Vessel Traffic Service Updates, Including Establishment of Vessel Traffic Service Requirements for Port Arthur, TX and Expansion of VTS Special Operating Area in Puget Sound, 55439-55448 [2012-22164]

Download as PDF Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules Dated: August 6, 2012. J.E. Ogden, Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit. 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. [FR Doc. 2012–22153 Filed 9–7–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 161 [Docket No. USCG–2011–1024] RIN 1625–AB81 Vessel Traffic Service Updates, Including Establishment of Vessel Traffic Service Requirements for Port Arthur, TX and Expansion of VTS Special Operating Area in Puget Sound Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to revise and update the Vessel Traffic Service (VTS) regulations in 33 CFR part 161. The revision would require participation in the VTS in Port Arthur, Texas, which is now voluntary; consolidate and expand a VTS Special Area in Puget Sound, Washington; update the designated frequencies for the Maritime Mobile Service Identifiers (MMSI) for Louisville and Los Angeles/ Long Beach; and update the definitions and references in Sailing Plan requirements. The changes made by this proposed rule are intended to align regulations with the current operating procedures of the VTSs affected, with the benefit of creating regulatory efficiency. SUMMARY: Comments and related material must either be submitted to our online docket via https://www.regulations.gov on or before December 10, 2012 or reach the Docket Management Facility by that date. ADDRESSES: You may submit comments identified by docket number USCG– 2011–1024 using any one of the following methods: (1) Federal eRulemaking Portal: https://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 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 If you have questions on this proposed rule, call or email Lieutenant Commander Patricia Springer, Office of Shore Forces (CG–7413), Coast Guard; telephone 202–372–2576, email Patricia.J.Springer@uscg.mil. If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Coast Guard 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 IV. Discussion of Proposed Rule A. § 161.12 Vessel Operating Requirements B. § 161.19 Sailing Plan C. § 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region D. § 161.70 Vessel Traffic Service Port Arthur 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 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 https://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–2011–1024), PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 55439 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 email 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 https://www.regulations.gov and insert ‘‘USCG–2011–1024’’ in the ‘‘Search’’ box. Click on ‘‘Submit a comment’’ 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 comments 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 proposed 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 https://www.regulations.gov, insert ‘‘USCG–2011–1024’’ 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 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 to the docket using one of the E:\FR\FM\10SEP1.SGM 10SEP1 55440 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules 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 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS AIS Automatic Identification System CDC Certain Dangerous Cargos MMSI Maritime Mobile Service Identifier MTSA Maritime Transportation Security Act of 2002 NDG National Dialogue Group NPRM Notice of Proposed Rulemaking PAWSA Port and Waterway Safety Assessment PAWSS Port and Waterways Safety System PWSA Ports and Waterways Safety Act SOLAS International Convention for the Safety of Life at Sea U.S.C. United States Code VTM Vessel Traffic Management VTS Vessel Traffic Service III. Background In the late 1990s, the Coast Guard convened a national dialogue group (NDG) comprised of maritime and waterway community stakeholders to identify the needs of waterway users with respect to Vessel Traffic Management (VTM) and Vessel Traffic Service (VTS) systems. Those stakeholders, representing port authorities, pilots, environmental conservationists, the Coast Guard, and all major sectors of the U.S. and foreignflag shipping industry were tasked to identify the information needs of waterway users to help ensure safe passage, assist in establishing a process to identify candidate waterways for VTM improvements and VTS installations, and identify the basic elements of a VTS. The intent of the NDG was to provide the foundation for an approach to VTM that would meet the stakeholders’ shared objective of improving vessel traffic safety in U.S. ports and waterways in a technologically sound and cost-effective way. The major outcome of the NDG was the development of the Port and Waterways Safety Assessment (PAWSA) process, which the Coast Guard established to open a dialogue with waterway users and port stakeholders to help identify needed VTM improvements and to determine candidate VTS waterways. PAWSA provides a formal structure for identifying risk factors and evaluating potential mitigation measures. The process requires the participation of experienced waterway users having local expertise in navigation, waterway conditions, and port safety. In addition, VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 the Coast Guard includes non-maritime industry stakeholders in the process to ensure that important environmental, public safety, and economic considerations are given appropriate attention as risk-mitigation measures are selected. The Coast Guard has conducted 47 PAWSA workshops in U.S. ports since the PAWSA process was developed in 1999, including one in Port Arthur, Texas, on September 21–23, 1999 and one in Lake Charles, Louisiana, on April 25–26, 2000. The Port Arthur, TX and Lake Charles, Louisiana PAWSA reports are publicly available on the NAVCEN Web site at https://www.navcen.uscg. gov/?pageName=pawsaFinalReports and in the docket for this rulemaking (USCG–2011–1024); see the ‘‘Viewing Comments and Documents’’ section of this proposed rule for more information. Based upon the mitigation recommendations contained in these PAWSA reports as well as resource availability and the existence of port infrastructure to support VTS efforts, the Coast Guard determined that Port Arthur, Texas and Lake Charles, Louisiana have a valid need for a Coast Guard-operated VTS. As a result of the Port Arthur PAWSA workshop, which determined that a VTS would provide the greatest potential to mitigate risk in the port, the Coast Guard added Port Arthur to the Port and Waterways Safety System (PAWSS) acquisition project. The PAWSS project’s goal was to install a computerbased VTM system in VTS ports. The installation of the VTS system in Port Arthur began in 2004 with voluntary operations slated to begin in September 2005. Due to disruptions from Hurricane Rita, VTS Port Arthur provided limited services from September 2005 until February 2006 when the VTS attained full operational capability. Although this proposed rule would change VTS Port Arthur from a voluntary system to a system of mandatory compliance for vessels transiting VTS Port Arthur, the Coast Guard does not believe it would alter vessel operations or impose new costs on industry or the Coast Guard. The Coast Guard makes this determination because, under 33 CFR 164.46(3), all vessels which would be affected by changing VTS Port Arthur to a mandatory VTS system are already equipped with Automatic Identification Systems (AIS). Because AIS carriage requirements are the sole cost item for vessels to comply with VTS requirements, have been in force since December 31, 2004, and currently include the VTS Port Arthur area under 33 CFR Table 161.12(c), we have PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 determined that changing VTS Port Arthur to a mandatory VTS should not alter current vessel operations or impose new costs on either the industry or the Coast Guard. This proposed rule would also expand the currently voluntary Port Arthur VTS area to include Lake Charles, Louisiana. The 2000 Lake Charles PAWSA study supported the establishment of a VTS in Lake Charles. Coast Guard data pertaining to commercial vessel activities indicate that commercial vessels that transit the proposed expansion area of Lake Charles satisfy the AIS carriage requirements established under 33 CFR 164.46(3). Therefore, the Coast Guard does not believe that expanding Port Arthur VTS to include Lake Charles, LA, would alter current vessel operations or impose new costs on industry or the Coast Guard. In addition to making participation in the Port Arthur VTS mandatory, this proposed rule would consolidate and expand the two VTS Special Areas in Puget Sound. A VTS Special Area is defined in 33 CFR 161.2 as ‘‘a waterway within a VTS area in which special operating requirements apply.’’ The Coast Guard institutes a VTS Special Area when geographic or other conditions, such as concentration of vessels or vessels carrying particular hazards, make a portion of the waterway an inherently dangerous navigational area. When the federal regulations for vessel traffic systems were first implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard instituted two VTS Special Areas within the VTS Puget Sound. These VTS Special Areas serve to avoid having large vessels impeding, meeting, overtaking or crossing with each other’s intended track in the constricted waters between the San Juan Islands in Puget Sound. In addition to the two existing VTS Special Areas in Puget Sound, special operating requirements have traditionally been issued in the proposed expansion area by VTS Puget Sound due to the relatively restricted nature of these waters. The proposed rule would incorporate into a single consolidated VTS Special Area the waters of the two existing VTS Special Areas and the waters currently covered by these special operating requirements. Because this rule would simply consolidate existing vessel operating procedures within VTS Puget Sound, the Coast Guard does not anticipate that the expansion of this VTS Special Area would alter current vessel operations or impose new regulatory costs on industry. This codification simplifies E:\FR\FM\10SEP1.SGM 10SEP1 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules compliance with these traffic management requirements. Finally, this proposed rule would make two minor updates to the VTS regulations. The first change adds Maritime Mobile Service Identifier (MMSI) numbers, which are required for any AIS equipment installation, to the table in 33 CFR 161.12 as a result of the installment of Automatic Identification System (AIS) base stations in the Louisville, KY, VTS Area and Los Angeles/Long Beach Vessel Movement Reporting System area. The second change removes an outdated reference to Dangerous Cargo, and adds an updated reference to Certain Dangerous Cargo in 33 CFR 160.204. IV. Discussion of Proposed Rule This proposed rule would revise regulations in 33 CFR part 161 as follows: A. § 161.12 Vessel Operating Requirements We propose to revise Table 161.12(c) in order to include the MMSI information for two ports and to include updated information pertaining to VTS Port Arthur. First, this rulemaking would update the entry for Louisville and Los Angeles/Long Beach by adding each VTS’s MMSI to the table. Second, this rulemaking would update the entry for Port Arthur by adding the designated frequencies and updating its monitoring areas. Finally, this rulemaking would change the entry for Port Arthur from ‘‘Sabine Traffic’’ to ‘‘Port Arthur Traffic’’ to more accurately reflect the nature of the VTS and add a note to the table that the third monitoring sector for Port Arthur will have limited services until the Coast Guard has the capability to provide full services. This rulemaking would not make any other changes to table 161.12(c). wreier-aviles on DSK5TPTVN1PROD with PROPOSALS B. § 161.19 Sailing Plan This rulemaking would amend 33 CFR 161.19(f) by changing the reference from ‘‘Dangerous Cargo as defined in 33 CFR 160.203’’ to ‘‘Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.’’ In 2003, 33 CFR Subpart C was revised and the definitions were moved from 33 CFR 160.203 to 33 CFR 160.204 (68 FR 9544, February 28, 2003). This rulemaking would also remove the references to § 160.211 and § 160.213 because these sections no longer exist in the CFR. These are administrative changes with no cost impact. VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 C. § 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region This rulemaking would modify 33 CFR 161.55 by consolidating the two existing VTS Special Areas that are located within the Vessel Traffic Service Puget Sound Area. In addition to consolidating two VTS Special Areas into one, this rulemaking would expand the consolidated VTS Special Area to encompass an additional area of navigational concern that has traditionally been subject to special operating requirements. The existing VTS Special Areas include the waters of Rosario Strait and Guemes Channel. The consolidated VTS Special Area would be slightly expanded to add the nearby waters of Bellingham Bay, western Padilla Bay and the Saddlebag route that is located east of Guemes Island, in the vicinity of Vendovi Island. This single consolidated VTS Special Area would promote maritime safety by applying the VTS Special Operating requirements of 33 CFR 161.13 to certain classes of vessels, defined in 33 CFR 161.16 and 161.55, while transiting the VTS Special Area and by prohibiting those classes of vessels from impeding, meeting, overtaking, crossing, or operating within 2,000 yards of each other (except when crossing astern) while transiting within this VTS Special Area. This proposed rulemaking is in line with current practice and should not result in changes to scheduling, queueing or transit times. Additionally, this proposed rulemaking would make permanent the special operating requirements that VTS Puget Sound has imposed within these areas since the original rules in 33 CFR 161.55 were established in 1994. D. § 161.70 Arthur Vessel Traffic Service Port We propose to add a new section that describes the Port Arthur Vessel Traffic Service area. The VTS area consists of the navigable waters south of 30°10′ N, east of 94°20′ W, west of 93°22′ W, and, north of 29°10′ N. This proposed change would establish mandatory participation in the VTS for all applicable vessels. VI. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on several of these statutes or executive orders. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 55441 A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This notice of proposed rulemaking (NPRM) has not been designated a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. A draft Regulatory Assessment follows: This proposed rule would establish mandatory participation for the VTS area in Port Arthur, Texas and would consolidate and expand the VTS Special Areas in the Puget Sound Area to include Bellingham Channel, western Padilla Bay and the Saddlebag route east of Guemes Island. The VTS system in Port Arthur was installed in 2004 and became fully operational in February 2006. Currently Port Arthur operates as a voluntary system. The proposed rule would make participation in the VTS mandatory for all vessels that are required to carry AIS equipment. In 2003, the Coast Guard published a final rule (68 FR 60569, October 22, 2003) that harmonized the AIS carriage and standardization requirements contained in MTSA with the requirements of SOLAS. That prior rule established AIS carriage requirements for commercial vessels (33 CFR 164.46). As a result of this prior regulation, all U.S.-flagged commercial vessels that are required to carry AIS equipment for operation in the VTS under this rule have been in compliance since 2004. Similarly, foreign-flagged vessels have been required to carry AIS equipment under the SOLAS Convention since 2004. Because AIS carriage is required by regulation under 33 CFR 164.46 for commercial vessels, including those vessels that would be affected by this rule, we expect that there would not be additional costs to either industry or government resulting from this rule. A list of the categories of commercial vessels and the dates of compliance for AIS carriage are shown in Table 1. E:\FR\FM\10SEP1.SGM 10SEP1 55442 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules TABLE 1—COMMERCIAL VESSELS: AIS CARRIAGE REQUIREMENTS Class of vessel AIS currently required Self-propelled vessels 65 feet or more in length in commercial service and on an international voyage (excludes passenger and fishing vessels). Passenger vessels of 150 gross tons or more on an international voyage ...................... Tankers on international voyages, regardless of tonnage ................................................. Vessels of 50,000 gross tons or more, other than tankers or passenger ships, on international voyages. Vessels of 300 gross tons or more but less than 50,000 gross tons, other than tankers or passenger ships. Self-propelled vessels of 65 feet or more in length in commercial service (excludes fishing vessels and passenger vessels certificated to carry less than 151 passengers for hire). Towing vessels 26 feet or more in length and more than 600 horsepower in commercial service. Passenger vessels certificated to carry more than 150 passengers for hire .................... Yes ......................................... December 31, 2004. Yes ......................................... Yes ......................................... Yes ......................................... July 1, 2003. July 1, 2003. July 1, 2004. Yes ......................................... December 31, 2004. Yes, when operating in a VTS or VMRS. December 31, 2004. Yes, when operating in a VTS or VMRS. Yes, when operating in a VTS or VMRS. No. December 31, 2004. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Fishing vessels ................................................................................................................... The principal benefits of changing VTS participation from voluntary to mandatory would be to codify current practices and to provide VTS Port Arthur with full VTS authorities to direct and manage traffic in order to better prevent maritime accidents. The proposed rule would also consolidate and slightly expand the current VTS Special Area in the VTS Puget Sound area. This requirement expands the zone in which entry into and movement within the special area is controlled by the VTS. These controls, designed principally for collision avoidance, are expected to expedite traffic movement within the special area. The VTS has put operating conditions in place in the proposed consolidated VTS Special Area since the VTS national regulations were established in 1994. The proposed rule would align the regulations with current practices already in place in the consolidated VTS Special Area and would not result in additional requirements placed upon vessels. Due to the constricted waters within the San Juan Islands, special operating requirements have been instituted since the National VTS Regulations were first implemented in 1994 to avoid the risk of large vessels meeting, overtaking or crossing in this inherently dangerous navigational area. Vessel Traffic Service Puget Sound has consistently issued measures or directions to enhance navigation and vessel safety by imposing special operating requirements for vessels operating in Bellingham Channel, western Padilla Bay, and the Saddlebag route east of Guemes Island and in the vicinity of Vendovi Island due to the comparable restricted nature of these waters. Therefore, it is not anticipated that the expansion of this VTS Special Area would alter vessel operations. VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 Other minor administrative changes include updating the MMSI for Louisville and Los Angeles/Long Beach in Table 33 CFR 161.12(c). The proposed rule would amend 33 CFR 161.19(f) by changing the reference from ‘‘Dangerous Cargo as defined in 33 CFR 160.203’’ to ‘‘Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.’’ This rulemaking would also remove the references to § 160.211 and § 160.213 because these sections no longer exist in the CFR. We expect these administrative changes to result in no additional costs to the public or industry. B. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. As previously discussed, the AIS carriage requirements were implemented by a prior regulation in 33 CFR 164.46, and all vessels which would be required to participate in the VTS are currently equipped to follow the regulations of their individual VTS areas. In addition, the consolidation and slight expansion of the VTS Special Area in Puget Sound merely codifies current operational practices, and would result in no additional equipment requirements. As a result, we expect that this proposed rule would not impose additional costs on vessel owners and operators transiting within either the Port Arthur or Puget Sound VTS areas. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Compliance date December 31, 2004. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult LCDR Patricia Springer at 202–372– 2576, email Patricia.J.Springer@uscg.mil. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you E:\FR\FM\10SEP1.SGM 10SEP1 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). wreier-aviles on DSK5TPTVN1PROD with PROPOSALS D. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Vessels affected by this rule would already be covered under OMB collection of information 1625–0112. E. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it has implications for federalism. A summary of the impact of federalism in this rule follows. Title I of the Ports and Waterways Safety Act (PWSA) (33 U.S.C. 1221 et. seq.) authorizes the Secretary to issue regulations to establish and maintain vessel traffic services consisting of measures for controlling or supervising vessel traffic to protect the marine environment. In enacting the PWSA in 1972, Congress declared that advance planning and consultation with the affected States and other stakeholders is necessary when developing measures for the control or supervision of vessel traffic or for protecting navigation or the marine environment. Throughout the development of each of the subject VTSs the Coast Guard has consulted with the pertinent state and/or local government entities as well as the affected pilot’s associations, vessel operators, VTS users, and all affected stakeholders. This interaction is more fully described elsewhere in this document. The Coast Guard has determined, after considering the factors developed by the Supreme Court in the consolidated cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000), that by enacting Chapter 25 of the Ports and Waterways Safety Act, Congress intended to preempt the field of vessel traffic services in United States ports and waterways. Therefore, the regulations proposed in this rulemaking have preemptive impact over any State laws or regulations that may be enacted on the same subject matter. The preemptive impact of this rule is codified in 33 CFR 161.6. While it is well settled that States may not regulate in categories in which VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 Congress intended the Coast Guard to be the sole source of a vessel’s obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, Sections 4 and 6 of Executive Order 13132 require that for any rules with preemptive effect, the Coast Guard will provide elected officials of affected State and local governments and their representative national organizations, notice and opportunity for appropriate participation in any rulemaking proceedings, and to consult with such officials early in the rulemaking process. Therefore, the Coast Guard invites affected State and local governments and their representative national organizations to indicate their desire for participation and consultation in this rulemaking process by submitting comments to this NPRM. In accordance with Executive Order 13132, the Coast Guard will provide a federalism impact statement to document: (1) The extent of the Coast Guard’s consultation with State and local officials who submit comments to this proposed rule; (2) a summary of the nature of any concerns raised by State or local governments and the Coast Guard’s position thereon; and (3) a statement of the extent to which the concerns of State and local officials have been met. We will also report to the Office of Management and Budget any written communications with the States. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 55443 eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. L. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 E:\FR\FM\10SEP1.SGM 10SEP1 55444 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. This rule is categorically excluded under section 2.B.2., figure 2– 1, paragraphs 34(a) and (i) of the Instruction. This rule involves administrative changes, changing regulations in aid of navigation, and updating vessel traffic services. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 161 Harbors, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 161 as follows: PART 161—VESSEL TRAFFIC MANAGEMENT 1. The authority citation for part 161 continues to read as follows: Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. In § 161.12, revise Table 161.12(c) to read as follows: § 161.12 * * Vessel operating requirements. * * * TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS Center MMSI 1 call sign Designated frequency (channel designation)— purpose 2 Monitoring area 3,4 Berwick Bay—003669950: Berwick Traffic .............. 156.550 MHz (Ch. 11) ....... The waters south of 29°45′ N., west of 91°10′ W., north of 29°37′ N., and east of 91°18′ W. Buzzards Bay: Buzzards Bay Control 5 156.600 MHz (Ch. 12) ........ The waters east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°27.2′ N., longitude 70°11.7′ W., to the Buzzards Bay Entrance Light in approximate position latitude 41°23.5′ N., longitude 71°02.0′ W., and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°24.6′ N., longitude 70°57.0′ W., and including all of the Cape Cod Canal to its eastern entrance, except that the area of New Bedford harbor within the confines (north of) the hurricane barrier, and the passages through the Elizabeth Islands, is not considered to be ‘‘Buzzards Bay’’. The navigable waters north of 29° N., west of 94°20′ W., south of 29°49′ N., and east of 95°20′ W. The navigable waters north of a line extending due west from the southernmost end of Exxon Dock #1 (20°43.37′ N., 95°01.27′ W.). Houston-Galveston— 003669954. Houston Traffic ............. Houston Traffic ............. ............................................. 156.550 MHz (Ch. 11) ........ 156.250 MHz (Ch. 5A) —For Sailing Plans only 156.600 MHz (Ch. 12) ........ 156.250 MHz (Ch. 5A) —For Sailing Plans only The navigable waters south of a line extending due west from the southernmost end of Exxon Dock #1 (29°43.37′ N., 95°01.27′ W.). 156.700 MHz (Ch. 14) ....... Vessel Movement Reporting System Area: The navigable waters within a 25 nautical mile radius of Point Fermin Light (33°42.3′ N., 118°17.6′ W.). Louisville—003669732: Louisville Traffic ............ 156.650 MHz (Ch. 13) ....... The waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above. Lower Mississippi River— 0036699952: New Orleans Traffic ...... wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Los Angeles-Long Beach— 03660465: San Pedro Traffic .......... 156.550 MHz (Ch. 11) ........ New Orleans Traffic ...... 156.600 MHz (Ch.12) ......... New Orleans Traffic ...... 156.250 MHz (Ch. 05A) ..... The navigable waters of the Lower Mississippi River below 29°55.3′ N., 089°55.6′ W. (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down river to Southwest Pass, and, within a 12 nautical mile radius around 28°54.3′ N. 089°25.7′ W. (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes. The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicular on the river at 29°55′30″ N., and 090°12′46″ W. (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.3′ N. 089°55.6′ W. (Saxonholm Light) at 86.0 miles AHP. The navigable waters of the Lower Mississippi River below 30°38.7′ N. 091°17.5′ W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55′30″ N., and 090°12′46″ W., (Upper Twelve Mile Point) at 109.0 miles AHP. New York—003669951: VerDate Mar<15>2010 17:02 Sep 07, 2012 Jkt 226001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules 55445 TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued Center MMSI 1 call sign Designated frequency (channel designation)— purpose 2 Monitoring area 3,4 156.550 MHz (Ch. 11) ........ —For Sailing Plans only 156.600 MHz (Ch. 12) ....... —For vessels at anchor New York Traffic ........... 156.700 MHz (Ch. 14) ........ New York Traffic ........... 156.600 MHz (Ch. 12) ........ Port Arthur—003669955: Port Arthur Traffic ......... 156.050 MHz (Ch. 01A) ..... Port Arthur Traffic ......... 156.275 MHz (Ch. 65A) ..... Port Arthur Traffic ......... 156.675 MHz (Ch. 73) 6 ..... Prince William Sound— 003669958: Valdez Traffic ................ 156.650 MHz (CH. 13) ....... The navigable waters south of 61°05′ N., east of 147°20′ W., north of 60° N., and west of 146°30′ W.; and, all navigable waters in Port Valdez. Puget Sound: 7 Seattle Traffic— 003669957. 156.700 MHz (Ch. 14) ....... Seattle Traffic— 003669957. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS New York Traffic ........... 156.250 MHz (Ch. 5A) ....... Tofino Traffic— 003160012. Victoria Traffic— 003160010. 156.725 MHz (Ch. 74) ....... The waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. The waters of the Strait of Juan de Fuca east of 124°40′ W. excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′ W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. The waters west of 124°40′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48° N., and east of 127° W. The waters of the Strait of Georgia west of 122°52′ W., the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. San Francisco—003669956: San Francisco Traffic .... VerDate Mar<15>2010 17:02 Sep 07, 2012 156.550 MHz (Ch. 11) ....... 156.700 MHz (Ch. 14) ....... Jkt 226001 PO 00000 The area consists of the navigable waters of the Lower New York Bay bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west in the Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.9′ N.; and then east including the waters of the Kill Van Kull and the Upper New York Bay north to a line drawn east-west from the Holland Tunnel ventilator shaft at latitude 40°43.7′ N., longitude 74°01.6′ W., in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River. The navigable waters of the Lower New York Bay west of a line drawn from Norton Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west into the waters of Raritan Bay East Reach to a line drawn from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort PT, NJ; then north including the waters of the Upper New York Bay south of 40°42.40′ N. (Brooklyn Bridge) and 40°43.70′ N. (Holland Tunnel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40°38.25′ N. (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40°41.95′ N. (Lehigh Valley Draw Bridge). The navigable waters of the Raritan Bay south to a line drawn at latitude 40°26′ N.; then west of a line drawn from Great Kills Light south through the Raritan Bay East Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge; and north including the waters of the Arthur Kill to 40°28.25′ N. (Arthur Kill Railroad Bridge); including the waters of the East River north of 40°42.40′ N. (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River. The navigable waters of the Sabine-Neches Canal south of 29°52.7′ N.; Port Arthur Canal; Sabine Pass Channel; Sabine Bank Channel; Sabine Outer Bar Channel; the offshore safety fairway; and the ICW from High Island to its intersection with the Sabine-Neches Canal. The navigable waters of the Neches River; Sabine River; and Sabine-Neches Waterway north of 29°52.7′ N.; and the ICW from its intersection with the Sabine River to MM 260. The navigable waters of the Calcasieu Channel; Calcasieu River Channel; and the ICW from MM 260 to MM 191. The navigable waters of the San Francisco Offshore Precautionary Area, the navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0′ W. and north of 37°40.0′ N. extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River. Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1 55446 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued Center MMSI 1 call sign Designated frequency (channel designation)— purpose 2 Monitoring area 3,4 San Francisco Traffic .... 156.600 MHz (Ch. 12) ....... The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.) west of 122°42.0′ W. and south of 37°40.0′ N. and excluding the San Francisco Offshore Precautionary Area. St. Marys River— 003669953: Soo Traffic .................... 156.600 MHz (Ch. 12) ........ The waters of the St. Marys River between 45°57′ N. (De Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′ N. and 46°01.57′ N. (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay). Notes: 1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in §§ 161.21 and 164.46 of this subchapter. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number. 2 In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13) is used in certain monitoring areas where the level of reporting does not warrant a designated frequency. 3 All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 4 Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148. 5 In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter. 6 Until otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS frequency to request advisories, but are not required to monitor the VTS frequency in this sector. 7 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies. * * * * * 3. In § 161.19, revise paragraph (f) to read as follows: § 161.19 Sailing Plan (SP). * * * * * (f) Certain dangerous cargo on board or in its tow, as defined in § 160.204 of this chapter. 4. In § 161.55, revise paragraph (b) and paragraph (c) introductory text to read as follows: § 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region. * * * * * (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS Special Area consists of all waters of the eastern San Juan Island Archipelago including: Rosario Strait bounded to the south by latitude 48°26′24″ N. (the center of the Precautionary Area ‘‘RB’’) extending from Lopez Island to Fidalgo Island, and to the north by latitude 48°40′34″ N. (the center of the Precautionary Area ‘‘C’’) extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of latitude 48°38′25″ N. Note: The center of precautionary area ‘‘R.B.’’ is not marked by a buoy. All precautionary areas are depicted on National Oceanic and Atmospheric Administration (NOAA) nautical charts. (c) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Eastern San Juan Island Archipelago VTS Special Area: * * * * * 5. Add § 161.70 to read as follows: § 161.70 Vessel Traffic Service Port Arthur. (a) The VTS area consists of the navigable waters of the U.S. to the limits of the territorial seas bound by the following points: 30°10′ N. 92°37′ W., then south to 29°10′ N. 92°37′ W., then west to 29°10 N. 93°52′15″ W., then northwest to 29°33′42″ N. 94°21′15″ W., then north to 30°10′ N. 94°21′15″ W. then east along the 30°10′ E. latitude to the origination point. Note: Although mandatory participation in VTS Port Arthur is limited to the area within the navigable waters of the United States, prospective users are encouraged to report at the safe water marks in order to facilitate vessel traffic management in the VTS Area and to receive advisories or navigational assistance. (b) Precautionary areas. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS TABLE 161.70(b)—VTS PORT ARTHUR PRECAUTIONARY AREAS Precautionary area name Petco Bend 1 ..................................... Black Bayou 1 ................................... Orange Cut 1 ..................................... Neches River Intersection 1 .............. Texaco Island Intersection 1 ............. VerDate Mar<15>2010 17:13 Sep 07, 2012 Center point latitude Radius Jkt 226001 2,000 2,000 2,000 2,000 2,000 PO 00000 30°00.80′ 30°00.00′ 30°03.25′ 29°58.10′ 29°49.40′ Frm 00018 N. N. N. N. N. Center point longitude ................................................ ................................................ ................................................ ................................................ ................................................ Fmt 4702 Sfmt 4702 093°57.60′ 093°46.20′ 093°43.20′ 093°51.25′ 094°57.55′ E:\FR\FM\10SEP1.SGM 10SEP1 W. W. W. W. W. Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules 55447 TABLE 161.70(b)—VTS PORT ARTHUR PRECAUTIONARY AREAS—Continued Precautionary area name Center point latitude Radius Sabine-Neches Waterway ................ N/A Center point longitude All waters of the Sabine-Neches Waterway between the Texaco Island Precautionary Area and the Humble Island Precautionary Area. 1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway. (c) Reporting points (Inbound). TABLE 161.70(c)—INBOUND Designator Geographic name Geographic description 1 ............... Sabine Bank Channel ‘‘SB’’ Buoy .... Sabine Bank Sea Buoy .................... 29°25.00′ N., 093°40.00′ W. 2 3 4 5 Sabine Pass Buoys ‘‘29/30’’ ............. Port Arthur Canal Light ‘‘43’’ ............ North Forty GIWW Mile 279 ............. FINA Highline Neches River Light ‘‘19’’. Ready Reserve Fleet Highline ......... Sabine River MM 268 ....................... Sabine Pass Buoys ‘‘29/30’’ ............. Keith Lake ......................................... North Forty ........................................ FINA Highline ................................... 29°35.90′ 29°46.50′ 29°56.40′ 29°59.10′ Channel at Cove Mid-Point .............. 268 Highline ...................................... 30°00.80′ N., 093°59.90′ W. 30°02.20′ N., 093°44.30′ W. ............... ............... ............... ............... 6 ............... 7 ............... Latitude/Longitude N., N., N., N., 093°48.20′ 093°56.47′ 093°52.10′ 093°54.30′ Notes Sailing Plan Report. W. W. W. W. (d) Reporting points (Outbound). TABLE 161.70(d)—OUTBOUND Designator Geographic name Geographic description 1 ............... 2 ............... 3 ............... Sabine River Light ‘‘2’’ ...................... Ready Reserve Fleet Highline ......... FINA Highline Neches River Light ‘‘19’’. GIWW Mile 285 ................................ Port Arthur Canal Light ‘‘43’’ ............ Sabine Pass Buoys ‘‘29/30’’ ............. Sabine Bank Channel ‘‘SB’’ Buoy .... Black Bayou ...................................... Channel at Cove Mid-Point .............. FINA Highline ................................... 30°00.00′ N., 093°46.25′ W. 30°00.80′ N., 093°59.90′ W. 29°59.09′ N., 093°54.30′ W. The School House ............................ Keith Lake ......................................... Sabine Pass Buoys ‘‘29/30’’ ............. Sabine Bank Sea Buoy .................... 29°52.70′ 29°46.50′ 29°35.90′ 29°25.00′ 4 5 6 7 ............... ............... ............... ............... Latitude/Longitude N., N., N., N., 093°55.55′ 093°56.47′ 093°48.20′ 093°40.00′ W. W. W. W. Notes Sector Shift. Final Report. (e) Reporting points (Eastbound). TABLE 161.70(e)—EASTBOUND (ICW) Designator Geographic name Geographic description Latitude/Longitude 1 ............... GIWW Mile 295 ................................ ICW MM 295 .................................... 29°47.25′ N., 094°01.10′ W. 2 ............... 3 ............... 4 ............... North Forty GIWW Mile 279 ............. Sabine River MM 268 ....................... GIWW Mile 260 ................................ North Forty ........................................ 268 Highline ...................................... 260 Highline ...................................... 29°56.40′ N., 093°52.10′ W. 30°02.20′ N., 093°44.30′ W. 30°03.50′ N., 093°37.50′ W. Notes Sailing Plan Report. Final Report. (f) Reporting points (Westbound). TABLE 161.70(f)—WESTBOUND (ICW) wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Designator Geographic name Geographic description Latitude/Longitude 1 ............... GIWW Mile 260 ................................ 260 Highline ...................................... 30°03.50′ N., 093°37.50′ W. Sailing Plan Report. 2 ............... 3 ............... 4 ............... Sabine River Light ‘‘2’’ ...................... GIWW Mile 285 ................................ GIWW Mile 295 ................................ Black Bayou ...................................... The School House ............................ ICW MM 295 .................................... 30°00.03′ N., 093°46.18′ W. 29°52.71′ N., 093°55.55′ W. 29°46.20′ N., 094°02.60′ W. Sector Shift. Final Report. (g) Reporting points (Offshore Safety Fairway). VerDate Mar<15>2010 17:13 Sep 07, 2012 Jkt 226001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1 Notes 55448 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules TABLE 161.70(g)—OFFSHORE SAFETY FAIRWAY Designator Geographic name Geographic description 1 ............... 2 ............... Sabine Pass Safety Fairway—East .. Sabine Pass Safety Fairway—West East Dogleg ...................................... West Dogleg ..................................... Dated: September 4, 2012. Mark E. Butt, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Capability. [FR Doc. 2012–22164 Filed 9–7–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120718253–2367–01] RIN 0648–BC30 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern Atlantic States; Transferability of Black Sea Bass Pot Endorsements National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes regulations to implement a revision of a disapproved action from Amendment 18A (the Resubmittal) to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18A), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this rule would allow black sea bass pot endorsements to be transferred under specific conditions. The intent of this rule is to implement the transferability action originally submitted in Amendment 18A, as clarified in the Resubmittal. DATES: Written comments must be received on or before September 25, 2012. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: You may submit comments on the proposed rule identified by ‘‘NOAA–NMFS–2012–0128’’ by any of the following methods: • Electronic Submissions: Submit electronic comments via the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. ADDRESSES: VerDate Mar<15>2010 17:13 Sep 07, 2012 Jkt 226001 Latitude/Longitude 29°35.00′ N., 093°28.00′ W. 29°28.00′ N., 093°58.00′ W. • Mail: Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. To submit comments through the Federal e-Rulemaking Portal: https:// www.regulations.gov, enter ‘‘NOAA– NMFS–2012–0128’’ in the search field and click on ‘‘search’’. After you located the proposed rule, click on ‘‘Submit a Comment’’ link in that row. This will display the comment web form. You can enter your submitter information (unless you prefer to remain anonymous), and type your comment on the web form. You can also attach additional files (up to 10MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Comments received through means not specified in this rule will not be considered. For further assistance with submitting a comment, see the ‘‘Commenting’’ section at https://www.regulations.gov/ #!faqs or the Help section at https:// www.regulations.gov. Electronic copies of Amendment 18A and the Resubmittal may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/ SASnapperGrouperHomepage.htm. Amendment 18A includes an Environmental Impact Statement (EIS), an Initial Regulatory Flexibility Act Analysis (IRFA), a Regulatory Impact Review, and a Fishery Impact Statement. The Resubmittal includes a RIR and a FIS. FOR FURTHER INFORMATION CONTACT: Kate Michie, 727–824–5305. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR Part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Notes Background Amendment 18A, implemented through final rulemaking on July 1, 2012, (77 FR 32408, June 1, 2012), includes a provision to limit participation in the black sea bass pot segment of the snapper-grouper fishery through the establishment of an endorsement program. In order to qualify for a black sea bass pot endorsement, an entity must have held a valid South Atlantic snapper-grouper unlimited permit on the effective date of the final rule implementing Amendment 18A (or July 1, 2012). In addition to this requirement, qualifying permit holders must have had average annual black sea bass landings of at least 2,500 lb (1,134 kg), round weight, using black sea bass pot gear between January 1, 1999 and December 31, 2010. Those permit holders with no reported commercial landings of black sea bass using black sea bass pot gear between January 1, 2008, and December 31, 2010, did not qualify for an endorsement. The number of South Atlantic snapper-grouper unlimited permit holders that meet these criteria as of September 10, 2012 is 32, and more endorsements could be issued after the appeals process finalizes. Only those vessels associated with a valid endorsement can legally fish for black sea bass in the South Atlantic using black sea bass pot gear. Amendment 18A also contained an action to allow for the transfer of black sea bass pot endorsements. However, NMFS disapproved this action because Amendment 18A and the supporting EIS incorrectly described the preferred alternative as allowing transfer of landings history without transfer of the permit. However, the following analysis of alternatives applied a correct understanding of what the preferred alternative was, i.e. that landings history would not be transferred independently of the permit. Therefore, NMFS disapproved that measure, and the Council revised and resubmitted the action addressing transferability of black sea bass pot endorsements in an amendment (the Resubmittal). All reasonable alternatives for the transferability action were correctly characterized in the supporting analysis in Amendment 18A pursuant to the National Environmental Policy Act, including biological, economic, social, E:\FR\FM\10SEP1.SGM 10SEP1

Agencies

[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Proposed Rules]
[Pages 55439-55448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22164]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 161

[Docket No. USCG-2011-1024]
RIN 1625-AB81


Vessel Traffic Service Updates, Including Establishment of Vessel 
Traffic Service Requirements for Port Arthur, TX and Expansion of VTS 
Special Operating Area in Puget Sound

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise and update the Vessel 
Traffic Service (VTS) regulations in 33 CFR part 161. The revision 
would require participation in the VTS in Port Arthur, Texas, which is 
now voluntary; consolidate and expand a VTS Special Area in Puget 
Sound, Washington; update the designated frequencies for the Maritime 
Mobile Service Identifiers (MMSI) for Louisville and Los Angeles/Long 
Beach; and update the definitions and references in Sailing Plan 
requirements. The changes made by this proposed rule are intended to 
align regulations with the current operating procedures of the VTSs 
affected, with the benefit of creating regulatory efficiency.

DATES: Comments and related material must either be submitted to our 
online docket via https://www.regulations.gov on or before December 10, 
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1024 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://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 proposed 
rule, call or email Lieutenant Commander Patricia Springer, Office of 
Shore Forces (CG-7413), Coast Guard; telephone 202-372-2576, email 
Patricia.J.Springer@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Ms. 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
IV. Discussion of Proposed Rule
    A. Sec.  161.12 Vessel Operating Requirements
    B. Sec.  161.19 Sailing Plan
    C. Sec.  161.55 Vessel Traffic Service Puget Sound and the 
Cooperative Vessel Traffic Service for the Juan de Fuca Region
    D. Sec.  161.70 Vessel Traffic Service Port Arthur
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
    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 https://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-2011-1024), 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 email 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 https://www.regulations.gov and 
insert ``USCG-2011-1024'' in the ``Search'' box. Click on ``Submit a 
comment'' 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 comments 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 proposed 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 https://www.regulations.gov, 
insert ``USCG-2011-1024'' 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 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 to the docket using one of the

[[Page 55440]]

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

AIS Automatic Identification System
CDC Certain Dangerous Cargos
MMSI Maritime Mobile Service Identifier
MTSA Maritime Transportation Security Act of 2002
NDG National Dialogue Group
NPRM Notice of Proposed Rulemaking
PAWSA Port and Waterway Safety Assessment
PAWSS Port and Waterways Safety System
PWSA Ports and Waterways Safety Act
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
VTM Vessel Traffic Management
VTS Vessel Traffic Service

III. Background

    In the late 1990s, the Coast Guard convened a national dialogue 
group (NDG) comprised of maritime and waterway community stakeholders 
to identify the needs of waterway users with respect to Vessel Traffic 
Management (VTM) and Vessel Traffic Service (VTS) systems. Those 
stakeholders, representing port authorities, pilots, environmental 
conservationists, the Coast Guard, and all major sectors of the U.S. 
and foreign-flag shipping industry were tasked to identify the 
information needs of waterway users to help ensure safe passage, assist 
in establishing a process to identify candidate waterways for VTM 
improvements and VTS installations, and identify the basic elements of 
a VTS. The intent of the NDG was to provide the foundation for an 
approach to VTM that would meet the stakeholders' shared objective of 
improving vessel traffic safety in U.S. ports and waterways in a 
technologically sound and cost-effective way.
    The major outcome of the NDG was the development of the Port and 
Waterways Safety Assessment (PAWSA) process, which the Coast Guard 
established to open a dialogue with waterway users and port 
stakeholders to help identify needed VTM improvements and to determine 
candidate VTS waterways. PAWSA provides a formal structure for 
identifying risk factors and evaluating potential mitigation measures. 
The process requires the participation of experienced waterway users 
having local expertise in navigation, waterway conditions, and port 
safety. In addition, the Coast Guard includes non-maritime industry 
stakeholders in the process to ensure that important environmental, 
public safety, and economic considerations are given appropriate 
attention as risk-mitigation measures are selected.
    The Coast Guard has conducted 47 PAWSA workshops in U.S. ports 
since the PAWSA process was developed in 1999, including one in Port 
Arthur, Texas, on September 21-23, 1999 and one in Lake Charles, 
Louisiana, on April 25-26, 2000. The Port Arthur, TX and Lake Charles, 
Louisiana PAWSA reports are publicly available on the NAVCEN Web site 
at https://www.navcen.uscg.gov/?pageName=pawsaFinalReports and in the 
docket for this rulemaking (USCG-2011-1024); see the ``Viewing Comments 
and Documents'' section of this proposed rule for more information. 
Based upon the mitigation recommendations contained in these PAWSA 
reports as well as resource availability and the existence of port 
infrastructure to support VTS efforts, the Coast Guard determined that 
Port Arthur, Texas and Lake Charles, Louisiana have a valid need for a 
Coast Guard-operated VTS.
    As a result of the Port Arthur PAWSA workshop, which determined 
that a VTS would provide the greatest potential to mitigate risk in the 
port, the Coast Guard added Port Arthur to the Port and Waterways 
Safety System (PAWSS) acquisition project. The PAWSS project's goal was 
to install a computer-based VTM system in VTS ports. The installation 
of the VTS system in Port Arthur began in 2004 with voluntary 
operations slated to begin in September 2005. Due to disruptions from 
Hurricane Rita, VTS Port Arthur provided limited services from 
September 2005 until February 2006 when the VTS attained full 
operational capability.
    Although this proposed rule would change VTS Port Arthur from a 
voluntary system to a system of mandatory compliance for vessels 
transiting VTS Port Arthur, the Coast Guard does not believe it would 
alter vessel operations or impose new costs on industry or the Coast 
Guard. The Coast Guard makes this determination because, under 33 CFR 
164.46(3), all vessels which would be affected by changing VTS Port 
Arthur to a mandatory VTS system are already equipped with Automatic 
Identification Systems (AIS). Because AIS carriage requirements are the 
sole cost item for vessels to comply with VTS requirements, have been 
in force since December 31, 2004, and currently include the VTS Port 
Arthur area under 33 CFR Table 161.12(c), we have determined that 
changing VTS Port Arthur to a mandatory VTS should not alter current 
vessel operations or impose new costs on either the industry or the 
Coast Guard.
    This proposed rule would also expand the currently voluntary Port 
Arthur VTS area to include Lake Charles, Louisiana. The 2000 Lake 
Charles PAWSA study supported the establishment of a VTS in Lake 
Charles. Coast Guard data pertaining to commercial vessel activities 
indicate that commercial vessels that transit the proposed expansion 
area of Lake Charles satisfy the AIS carriage requirements established 
under 33 CFR 164.46(3). Therefore, the Coast Guard does not believe 
that expanding Port Arthur VTS to include Lake Charles, LA, would alter 
current vessel operations or impose new costs on industry or the Coast 
Guard.
    In addition to making participation in the Port Arthur VTS 
mandatory, this proposed rule would consolidate and expand the two VTS 
Special Areas in Puget Sound. A VTS Special Area is defined in 33 CFR 
161.2 as ``a waterway within a VTS area in which special operating 
requirements apply.'' The Coast Guard institutes a VTS Special Area 
when geographic or other conditions, such as concentration of vessels 
or vessels carrying particular hazards, make a portion of the waterway 
an inherently dangerous navigational area.
    When the federal regulations for vessel traffic systems were first 
implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard 
instituted two VTS Special Areas within the VTS Puget Sound. These VTS 
Special Areas serve to avoid having large vessels impeding, meeting, 
overtaking or crossing with each other's intended track in the 
constricted waters between the San Juan Islands in Puget Sound.
    In addition to the two existing VTS Special Areas in Puget Sound, 
special operating requirements have traditionally been issued in the 
proposed expansion area by VTS Puget Sound due to the relatively 
restricted nature of these waters. The proposed rule would incorporate 
into a single consolidated VTS Special Area the waters of the two 
existing VTS Special Areas and the waters currently covered by these 
special operating requirements. Because this rule would simply 
consolidate existing vessel operating procedures within VTS Puget 
Sound, the Coast Guard does not anticipate that the expansion of this 
VTS Special Area would alter current vessel operations or impose new 
regulatory costs on industry. This codification simplifies

[[Page 55441]]

compliance with these traffic management requirements.
    Finally, this proposed rule would make two minor updates to the VTS 
regulations. The first change adds Maritime Mobile Service Identifier 
(MMSI) numbers, which are required for any AIS equipment installation, 
to the table in 33 CFR 161.12 as a result of the installment of 
Automatic Identification System (AIS) base stations in the Louisville, 
KY, VTS Area and Los Angeles/Long Beach Vessel Movement Reporting 
System area. The second change removes an outdated reference to 
Dangerous Cargo, and adds an updated reference to Certain Dangerous 
Cargo in 33 CFR 160.204.

IV. Discussion of Proposed Rule

    This proposed rule would revise regulations in 33 CFR part 161 as 
follows:

A. Sec.  161.12 Vessel Operating Requirements

    We propose to revise Table 161.12(c) in order to include the MMSI 
information for two ports and to include updated information pertaining 
to VTS Port Arthur. First, this rulemaking would update the entry for 
Louisville and Los Angeles/Long Beach by adding each VTS's MMSI to the 
table. Second, this rulemaking would update the entry for Port Arthur 
by adding the designated frequencies and updating its monitoring areas. 
Finally, this rulemaking would change the entry for Port Arthur from 
``Sabine Traffic'' to ``Port Arthur Traffic'' to more accurately 
reflect the nature of the VTS and add a note to the table that the 
third monitoring sector for Port Arthur will have limited services 
until the Coast Guard has the capability to provide full services. This 
rulemaking would not make any other changes to table 161.12(c).

B. Sec.  161.19 Sailing Plan

    This rulemaking would amend 33 CFR 161.19(f) by changing the 
reference from ``Dangerous Cargo as defined in 33 CFR 160.203'' to 
``Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.'' In 
2003, 33 CFR Subpart C was revised and the definitions were moved from 
33 CFR 160.203 to 33 CFR 160.204 (68 FR 9544, February 28, 2003). This 
rulemaking would also remove the references to Sec.  160.211 and Sec.  
160.213 because these sections no longer exist in the CFR. These are 
administrative changes with no cost impact.

C. Sec.  161.55 Vessel Traffic Service Puget Sound and the Cooperative 
Vessel Traffic Service for the Juan de Fuca Region

    This rulemaking would modify 33 CFR 161.55 by consolidating the two 
existing VTS Special Areas that are located within the Vessel Traffic 
Service Puget Sound Area. In addition to consolidating two VTS Special 
Areas into one, this rulemaking would expand the consolidated VTS 
Special Area to encompass an additional area of navigational concern 
that has traditionally been subject to special operating requirements. 
The existing VTS Special Areas include the waters of Rosario Strait and 
Guemes Channel. The consolidated VTS Special Area would be slightly 
expanded to add the nearby waters of Bellingham Bay, western Padilla 
Bay and the Saddlebag route that is located east of Guemes Island, in 
the vicinity of Vendovi Island. This single consolidated VTS Special 
Area would promote maritime safety by applying the VTS Special 
Operating requirements of 33 CFR 161.13 to certain classes of vessels, 
defined in 33 CFR 161.16 and 161.55, while transiting the VTS Special 
Area and by prohibiting those classes of vessels from impeding, 
meeting, overtaking, crossing, or operating within 2,000 yards of each 
other (except when crossing astern) while transiting within this VTS 
Special Area. This proposed rulemaking is in line with current practice 
and should not result in changes to scheduling, queueing or transit 
times. Additionally, this proposed rulemaking would make permanent the 
special operating requirements that VTS Puget Sound has imposed within 
these areas since the original rules in 33 CFR 161.55 were established 
in 1994.

D. Sec.  161.70 Vessel Traffic Service Port Arthur

    We propose to add a new section that describes the Port Arthur 
Vessel Traffic Service area. The VTS area consists of the navigable 
waters south of 30[deg]10' N, east of 94[deg]20' W, west of 93[deg]22' 
W, and, north of 29[deg]10' N. This proposed change would establish 
mandatory participation in the VTS for all applicable vessels.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on several of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This notice of proposed rulemaking (NPRM) has 
not been designated a ``significant regulatory action'' under section 
3(f) of Executive Order 12866. Accordingly, the NPRM has not been 
reviewed by the Office of Management and Budget.
    A draft Regulatory Assessment follows:
    This proposed rule would establish mandatory participation for the 
VTS area in Port Arthur, Texas and would consolidate and expand the VTS 
Special Areas in the Puget Sound Area to include Bellingham Channel, 
western Padilla Bay and the Saddlebag route east of Guemes Island.
    The VTS system in Port Arthur was installed in 2004 and became 
fully operational in February 2006. Currently Port Arthur operates as a 
voluntary system. The proposed rule would make participation in the VTS 
mandatory for all vessels that are required to carry AIS equipment.
    In 2003, the Coast Guard published a final rule (68 FR 60569, 
October 22, 2003) that harmonized the AIS carriage and standardization 
requirements contained in MTSA with the requirements of SOLAS. That 
prior rule established AIS carriage requirements for commercial vessels 
(33 CFR 164.46). As a result of this prior regulation, all U.S.-flagged 
commercial vessels that are required to carry AIS equipment for 
operation in the VTS under this rule have been in compliance since 
2004. Similarly, foreign-flagged vessels have been required to carry 
AIS equipment under the SOLAS Convention since 2004. Because AIS 
carriage is required by regulation under 33 CFR 164.46 for commercial 
vessels, including those vessels that would be affected by this rule, 
we expect that there would not be additional costs to either industry 
or government resulting from this rule. A list of the categories of 
commercial vessels and the dates of compliance for AIS carriage are 
shown in Table 1.

[[Page 55442]]



                             Table 1--Commercial Vessels: AIS Carriage Requirements
----------------------------------------------------------------------------------------------------------------
             Class of vessel                  AIS currently required                 Compliance date
----------------------------------------------------------------------------------------------------------------
Self-propelled vessels 65 feet or more in  Yes.........................  December 31, 2004.
 length in commercial service and on an
 international voyage (excludes passenger
 and fishing vessels).
Passenger vessels of 150 gross tons or     Yes.........................  July 1, 2003.
 more on an international voyage.
Tankers on international voyages,          Yes.........................  July 1, 2003.
 regardless of tonnage.
Vessels of 50,000 gross tons or more,      Yes.........................  July 1, 2004.
 other than tankers or passenger ships,
 on international voyages.
Vessels of 300 gross tons or more but      Yes.........................  December 31, 2004.
 less than 50,000 gross tons, other than
 tankers or passenger ships.
Self-propelled vessels of 65 feet or more  Yes, when operating in a VTS  December 31, 2004.
 in length in commercial service            or VMRS.
 (excludes fishing vessels and passenger
 vessels certificated to carry less than
 151 passengers for hire).
Towing vessels 26 feet or more in length   Yes, when operating in a VTS  December 31, 2004.
 and more than 600 horsepower in            or VMRS.
 commercial service.
Passenger vessels certificated to carry    Yes, when operating in a VTS  December 31, 2004.
 more than 150 passengers for hire.         or VMRS.
Fishing vessels..........................  No..........................
----------------------------------------------------------------------------------------------------------------

    The principal benefits of changing VTS participation from voluntary 
to mandatory would be to codify current practices and to provide VTS 
Port Arthur with full VTS authorities to direct and manage traffic in 
order to better prevent maritime accidents.
    The proposed rule would also consolidate and slightly expand the 
current VTS Special Area in the VTS Puget Sound area. This requirement 
expands the zone in which entry into and movement within the special 
area is controlled by the VTS. These controls, designed principally for 
collision avoidance, are expected to expedite traffic movement within 
the special area. The VTS has put operating conditions in place in the 
proposed consolidated VTS Special Area since the VTS national 
regulations were established in 1994. The proposed rule would align the 
regulations with current practices already in place in the consolidated 
VTS Special Area and would not result in additional requirements placed 
upon vessels.
    Due to the constricted waters within the San Juan Islands, special 
operating requirements have been instituted since the National VTS 
Regulations were first implemented in 1994 to avoid the risk of large 
vessels meeting, overtaking or crossing in this inherently dangerous 
navigational area. Vessel Traffic Service Puget Sound has consistently 
issued measures or directions to enhance navigation and vessel safety 
by imposing special operating requirements for vessels operating in 
Bellingham Channel, western Padilla Bay, and the Saddlebag route east 
of Guemes Island and in the vicinity of Vendovi Island due to the 
comparable restricted nature of these waters. Therefore, it is not 
anticipated that the expansion of this VTS Special Area would alter 
vessel operations.
    Other minor administrative changes include updating the MMSI for 
Louisville and Los Angeles/Long Beach in Table 33 CFR 161.12(c). The 
proposed rule would amend 33 CFR 161.19(f) by changing the reference 
from ``Dangerous Cargo as defined in 33 CFR 160.203'' to ``Certain 
Dangerous Cargo (CDC) as defined in 33 CFR 160.204.'' This rulemaking 
would also remove the references to Sec.  160.211 and Sec.  160.213 
because these sections no longer exist in the CFR. We expect these 
administrative changes to result in no additional costs to the public 
or industry.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    As previously discussed, the AIS carriage requirements were 
implemented by a prior regulation in 33 CFR 164.46, and all vessels 
which would be required to participate in the VTS are currently 
equipped to follow the regulations of their individual VTS areas. In 
addition, the consolidation and slight expansion of the VTS Special 
Area in Puget Sound merely codifies current operational practices, and 
would result in no additional equipment requirements. As a result, we 
expect that this proposed rule would not impose additional costs on 
vessel owners and operators transiting within either the Port Arthur or 
Puget Sound VTS areas.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or gov 
ern men tal jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult LCDR Patricia 
Springer at 202-372-2576, email Patricia.J.Springer@uscg.mil. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you

[[Page 55443]]

wish to comment on actions by employees of the Coast Guard, call 1-888-
REG-FAIR (1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 
Vessels affected by this rule would already be covered under OMB 
collection of information 1625-0112.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    We have analyzed this proposed rule under that Order and have 
determined that it has implications for federalism. A summary of the 
impact of federalism in this rule follows.
    Title I of the Ports and Waterways Safety Act (PWSA) (33 U.S.C. 
1221 et. seq.) authorizes the Secretary to issue regulations to 
establish and maintain vessel traffic services consisting of measures 
for controlling or supervising vessel traffic to protect the marine 
environment. In enacting the PWSA in 1972, Congress declared that 
advance planning and consultation with the affected States and other 
stakeholders is necessary when developing measures for the control or 
supervision of vessel traffic or for protecting navigation or the 
marine environment. Throughout the development of each of the subject 
VTSs the Coast Guard has consulted with the pertinent state and/or 
local government entities as well as the affected pilot's associations, 
vessel operators, VTS users, and all affected stakeholders. This 
interaction is more fully described elsewhere in this document.
    The Coast Guard has determined, after considering the factors 
developed by the Supreme Court in the consolidated cases of United 
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 
(March 6, 2000), that by enacting Chapter 25 of the Ports and Waterways 
Safety Act, Congress intended to preempt the field of vessel traffic 
services in United States ports and waterways. Therefore, the 
regulations proposed in this rulemaking have preemptive impact over any 
State laws or regulations that may be enacted on the same subject 
matter. The preemptive impact of this rule is codified in 33 CFR 161.6.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, Sections 4 and 6 of Executive Order 13132 
require that for any rules with preemptive effect, the Coast Guard will 
provide elected officials of affected State and local governments and 
their representative national organizations, notice and opportunity for 
appropriate participation in any rulemaking proceedings, and to consult 
with such officials early in the rulemaking process.
    Therefore, the Coast Guard invites affected State and local 
governments and their representative national organizations to indicate 
their desire for participation and consultation in this rulemaking 
process by submitting comments to this NPRM. In accordance with 
Executive Order 13132, the Coast Guard will provide a federalism impact 
statement to document: (1) The extent of the Coast Guard's consultation 
with State and local officials who submit comments to this proposed 
rule; (2) a summary of the nature of any concerns raised by State or 
local governments and the Coast Guard's position thereon; and (3) a 
statement of the extent to which the concerns of State and local 
officials have been met. We will also report to the Office of 
Management and Budget any written communications with the States.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01

[[Page 55444]]

and Commandant Instruction M16475.lD, which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. A 
preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under the 
``Public Participation and Request for Comments'' section of this 
preamble. This rule is categorically excluded under section 2.B.2., 
figure 2-1, paragraphs 34(a) and (i) of the Instruction. This rule 
involves administrative changes, changing regulations in aid of 
navigation, and updating vessel traffic services. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 161 as follows:

PART 161--VESSEL TRAFFIC MANAGEMENT

    1. The authority citation for part 161 continues to read as 
follows:

    Authority:  33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. In Sec.  161.12, revise Table 161.12(c) to read as follows:


Sec.  161.12  Vessel operating requirements.

* * * * *

      Table 161.12(c)--VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                              Designated frequency
        Center MMSI \1\ call sign           (channel designation)--              Monitoring area \3,4\
                                                  purpose \2\
----------------------------------------------------------------------------------------------------------------
Berwick Bay--003669950:
    Berwick Traffic.....................  156.550 MHz (Ch. 11).......  The waters south of 29[deg]45' N., west
                                                                        of 91[deg]10' W., north of 29[deg]37'
                                                                        N., and east of 91[deg]18' W.
Buzzards Bay:
    Buzzards Bay Control \5\............  156.600 MHz (Ch. 12).......  The waters east and north of a line drawn
                                                                        from the southern tangent of Sakonnet
                                                                        Point, Rhode Island, in approximate
                                                                        position latitude 41[deg]27.2' N.,
                                                                        longitude 70[deg]11.7' W., to the
                                                                        Buzzards Bay Entrance Light in
                                                                        approximate position latitude
                                                                        41[deg]23.5' N., longitude 71[deg]02.0'
                                                                        W., and then to the southwestern tangent
                                                                        of Cuttyhunk Island, Massachusetts, at
                                                                        approximate position latitude
                                                                        41[deg]24.6' N., longitude 70[deg]57.0'
                                                                        W., and including all of the Cape Cod
                                                                        Canal to its eastern entrance, except
                                                                        that the area of New Bedford harbor
                                                                        within the confines (north of) the
                                                                        hurricane barrier, and the passages
                                                                        through the Elizabeth Islands, is not
                                                                        considered to be ``Buzzards Bay''.
Houston-Galveston--003669954............  ...........................  The navigable waters north of 29[deg] N.,
                                                                        west of 94[deg]20' W., south of
                                                                        29[deg]49' N., and east of 95[deg]20' W.
    Houston Traffic.....................  156.550 MHz (Ch. 11).......  The navigable waters north of a line
                                          156.250 MHz (Ch. 5A).......   extending due west from the southernmost
                                          --For Sailing Plans only...   end of Exxon Dock 1
                                                                        (20[deg]43.37' N., 95[deg]01.27' W.).
    Houston Traffic.....................  156.600 MHz (Ch. 12).......  The navigable waters south of a line
                                          156.250 MHz (Ch. 5A).......   extending due west from the southernmost
                                          --For Sailing Plans only...   end of Exxon Dock 1
                                                                        (29[deg]43.37' N., 95[deg]01.27' W.).
Los Angeles-Long Beach--03660465:
    San Pedro Traffic...................  156.700 MHz (Ch. 14).......  Vessel Movement Reporting System Area:
                                                                        The navigable waters within a 25
                                                                        nautical mile radius of Point Fermin
                                                                        Light (33[deg]42.3' N., 118[deg]17.6'
                                                                        W.).
Louisville--003669732:
    Louisville Traffic..................  156.650 MHz (Ch. 13).......  The waters of the Ohio River between
                                                                        McAlpine Locks (Mile 606) and Twelve
                                                                        Mile Island (Mile 593), only when the
                                                                        McAlpine upper pool gauge is at
                                                                        approximately 13.0 feet or above.
Lower Mississippi River--0036699952:
    New Orleans Traffic.................  156.550 MHz (Ch. 11).......  The navigable waters of the Lower
                                                                        Mississippi River below 29[deg]55.3' N.,
                                                                        089[deg]55.6' W. (Saxonholm Light) at
                                                                        86.0 miles Above Head of Passes (AHP),
                                                                        extending down river to Southwest Pass,
                                                                        and, within a 12 nautical mile radius
                                                                        around 28[deg]54.3' N. 089[deg]25.7' W.
                                                                        (Southwest Pass Entrance Light at 20.1
                                                                        miles Below Head of Passes.
    New Orleans Traffic.................  156.600 MHz (Ch.12)........  The navigable waters of the Lower
                                                                        Mississippi River bounded on the north
                                                                        by a line drawn perpendicular on the
                                                                        river at 29[deg]55'30'' N., and
                                                                        090[deg]12'46'' W. (Upper Twelve Mile
                                                                        Point) at 109.0 miles AHP and on the
                                                                        south by a line drawn perpendicularly at
                                                                        29[deg]55.3' N. 089[deg]55.6' W.
                                                                        (Saxonholm Light) at 86.0 miles AHP.
    New Orleans Traffic.................  156.250 MHz (Ch. 05A)......  The navigable waters of the Lower
                                                                        Mississippi River below 30[deg]38.7' N.
                                                                        091[deg]17.5' W. (Port Hudson Light) at
                                                                        254.5 miles AHP bounded on the south by
                                                                        a line drawn perpendicular on the river
                                                                        at 29[deg]55'30'' N., and
                                                                        090[deg]12'46'' W., (Upper Twelve Mile
                                                                        Point) at 109.0 miles AHP.
New York--003669951:

[[Page 55445]]

 
    New York Traffic....................  156.550 MHz (Ch. 11).......  The area consists of the navigable waters
                                          --For Sailing Plans only...   of the Lower New York Bay bounded on the
                                          156.600 MHz (Ch. 12).......   east by a line drawn from Norton Point
                                          --For vessels at anchor....   to Breezy Point; on the south by a line
                                                                        connecting the entrance buoys at the
                                                                        Ambrose Channel, Swash Channel, and
                                                                        Sandy Hook Channel to Sandy Hook Point;
                                                                        and on the southeast including the
                                                                        waters of Sandy Hook Bay south to a line
                                                                        drawn at latitude 40[deg]25' N.; then
                                                                        west in the Raritan Bay to the Raritan
                                                                        River Railroad Bridge, then north into
                                                                        waters of the Arthur Kill and Newark Bay
                                                                        to the Lehigh Valley Draw Bridge at
                                                                        latitude 40[deg]41.9' N.; and then east
                                                                        including the waters of the Kill Van
                                                                        Kull and the Upper New York Bay north to
                                                                        a line drawn east-west from the Holland
                                                                        Tunnel ventilator shaft at latitude
                                                                        40[deg]43.7' N., longitude 74[deg]01.6'
                                                                        W., in the Hudson River; and then
                                                                        continuing east including the waters of
                                                                        the East River to the Throgs Neck
                                                                        Bridge, excluding the Harlem River.
    New York Traffic....................  156.700 MHz (Ch. 14).......  The navigable waters of the Lower New
                                                                        York Bay west of a line drawn from
                                                                        Norton Point to Breezy Point; and north
                                                                        of a line connecting the entrance buoys
                                                                        of Ambrose Channel, Swash Channel, and
                                                                        Sandy Hook Channel, to Sandy Hook Point;
                                                                        on the southeast including the waters of
                                                                        the Sandy Hook Bay south to a line drawn
                                                                        at latitude 40[deg]25' N.; then west
                                                                        into the waters of Raritan Bay East
                                                                        Reach to a line drawn from Great Kills
                                                                        Light south through Raritan Bay East
                                                                        Reach LGB 14 to Comfort PT, NJ;
                                                                        then north including the waters of the
                                                                        Upper New York Bay south of
                                                                        40[deg]42.40' N. (Brooklyn Bridge) and
                                                                        40[deg]43.70' N. (Holland Tunnel
                                                                        Ventilator Shaft); west through the KVK
                                                                        into the Arthur Kill north of
                                                                        40[deg]38.25' N. (Arthur Kill Railroad
                                                                        Bridge); then north into the waters of
                                                                        the Newark Bay, south of 40[deg]41.95'
                                                                        N. (Lehigh Valley Draw Bridge).
    New York Traffic....................  156.600 MHz (Ch. 12).......  The navigable waters of the Raritan Bay
                                                                        south to a line drawn at latitude
                                                                        40[deg]26' N.; then west of a line drawn
                                                                        from Great Kills Light south through the
                                                                        Raritan Bay East Reach LGB 14
                                                                        to Point Comfort, NJ; then west to the
                                                                        Raritan River Railroad Bridge; and north
                                                                        including the waters of the Arthur Kill
                                                                        to 40[deg]28.25' N. (Arthur Kill
                                                                        Railroad Bridge); including the waters
                                                                        of the East River north of 40[deg]42.40'
                                                                        N. (Brooklyn Bridge) to the Throgs Neck
                                                                        Bridge, excluding the Harlem River.
Port Arthur--003669955:
    Port Arthur Traffic.................  156.050 MHz (Ch. 01A)......  The navigable waters of the Sabine-Neches
                                                                        Canal south of 29[deg]52.7' N.; Port
                                                                        Arthur Canal; Sabine Pass Channel;
                                                                        Sabine Bank Channel; Sabine Outer Bar
                                                                        Channel; the offshore safety fairway;
                                                                        and the ICW from High Island to its
                                                                        intersection with the Sabine-Neches
                                                                        Canal.
    Port Arthur Traffic.................  156.275 MHz (Ch. 65A)......  The navigable waters of the Neches River;
                                                                        Sabine River; and Sabine-Neches Waterway
                                                                        north of 29[deg]52.7' N.; and the ICW
                                                                        from its intersection with the Sabine
                                                                        River to MM 260.
    Port Arthur Traffic.................  156.675 MHz (Ch. 73) \6\...  The navigable waters of the Calcasieu
                                                                        Channel; Calcasieu River Channel; and
                                                                        the ICW from MM 260 to MM 191.
Prince William Sound--003669958:
    Valdez Traffic......................  156.650 MHz (CH. 13).......  The navigable waters south of 61[deg]05'
                                                                        N., east of 147[deg]20' W., north of
                                                                        60[deg] N., and west of 146[deg]30' W.;
                                                                        and, all navigable waters in Port
                                                                        Valdez.
Puget Sound: \7\
    Seattle Traffic--003669957..........  156.700 MHz (Ch. 14).......  The waters of Puget Sound, Hood Canal and
                                                                        adjacent waters south of a line
                                                                        connecting Nodule Point and Bush Point
                                                                        in Admiralty Inlet and south of a line
                                                                        drawn due east from the southernmost tip
                                                                        of Possession Point on Whidbey Island to
                                                                        the shoreline.
    Seattle Traffic--003669957..........  156.250 MHz (Ch. 5A).......  The waters of the Strait of Juan de Fuca
                                                                        east of 124[deg]40' W. excluding the
                                                                        waters in the central portion of the
                                                                        Strait of Juan de Fuca north and east of
                                                                        Race Rocks; the navigable waters of the
                                                                        Strait of Georgia east of 122[deg]52'
                                                                        W.; the San Juan Island Archipelago,
                                                                        Rosario Strait, Bellingham Bay;
                                                                        Admiralty Inlet north of a line
                                                                        connecting Nodule Point and Bush Point
                                                                        and all waters east of Whidbey Island
                                                                        North of a line drawn due east from the
                                                                        southernmost tip of Possession Point on
                                                                        Whidbey Island to the shoreline.
    Tofino Traffic--003160012...........  156.725 MHz (Ch. 74).......  The waters west of 124[deg]40' W. within
                                                                        50 nautical miles of the coast of
                                                                        Vancouver Island including the waters
                                                                        north of 48[deg] N., and east of
                                                                        127[deg] W.
    Victoria Traffic--003160010.........  156.550 MHz (Ch. 11).......  The waters of the Strait of Georgia west
                                                                        of 122[deg]52' W., the navigable waters
                                                                        of the central Strait of Juan de Fuca
                                                                        north and east of Race Rocks, including
                                                                        the Gulf Island Archipelago, Boundary
                                                                        Pass and Haro Strait.
San Francisco--003669956:
    San Francisco Traffic...............  156.700 MHz (Ch. 14).......  The navigable waters of the San Francisco
                                                                        Offshore Precautionary Area, the
                                                                        navigable waters shoreward of the San
                                                                        Francisco Offshore Precautionary Area
                                                                        east of 122[deg]42.0' W. and north of
                                                                        37[deg]40.0' N. extending eastward
                                                                        through the Golden Gate, and the
                                                                        navigable waters of San Francisco Bay
                                                                        and as far east as the port of Stockton
                                                                        on the San Joaquin River, as far north
                                                                        as the port of Sacramento on the
                                                                        Sacramento River.

[[Page 55446]]

 
    San Francisco Traffic...............  156.600 MHz (Ch. 12).......  The navigable waters within a 38 nautical
                                                                        mile radius of Mount Tamalpais
                                                                        (37[deg]55.8' N., 122[deg]34.6' W.) west
                                                                        of 122[deg]42.0' W. and south of
                                                                        37[deg]40.0' N. and excluding the San
                                                                        Francisco Offshore Precautionary Area.
St. Marys River--003669953:
    Soo Traffic.........................  156.600 MHz (Ch. 12).......  The waters of the St. Marys River between
                                                                        45[deg]57' N. (De Tour Reef Light) and
                                                                        46[deg]38.7' N. (lle Parisienne Light),
                                                                        except the St. Marys Falls Canal and
                                                                        those navigable waters east of a line
                                                                        from 46[deg]04.16' N. and 46[deg]01.57'
                                                                        N. (La Pointe to Sims Point in
                                                                        Potagannissing Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship
  stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital
  selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in Sec.
  Sec.   161.21 and 164.46 of this subchapter. The requirements set forth in Sec.  Sec.   161.21 and 164.46 of
  this subchapter apply in those areas denoted with an MMSI number.
\2\ In the event of a communication failure, difficulties or other safety factors, the Center may direct or
  permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge
  navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 67), to the extent that doing so
  provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency,
  156.650 MHz (Ch. 13) is used in certain monitoring areas where the level of reporting does not warrant a
  designated frequency.
\3\ All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).
\4\ Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged
  to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are
  required to maintain watch as stated in 47 CFR 80.148.
\5\ In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of
  33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge
  radiotelephone by part 26 of this chapter.
\6\ Until otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River
  Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS
  frequency to request advisories, but are not required to monitor the VTS frequency in this sector.
\7\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
  waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own
  set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13),
  is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing
  arrangements on the designated monitoring frequencies.

* * * * *
    3. In Sec.  161.19, revise paragraph (f) to read as follows:


Sec.  161.19  Sailing Plan (SP).

* * * * *
    (f) Certain dangerous cargo on board or in its tow, as defined in 
Sec.  160.204 of this chapter.
    4. In Sec.  161.55, revise paragraph (b) and paragraph (c) 
introductory text to read as follows:


Sec.  161.55  Vessel Traffic Service Puget Sound and the Cooperative 
Vessel Traffic Service for the Juan de Fuca Region.

* * * * *
    (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS 
Special Area consists of all waters of the eastern San Juan Island 
Archipelago including: Rosario Strait bounded to the south by latitude 
48[deg]26'24'' N. (the center of the Precautionary Area ``RB'') 
extending from Lopez Island to Fidalgo Island, and to the north by 
latitude 48[deg]40'34'' N. (the center of the Precautionary Area ``C'') 
extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham 
Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of 
latitude 48[deg]38'25'' N.

    Note: The center of precautionary area ``R.B.'' is not marked by 
a buoy. All precautionary areas are depicted on National Oceanic and 
Atmospheric Administration (NOAA) nautical charts.

    (c) Additional VTS Special Area Operating Requirements. The 
following additional requirements are applicable in the Eastern San 
Juan Island Archipelago VTS Special Area:
* * * * *
    5. Add Sec.  161.70 to read as follows:


Sec.  161.70  Vessel Traffic Service Port Arthur.

    (a) The VTS area consists of the navigable waters of the U.S. to 
the limits of the territorial seas bound by the following points: 
30[deg]10' N. 92[deg]37' W., then south to 29[deg]10' N. 92[deg]37' W., 
then west to 29[deg]10 N. 93[deg]52'15'' W., then northwest to 
29[deg]33'42'' N. 94[deg]21'15'' W., then north to 30[deg]10' N. 
94[deg]21'15'' W. then east along the 30[deg]10' E. latitude to the 
origination point.

    Note: Although mandatory participation in VTS Port Arthur is 
limited to the area within the navigable waters of the United 
States, prospective users are encouraged to report at the safe water 
marks in order to facilitate vessel traffic management in the VTS 
Area and to receive advisories or navigational assistance.

    (b) Precautionary areas.

                              Table 161.70(b)--VTS Port Arthur Precautionary Areas
----------------------------------------------------------------------------------------------------------------
         Precautionary area name              Radius        Center point  latitude      Center point  longitude
----------------------------------------------------------------------------------------------------------------
Petco Bend \1\..........................           2,000  30[deg]00.80' N...........  093[deg]57.60' W.
Black Bayou \1\.........................           2,000  30[deg]00.00' N...........  093[deg]46.20' W.
Orange Cut \1\..........................           2,000  30[deg]03.25' N...........  093[deg]43.20' W.
Neches River Intersection \1\...........           2,000  29[deg]58.10' N...........  093[deg]51.25' W.
Texaco Island Intersection \1\..........           2,000  29[deg]49.40' N...........  094[deg]57.55' W.

[[Page 55447]]

 
Sabine-Neches Waterway..................             N/A   All waters of the Sabine-Neches Waterway between the
                                                              Texaco Island Precautionary Area and the Humble
                                                                         Island Precautionary Area.
----------------------------------------------------------------------------------------------------------------
\1\ Precautionary Area encompasses a circular area of the radius denoted around the center point with the
  exception of the Sabine-Neches Waterway.

     (c) Reporting points (Inbound).

                                            Table 161.70(c)--Inbound
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine Bank Channel    Sabine Bank Sea Buoy.  29[deg]25.00' N.,       Sailing Plan Report.
                      ``SB'' Buoy.                                  093[deg]40.00' W.
2..................  Sabine Pass Buoys      Sabine Pass Buoys      29[deg]35.90' N.,       .....................
                      ``29/30''.             ``29/30''.             093[deg]48.20' W.
3..................  Port Arthur Canal      Keith Lake...........  29[deg]46.50' N.,       .....................
                      Light ``43''.                                 093[deg]56.47' W.
4..................  North Forty GIWW Mile  North Forty..........  29[deg]56.40' N.,       .....................
                      279.                                          093[deg]52.10' W.
5..................  FINA Highline Neches   FINA Highline........  29[deg]59.10' N.,       .....................
                      River Light ``19''.                           093[deg]54.30' W.
6..................  Ready Reserve Fleet    Channel at Cove Mid-   30[deg]00.80' N.,       .....................
                      Highline.              Point.                 093[deg]59.90' W.
7..................  Sabine River MM 268..  268 Highline.........  30[deg]02.20' N.,       .....................
                                                                    093[deg]44.30' W.
----------------------------------------------------------------------------------------------------------------

    (d) Reporting points (Outbound).

                                            Table 161.70(d)--Outbound
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine River Light     Black Bayou..........  30[deg]00.00' N.,
                      ``2''.                                        093[deg]46.25' W.
2..................  Ready Reserve Fleet    Channel at Cove Mid-   30[deg]00.80' N.,
                      Highline.              Point.                 093[deg]59.90' W.
3..................  FINA Highline Neches   FINA Highline........  29[deg]59.09' N.,
                      River Light ``19''.                           093[deg]54.30' W.
4..................  GIWW Mile 285........  The School House.....  29[deg]52.70' N.,       Sector Shift.
                                                                    093[deg]55.55' W.
5..................  Port Arthur Canal      Keith Lake...........  29[deg]46.50' N.,
                      Light ``43''.                                 093[deg]56.47' W.
6..................  Sabine Pass Buoys      Sabine Pass Buoys      29[deg]35.90' N.,
                      ``29/30''.             ``29/30''.             093[deg]48.20' W.
7..................  Sabine Bank Channel    Sabine Bank Sea Buoy.  29[deg]25.00' N.,       Final Report.
                      ``SB'' Buoy.                                  093[deg]40.00' W.
----------------------------------------------------------------------------------------------------------------

    (e) Reporting points (Eastbound).

                                        Table 161.70(e)--Eastbound (ICW)
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  GIWW Mile 295........  ICW MM 295...........  29[deg]47.25' N.,       Sailing Plan Report.
                                                                    094[deg]01.10' W.
2..................  North Forty GIWW Mile  North Forty..........  29[deg]56.40' N.,
                      279.                                          093[deg]52.10' W.
3..................  Sabine River MM 268..  268 Highline.........  30[deg]02.20' N.,
                                                                    093[deg]44.30' W.
4..................  GIWW Mile 260........  260 Highline.........  30[deg]03.50' N.,       Final Report.
                                                                    093[deg]37.50' W.
----------------------------------------------------------------------------------------------------------------

    (f) Reporting points (Westbound).

                                        Table 161.70(f)--Westbound (ICW)
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  GIWW Mile 260........  260 Highline.........  30[deg]03.50' N.,       Sailing Plan Report.
                                                                    093[deg]37.50' W.
2..................  Sabine River Light     Black Bayou..........  30[deg]00.03' N.,
                      ``2''.                                        093[deg]46.18' W.
3..................  GIWW Mile 285........  The School House.....  29[deg]52.71' N.,       Sector Shift.
                                                                    093[deg]55.55' W.
4..................  GIWW Mile 295........  ICW MM 295...........  29[deg]46.20' N.,       Final Report.
                                                                    094[deg]02.60' W.
----------------------------------------------------------------------------------------------------------------

    (g) Reporting points (Offshore Safety Fairway).

[[Page 55448]]



                                    Table 161.70(g)--Offshore Safety Fairway
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine Pass Safety     East Dogleg..........  29[deg]35.00' N.,
                      Fairway--East.                                093[deg]28.00' W.
2..................  Sabine Pass Safety     West Dogleg..........  29[deg]28.00' N.,
                      Fairway--West.                                093[deg]58.00' W.
----------------------------------------------------------------------------------------------------------------


    Dated: September 4, 2012.
Mark E. Butt,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Capability.
[FR Doc. 2012-22164 Filed 9-7-12; 8:45 am]
BILLING CODE 9110-04-P
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