at 

33°46.03′ N, 78°05.41′ W; then to the 

point of origin at 33°47.65′ N, 78°04.78′ 

W. 

■ 19. Add § 167.252 to read as follows: 

§ 167.252 In the approaches to the Cape 

Fear River: Traffic Separation Scheme. 

(a) A traffic separation zone is 

established bounded by a line 

connecting the following geographical 

positions: 

Latitude Longitude 

33°44.94′ N ........................ 78°04.81′ W. 

33°32.75′ N ........................ 78°09.66′ W. 

33°34.50′ N ........................ 78°14.70′ W. 

33°45.11′ N ........................ 78°04.98′ W. 

(b) A traffic lane for northbound 

traffic is established between the 

separation zone and a line connecting 

the following geographic positions: 

Latitude Longitude 

33°32.75′ N ........................ 78°05.99′ W. 

Latitude Longitude 

33°44.38′ N ........................ 78°03.77′ W. 

(c) A traffic lane for southbound 

traffic is established between the 

separation zone and a line connecting 

the following geographic positions: 

Latitude Longitude 

33°36.22′ N ........................ 78°18.00′ W. 

33°46.03′ N ........................ 78°05.41′ W. 

Note to § 167.252: A pilot boarding area is 

located inside the precautionary area. Due to 

heavy ship traffic, mariners are advised not 

to anchor or linger in the precautionary area 

except to pick up or disembark a pilot. 

Dated: December 7, 2010. 

P.F. Cook, 

Captain, U.S. Coast Guard, Acting Director 

of Marine Transportation Systems 

Management. 

[FR Doc. 2010–31113 Filed 12–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101006495–0498–01] 

RIN 0648–BA31 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Steller Sea Lion 

Protection Measures for the Bering 

Sea and Aleutian Islands Groundfish 

Fisheries Off Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: NMFS issues an interim final 

rule to implement Steller sea lion 

protection measures to insure that the 

Bering Sea and Aleutian Islands 

management area (BSAI) groundfish 

fisheries off Alaska are not likely to 

jeopardize the continued existence of 

the western distinct population segment 

(DPS) of Steller sea lions or adversely 

modify its designated critical habitat. 

These management measures will 

disperse fishing effort over time and 

area to provide protection from 

potential competition for important 

Steller sea lion prey species in waters 

adjacent to rookeries and important 

haulouts in the BSAI. The intended 

effect of this interim final rule is to 


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