Jump to main content.

Regulated Navigation Area; San Pedro Bay, California

 [Federal Register: October 18, 2000 (Volume 65, Number 202)]
[Rules and Regulations]
[Page 62292-62295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc00-11]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-00-007]
RIN 2115-AE84


Regulated Navigation Area; San Pedro Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising the Regulated Navigation Area for
San Pedro Bay, California. Due to port expansion projects in the Ports
of Los Angeles and Long Beach, the Coast Guard conducted a Port Access
Route Study (PARS) which recommended, among other things, changes to
the San Pedro Bay Regulated Navigation Area (RNA). The Coast Guard is
also making minor changes to some vessel operational procedures and
requirements to reflect the necessary modifications with respect to
traffic management due to the port construction and expansion projects.

DATES: This rule is effective as of October 18, 2000.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD11-00-007] and are available for inspection or
copying at Commander (Pmc-3), USCG PACAREA/D11, Bldg 50-6, Coast Guard
Island, Alameda, CA 94501-5100, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Chief
Vessel Traffic Management Section, 11th Coast Guard District, telephone
(510) 437-2951; e-mail pspringer@d11.uscg.mil.

SUPPLEMENTARY INFORMATION:

Regulatory History

    In 1999, the Coast Guard conducted a Port Access Route Study
(PARS), which we announced in a document published in the Federal
Register on March 11, 1999 (63 FR 12140). A PARS was needed to evaluate
the effects of port improvement projects for the ports of Los Angeles
and Long Beach on navigational safety and vessel traffic management
efficiency, and to recommend any necessary changes to existing routing
measures. The Coast Guard completed the study in July 1999 and
announced the results of this study in a Notice published in the
Federal Register on May 19, 2000 (65 FR 31856). Among other things,
this study recommended modifications to the precautionary areas,
existing TSS's, and aids to navigation.
    On July 21, 2000, we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area; San Pedro Bay, California,
in the Federal Register (65 FR 45328). The comment period ended
September 5, 2000. We did not receive any comments on the proposed
rule. No public hearing was requested, and none was held.
    During the drafting of this Final Rule, a few minor changes were
made to items discussed in the NPRM. The Coast Guard expects that these
minor changes from the content of the NPRM will not impose a burden on
the public.
    1. In the Discussion of Regulation section of the NPRM, it
correctly states that the length of the Long Beach Pilot area will be
expanded approximately 1.7 nm to the south. Subsequently, in the same
section, it states incorrectly that the Long Beach Pilot Area will be
expanded to the south approximately 1.6 nm. This error in the NPRM is
corrected in this final rule to reflect that the length of the Long
Beach Pilot Area will be expanded approximately 1.7 nm to the south.
    2. The second change corrects an error in the last paragraph of the
Discussion of Regulation section of the NPRM. The sentence, ``When a
vessel drawing more than 50 feet * * *'' is corrected to read, ``When a
vessel 50 feet and greater * * *''
    3. The third change deals with the nomenclature used to designate
the geographical coordinates of the RNA, Pilot Areas, Deep Water
Routes, and the Middle Breakwater Area. The format used in the NPRM
described the latitudes and longitudes in degrees, minutes and seconds.
In contrast, the format used in the final rule describes latitudes and
longitudes in degrees, minutes, and tenths of minutes. The format used
in the final rule is easier to read and the NAD 1983 datum is accounted
for throughout the regulation. Also, describing the coordinates for the
RNA in this manner is consistent with the way the coordinates are
published in the Los Angeles/Long Beach Traffic

[[Page 62293]]

Separation Scheme. See 65 FR 53,911 (Sep. 6, 2000) (to be codified at
33 CFR pt. 167).
    4. The fourth and final change deals with the terms of the Proposed
Regulation at Sec. 165.1109(e)(5). The NPRM published ``No vessel may
enter the waters between Commercial Anchorage G and the Middle
Breakwater * * *'' This Final Rule now refers to the specific vessels
described in paragraph (d), General Regulations, which may not enter
the waters between Commercial Anchorage G and the Middle Breakwater.

Regulatory Information

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. On September 6, 2000 the Coast
Guard amended the Los Angeles/Long Beach Traffic Separation Scheme
(TSS) to route commercial vessels farther offshore for safety and
environmental protection reasons in the San Pedro Bay area. See 65 FR
53911. One of the amendments to the TSS expanded the Precautionary Area
to match the shifted coordinates of the western and southern traffic
lanes. This new Precautionary Area also coincides with the expanded
coordinates for the RNA.
    The RNA and the Precautionary Area establish the manner in which
vessels transit through San Pedro Bay. As explained in the NPRM, the
RNA has specific vessel operation requirements which are necessary
because of hazardous conditions in the area. In order to enforce such
requirements within the RNA, which now must have the expanded
boundaries to match the TSS amendments, we are making this rule
effective on the date of publication so that the RNA is in place as
close as possible to the effective date of the TSS.
    Also, because of these changes to the TSS and the RNA, a complete
update of several local charts is required. Chart publication cannot
occur until the RNA rule becomes final. Since these charts are
essential to safe navigation in San Pedro Bay and the approaches of the
Ports of Los Angeles--Long Beach, there is good cause to implement this
final rule upon publication in the Federal Register.

Background and Purpose

    The Commander, Eleventh Coast Guard District is modifying the San
Pedro Bay RNA. As previously discussed, this change makes the RNA
geographically the same as the precautionary area. A Precautionary Area
is an internationally recognized routing measure comprising an area
within defined limits where ships must navigate with particular
caution. By itself, a precautionary area does not impose specific
maneuvering requirements on vessels. A Regulated Navigation Area (RNA)
is a regulatory measure that defines an area, in which the Coast Guard
has imposed specific vessel operating requirements because of the
existence of hazardous conditions. Due to the quantity of vessel
traffic and diversity of types of vessels transiting the approach to
Los Angeles and Long Beach harbors, the Coast Guard thinks that the
general guidance of a Precautionary Area is insufficient to ensure safe
transit of the area. Therefore, in addition to establishing the
Precautionary Area, the Coast Guard is also establishing an RNA, which
covers the same area of waters and includes specific vessel operating
procedures.
    The following is a summary of the specific changes to the RNA:
     The southern boundary of the RNA is moved to the south
approximately 2.2 nm to align with the new western traffic separation
scheme. The southeastern corner of the RNA is shifted to the west
approximately 1.8 nm on a bearing on 220 degrees T from the easterly
most point of the existing Precautionary Area, to align with the new
southern traffic separation scheme.
     The Los Angeles Pilot Area is expanded approximately 0.4
nm to the south-southeast.
     The Long Beach Pilot Area is expanded approximately 1.7 nm
to the south.
     A Deep Water Traffic Lane approximately 3.27 nm long is
established in the Los Angeles approach channel.
     A Deep Water Traffic Lane approximately 1.9. nm long is
established in the Long Beach approach channel.
     A Deep Water Pilot Area is established just south of the
Los Angeles Deep Water Traffic Lane. It is centered on position
33 deg.39.00N, 118 deg.13.19W, approximately 0.5 nm south of the
southern terminus of the Los Angeles Channel and will be 1.0 nm in
diameter.
    In addition, this rule codifies the amended RNA into Title 33 Part
165 of the Code of Federal Regulations.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and did not require an assessment of potential
costs and benefits under section 6(a)(3) of that order. It has been
exempted from review by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (44 FR 11040; February
26, 1979). The economic impact of this rule is so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of Department of Transportation was unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on any substantial number of entities,
regardless of their size.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
offered to assist small entities in understanding this rule so that
they can better evaluate its effects on them and participate in the
rule making process. No concerns or questions from small businesses
were brought to our attention on this rule.

Collection of Information

    This regulation contains no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 13132 and has determined that
this regulation does not have federalism implications under that Order.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard considered whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome

[[Page 62294]]

alternative that achieves the objective of the rule be selected. No
state, local, or tribal government entities are affected by this rule,
so it will not result in annual or aggregate costs of $100 million or
more. Therefore, the Coast Guard is exempt from any further regulatory
requirements under the Unfunded Mandates Act.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This
proposed rule does not concern an environmental risk to safety
disproportionately affecting children.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this
regulation and concluded that under Chapter 2.B.2. of Commandant
Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it has no
significant environmental impact and it is categorically excluded from
further environmental documentation.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for 33 CFR Part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Revise Sec. 165.1109 to read as follows:

Sec. 165.1109  San Pedro Bay, California--Regulated Navigation Area.

    (a) Applicability. This section applies to all vessels unless
otherwise specified. (Note: All geographic coordinates are defined
using North American Datum 1983 (NAD 83)).
    (b) Deviations. The Captain of the Port of Los Angeles-Long Beach
or his or her designated representative may authorize a deviation from
the requirements of this regulation when it is deemed necessary in the
interests of safety.
    (c) Location. (1) The San Pedro Bay Regulated Navigation Area (RNA)
consists of the water area enclosed by the Los Angeles-Long Beach
breakwater and a line connecting Point Fermin Light at 33 deg.42.30'N,
118 deg.17.60'W, with the following geographical positions:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33 deg.35.50' N..........................  118 deg.17.60' W
33 deg.35.50' N..........................  118 deg.09.00' W
33 deg.37.70' N..........................  118 deg.06.50' W
33 deg.43.40' N..........................  118 deg.10.80' W
------------------------------------------------------------------------

    (2) The San Pedro Bay RNA consists of the following named sub-
areas, defined by lines connecting their respective geographic
coordinates:
    (i) The Los Angeles Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33 deg.42.50' N.....................  118 deg.15.10' W
                                      (Los Angeles Light)
33 deg.42.62' N.....................  118 deg.14.70' W
33 deg.41.30' N.....................  118 deg.13.50' W
33 deg.40.85' N.....................  118 deg.14.90' W
33 deg.42.50' N.....................  118 deg.15.10' W
------------------------------------------------------------------------

    (ii) The Long Beach Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33 deg.43.40' N.....................  118 deg.11.20' W
                                      (Long Beach Light)
33 deg.43.40' N.....................  118 deg.10.80' W
33 deg.41.50' N.....................  118 deg.10.22' W
33 deg.40.52' N.....................  118 deg.10.22' W
33 deg.40.52' N.....................  118 deg.11.82' W
33 deg.41.50' N.....................  118 deg.11.82' W
33 deg.43.40' N.....................  118 deg.11.20' W
------------------------------------------------------------------------

    (iii) The Los Angeles Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33 deg.42.47' N..........................  118 deg.14.95' W
33 deg.42.56' N..........................  118 deg.14.75' W
33 deg.39.48' N..........................  118 deg.13.32' W
33 deg.39.42' N..........................  118 deg.13.55' W
33 deg.42.47' N..........................  118 deg.14.95' W
------------------------------------------------------------------------

    (iv) The Long Beach Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33 deg.43.43' N..........................  118 deg.11.15' W
33 deg.43.39' N..........................  118 deg.10.90' W
33 deg.41.51' N..........................  118 deg.10.71' W
33 deg.41.50' N..........................  118 deg.10.95' W
33 deg.43.43' N..........................  118 deg.11.15' W
------------------------------------------------------------------------

    (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around
33 deg.39.00' N, 118 deg.13.19' W.
    (d) General Regulations. The following regulations contained in
paragraphs (d)(1) through (d)(3) of this section apply to power driven
vessels of 1600 or more gross tons, a towing vessel of 8 meters
(approximately 26 feet) or over in length engaged in towing, or vessels
of 100 gross tons and upward carrying one or more passengers for hire.
    (1) A vessel shall not exceed a speed of 12 knots through the water
within the RNA.
    (2) A vessel navigating within the RNA, shall have its engine(s)
ready for immediate maneuver and shall operate its engine(s) in a
control mode and on fuel that will allow for an immediate response to
any engine order, ahead or astern, including stopping its engine(s) for
an extended period of time.
    (3) A vessel navigating within the RNA shall maintain a minimum
separation from other vessels of at least 0.25 nm.
    (e) Specific Regulations--(1) Los Angeles Pilot Area. (i) No vessel
may enter the Los Angeles Pilot Area unless it is entering or departing
Los Angeles Harbor entrance (Angels Gate).
    (ii) Vessels entering the Los Angeles Pilot Area shall pass
directly through without stopping or loitering except as necessary to
embark or disembark a pilot.
    (2) Long Beach Pilot Area. (i) No vessel may enter the Long Beach
Pilot Area unless it is entering or departing Long Beach Harbor
entrance (Queens Gate).
    (ii) Vessels entering the Long Beach Pilot Area shall pass directly
through without stopping or loitering except as necessary to embark or
disembark a pilot.
    (iii) Every vessel shall leave Long Beach Approach Lighted Whistle
Buoy ``LB'' to port when entering and departing Long Beach Channel and
departing vessels shall pass across the southern boundary of the Long
Beach Pilot Area.
    (3) Los Angeles and Long Beach Deep Water Traffic Lanes. When a
vessel of 50 foot draft or greater is using the Los Angeles or Long
Beach Deep Water Traffic Lane no other vessel shall enter the Deep
Water Traffic Lane if it will result in a meeting, crossing or
overtaking situation.
    (4) Los Angeles Deep Water Pilot Area. When a vessel of 50 foot
draft or greater is embarking or disembarking a pilot in the Los
Angeles Deep Water Pilot Area no other vessel shall enter the Deep
Water Pilot Area.

[[Page 62295]]

    (5) Vessels described in paragraph (d) of this section may not
enter the waters between Commercial Anchorage G and the Middle
Breakwater as defined by an area enclosed by the line beginning at Los
Angeles Main Channel Entrance Light 2 (33 deg.42.70' N, 118 deg.14.70'
W), thence east along the Middle Breakwater to Long Beach Light
(33 deg.43.40' N, 118 deg.11.20' W), thence south to (33 deg.43.08' N,
118 deg.11.26' W), thence westerly to (33 deg.43.08' N, 118 deg.12.26'
W), thence southwesterly parallel to the breakwater to (33 deg.42.43'
N, 118 deg.14.30' W), thence to the point of origin, unless such vessel
is:
    (i) In an emergency;
    (ii) Proceeding to anchor in or departing Commercial Anchorage G;
    (iii) Standing by with confirmed pilot boarding arrangements; or,
    (iv) Engaged in towing vessels to or from Commercial Anchorage G,
or to or from the waters between Commercial Anchorage G and the Middle
Breakwater.

    Dated: October 2, 2000.
C.D. Wurster,
Captain, U.S. Coast Guard, Commander, Eleventh U.S. Coast Guard
District, Acting.
[FR Doc. 00-26773 Filed 10-17-00; 8:45 am]
BILLING CODE 4910-15-P

 
 

Local Navigation

Jump to main content.