[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Rules and Regulations]
[Pages 51664-51673]
[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

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<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Ms. Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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

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.
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    \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).
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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

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
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             Class of vessel                  AIS currently required                 Compliance date
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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..........................
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    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

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.

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.

    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.

    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.

                              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).

                                        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


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If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

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3. Type of information collection ( check one) a. G New collection b. Revision of a currently approved collection c. x Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a

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7. Title: Facility Ground water Monitoring Requirements 8. Agency form number( s) ( If applicable) ICR # 0959.11 9. Keywords: Ground water Monitoring, Resource Conservation and Recovery Act, Information Collection Request 10. Abstract: Subtitle C of the Resource Conservation and Recovery Act of 1976 ( RCRA) creates a comprehensive program for the safe management of hazardous waste. Section 3004 of RCRA requires owners and operators of facilities that treat, store, or dispose of hazardous waste to comply with standards established by EPA that are " necessary to protect human health and the environment." EPA promulgated ground water monitoring standards for interim status facilities in 1980 ( 45 FR 33154 May 19, 1980), codified in 40 CFR Part 265, Subpart F, and for permitted facilities in 1982 ( 47 FR 32274 July 26, 1982), codified in 40 CFR Part 264, Subpart F. Both sets of standards establish programs for protecting ground water from releases of hazardous wastes from land disposal facilities with regulated units ( these include surface impoundments, waste piles, land treatment units, and landfills). The ground water monitoring requirements for regulated units follow a tiered approach whereby releases of hazardous contaminants are first detected ( detection monitoring), then confirmed ( compliance monitoring), and, if necessary, are required to be cleaned up ( corrective action). Each of these tiers requires collection and analysis of ground water samples. Owners or operators that conduct ground water monitoring are required to report information to the oversight agencies on releases of contaminants and to maintain records of ground water monitoring data at their facilities. The goal of the ground water monitoring program is to prevent and quickly detect releases of hazardous contaminants to groundwater, and to establish a program whereby any contamination is expeditiously cleaned up as necessary to protect human health and environment.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 824 b. Total annual responses 824 1. Percentage of these responses collected electronically 0 % c. Total hours requested 96,913 d. Current OMB inventory 64,181 e. Difference 32,732 ____ f. Explanation of difference 1. Program Change 0 2. Adjustment __ ____ 32,732___________________ 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 3__ b. Total annual costs ( O& M) $ 16,754 c. Total annualized cost requested $ 16,757 d. Current OMB inventory $ 80,106 e. Difference $ 63,349 f. Explanation of difference 1. Program change 0 2. Adjustment ______________________$ 63,349____

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Reporting 1.  On occasion 2. Q Weekly 3. Q Monthly 4.

Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods? Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sara Rasmussen Phone: 703 308 8399 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Steve Heare, Director Permits and State Program Division Office of Solid Waste Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95