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Traffic Separation Scheme: In Prince William Sound, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 6, 2002 (Volume 67, Number 25)]
[Proposed Rules]
[Page 5538-5542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe02-26]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 161 and 167
[USCG-2001-10254]
RIN 2115-AG20
Traffic Separation Scheme: In Prince William Sound, AK
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes amending the existing Traffic
Separation Scheme (TSS) in Prince William Sound, Alaska. The proposed
amendments are adopted by the International Maritime Organization and
have been validated by a recent Port Access Route Study (PARS).
Implementing these amendments would provide straight traffic lanes
between the Bligh Reef Pilot Station and Cape Hinchinbrook and should
reduce risk for vessels operating in the area. The rulemaking would
incorporate the amended TSS into the Code of Federal Regulations.
DATES: Comments and related materials must reach the Docket Management
Facility on or before March 8, 2002.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility, (USCG-2001-10254),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System
at http://dms.dot.gov. 
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in this docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Keith Ropella, U.S. Coast Guard Marine Safety Office,
Valdez, AK, telephone 907-835-7209, e-mail KRopella@cgalaska.uscg.mil;
or George Detweiler, Coast Guard, Office of Vessel Traffic Management
(G-MWV), at 202-267-0574, e-mail GDetweiler@comdt.uscg.mil. If you have
questions on viewing or submitting material to the docket, call Dorothy
Beard, Chief, Dockets, Department of Transportation, telephone 202-366-
9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-2001-
10254), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, hand delivery, fax, or electronic
means to the Docket Management Facility at the address under ADDRESSES;
but please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know they reached
the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may request
one by submitting a request to the Docket Management Facility at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
Under the Ports and Waterways Safety Act (33 U.S.C. 1221-1232)
(PWSA), the Coast Guard establishes Traffic Separation Schemes (TSS's),
where necessary, to provide safe access routes for vessels proceeding
to or from U.S. ports. Before implementing new TSS's or modifying
existing ones, we conduct a port access route study (PARS). Through the
PARS process, we consulted with affected parties to reconcile the need
for safe access routes with the need to accommodate other reasonable
uses of the waterway, such as oil and gas exploration, deepwater port
construction, establishment of marine sanctuaries, and recreational and
commercial fishing. If a study recommends a new or modified TSS, we
must initiate a rulemaking to implement the TSS. Once a TSS is
established, the right of navigation is considered paramount within the
TSS.
Maritime trends have not significantly changed since the
publication of a description of the Prince William Sound Oil
Transportation System in 1996. However, minor changes have occurred
since publication. These changes include the replacement of several new
escort vessels in the ALYESKA/SERVS fleet and the removal of several
tankers from service. In addition, ALYESKA began operation of a Vapor
Control Recovery Loading System in March,
[[Page 5539]]
1998. This system is functional on berths 4 and 5 of the Trans-Alaska
Pipeline Terminal. Originally, it was thought that vessel traffic
congestion would result due to the shippers' preference to utilize
these berths. However, most delays seem minimal and Knowles Head
Anchorage remains adequate for vessels awaiting a berth.
Cruise ships continue to visit Valdez during May through September.
Cruise ship traffic continues to grow in direct proportion to the
increase in tourism throughout Alaska. These vessels frequently do not
follow the traffic lanes within central Prince William Sound.
Typically, cruise ships transit through Montague Strait up the west
side of Prince William Sound to College Fiord. Those vessels that make
a port call in Valdez join the existing traffic lane in the Valdez Arm.
Fishing vessels, most notably seiners, continue to harvest salmon
during the summer. The Vessel Traffic Center at Valdez has gone to
great efforts to educate all mariners about ways to share the waterway.
Radio procedures have been established to further disseminate
information to fishing vessels participating in the limited periods
when fishing is allowed. Although Valdez Narrows still poses the
greatest possibility of conflicts with fishing vessel and commercial
vessel traffic, the prevailing attitude is one of cooperation among
parties.
Recreational boating continues to abound within Prince William
Sound. Areas of operation for these vessels are not predictable and
generally follow current fishing trends. Charter vessels fish for
halibut in the vicinity of Cape Hinchinbrook, and salmon fishing occurs
within the port. Kayakers also make frequent excursions to nearby
glaciers and recreational sites, however their transits typically
follow close to the shoreline.
Existing Prince William Sound TSS. The current TSS in Prince
William Sound, Alaska, runs from the vicinity of Cape Hinchinbrook
through Prince William Sound and into the Valdez Arm (the entrance to
Port Valdez). The International Maritime Organization (IMO) adopted the
TSS in 1992. The TSS is reflected on National Oceanic and Atmospheric
Administration (NOAA) nautical chart 16700 and in ``Ships Routeing,''
Seventh Edition 1999, International Maritime Organization.
Recent Port Access Route Study. We published a notice of study in
the Federal Register on February 9, 1998 (63 FR 6502). This study was
to review and evaluate the need for modifications to current vessel
routing and traffic management measures in the approaches or departures
within Prince William Sound, Alaska. The study considered the results
and findings of several related studies. We published the study results
in the Federal Register on August 26, 1999 (64 FR 4662). The PARS
concluded that modifications to the current TSS were necessary to
improve vessel traffic management and safety and reduce the risk of
drift groundings.
Discussion of Proposed Rule
This rulemaking would amend the existing TSS in Prince William
Sound, Alaska. The existing TSS is delineated in ``Ships Routeing,''
Seventh Edition 1999, International Maritime Organization, but not yet
codified in the Code of Federal Regulations (CFR). The amendments are
based on the recommendations of the 1999 PARS. We propose the following
changes to the existing TSS:
Establish a precautionary area southeast of Cape
Hinchinbrook at the entrance to Prince William Sound.
Straighten the Prince William Sound portion of the TSS to
eliminate a course change.
Establish a precautionary area at the Bligh Reef Pilot
Station.
This precautionary area will divide the present TSS into two
separate traffic separation schemes--a Prince William Sound traffic
separation scheme and a Valdez Arm traffic separation scheme. In
addition, the new Valdez Arm TSS will be slightly wider than the Valdez
Arm portion of the present TSS.
Establish a precautionary area southeast of Cape Hinchinbrook at
the entrance to Prince William Sound. Establishing a precautionary area
southeast of Cape Hinchinbrook should reduce the potential for traffic
congestion in this area. Some laden tankers departing from Cape
Hinchinbrook do not follow the existing Prince William Sound Safety
Fairway. Instead, the vessels use an alternate route to provide an
extra measure of protection for the environmentally sensitive Copper
River Flats Delta area. The recommended precautionary area would
provide two distinct routes for departing and returning vessels,
thereby improving vessel traffic management and safety.
Straighten the Prince William Sound portion of the TSS to eliminate
a course change. The present course change in the Prince William Sound
TSS was created to move traffic away from the Alaskan king crab fishing
area (200 fathom curve). Since king crab is no longer fished in this
area, the course change is not required. Eliminating the course change
provides a straight traffic lane between the Bligh Reef Pilot Station
and Cape Hinchinbrook and should reduce risk for vessels operating in
the area. The length of transit in Prince William Sound is reduced, as
well as overall exposure time for vessels. It should also result in a
smoother flow of traffic and less traffic congestion. Further, with the
course change removed, the minimum distance from the center of the
southbound traffic lane to Naked Island would increase from 6 to 9
nautical miles, reducing the risk of drift groundings.
Establish a precautionary area at the Bligh Reef Pilot Station.
Establishing a precautionary area at the Bligh Reef Pilot Station
should reduce risk for vessels operating in the area. Several types of
vessels converge in this area, including ferries, cruise ships, and
tankers. Navigation can sometimes be difficult in this area because of
outflows of ice from the Columbia Glacier. In addition, since the area
offers little protection from the weather, vessels occasionally alter
course to provide safe embarking and disembarking for pilots. The
southbound traffic lane of the TSS within Valdez Arm would be widened
to be tangent with the perimeter of the precautionary area.
We would amend the Valdez Narrows Vessel Traffic Service (VTS)
Special Area to include the Valdez Arm portion of the TSS. This would
give the Commanding Officer of the VTS the authority to direct vessels
into the separation zone if, for example, the traffic lanes become
partially blocked by ice from the Columbia Glacier.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Transportation (DOT)(44 FR 11040, February 26, 1979). We expect the
economic impact of this proposed rule to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. The costs and benefits of this
proposed rulemaking are summarized below.
Costs
Vessel operators would incur the minimal cost of plotting new
coordinates on their existing charts or
[[Page 5540]]
purchasing updated charts when available.
Benefits
The proposed amendments to the TSS in Prince William Sound, Alaska,
would increase the margin of safety for all vessels accessing the Port
of Valdez. The new Precautionary Areas and amended traffic lanes would
decrease the chance of collisions, allisions, and drift groundings were
a vessel to become disabled. We expect that vessels transiting the
Prince William Sound TSS would experience cost savings, through
decreased operational costs, because the transit lanes in the Sound
would be shorter.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule should have a reduced economic impact on vessels
operated by small entities. The proposal amends an existing TSS. This
action improves safety for commercial vessels using the TSS by reducing
the risk of collisions, allisions, and drift groundings. Vessels
voluntarily transiting the TSS will have to transit 1.5 to 2.5 nautical
miles fewer per trip. The reduced transit distance results in decreased
vessel operating costs. Vessels that tend to use the TSS's are
commercial vessels, such as tankers. These vessels are usually large
and capable of operating in an offshore environment. Because of their
size, most of them are not owned by small entities. Even if such a
large vessel were owned by a small business, decreased transit costs
would positively affect the overall cost of the complete voyage.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult George Detweiler,
Coast Guard, Marine Transportation Specialist, at 202-267-0574.
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).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that it does not have implications for federalism under that
Order.
Title I of the Ports and Waterways Safety Act (33 U.S.C. 1221 et
seq.) (PWSA) authorizes the Secretary to promulgate regulations to
designate and amend traffic separation schemes (TSS's) to protect the
marine environment. In enacting PWSA in 1972, Congress found that
advance planning and consultation with the affected States and other
stakeholders was necessary in the development and implementation of a
TSS. Throughout the history of the development of the TSS in Prince
William Sound, Alaska, we have consulted with the Valdez Marine
Operators Committee (VMOC), the affected state and Federal pilot's
associations, vessel operators, users, and all affected stakeholders.
The VMOC includes individuals who represent the interests of local
commercial shipping and industry, as well as members from the Regional
Citizens Advisory Council, and the State of Alaska. The VMOC was an
active participant in various meetings with the Coast Guard and has
contributed to this rulemaking.
Presently, there are no Alaska State laws or regulations concerning
the same subjects as are contained in this proposed rule. We understand
the state does not contemplate issuing any such rules. However, it
should be noted, that by virtue of the PWSA authority, the TSS proposed
in this rule would preempt any state rule on the same subject.
In order to be effective against foreign flag vessels on the high
seas, TSS's must be submitted to, approved by, and implemented by IMO.
Individual states are not represented at IMO; that is the role of the
Federal government. The Coast Guard is the principal United States
agency responsible for advancing the interests of the United States at
IMO. We recognize, however, the interest of all local stakeholders as
we work at IMO to advance the goals of this TSS. We will continue to
work closely with stakeholders to implement the final rule to ensure
that the waters in Prince William Sound affected by this proposed rule
are made safer and more environmentally secure.
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 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 or more in any one
year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to
[[Page 5541]]
safety that might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(i), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This rule proposes adjusting an existing
traffic separation scheme. A ``Categorical Exclusion Determination'' is
available in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, and Waterways.
33 CFR Part 167
Harbors, Marine safety, Navigation (water), and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 161 and 167 as follows:
PART 161--VESSEL TRAFFIC MANAGEMENT
1. The authority citation for part 161 continues to read as
follows:
Authority: 33 U.S.C. 1221; 33 U.S.C. 1223; 49 CFR 1.46.
2. Revise Sec. 161.60 (b) to read as follows:
Sec. 161.60 Vessel Traffic Service Prince William Sound.
* * * * *
(b) The Valdez Narrows VTS Special Area consists of those waters of
the Valdez Arm Traffic Separation Scheme as defined in 33 CFR part 167;
those waters of Valdez Arm and Valdez Narrows bounded by the points
61 deg.02.10' N, 146 deg.40.00' W; 60 deg.58.04' N, 146 deg.46.52' W;
60 deg.58.93' N, 146 deg.48.86' W; 61 deg.03.40' N, 146 deg.41.80' W;
and those waters of Port Valdez southwest of a line bearing 307 deg.
True from Entrance Island Light at 61 deg.05.10' N, 146 deg.36.70' W,
through Valdez Narrows to a line between the points 61 deg.02.10' N,
146 deg.40.00' W and 61 deg.03.40' N, 146 deg.41.80' W.
* * * * *
PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES
3. The authority citation for part 167 continues to read as
follows:
Authority: 33 U.S.C. 1223; 49 CFR 1.46.
4. Add Secs. 167.1700 through 167.1703 to read as follows:
Sec. 167.1700 In Prince William Sound: General.
The Prince William Sound Traffic Separation Scheme consists of four
parts: Prince William Sound Traffic Separation Scheme, Valdez Arm
Traffic Separation Scheme, and two Precautionary Areas. The specific
parts are described in Secs. 167.1701 through 167.1703. The geographic
coordinates in Secs. 167.1701 through 167.1703 are defined using North
American Datum 1983 (NAD 83).
Sec. 167.1701 In Prince William Sound: Precautionary Areas.
(a) Cape Hinchinbrook: A precautionary area is established, bounded
by a line connecting the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.20.59' N 146 deg.48.18' W
60 deg.12.67' N 146 deg.40.43' W
60 deg.11.01' N 146 deg.28.65' W
60 deg.05.47' N 146 deg.00.01' W
60 deg.00.81' N 146 deg.03.53' W
60 deg.05.44' N 146 deg.27.58' W
59 deg.51.80' N 146 deg.37.51' W
59 deg.53.52' N 146 deg.46.84' W
60 deg.07.76' N 146 deg.36.24' W
60 deg.11.51' N 146 deg.46.64' W
60 deg.20.60' N 146 deg.54.31' W
------------------------------------------------------------------------
(b) Bligh Reef: A precautionary area of radius 1.5 miles is
centered upon geographical position 60 deg.49.63' N, 147 deg.01.33' W.
(c) A pilot boarding area is located near the center of the Bligh
Reef precautionary area. Specific regulations pertaining to vessels
operating in these areas are contained in 33 CFR 165.1109(d).
Sec. 167.1702 In Prince William Sound: Prince William Sound Traffic
Separation Scheme.
(a) A separation zone is bounded by a line connecting the following
geographic positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.20.77' N 146 deg.52.31' W
60 deg.48.12' N 147 deg.01.78' W
60 deg.48.29' N 146 deg.59.77' W
60 deg.20.93' N 146 deg.50.32' W
------------------------------------------------------------------------
(b) A traffic lane for northbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.20.59' N 146 deg.48.18' W
60 deg.49.49' N 146 deg.58.19' W
------------------------------------------------------------------------
(c) A traffic lane for southbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.49.10' N 147 deg.04.19' W
60 deg.20.60' N 146 deg.54.31' W
------------------------------------------------------------------------
Sec. 167.1703 In Prince William Sound: Valdez Arm Traffic Separation
Scheme.
(a) A separation zone is bounded by a line connecting the following
geographic positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.51.08' N 147 deg.00.33' W
60 deg.58.60' N 146 deg.48.10' W
60 deg.58.30' N 146 deg.47.10' W
60 deg.50.45' N 146 deg.58.75' W
------------------------------------------------------------------------
[[Page 5542]]
(b) A traffic lane for northbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.49.39' N 146 deg.58.19' W
60 deg.58.04' N 146 deg.46.52' W
------------------------------------------------------------------------
(c) A traffic lane for southbound traffic is established between
the separation zone and a line connecting the following geographic
positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
60 deg.58.93' N 146 deg.48.86' W
60 deg.50.61' N 147 deg.03.60' W
------------------------------------------------------------------------
Dated: December 5, 2001.
Joseph J. Angelo,
Director of Standards, Marine Safety and Environmental Protection.
[FR Doc. 02-2756 Filed 2-5-02; 8:45 am]
BILLING CODE 4910-15-P