[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77529-77535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31113]


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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.

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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 <a href="/cdn-cgi/l/email-protection#094e6c667b6e6c2741274d6c7d7e6c60656c7b497c7a6a6e27646065"><span class="__cf_email__" data-cfemail="da9dbfb5a8bdbff492f49ebfaeadbfb3b6bfa89aafa9b9bdf4b7b3b6">[email protected]</span></a>. 
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

[[Page 77530]]

    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 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
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.

[[Page 77531]]

    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:[sol][sol]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: <a href="/cdn-cgi/l/email-protection#ef9c8e838a9caf868280c1809d88"><span class="__cf_email__" data-cfemail="a7d4c6cbc2d4e7cecac889c8d5c0">[email protected]</span></a>.

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.

[[Page 77532]]

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:[sol][sol]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:[sol][sol]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:[sol][sol]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:[sol][sol]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:[sol][sol]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

[[Page 77533]]

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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 167, subpart B as follows:

PART 167--[AMENDED]

0
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.


0
2. Add Sec.  167.50 to read as follows:


Sec.  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 Sec. Sec.  
167.51 through 167.53.

0
3. Add Sec.  167.51 to read as follows:


Sec.  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[deg]31.60' N, 70[deg]05.53' W, 
the areas within separation zones and traffic lanes excluded.

0
4. Add Sec.  167.52 to read as follows:


Sec.  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[deg]30.18' N........................  069[deg]59.17' W.
43[deg]24.28' N........................  069[deg]32.70' W.
------------------------------------------------------------------------

    (b) A traffic lane \1/2\ miles wide is established on each side of 
the separation zone.

0
5. Add Sec.  167.53 to read as follows:


Sec.  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[deg]27.00' N........................  70[deg]03.48' W.
43[deg]07.82' N........................  69[deg]54.95' W.
------------------------------------------------------------------------

    (b) A traffic lane 1\1/2\ mile wide is established on each side of 
the separation zone.

0
6. Add Sec.  167.75 to read as follows:

[[Page 77534]]

Sec.  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 Sec. Sec.  167.76 and 167.77. The geographic coordinates in 
Sec. Sec.  167.76 and 167.77 are defined using North American Datum 
1983 (NAD 83), which is equivalent to WGS 1984 datum.

0
7. Add Sec.  167.76 to read as follows:


Sec.  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[deg]22.71' N, 
70[deg]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[deg]35.01' N, 68[deg]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[deg]50.47' N........................  68[deg]58.67' W.
40[deg]23.75' N........................  69[deg]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[deg]48.03' N........................  69[deg]02.95' W.
40[deg]36.76' N........................  69[deg]15.13' W.
------------------------------------------------------------------------


0
8. Add Sec.  167.77 to read as follows:


Sec.  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[deg]20.73' N........................  70[deg]39.06' W.
42[deg]18.28' N........................  70[deg]01.14' W.
40[deg]49.25' N........................  69[deg]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[deg]50.47' N........................  68[deg]58.67' W.
42[deg]20.17' N........................  69[deg]59.40' W.
42[deg]22.71' N........................  70[deg]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[deg]18.82' N........................  70[deg]40.49' W.
42[deg]16.39' N........................  70[deg]02.88' W.
40[deg]48.03' N........................  69[deg]02.95' W.
------------------------------------------------------------------------


0
9. Add Sec.  167.100 to read as follows:


Sec.  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 Sec. Sec.  
167.101 through 167.103. The geographic coordinates in Sec. Sec.  
167.101 through 167.103 are defined using North American Datum 1983 
(NAD 83), which is equivalent to WGS 1984 datum.

0
10. Add Sec.  167.101 to read as follows:


Sec.  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[deg]06.00' N, 
71[deg]23.30' W.
    (b) A precautionary area is established with a radius of 3.55 miles 
and is centered upon geographical position 41[deg]25.60' N, 
71[deg]23.30' W.

0
11. Add Sec.  167.102 to read as follows:


Sec.  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[deg]22.70' N........................  71[deg]23.30' W.
41[deg]11.10' N........................  71[deg]23.30' W.
------------------------------------------------------------------------

    (b) A traffic lane 1 mile wide is established on each side of the 
separation zone.

0
12. Add Sec.  167.103 to read as follows:


Sec.  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[deg]10.20' N........................  71[deg]19.10' W.
41[deg]21.80' N........................  71[deg]07.10' W.
------------------------------------------------------------------------

    (b) A traffic lane 1 mile wide is established on each side of the 
separation zone.

    Note to Sec.  167.103:  A restricted area, 2 miles wide, 
extending from the southern limit of the Narragansett Bay approach 
traffic separation zone to latitude 41[deg]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.

Sec.  167.200  [Amended]

0
13. In Sec.  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).


Sec.  167.201  [Amended]

0
14. In Sec.  167.201, remove the text ``36[deg]56.14' N'' and add, in 
its place, the text ``36[deg]56.13' N''; and remove the text 
``75[deg]57.43' W'' and add, in its place, the text ``75[deg]57.45' 
W''.

0
15. Revise Sec.  167.202 to read as follows:


Sec.  167.202  In the approaches to Chesapeake Bay: Eastern approach.

    (a) A separation line is established connecting the following 
geographical positions:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
36[deg]57.50' N........................  75[deg]48.21' W.
36[deg]56.40' N........................  75[deg]52.40' W.
36[deg]56.40' N........................  75[deg]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[deg]57.94' N........................  75[deg]48.41' W.
36[deg]56.90' N........................  75[deg]52.40' W.
36[deg]56.80' N........................  75[deg]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[deg]57.04' N........................  75[deg]48.01' W.

[[Page 77535]]

 
36[deg]55.88' N........................  75[deg]52.40' W.
36[deg]55.88' N........................  75[deg]54.95' W.
------------------------------------------------------------------------


0
16. Revise Sec.  167.203 to read as follows:


Sec.  167.203  In the approaches to Chesapeake Bay: Southern approach.

    (a) A separation line connects the following geographical 
positions:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
36[deg]50.33' N........................  75[deg]46.29' W.
36[deg]52.90' N........................  75[deg]51.52' W.
36[deg]55.96' N........................  75[deg]54.97' W.
------------------------------------------------------------------------

    (b) A separation line connects the following geographical 
positions:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
36[deg]55.11' N........................  75[deg]55.23' W.
36[deg]52.35' N........................  75[deg]52.12' W.
36[deg]49.70' N........................  75[deg]46.80' W.
------------------------------------------------------------------------

    (c) A separation line connects the following geographical 
positions:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
36[deg]49.52' N........................  75[deg]46.94' W.
36[deg]52.18' N........................  75[deg]52.29' W.
36[deg]54.97' N........................  75[deg]55.43' W.
------------------------------------------------------------------------

    (d) A separation line connects the following geographical 
positions:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
36[deg]54.44' N........................  75[deg]56.09' W.
36[deg]51.59' N........................  75[deg]52.92' W.
36[deg]48.87' N........................  75[deg]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.

0
17. Add Sec.  167.250 to read as follows:


Sec.  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 Sec. Sec.  167.251 and 167.252. The 
geographic coordinates in Sec. Sec.  167.251 and 167.252 are defined 
using North American Datum 1983 (NAD 83), which is equivalent to WGS 
1984 datum.

0
18. Add Sec.  167.251 to read as follows:


Sec.  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[deg]47.65' N, 
78[deg]04.78' W; to 33[deg]48.50' N, 78[deg]04.27' W; to 33[deg]49.53' 
N, 78[deg]03.10' W; to 33[deg]48.00' N, 78[deg]01.00' W; to 
33[deg]41.00' N, 78[deg]01.00' W; to 33[deg]41.00' N, 78[deg]04.00' W; 
to 33[deg]44.28' N, 78[deg]03.02' W; then by an arc of 2 nautical miles 
radius, centered at 33[deg]46.03' N, 78[deg]05.41' W; then to the point 
of origin at 33[deg]47.65' N, 78[deg]04.78' W.

0
19. Add Sec.  167.252 to read as follows:


Sec.  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[deg]44.94' N........................  78[deg]04.81' W.
33[deg]32.75' N........................  78[deg]09.66' W.
33[deg]34.50' N........................  78[deg]14.70' W.
33[deg]45.11' N........................  78[deg]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[deg]32.75' N........................  78[deg]05.99' W.
33[deg]44.38' N........................  78[deg]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[deg]36.22' N........................  78[deg]18.00' W.
33[deg]46.03' N........................  78[deg]05.41' W.
------------------------------------------------------------------------


    Note to Sec.  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


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