Vessel Traffic Service Updates, Including Establishment of Vessel Traffic Service Requirements for Port Arthur, Texas and Expansion of VTS Special Operating Area in Puget Sound, 51664-51673 [2013-20399]

Download as PDF 51664 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations (3) The name, initials or identification number of the person who weighed the feed, or if required by State law, the signature of the weigher; (4) The city and state in which the scale is located, and, if a facility has more than one scale on which feed is weighed, the identity of the scale; (5) The zero balance; provided that when using a vehicle scale to weigh feed for more than one producer or grower on the same multi-compartment truck, the preceding producer’s or grower’s gross weight can be used for the next producer’s or grower’s tare weight without printing a zero balance, and repeated until the unit is full; (6) The date and time zero balance was determined; (7) The gross weight, tare weight, and net weight of each lot assigned to an individual producer or grower, if applicable; (8) The date and time gross weight and, if applicable, tare weight, are determined; (9) The identification of each lot assigned to an individual producer or grower by vehicle or trailer compartment number and seal number, if applicable; (10) Whether the driver was on or off the truck at the time of weighing, if applicable; and (11) The license number or other identification numbers on the truck and trailer, if weighed together, or trailer if only the trailer is weighed, if applicable. ■ 3. Revise § 201.76 to read as follows: § 201.76 Reweighing. Stockyard owners, market agencies, dealers, packers, swine contractors and live poultry dealers must reweigh livestock, livestock carcasses, and live poultry or feed on request of any authorized representative of the Secretary. ■ 4. Revise § 201.82 to read as follows: mstockstill on DSK4VPTVN1PROD with RULES § 201.82 Care and promptness in weighing and handling livestock and live poultry. (a) Each stockyard owner, market agency, dealer, packer, swine contractor and live poultry dealer must exercise reasonable care and promptness with respect to loading, transporting, holding, yarding, feeding, watering, weighing, or otherwise handling livestock, or live poultry to prevent waste of feed, shrinkage, injury, death or other avoidable loss. (b) Whenever live poultry is obtained under a poultry growing arrangement and the weight of the live poultry is a factor in calculating payment to the grower, the poultry must be transported promptly after loading. The process of obtaining the gross weight must VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 commence immediately upon arrival at the processing plant, holding yard, or other scale normally used for such purpose. The process of obtaining the gross weight which may include, but is not limited to, fueling, uncoupling the trailer, changing the road tractor to a yard tractor or weighing the trailer only, must be conducted without delay; specifically, the time period between arrival and completion of the process of obtaining the gross weight must not exceed thirty (30) minutes. (c) Live poultry dealers must not place poultry from multiple growers on a single live poultry transport trailer or other live poultry transport equipment, creating what is commonly referred to as a ‘‘split load.’’ ■ 5. Amend § 201.108–1 to: ■ a. Revise the heading; ■ b. Revise the first sentence of the introductory text; ■ c. Revise paragraph (a)(1); ■ d. Remove paragraph (a)(7); ■ e. Add paragraphs (c)(1)(v) and (vi); ■ f. Add paragraph (d)(3); ■ g. Remove paragraph (e)(2) and redesignate paragraphs (e)(3) and (4) as paragraphs (e)(2) and (3). § 201.108–1 Instructions for weighing live poultry or feed. Live poultry dealers who operate scales on which live poultry or feed is weighed for purposes of purchase, sale, acquisition, or settlement are responsible for the accurate weighing of such poultry or feed. * * * (a) * * * (1) The scale must be maintained in zero balance at all times. The empty scale must be balanced each day before weighing begins and thereafter the scale must be balanced; and the zero balance, the time and date the empty scale was balanced must be mechanically printed on the scale ticket or other basic transaction record before any poultry or feed is weighed. In addition, the zero balance of the scale must be verified whenever a weigher resumes weighing duties after an absence from the scale. * * * * * (c) * * * (1) * * * (v) A feed hopper attached to an electronic digital scale must be empty of feed and the electronic digital scale must be balanced at zero prior to first weighment for each grower or per truckload, whichever is applicable. The date and time that the empty hopper scale is balanced with proof of the zero balance must be mechanically printed on the scale ticket or other permanent record that must be attached to the grower’s copy of the scale ticket. (vi) An onboard weighing system must be level and locked in position PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 and zero balanced prior to weighing. The date and time the onboard scale is balanced with proof of the zero balance must be mechanically printed on the scale ticket or other permanent record that must be attached to the grower’s copy of the scale ticket. When more than one grower’s feed is weighed, the preceding grower’s gross weight can be used for the next grower’s tare weight, and can be repeated until the unit is full. * * * * * (d) * * * (3) When returned feed from a contract poultry grower is picked up and weighed on an onboard weighing system, the weight of the feed must be recorded and a ticket printed. That weight must be used as the tare weight when feed from another contract poultry grower is picked up on the same load. The procedure must be followed each time another grower’s feed is added to the load. * * * * * Marianne Plaus, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2013–20320 Filed 8–20–13; 8:45 am] BILLING CODE 3410–KD–P 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, Texas and Expansion of VTS Special Operating Area in Puget Sound Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is revising and updating the Vessel Traffic Service (VTS) regulations in 33 CFR Part 161. The revision makes participation in the VTS in Port Arthur, TX mandatory and expands it to include Lake Charles, LA; consolidates and expands a VTS Special Area in Puget Sound, WA; adds the designated frequencies for the Maritime Mobile Service Identifiers (MMSIs) for Louisville, KY and Los Angeles/Long Beach, CA; and updates the definitions and references in Sailing Plan requirements. The changes made by this rule will align regulations with the current operating procedures of the SUMMARY: E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations VTSs affected, with the benefit of creating regulatory efficiency. DATES: This final rule is effective September 20, 2013. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011–1024 and are available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG–2011–1024 in the ‘‘Search’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Mike Sollosi, Office of Navigation Systems (CG–NAV), Coast Guard; telephone 202–372–1545, email Mike.M.Sollosi@uscg.mil. If you have questions on viewing the docket, call Ms. Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Basis and Purpose III. Background IV. Regulatory History V. Discussion of Comments and Changes VI. 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 mstockstill on DSK4VPTVN1PROD with RULES I. Abbreviations AIS Automatic Identification System FR Federal Register MMSI Maritime Mobile Service Identifier 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 SNPRM Supplemental notice of proposed rulemaking VMRS Vessel Movement Reporting System VTM Vessel Traffic Management VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 VTS Vessel Traffic Service II. Basis and Purpose This final rule is issued, pursuant to the Ports and Waterways Safety Act (PWSA) (33 U.S.C. 1221 et seq.), to establish VTSs in the United States. Title I of the PWSA authorizes the Secretary of Homeland Security (Secretary) to promulgate regulations to establish and maintain VTSs consisting of measures for controlling or supervising vessel traffic to protect the marine environment. As amended by section 4107(a)(1) and (2) of the Oil Pollution Act of 1990 (33 U.S.C. 1223(a)(1) and (2)), the PWSA gives the Secretary the authority to create, operate and expand VTSs and to make participation in the VTS mandatory for appropriate vessels. This final rule changes VTS Port Arthur from a voluntary compliance system to a mandatory compliance system and also expands the VTS Port Arthur area to include Lake Charles, LA. The Coast Guard decided on this course of action due to the findings of the Port and Waterways Safety Assessments (PAWSAs) that were conducted in Port Arthur, TX in 1999 and in Lake Charles, LA in 2000, which indicated that a VTS is a necessary risk mitigation tool. Additionally, due to increased vessel traffic in Puget Sound, WA, this final rule modifies and expands the current VTS Special Area to include the waters of Bellingham Bay, western Padilla Bay and the Saddlebag route that is located east of Guemes Island, in the vicinity of Vendovi Island. Those categories of vessels, defined in 33 CFR 161.16 and 161.55, that operate in this single consolidated VTS Special Area will be subject to the VTS Special Area operating requirements of 33 CFR 161.13. Finally, this rule makes two minor updates to the VTS regulations in 33 CFR 161.12 and 161.19, respectively. The first update adds Marine Mobile Service Identifier (MMSI) numbers for VTSs Los Angeles/Long Beach and Louisville. As described in footnote 1 of Table 161.12(c), an MMSI is a unique nine-digit number assigned to 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 Automatic Identification System (AIS). In short, an MMSI number is essentially a call sign that mariners use to identify those stations. The first update also amends footnote 1 of Table 161.12(c) for the purpose of establishing that the addition of MMSI numbers to VTSs Louisville and Los Angeles-Long Beach does not, through PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 51665 this rulemaking, impose AIS equipment carriage requirements for vessels operating in those areas for the reasons explained under the ‘‘Regulatory History’’ of this preamble. The second update, an edit to Sailing Plan requirements in 33 CFR 161.19, replaces an outdated reference to Dangerous cargo with an updated reference to Certain dangerous cargo, as defined in 33 CFR 160.204. 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 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, help establish 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. A major outcome of the NDG was the development of the 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. The PAWSA process 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 riskmitigation measures are selected. The Coast Guard has conducted 47 PAWSA workshops in U.S. ports since 1999, when the PAWSA process was developed, including one in Port Arthur, TX, on September 21–23, 1999, and one in Lake Charles, LA, on April 25–26, 2000. The Port Arthur, TX and Lake Charles, LA PAWSA reports are publicly available on the NAVCEN Web E:\FR\FM\21AUR1.SGM 21AUR1 mstockstill on DSK4VPTVN1PROD with RULES 51666 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations site at http://www.navcen.uscg.gov/ ?pageName=pawsaFinalReports and in the docket for this rulemaking (USCG– 2011–1024). Based on the mitigation recommendations contained in these PAWSA reports, as well as the existence of port infrastructure to support VTS efforts, the Coast Guard determined that Port Arthur, TX and Lake Charles, LA have a valid need for a Coast Guardoperated 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. Installation of the VTS system in Port Arthur, TX began in 2004 and finished in February 2006. Although this rule changes VTS Port Arthur from a voluntary system to a mandatory compliance system for vessels transiting VTS Port Arthur, it does not alter vessel operations nor impose new costs on industry or the Coast Guard because, under 33 CFR 164.46(a)(3), all vessels which would be affected by changing VTS Port Arthur to a mandatory VTS system are already required to be equipped with 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 Table 161.12(c) in 33 CFR 161.12; we have determined that changing VTS Port Arthur to a mandatory VTS will not alter current vessel operations or impose new costs on either the industry or the Coast Guard. This final rule also expands the currently voluntary VTS Port Arthur area to include Lake Charles, LA. The 2000 Lake Charles PAWSA study supported the establishment of a VTS in Lake Charles, LA. Coast Guard data pertaining to commercial vessel activities indicate that commercial vessels that transit the expansion area of Lake Charles, LA also satisfy the AIS carriage requirements established under 33 CFR 164.46(a)(3). In addition to making participation in VTS Port Arthur mandatory, this final rule consolidates and expands the two VTS Special Areas in Puget Sound, WA. 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 typically institutes a VTS Special Area when geographic or other conditions, such as a concentration of vessels or vessels carrying particularly hazardous VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 cargoes, make a portion of the waterway an inherently dangerous navigational area. When the federal regulations for vessel traffic services were first implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard instituted two VTS Special Areas within VTS Puget Sound. These VTS Special Areas serve to avoid having large vessels impeding, meeting, overtaking or crossing each other in the constricted waters between the San Juan Islands in Puget Sound, WA. In addition to the two existing VTS Special Areas in Puget Sound, special operating requirements have traditionally been issued in the expansion area by VTS Puget Sound due to the relatively restricted nature of these waters. This final rule incorporates the waters of the two existing VTS Special Areas and the waters currently covered by these special operating requirements into a single consolidated VTS Special Area. Because this final rule consolidates existing vessel operating procedures within VTS Puget Sound, the Coast Guard does not anticipate that the expansion of this VTS Special Area will alter current vessel operations or impose new regulatory costs on industry. The consolidation simplifies compliance with these traffic management requirements by consolidating them into one. and 164.46 of this subchapter and generally apply in those areas denoted with an MMSI number. However, because we did not intend to impose AIS carriage requirements through this rulemaking for VTS Louisville and VTS Los Angeles/Long Beach, we amended footnote 1 of Table 161.12(c) to specifically remove AIS requirements for vessels operating in those VTS areas. We received no comments on the NPRM or on the correction. No public meeting was requested and none was held. IV. Regulatory History On September 10, 2012, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register entitled, ‘‘Vessel Traffic Service Updates, Including Establishment of Vessel Traffic Service Requirements for Port Arthur, Texas and Expansion of VTS Special Operating Area in Puget Sound’’ (77 FR 55439). The Coast Guard followed the publication of the NPRM with a correction on October 18, 2012 with the same title (77 FR 64076). In the correction, we explained that because adding MMSI designations to VTS Louisville and VTS Los Angeles-Long Beach would prematurely 1 impose AIS equipment costs for owners and operators of the vessel types identified in 33 CFR 164.46(a)(3), the Coast Guard was issuing a correction in order to remove AIS carriage equipment requirements for vessels operating in those two Vessel Traffic Service (VTS) areas. AIS carriage equipment requirements are set forth in §§ 161.21 V. Discussion of Comments and Changes We did not receive any comments or requests for a public meeting during the NPRM’s 90-day comment period that ended on December 10, 2012. After publication of the NPRM, we noticed that the coordinates of the monitoring areas printed in regulations at Table 161.12(c), and §§ 161.55 and 161.70 are formatted inconsistently. In this final rule, therefore, we are reformatting the coordinates contained in Table 161.12(c) and §§ 161.55 and 161.70 so that all coordinates are consistently represented in a format that includes ‘‘degree-minute-decimal.’’ Additionally, we are reformatting an entry in Table 161.12(c) specific to the St. Mary’s River for greater clarity. This reformatting does not alter the location or position of the monitoring area specific to the St. Mary’s River. As an example to show this, we have uploaded a chart of the St. Mary’s River from De Tour Passage to Munuscong Lake to the public docket. Because none of the changes to the coordinates in Table 161.12(c) and §§ 161.55 and 161.70 alter the location or position of any of the monitoring areas set forth in regulation, the changes are not substantive. A supplemental notice of proposed rulemaking (SNPRM) is, therefore, unnecessary and would delay completion of this rulemaking. Thus, we find good cause under 5 U.S.C. 552(b)(B) to proceed with publication of this final rule without an SNPRM. Other than these formatting corrections to the coordinates listed in the monitoring areas under Table 161.12(c) and §§ 161.55 and 161.70, no changes to the rule have been made and the text of the final rule is the same as the text in the NPRM and in the correction to the NPRM. For a complete discussion of the rule, please see the discussion included in the NPRM at 77 FR 55439. 1 On December 16, 2008, the Coast Guard published a NPRM entitled Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System. In this NPRM, the Coast Guard proposes to expand AIS applicability to all U.S. navigable waters. (73 FR 76295). VI. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations 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 final rule has not been designated a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866. Accordingly, the final rule has not been reviewed by the Office of Management and Budget. We received no public comments, additional information, or data that would alter our assessment of the NPRM. Therefore, we adopt the Preliminary Regulatory Analysis for the NPRM as final. A summary of the analysis follows: This final rule establishes mandatory participation for the VTS area in Port Arthur, TX, and includes Lake Charles, LA as part of this VTS area. This rule also consolidates and expands the VTS Special Areas in the area of Puget Sound, WA to include Bellingham 51667 Channel, western Padilla Bay and the Saddlebag route east of Guemes Island. The VTS in Port Arthur, TX was installed in 2004 and became fully operational in February 2006. Currently VTS Port Arthur operates as a voluntary system. This rule makes participation in the VTS mandatory for all vessels that are required to carry AIS equipment. 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. 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, on international voyages. 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 of 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 Vessel Movement Reporting System (VMRS). Yes, when operating in a VTS or VMRS. Yes, when operating in a VTS or VMRS. No. December 31, 2004. mstockstill on DSK4VPTVN1PROD with RULES Fishing vessels ..................................................................................................... The principal benefits of changing VTS participation from voluntary to mandatory will be to codify current practices and to provide VTS Port Arthur with full VTS authorities to direct and manage traffic. The final rule also consolidates and slightly expands the current VTS Special Area in the VTS Puget Sound area. This rule expands the zone in which VTS personnel control entry into and movement within the Special Area. VTS Puget Sound has imposed operating conditions in this consolidated VTS Special Area since the VTS national regulations were established in 1994. The final rule simply codifies into regulation the current practices already in place in the consolidated VTS Special Area and will not result in additional requirements for vessels. Due to the constricted waters within the San Juan Islands, special operating requirements have been instituted since the VTS national regulations were first implemented in 1994 to avoid the risk VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 of large vessels meeting, overtaking or crossing in this area. VTS Puget Sound has consistently issued measures or directions to enhance navigation and vessel safety by imposing special operating requirements for all 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 relatively restricted nature of these waters. Therefore, we do not expect that the expansion of this VTS Special Area will alter vessel operations. Other minor administrative changes include updating the table in 33 CFR 161.12(c) to include the MMSI numbers for VTS Los Angeles/Long Beach and VTS Louisville. Updating the table to add these MMSI numbers will not result in any costs for vessel owners or operators, because this final rule revises Note 1 to Table 161.12(c) to specifically exclude users of VTS Louisville and VTS Los Angeles/Long Beach from AIS carriage equipment requirements. This final rule also amends 33 CFR 161.19(f) PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Compliance date December 31, 2004. December 31, 2004. by changing the reference from ‘‘Dangerous cargo . . . as defined in 33 CFR 160.203’’ to ‘‘Certain dangerous cargo . . . as defined in 33 CFR 160.204.’’ The final rule also removes 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 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. The AIS carriage requirements were implemented by a prior regulation in 33 CFR 164.46, and all vessels which will E:\FR\FM\21AUR1.SGM 21AUR1 51668 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations 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, WA merely codifies current operational practices, and will result in no additional equipment requirements. As a result, we expect that this final rule will not impose additional costs on vessel owners and operators transiting within the VTS areas of either Port Arthur, TX or Puget Sound, WA. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking. 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 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 rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Vessels affected by this rule will already be covered under OMB collection of information 1625–0112. mstockstill on DSK4VPTVN1PROD with RULES 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 described in the Executive Order. Our analysis 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. By 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 pilots’ associations, vessel operators, VTS users, and all affected stakeholders, using Port and Waterways Safety Assessments. 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 PWSA, Congress intended to preempt the field of vessel traffic services in United States ports and waterways. Therefore, the regulations 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 final 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. The Coast Guard invited 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. We received no comments. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. H. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations 51669 L. Technical Standards M. Environment List of Subjects in 33 CFR Part 161 The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2–1, paragraphs (34)(a) and (i) of the Instruction. This rule involves administrative changes, changing regulations in aid of navigation, and updating vessel traffic services. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. Harbors, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 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 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°45.00′ N., west of 91°10.00′ W., north of 29°37.00′ N., and east of 91°18.00′ W. Buzzards Bay: Buzzards Bay Control 5 ................. 156.600 MHz (Ch. 12) ... Houston-Galveston—003669954 ......... ......................................... 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 waters east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°27.20′ N., longitude 70°11.70′ W., to the Buzzards Bay Entrance Light in approximate position latitude 41°23.50′ N., longitude 71°02.00′ W., and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°24.60′ N., longitude 70°57.00′ 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°00.00′ N., west of 94°20.00′ W., south of 29°49.00′ N., and east of 95°20.00′ 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 Traffic .............................. 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°42.30′ N., 118°17.60′ 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 ...................... mstockstill on DSK4VPTVN1PROD with RULES Center MMSI 1 Call Sign 156.550 MHz (Ch. 11) ... New Orleans Traffic ...................... 156.600 MHz .................. (Ch. 12) .......................... The navigable waters of the Lower Mississippi River below 29°55.30′ N., 89°55.60′ 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°54.30′ N., 89°25.70′ 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°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.30′ N., 89°55.60′ W. (Saxonholm Light) at 86.0 miles AHP. VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 PO 00000 Frm 00021 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.). Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 51670 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued Designated frequency (Channel designation)— purpose 2 Center MMSI 1 Call Sign New Orleans Traffic ...................... New York—003669951: New York Traffic ........................... 156.250 MHz .................. (Ch. 05A) ........................ The navigable waters of the Lower Mississippi River below 30°38.70′ N., 91°17.50′ W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP. 156.550 MHz .................. (Ch. 11) .......................... —For Sailing Plans only. 156.600 MHz (Ch. 12). ......................... —For vessels at anchor. 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°25.00′ 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°41.90′ 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°43.70′ N., longitude 74°01.60′ 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°25.00′ 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°26.00′ 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. 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 ................................ Puget Sound: 7 Seattle Traffic—003669957 .......... The navigable waters south of 61°05.00′ N., east of 147°20.00′ W., north of 60°00.00′ N., and west of 146°30.00′ W.; and, all navigable waters in Port Valdez. 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. The waters of the Strait of Juan de Fuca east of 124°40.00′ 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°52.00′ 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°40.00′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48°00.00′ N., and east of 127°00.00′ W. mstockstill on DSK4VPTVN1PROD with RULES 156.250 MHz .................. (Ch. 5A) .......................... Tofino Traffic—003160012 ........... 156.725 MHz .................. (Ch. 74) .......................... 16:02 Aug 20, 2013 The navigable waters of the Sabine-Neches Canal south of 29°52.70′ 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 SabineNeches Waterway north of 29°52.70′ 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. 156.650 MHz .................. (CH. 13) .......................... Seattle Traffic—003669957 .......... VerDate Mar<15>2010 Monitoring Area 3 4 Jkt 229001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations 51671 TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued Designated frequency (Channel designation)— purpose 2 Center MMSI 1 Call Sign Victoria Traffic—003160010 ......... San Francisco—003669956: San Francisco Traffic .................... San Francisco Traffic .................... St. Mary’s River—003669953: Soo Traffic .................................... Monitoring Area 3 4 156.550 MHz .................. (Ch. 11) .......................... The waters of the Strait of Georgia west of 122°52.00′ 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. 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°42.00′ W. and north of 37°40.00′ 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. The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.80′ N., 122°34.60′ W.) west of 122°42.00′ W. and south of 37°40.00′ N. and excluding the San Francisco Offshore Precautionary Area. 156.600 MHz .................. (Ch. 12) .......................... 156.600 MHz .................. (Ch. 12) .......................... The waters of the St. Mary’s River and lower Whitefish Bay from 45°57.00′ N. (De Tour Reef Light) to the south, to 46°38.70′ N. (Ile Parisienne Light) to the north, except the waters of the St. Mary’s Falls Canal and to the east along a line from La Pointe to Sims Point, within 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, except for Louisville and Los Angeles/Long Beach. 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 subchapter. ■ 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. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (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°26.40′ N. (the center of the VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 Precautionary Area ‘‘RB’’) extending from Lopez Island to Fidalgo Island, and to the north by latitude 48°40.57′ 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°38.42′N. Note: The center of precautionary area ‘‘RB’’ 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: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 § 161.70 Vessel Traffic Service Port Arthur. (a) The VTS area consists of the navigable waters of the United States to the limits of the territorial seas bound by the following points: 30°10.00′ N., 92°37.00′ W.; then south to 29°10.00′ N., 92°37.00′ W.; then west to 29°10.00′ N., 93°52.25′ W.; then northwest to 29°33.70′ N., 94°21.25′ W.; then north to 30°10.00′ N., 94°21.25′ W.; then east along the 30°10′ N. 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. E:\FR\FM\21AUR1.SGM 21AUR1 51672 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations 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) ..................................................................................................... 2000 2000 2000 2000 2000 Center point latitude Radius Sabine-Neches Waterway ......................................................................................................... N. N. N. N. N. Center point longitude yds yds yds yds yds 30°00.80′ 30°00.00′ 30°03.25′ 29°58.10′ 29°49.40′ 93°57.60′ 93°46.20′ 93°43.20′ 93°51.25′ 94°57.55′ W. W. W. W. W. 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 Designator Geographic name Geographic description 1 ............... Sabine Bank Channel ‘‘SB’’ Buoy .............. Sabine Bank Sea Buoy .............................. 2 ............... Sabine Pass Buoys ‘‘29/30’’ ....................... Sabine Pass Buoys ‘‘29/30’’ ....................... 3 ............... Port Arthur Canal Light ‘‘43’’ ...................... Keith Lake ................................................... 4 ............... North Forty GIWW Mile 279 ....................... North Forty .................................................. 5 ............... FINA Highline Neches River Light ‘‘19’’ ..... FINA Highline ............................................. 6 ............... Ready Reserve Fleet Highline ................... Channel at Cove Mid-Point ........................ 7 ............... Sabine River MM 268 ................................. 268 Highline ................................................ Latitude/ longitude 29°25.00′ 93°40.00′ 29°35.90′ 93°48.20′ 29°46.50′ 93°56.47′ 29°56.40′ 93°52.10′ 29°59.10′ 93°54.30′ 30°00.80′ 93°59.90′ 30°02.20′ 93°44.30′ N. W. N. W. N. W. N. W. N. W. N. W. N. W. Notes Sailing Plan Report (d) Reporting points (Outbound). TABLE 161.70(D)—OUTBOUND Geographic name Geographic description 1 ............... Sabine River Light ‘‘2’’ ................................ Black Bayou ................................................ 2 ............... Ready Reserve Fleet Highline ................... Channel at Cove Mid-Point ........................ 3 ............... FINA Highline Neches River Light ‘‘19’’ ..... FINA Highline ............................................. 4 ............... GIWW Mile 285 .......................................... The School House ...................................... 5 ............... Port Arthur Canal Light ‘‘43’’ ...................... Keith Lake ................................................... 6 ............... Sabine Pass Buoys ‘‘29/30’’ ....................... Sabine Pass Buoys ‘‘29/30’’ ....................... 7 ............... mstockstill on DSK4VPTVN1PROD with RULES Designator Sabine Bank Channel ‘‘SB’’ Buoy .............. Sabine Bank Sea Buoy .............................. Latitude/ longitude 30°00.00′ 93°46.25′ 30°00.80′ 93°59.90′ 29°59.09′ 93°54.30′ 29°52.70′ 93°55.55′ 29°46.50′ 93°56.47′ 29°35.90′ 93°48.20′ 29°25.00′ 93°40.00′ (e) Reporting points (Eastbound). VerDate Mar<15>2010 16:02 Aug 20, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 N. W. N. W. N. W. N. W. N. W. N. W. N. W. Notes Sector Shift Final Report 51673 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Rules and Regulations TABLE 161.70(e)—EASTBOUND (ICW) Latitude/ longitude Designator Geographic name Geographic description 1 ............... GIWW Mile 295 .......................................... ICW MM 295 .............................................. 2 ............... North Forty GIWW Mile 279 ....................... North Forty .................................................. 3 ............... Sabine River MM 268 ................................. 268 Highline ................................................ 4 ............... GIWW Mile 260 .......................................... 260 Highline ................................................ 29°47.25′ 94°01.10′ 29°56.40′ 93°52.10′ 30°02.20′ 93°44.30′ 30°03.50′ 93°37.50′ N. W. N. W. N. W. N. W. Notes Sailing Plan Report. Final Report. (f) Reporting points (Westbound). TABLE 161.70(f)—WESTBOUND (ICW) Latitude/ longitude Designator Geographic name Geographic description 1 ............... GIWW Mile 260 .......................................... 260 Highline ................................................ 2 ............... Sabine River Light ‘‘2’’ ................................ Black Bayou ................................................ 3 ............... GIWW Mile 285 .......................................... The School House ...................................... 4 ............... GIWW Mile 295 .......................................... ICW MM 295 .............................................. 30°03.50′ 93°37.50′ 30°00.03′ 93°46.18′ 29°52.71′ 93°55.55′ 29°46.20′ 94°02.60′ N. W. N. W. N. W. N. W. Notes Sailing Plan Report. Sector Shift. Final Report. (g) Reporting points (Offshore Safety Fairway). TABLE 161.70(g)—OFFSHORE SAFETY FAIRWAY Latitude/ longitude Designator Geographic name Geographic description 1 ............... Sabine Pass Safety Fairway—East ........... East Dogleg ................................................ 2 ............... Sabine Pass Safety Fairway—West .......... West Dogleg ............................................... Dated: August 14, 2013. Scott J. Smith, Captain, U.S. Coast Guard, Acting Director, Marine Transportation Systems. [FR Doc. 2013–20399 Filed 8–20–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS Effective Date: This final rule is effective August 21, 2013. DATES: 38 CFR Parts 51, 52, and 58 Technical Changes To Remove Forms Department of Veterans Affairs. Final rule. mstockstill on DSK4VPTVN1PROD with RULES AGENCY: The Department of Veterans Affairs (VA) is making technical changes to remove from its regulations a series of forms related to VA payments for care provided to veterans at State homes. Official forms are not required to SUMMARY: VerDate Mar<15>2010 16:02 Aug 20, 2013 Jo Anne Parker, Geriatrics and Extended Care Service (10NC4), Veterans Health Administration, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461– 1785. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On January 6, 2000, VA added 38 CFR part 58 to the Code of Federal Regulations (CFR) for the express purpose of making it easier to find the forms required by 38 CFR part 51, Per Diem for Nursing Home Care of Veterans in State Homes. FOR FURTHER INFORMATION CONTACT: RIN 2900–AO69 ACTION: be reproduced in the Code of Federal Regulations (CFR), and all VA forms are more readily available on VA Web sites. Removing these forms from the CFR is an administrative action and will not impact the ability of the public to comment on any amendments to the information collections contained in these forms. Jkt 229001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 29°35.00′ 93°28.00′ 29°28.00′ 93°58.00′ Notes N. W. N. W. 65 FR 962, Jan. 6, 2000. Since that time, VA, State home program participants and administrators, and the general public have increasingly come to rely on VA’s Publications Web site (http:// www.va.gov/vaforms) as the primary resource for VA forms. Most of the forms in part 58 are used by the State homes in order to comply with VA regulations in 38 CFR parts 51 and 52. All of these State homes have Internet access, and the forms are also available at all VA medical centers. In addition, several forms currently found in part 58 have been superseded, and the current forms are readily available for printing, downloading, or online submission on the VA Publications Web site. Updated versions are available on the Web site immediately—whereas the CFR is updated only once per year. Removing the forms from the CFR will ensure that the CFR does not reference and depict outdated forms. We are, therefore, E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Rules and Regulations]
[Pages 51664-51673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20399]


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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, Texas and Expansion of 
VTS Special Operating Area in Puget Sound

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising and updating the Vessel Traffic 
Service (VTS) regulations in 33 CFR Part 161. The revision makes 
participation in the VTS in Port Arthur, TX mandatory and expands it to 
include Lake Charles, LA; consolidates and expands a VTS Special Area 
in Puget Sound, WA; adds the designated frequencies for the Maritime 
Mobile Service Identifiers (MMSIs) for Louisville, KY and Los Angeles/
Long Beach, CA; and updates the definitions and references in Sailing 
Plan requirements. The changes made by this rule will align regulations 
with the current operating procedures of the

[[Page 51665]]

VTSs affected, with the benefit of creating regulatory efficiency.

DATES: This final rule is effective September 20, 2013.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-1024 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2011-1024 in the ``Search'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Mike Sollosi, Office of Navigation Systems (CG-NAV), 
Coast Guard; telephone 202-372-1545, email Mike.M.Sollosi@uscg.mil. If 
you have questions on viewing the docket, call Ms. Barbara Hairston, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose
III. Background
IV. Regulatory History
V. Discussion of Comments and Changes
VI. 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. Abbreviations

AIS Automatic Identification System
FR Federal Register
MMSI Maritime Mobile Service Identifier
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
SNPRM Supplemental notice of proposed rulemaking
VMRS Vessel Movement Reporting System
VTM Vessel Traffic Management
VTS Vessel Traffic Service

II. Basis and Purpose

    This final rule is issued, pursuant to the Ports and Waterways 
Safety Act (PWSA) (33 U.S.C. 1221 et seq.), to establish VTSs in the 
United States. Title I of the PWSA authorizes the Secretary of Homeland 
Security (Secretary) to promulgate regulations to establish and 
maintain VTSs consisting of measures for controlling or supervising 
vessel traffic to protect the marine environment. As amended by section 
4107(a)(1) and (2) of the Oil Pollution Act of 1990 (33 U.S.C. 
1223(a)(1) and (2)), the PWSA gives the Secretary the authority to 
create, operate and expand VTSs and to make participation in the VTS 
mandatory for appropriate vessels.
    This final rule changes VTS Port Arthur from a voluntary compliance 
system to a mandatory compliance system and also expands the VTS Port 
Arthur area to include Lake Charles, LA. The Coast Guard decided on 
this course of action due to the findings of the Port and Waterways 
Safety Assessments (PAWSAs) that were conducted in Port Arthur, TX in 
1999 and in Lake Charles, LA in 2000, which indicated that a VTS is a 
necessary risk mitigation tool.
    Additionally, due to increased vessel traffic in Puget Sound, WA, 
this final rule modifies and expands the current VTS Special Area to 
include the waters of Bellingham Bay, western Padilla Bay and the 
Saddlebag route that is located east of Guemes Island, in the vicinity 
of Vendovi Island. Those categories of vessels, defined in 33 CFR 
161.16 and 161.55, that operate in this single consolidated VTS Special 
Area will be subject to the VTS Special Area operating requirements of 
33 CFR 161.13.
    Finally, this rule makes two minor updates to the VTS regulations 
in 33 CFR 161.12 and 161.19, respectively. The first update adds Marine 
Mobile Service Identifier (MMSI) numbers for VTSs Los Angeles/Long 
Beach and Louisville. As described in footnote 1 of Table 161.12(c), an 
MMSI is a unique nine-digit number assigned to 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 Automatic Identification System (AIS). In short, an 
MMSI number is essentially a call sign that mariners use to identify 
those stations. The first update also amends footnote 1 of Table 
161.12(c) for the purpose of establishing that the addition of MMSI 
numbers to VTSs Louisville and Los Angeles-Long Beach does not, through 
this rulemaking, impose AIS equipment carriage requirements for vessels 
operating in those areas for the reasons explained under the 
``Regulatory History'' of this preamble. The second update, an edit to 
Sailing Plan requirements in 33 CFR 161.19, replaces an outdated 
reference to Dangerous cargo with an updated reference to Certain 
dangerous cargo, as defined in 33 CFR 160.204.

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 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, help establish 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.
    A major outcome of the NDG was the development of the 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. The PAWSA 
process 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 1999, when the PAWSA process was developed, including one in Port 
Arthur, TX, on September 21-23, 1999, and one in Lake Charles, LA, on 
April 25-26, 2000. The Port Arthur, TX and Lake Charles, LA PAWSA 
reports are publicly available on the NAVCEN Web

[[Page 51666]]

site at http://www.navcen.uscg.gov/?pageName=pawsaFinalReports and in 
the docket for this rulemaking (USCG-2011-1024). Based on the 
mitigation recommendations contained in these PAWSA reports, as well as 
the existence of port infrastructure to support VTS efforts, the Coast 
Guard determined that Port Arthur, TX and Lake Charles, LA 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. Installation of 
the VTS system in Port Arthur, TX began in 2004 and finished in 
February 2006.
    Although this rule changes VTS Port Arthur from a voluntary system 
to a mandatory compliance system for vessels transiting VTS Port 
Arthur, it does not alter vessel operations nor impose new costs on 
industry or the Coast Guard because, under 33 CFR 164.46(a)(3), all 
vessels which would be affected by changing VTS Port Arthur to a 
mandatory VTS system are already required to be equipped with 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 Table 
161.12(c) in 33 CFR 161.12; we have determined that changing VTS Port 
Arthur to a mandatory VTS will not alter current vessel operations or 
impose new costs on either the industry or the Coast Guard. This final 
rule also expands the currently voluntary VTS Port Arthur area to 
include Lake Charles, LA. The 2000 Lake Charles PAWSA study supported 
the establishment of a VTS in Lake Charles, LA. Coast Guard data 
pertaining to commercial vessel activities indicate that commercial 
vessels that transit the expansion area of Lake Charles, LA also 
satisfy the AIS carriage requirements established under 33 CFR 
164.46(a)(3).
    In addition to making participation in VTS Port Arthur mandatory, 
this final rule consolidates and expands the two VTS Special Areas in 
Puget Sound, WA. 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 typically institutes a VTS Special Area when 
geographic or other conditions, such as a concentration of vessels or 
vessels carrying particularly hazardous cargoes, make a portion of the 
waterway an inherently dangerous navigational area.
    When the federal regulations for vessel traffic services were first 
implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard 
instituted two VTS Special Areas within VTS Puget Sound. These VTS 
Special Areas serve to avoid having large vessels impeding, meeting, 
overtaking or crossing each other in the constricted waters between the 
San Juan Islands in Puget Sound, WA. In addition to the two existing 
VTS Special Areas in Puget Sound, special operating requirements have 
traditionally been issued in the expansion area by VTS Puget Sound due 
to the relatively restricted nature of these waters. This final rule 
incorporates the waters of the two existing VTS Special Areas and the 
waters currently covered by these special operating requirements into a 
single consolidated VTS Special Area. Because this final rule 
consolidates existing vessel operating procedures within VTS Puget 
Sound, the Coast Guard does not anticipate that the expansion of this 
VTS Special Area will alter current vessel operations or impose new 
regulatory costs on industry. The consolidation simplifies compliance 
with these traffic management requirements by consolidating them into 
one.

IV. Regulatory History

    On September 10, 2012, the Coast Guard published a notice of 
proposed rulemaking (NPRM) in the Federal Register entitled, ``Vessel 
Traffic Service Updates, Including Establishment of Vessel Traffic 
Service Requirements for Port Arthur, Texas and Expansion of VTS 
Special Operating Area in Puget Sound'' (77 FR 55439). The Coast Guard 
followed the publication of the NPRM with a correction on October 18, 
2012 with the same title (77 FR 64076). In the correction, we explained 
that because adding MMSI designations to VTS Louisville and VTS Los 
Angeles-Long Beach would prematurely \1\ impose AIS equipment costs for 
owners and operators of the vessel types identified in 33 CFR 
164.46(a)(3), the Coast Guard was issuing a correction in order to 
remove AIS carriage equipment requirements for vessels operating in 
those two Vessel Traffic Service (VTS) areas. AIS carriage equipment 
requirements are set forth in Sec. Sec.  161.21 and 164.46 of this 
subchapter and generally apply in those areas denoted with an MMSI 
number. However, because we did not intend to impose AIS carriage 
requirements through this rulemaking for VTS Louisville and VTS Los 
Angeles/Long Beach, we amended footnote 1 of Table 161.12(c) to 
specifically remove AIS requirements for vessels operating in those VTS 
areas. We received no comments on the NPRM or on the correction. No 
public meeting was requested and none was held.
---------------------------------------------------------------------------

    \1\ On December 16, 2008, the Coast Guard published a NPRM 
entitled Vessel Requirements for Notices of Arrival and Departure, 
and Automatic Identification System. In this NPRM, the Coast Guard 
proposes to expand AIS applicability to all U.S. navigable waters. 
(73 FR 76295).
---------------------------------------------------------------------------

V. Discussion of Comments and Changes

    We did not receive any comments or requests for a public meeting 
during the NPRM's 90-day comment period that ended on December 10, 
2012. After publication of the NPRM, we noticed that the coordinates of 
the monitoring areas printed in regulations at Table 161.12(c), and 
Sec. Sec.  161.55 and 161.70 are formatted inconsistently. In this 
final rule, therefore, we are reformatting the coordinates contained in 
Table 161.12(c) and Sec. Sec.  161.55 and 161.70 so that all 
coordinates are consistently represented in a format that includes 
``degree-minute-decimal.'' Additionally, we are reformatting an entry 
in Table 161.12(c) specific to the St. Mary's River for greater 
clarity. This reformatting does not alter the location or position of 
the monitoring area specific to the St. Mary's River. As an example to 
show this, we have uploaded a chart of the St. Mary's River from De 
Tour Passage to Munuscong Lake to the public docket. Because none of 
the changes to the coordinates in Table 161.12(c) and Sec. Sec.  161.55 
and 161.70 alter the location or position of any of the monitoring 
areas set forth in regulation, the changes are not substantive. A 
supplemental notice of proposed rulemaking (SNPRM) is, therefore, 
unnecessary and would delay completion of this rulemaking. Thus, we 
find good cause under 5 U.S.C. 552(b)(B) to proceed with publication of 
this final rule without an SNPRM. Other than these formatting 
corrections to the coordinates listed in the monitoring areas under 
Table 161.12(c) and Sec. Sec.  161.55 and 161.70, no changes to the 
rule have been made and the text of the final rule is the same as the 
text in the NPRM and in the correction to the NPRM. For a complete 
discussion of the rule, please see the discussion included in the NPRM 
at 77 FR 55439.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses

[[Page 51667]]

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 final rule has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the final rule has not been reviewed by the Office 
of Management and Budget.
    We received no public comments, additional information, or data 
that would alter our assessment of the NPRM. Therefore, we adopt the 
Preliminary Regulatory Analysis for the NPRM as final. A summary of the 
analysis follows:
    This final rule establishes mandatory participation for the VTS 
area in Port Arthur, TX, and includes Lake Charles, LA as part of this 
VTS area. This rule also consolidates and expands the VTS Special Areas 
in the area of Puget Sound, WA to include Bellingham Channel, western 
Padilla Bay and the Saddlebag route east of Guemes Island.
    The VTS in Port Arthur, TX was installed in 2004 and became fully 
operational in February 2006. Currently VTS Port Arthur operates as a 
voluntary system. This rule makes participation in the VTS mandatory 
for all vessels that are required to carry AIS equipment.
    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.

                             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, on
 international voyages.
Self-propelled vessels of 65 feet or more  Yes, when operating in a VTS  December 31, 2004.
 in length in commercial service            or Vessel Movement
 (excludes fishing vessels and passenger    Reporting System (VMRS).
 vessels certificated to carry less than
 151 passengers for hire).
Towing vessels of 26 feet or more in       Yes, when operating in a VTS  December 31, 2004.
 length 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 will be to codify current practices and to provide VTS 
Port Arthur with full VTS authorities to direct and manage traffic.
    The final rule also consolidates and slightly expands the current 
VTS Special Area in the VTS Puget Sound area. This rule expands the 
zone in which VTS personnel control entry into and movement within the 
Special Area. VTS Puget Sound has imposed operating conditions in this 
consolidated VTS Special Area since the VTS national regulations were 
established in 1994. The final rule simply codifies into regulation the 
current practices already in place in the consolidated VTS Special Area 
and will not result in additional requirements for vessels.
    Due to the constricted waters within the San Juan Islands, special 
operating requirements have been instituted since the VTS national 
regulations were first implemented in 1994 to avoid the risk of large 
vessels meeting, overtaking or crossing in this area. VTS Puget Sound 
has consistently issued measures or directions to enhance navigation 
and vessel safety by imposing special operating requirements for all 
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 relatively restricted nature of these waters. 
Therefore, we do not expect that the expansion of this VTS Special Area 
will alter vessel operations.
    Other minor administrative changes include updating the table in 33 
CFR 161.12(c) to include the MMSI numbers for VTS Los Angeles/Long 
Beach and VTS Louisville. Updating the table to add these MMSI numbers 
will not result in any costs for vessel owners or operators, because 
this final rule revises Note 1 to Table 161.12(c) to specifically 
exclude users of VTS Louisville and VTS Los Angeles/Long Beach from AIS 
carriage equipment requirements. This final rule also amends 33 CFR 
161.19(f) by changing the reference from ``Dangerous cargo . . . as 
defined in 33 CFR 160.203'' to ``Certain dangerous cargo . . . as 
defined in 33 CFR 160.204.'' The final rule also removes the references 
to Sec. Sec.  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 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.
    The AIS carriage requirements were implemented by a prior 
regulation in 33 CFR 164.46, and all vessels which will

[[Page 51668]]

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, WA merely codifies current operational practices, and will 
result in no additional equipment requirements. As a result, we expect 
that this final rule will not impose additional costs on vessel owners 
and operators transiting within the VTS areas of either Port Arthur, TX 
or Puget Sound, WA.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. 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 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Vessels affected 
by this rule will 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in the Executive 
Order. Our analysis 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. By 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 pilots' associations, 
vessel operators, VTS users, and all affected stakeholders, using Port 
and Waterways Safety Assessments. 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 PWSA, Congress 
intended to preempt the field of vessel traffic services in United 
States ports and waterways. Therefore, the regulations 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 final 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.
    The Coast Guard invited 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. We received no comments.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

[[Page 51669]]

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
Office of Management and Budget, with an explanation of why using these 
standards would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this 
action is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded under section 2.B.2, figure 2-1, 
paragraphs (34)(a) and (i) of the Instruction. This rule involves 
administrative changes, changing regulations in aid of navigation, and 
updating vessel traffic services. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 161

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

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

PART 161--VESSEL TRAFFIC MANAGEMENT

0
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.


0
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]45.00' N.,
                                                                        west of 91[deg]10.00' W., north of
                                                                        29[deg]37.00' N., and east of
                                                                        91[deg]18.00' 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]27.20' N.,
                                                                        longitude 70[deg]11.70' W., to the
                                                                        Buzzards Bay Entrance Light in
                                                                        approximate position latitude
                                                                        41[deg]23.50' N., longitude
                                                                        71[deg]02.00' W., and then to the
                                                                        southwestern tangent of Cuttyhunk
                                                                        Island, Massachusetts, at approximate
                                                                        position latitude 41[deg]24.60' N.,
                                                                        longitude 70[deg]57.00' 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]00.00' N., west of 94[deg]20.00'
                                                                        W., south of 29[deg]49.00' N., and east
                                                                        of 95[deg]20.00' 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]42.30' N., 118[deg]17.60'
                                                                        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]55.30'
                                                                        N., 89[deg]55.60' 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]54.30' N.,
                                                                        89[deg]25.70' W. (Southwest Pass
                                                                        Entrance Light) at 20.1 miles Below Head
                                                                        of Passes.
    New Orleans Traffic.................  156.600 MHz................  The navigable waters of the Lower
                                          (Ch. 12)...................   Mississippi River bounded on the north
                                                                        by a line drawn perpendicular on the
                                                                        river at 29[deg]55.50' N., 90[deg]12.77'
                                                                        W. (Upper Twelve Mile Point) at 109.0
                                                                        miles AHP and on the south by a line
                                                                        drawn perpendicularly at 29[deg]55.30'
                                                                        N., 89[deg]55.60' W. (Saxonholm Light)
                                                                        at 86.0 miles AHP.

[[Page 51670]]

 
    New Orleans Traffic.................  156.250 MHz................  The navigable waters of the Lower
                                          (Ch. 05A)..................   Mississippi River below 30[deg]38.70'
                                                                        N., 91[deg]17.50' W. (Port Hudson Light)
                                                                        at 254.5 miles AHP bounded on the south
                                                                        by a line drawn perpendicular on the
                                                                        river at 29[deg]55.50' N., 90[deg]12.77'
                                                                        W. (Upper Twelve Mile Point) at 109.0
                                                                        miles AHP.
New York--003669951:
    New York Traffic....................  156.550 MHz................  The area consists of the navigable waters
                                          (Ch. 11)...................   of the Lower New York Bay bounded on the
                                          --For Sailing Plans only...   east by a line drawn from Norton Point
                                          156.600 MHz................   to Breezy Point; on the south by a line
                                          (Ch. 12)...................   connecting the entrance buoys at the
                                          --For vessels at anchor....   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]25.00' 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]41.90' 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]43.70' N., longitude
                                                                        74[deg]01.60' 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................  The navigable waters of the Lower New
                                          (Ch. 14)...................   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]25.00' 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................  The navigable waters of the Raritan Bay
                                          (Ch. 12)...................   south to a line drawn at latitude
                                                                        40[deg]26.00' 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................  The navigable waters of the Sabine-Neches
                                          (Ch. 01A)..................   Canal south of 29[deg]52.70' 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................  The navigable waters of the Neches River;
                                          (Ch. 65A)..................   Sabine River; and Sabine-Neches Waterway
                                                                        north of 29[deg]52.70' N.; and the ICW
                                                                        from its intersection with the Sabine
                                                                        River to MM 260.
    Port Arthur Traffic.................  156.675 MHz................  The navigable waters of the Calcasieu
                                          (Ch. 73) \6\...............   Channel; Calcasieu River Channel; and
                                                                        the ICW from MM 260 to MM 191.
Prince William Sound--003669958:
    Valdez Traffic......................  156.650 MHz................  The navigable waters south of
                                          (CH. 13)...................   61[deg]05.00' N., east of 147[deg]20.00'
                                                                        W., north of 60[deg]00.00' N., and west
                                                                        of 146[deg]30.00' W.; and, all navigable
                                                                        waters in Port Valdez.
Puget Sound: \7\
     Seattle Traffic--003669957.........  156.700 MHz................  The waters of Puget Sound, Hood Canal and
                                          (Ch. 14)...................   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................  The waters of the Strait of Juan de Fuca
                                          (Ch. 5A)...................   east of 124[deg]40.00' 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]52.00'
                                                                        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................  The waters west of 124[deg]40.00' W.
                                          (Ch. 74)...................   within 50 nautical miles of the coast of
                                                                        Vancouver Island including the waters
                                                                        north of 48[deg]00.00' N., and east of
                                                                        127[deg]00.00' W.

[[Page 51671]]

 
    Victoria Traffic--003160010.........  156.550 MHz................  The waters of the Strait of Georgia west
                                          (Ch. 11)...................   of 122[deg]52.00' 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................  The navigable waters of the San Francisco
                                          (Ch. 14)...................   Offshore Precautionary Area, the
                                                                        navigable waters shoreward of the San
                                                                        Francisco Offshore Precautionary Area
                                                                        east of 122[deg]42.00' W. and north of
                                                                        37[deg]40.00' 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.
    San Francisco Traffic...............  156.600 MHz................  The navigable waters within a 38 nautical
                                          (Ch. 12)...................   mile radius of Mount Tamalpais
                                                                        (37[deg]55.80' N., 122[deg]34.60' W.)
                                                                        west of 122[deg]42.00' W. and south of
                                                                        37[deg]40.00' N. and excluding the San
                                                                        Francisco Offshore Precautionary Area.
St. Mary's River--003669953:
    Soo Traffic.........................  156.600 MHz................  The waters of the St. Mary's River and
                                          (Ch. 12)...................   lower Whitefish Bay from 45[deg]57.00'
                                                                        N. (De Tour Reef Light) to the south, to
                                                                        46[deg]38.70' N. (Ile Parisienne Light)
                                                                        to the north, except the waters of the
                                                                        St. Mary's Falls Canal and to the east
                                                                        along a line from La Pointe to Sims
                                                                        Point, within 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, except for Louisville and Los Angeles/Long
  Beach.
\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.

* * * * *
0
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 subchapter.
0
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]26.40' N. (the center of the Precautionary Area ``RB'') 
extending from Lopez Island to Fidalgo Island, and to the north by 
latitude 48[deg]40.57' 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]38.42'N.

    Note: The center of precautionary area ``RB'' 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:
* * * * *

0
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 United 
States to the limits of the territorial seas bound by the following 
points: 30[deg]10.00' N., 92[deg]37.00' W.; then south to 29[deg]10.00' 
N., 92[deg]37.00' W.; then west to 29[deg]10.00' N., 93[deg]52.25' W.; 
then northwest to 29[deg]33.70' N., 94[deg]21.25' W.; then north to 
30[deg]10.00' N., 94[deg]21.25' W.; then east along the 30[deg]10' N. 
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.

[[Page 51672]]



                              Table 161.70(b)--VTS Port Arthur Precautionary Areas
----------------------------------------------------------------------------------------------------------------
       Precautionary area name            Radius        Center point  latitude        Center point  longitude
----------------------------------------------------------------------------------------------------------------
Petco Bend \(1)\.....................     2000 yds  30[deg]00.80' N.               93[deg]57.60' W.
Black Bayou \(1)\....................     2000 yds  30[deg]00.00' N.               93[deg]46.20' W.
Orange Cut \(1)\.....................     2000 yds  30[deg]03.25' N.               93[deg]43.20' W.
Neches River Intersection \(1)\......     2000 yds  29[deg]58.10' N.               93[deg]51.25' W.
Texaco Island Intersection \(1)\.....     2000 yds  29[deg]49.40' N.               94[deg]57.55' W.
----------------------------------------------------------------------------------------------------------------
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.                               93[deg]40.00' W.
2..................  Sabine Pass Buoys     Sabine Pass Buoys     29[deg]35.90' N.           ....................
                      ``29/30''.            ``29/30''.           93[deg]48.20' W.
3..................  Port Arthur Canal     Keith Lake..........  29[deg]46.50' N.           ....................
                      Light ``43''.                              93[deg]56.47' W.
4..................  North Forty GIWW      North Forty.........  29[deg]56.40' N.           ....................
                      Mile 279.                                  93[deg]52.10' W.
5..................  FINA Highline Neches  FINA Highline.......  29[deg]59.10' N.           ....................
                      River Light ``19''.                        93[deg]54.30' W.
6..................  Ready Reserve Fleet   Channel at Cove Mid-  30[deg]00.80' N.           ....................
                      Highline.             Point.               93[deg]59.90' W.
7..................  Sabine River MM 268.  268 Highline........  30[deg]02.20' N.           ....................
                                                                 93[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''.                                     93[deg]46.25' W.
2..................  Ready Reserve Fleet   Channel at Cove Mid-  30[deg]00.80' N.           ....................
                      Highline.             Point.               93[deg]59.90' W.
3..................  FINA Highline Neches  FINA Highline.......  29[deg]59.09' N.           ....................
                      River Light ``19''.                        93[deg]54.30' W.
4..................  GIWW Mile 285.......  The School House....  29[deg]52.70' N.           Sector Shift
                                                                 93[deg]55.55' W.
5..................  Port Arthur Canal     Keith Lake..........  29[deg]46.50' N.           ....................
                      Light ``43''.                              93[deg]56.47' W.
6..................  Sabine Pass Buoys     Sabine Pass Buoys     29[deg]35.90' N.           ....................
                      ``29/30''.            ``29/30''.           93[deg]48.20' W.
7..................  Sabine Bank Channel   Sabine Bank Sea Buoy  29[deg]25.00' N.           Final Report
                      ``SB'' Buoy.                               93[deg]40.00' W.
----------------------------------------------------------------------------------------------------------------

    (e) Reporting points (Eastbound).

[[Page 51673]]



                                        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.
                                                                 94[deg]01.10' W.
2..................  North Forty GIWW      North Forty.........  29[deg]56.40' N.           ....................
                      Mile 279.                                  93[deg]52.10' W.
3..................  Sabine River MM 268.  268 Highline........  30[deg]02.20' N.           ....................
                                                                 93[deg]44.30' W.
4..................  GIWW Mile 260.......  260 Highline........  30[deg]03.50' N.           Final Report.
                                                                 93[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.
                                                                 93[deg]37.50' W.
2..................  Sabine River Light    Black Bayou.........  30[deg]00.03' N.           ....................
                      ``2''.                                     93[deg]46.18' W.
3..................  GIWW Mile 285.......  The School House....  29[deg]52.71' N.           Sector Shift.
                                                                 93[deg]55.55' W.
4..................  GIWW Mile 295.......  ICW MM 295..........  29[deg]46.20' N.           Final Report.
                                                                 94[deg]02.60' W.
----------------------------------------------------------------------------------------------------------------

    (g) Reporting points (Offshore Safety Fairway).

                                    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.                             93[deg]28.00' W.
2..................  Sabine Pass Safety    West Dogleg.........  29[deg]28.00' N.           ....................
                      Fairway--West.                             93[deg]58.00' W.
----------------------------------------------------------------------------------------------------------------


    Dated: August 14, 2013.
Scott J. Smith,
Captain, U.S. Coast Guard, Acting Director, Marine Transportation 
Systems.
[FR Doc. 2013-20399 Filed 8-20-13; 8:45 am]
BILLING CODE 9110-04-P