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operating schedule immediately at the Comments and related material must I. Public Participation and Request for end of the designated time period. This be received by the Coast Guard on or Comments deviation from the operating regulations before January 3, 2011. We encourage you to participate in is authorized under 33 CFR 117.35. ADDRESSES: You may submit comments this rulemaking by submitting Dated: November 10, 2010. identified by docket number USCG– comments and related materials. All Eric A. Washburn, 2002–12702 using any one of the comments received will be posted, Bridge Administrator. following methods: without change, to http:// [FR Doc. 2010–29166 Filed 11–18–10; 8:45 am] (1) Federal eRulemaking Portal: www.regulations.gov and will include BILLING CODE 9110–04–P http://www.regulations.gov. any personal information you have (2) Fax: 202–493–2251. provided. (3) Mail: Docket Management Facility A. Submitting Comments DEPARTMENT OF HOMELAND (M–30), U.S. Department of If you submit comments, please SECURITY Transportation, West Building Ground include the docket number for this Floor, Room W12–140, 1200 New Jersey Coast Guard rulemaking (USCG–2002–12702), Avenue, SE., Washington, DC 20590– indicate the specific section of this 0001. 33 CFR Part 167 document to which each comment (4) Hand Delivery: Same as mail applies, and provide a reason for each [Docket No. USCG–2002–12702] address above, between 9 a.m. and suggestion or recommendation. You 5 p.m., Monday through Friday, except RIN 1625–AA48 may submit your comments and Federal holidays. The telephone number material online, or by fax, mail or hand is 202–366–9329. Traffic Separation Schemes: In the delivery, but please use only one of Strait of Juan de Fuca and Its To avoid duplication, please use only these means. We recommend that you Approaches; in Puget Sound and Its one of these four methods. See the include your name and a mailing Approaches; and in Haro Strait, ‘‘Public Participation and Request for address, an e-mail address, or a Boundary Pass, and the Strait of Comments’’ portion of the telephone number in the body of your Georgia SUPPLEMENTARY INFORMATION section document so that we can contact you if below for instructions on submitting we have questions regarding your AGENCY: Coast Guard, DHS. comments. submission. ACTION: Interim rule with request for FOR FURTHER INFORMATION CONTACT: If To submit your comment online, go to comments. you have questions on this rule, contact http://www.regulations.gov and click on the ‘‘submit a comment’’ box, which will SUMMARY: In this interim rule with Mr. George Detweiler, U.S. Coast Guard Office of Waterways Management, then become highlighted in blue. In the request for comments, the Coast Guard ‘‘Document Type’’ drop down menu codifies traffic separation schemes in telephone 202–372–1566, or e-mail [email protected]. If you select ‘‘Proposed Rule’’ and insert the Strait of Juan de Fuca and its ‘‘USCG–2002–12702’’ in the ‘‘Keyword’’ approaches, in Puget Sound and its have questions on viewing or submitting material to the docket, call Ms. Renee V. box. Click ‘‘Search’’ then click on the approaches, and in Haro Strait, balloon shape in the ‘‘Actions’’ column. Boundary Pass, and the Strait of Wright, Program Manager, Docket Operations, telephone 202–366–9826. If you submit your comments by mail or Georgia. These traffic separation hand delivery, submit them in an SUPPLEMENTARY INFORMATION: schemes (TSSs) were validated by a Port unbound format, no larger than 81⁄2 by Access Route Study (PARS) conducted Table of Contents for Preamble 11 inches, suitable for copying and under the Ports and Waterways Safety electronic filing. If you submit them by Act (PWSA), 33 U.S.C. 1221–1232 and I. Public Participation and Request for mail and would like to know that they were adopted by the International Comments A. Submitting Comments reached the Facility, please enclose a Maritime Organization (IMO). They stamped, self-addressed postcard or have been shown on National Oceanic B. Viewing Comments and Documents C. Privacy Act envelope. We will consider all and Atmospheric Administration D. Public Meeting comments and material received during (NOAA) charts since 2006, and are II. Abbreviations the comment period and may change currently documented in the IMO III. Regulatory History this rule based on your comments. publication ‘‘Ships’ Routeing,’’ Ninth IV. Basis and Purpose Edition, 2008. A. General B. Viewing Comments and Documents Codifying these internationally B. TSS History To view comments, as well as recognized traffic separation schemes C. Port Access Route Study (PARS) documents mentioned in this preamble V. Discussion of NPRM Comments provides better routing order and as being available in the docket, go to predictability, increases maritime safety, VI. Discussion of the Interim Rule (IR) VII. Regulatory Analyses http://www.regulations.gov and click on and reduces the potential for collisions, A. Regulatory Planning and Review the ‘‘read comments’’ box, which will groundings, and hazardous cargo spills. B. Small Entities then become highlighted in blue. In the The Coast Guard is issuing this C. Assistance for Small Entities ‘‘Keyword’’ box insert ‘‘USCG–2002– interim rule with a request for D. Collection of Information 12702’’ and click ‘‘Search.’’ Click the comments to permit the public to E. Federalism ‘‘Open Docket Folder’’ in the ‘‘Actions’’ comment on changes made to some F. Unfunded Mandates Reform Act column. If you do not have access to the geographic positions located in Haro G. Taking of Private Property Internet, you may view the document H. Civil Justice Reform Strait, Boundary Pass, and the Strait of online by visiting the Docket Georgia that were made after the notice I. Protection of Children J. Indian Tribal Governments Management Facility in Room W12–140 of proposed rulemaking (NPRM). K. Energy Effects on the ground floor of the Department DATES: This interim rule is effective L. Technical Standards of Transportation West Building, 1200 January 18, 2011. M. Environment New Jersey Avenue, SE., Washington,

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DC 20590, between 9 a.m. and 5 p.m., public meeting, and we did not hold However, these TSSs were never added Monday through Friday, except Federal one. to the CFR. holidays. We have an agreement with As described in the NPRM, the TSSs IV. Basis and Purpose the Department of Transportation to use in the Strait of Juan de Fuca and its the Docket Management Facility. A. General approaches; in Puget Sound and its approaches; and in Haro Strait, C. Privacy Act The Ports and Waterways Safety Act Boundary Pass, and the Strait of Georgia Anyone can search the electronic (PWSA; 33 U.S.C. 1221–1232) grants the were implemented on December 1, form of comments received into any of Coast Guard authority to establish traffic 2002, per IMO Circular COLREG.2/ our dockets by the name of the separation schemes (TSSs) where Circ.51 dated May 31, 2002. To view the individual submitting the comment (or necessary, to provide safe access routes circular, visit the docket for this signing the comment, if submitted on for vessels proceeding to or from United rulemaking at http:// behalf of an association, business, labor States ports. Before implementing a new www.regulations.gov. union, etc.). You may review a Privacy TSS or modifying an existing TSS, we Canada and the United States Act notice regarding our public dockets conduct a Port Access Route Study submitted a joint proposal to the IMO in in the January 17, 2008, issue of the (PARS). Through the PARS process, we March 2004 requesting minor changes to Federal Register (73 FR 3316). consult with affected parties to some coordinates of the TSSs in Puget reconcile the need for safe access routes Sound and its approaches in Haro Strait, D. Public Meeting with the need to accommodate other Boundary Pass, and the Strait of We do not now plan to hold a public reasonable uses of the waterway, such Georgia. The IMO approved the changes meeting. But you may submit a request as oil and gas exploration, deepwater and they were implemented on July 1, for one using one of the methods port construction, establishment of 2005, per IMO Circular COLREG.2/ specified under ADDRESSES. In your marine sanctuaries, and recreational and Circ.55 dated December 15, 2004. To request, explain why you believe a commercial fishing. If a PARS view the circular, visit the docket for public meeting would be beneficial. If recommends a new or modified TSS, we this rulemaking at http:// we determine that one would aid this must initiate a rulemaking to implement www.regulations.gov. rulemaking, we will hold one at a time or modify the TSS. Once a TSS has been Canada and the United States and place announced by a later notice established, the right of navigation takes submitted a second joint proposal to the in the Federal Register. precedence over all other uses within IMO in March 2005, requesting the TSS. additional minor changes to the II. Abbreviations Canadian portion of the TSSs in the The International Maritime Strait of Juan de Fuca and its ATBA Area To Be Avoided Organization (IMO) follows a parallel approaches. The IMO approved the CFR Code of Federal Regulations structure. It receives proposals for vessel changes and they were implemented on CVTS Cooperative Vessel Traffic traffic measures from the country or December 1, 2006, per IMO Circular Service countries with jurisdiction over the FR Federal Register COLREG.2/Circ.57 dated May 26, 2006. affected waterway. If the IMO adopts a IMO International Maritime To view the circular, visit the docket for proposal, it publishes the vessel traffic Organization this rulemaking at http:// measure in its publication ‘‘Ships IR Interim Rule www.regulations.gov. ’’ NOAA National Oceanic and Routeing. In this way, the IMO serves All TSSs that would be codified by Atmospheric Administration as a clearing agent to ensure that vessel this interim rule have been shown in NPRM Notice of Proposed Rulemaking traffic measures are made available to their current configuration on NOAA PARS Port Access Route Study the global maritime community through charts since 2006 and are published in PWSA Ports and Waterways Safety Act a single source. Additionally, when the ‘‘Ships’ Routeing,’’ Ninth Edition, 2008, RNA Regulated Navigation Area IMO adopted the TSSs, it made the published by the IMO. NOAA adds or TSS Traffic Separation Scheme provisions of Rule 10 of the modifies TSSs on its charts after they TEU Twenty-Foot Equivalent Unit International Regulations for Avoiding are either added to the CFR by the Coast Collisions at Sea (COLREGS) applicable III. Regulatory History Guard or adopted by the IMO. The IMO to vessels using the TSSs. Ships’ Routeing instructions can be On August 27, 2002, we published a B. TSS History purchased from IMO through their Web notice of proposed rulemaking (NPRM) site at http://www.imo.org. entitled ‘‘Traffic Separation Schemes: In The IMO first adopted TSSs in the the Strait of Juan de Fuca and its Strait of Juan de Fuca and its C. Port Access Route Study (PARS) Approaches; in Puget Sound and its approaches on April 3, 1981, and The Coast Guard published a notice of Approaches; and in Haro Strait, implemented them January 1, 1982. The study on January 20, 1999, (64 FR 3145). Boundary Pass, and the Strait of IMO adopted TSSs in Puget Sound and The study results can be found at Georgia’’ in the Federal Register (67 FR its approaches on December 1992, and Regulations.gov under docket number 54981). The NPRM was originally implemented them on June 10, 1993. As USCG–1999–4974. The purpose of the assigned a Department of Transportation discussed in C. below, on January 20, study was to review and evaluate the rulemaking identification number (RIN) 1999, the Coast Guard published a need for modifications to the vessel 2115–AG45. It has been reassigned a PARS ‘‘Notice of Study’’ (64 FR 3145). routing and traffic management Department of Homeland Security RIN We published a notice of preliminary measures in and around the Strait of 1625–AA48. The docket number has not study recommendations with request for Juan de Fuca, including Admiralty Inlet, changed. We received nine letters comments on February 23, 2000 (65 FR Haro Strait, Boundary Pass, the Strait of commenting on the proposed 8917). On August 27, 2002, the Coast Georgia, Rosario Strait, and adjacent regulations discussed in the NPRM. We Guard published an NPRM (66 FR 6514) waters. The study area also outlined discuss our responses to these regarding the TSSs that are the subject both United States and Canadian TSSs comments in Part V of this interim rule. of this rulemaking as discussed in Part and the Area to be Avoided (ATBA) ‘‘Off The commenters did not request a III, ‘‘Regulatory History’’ above. the Washington Coast.’’ United States

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and Canadian Coast Guards establishing a precautionary area off of did not reconfigure the TSSs as cooperatively manage portions of the Turn Point; recommended by these commenters. An study area. The countries accomplish 7. Expanding the precautionary area explanation of the consultation process joint waterway management primarily designated ‘‘RB,’’ at the south end of and its results are further discussed in through the Cooperative Vessel Traffic Rosario Strait; section VII. J., ‘‘Indian Tribal Service (CVTS). A CVTS agreement 8. Revising and aligning the existing Governments.’’ entered into in 1979 sets forth the terms TSS in Georgia Strait with the existing One commenter agreed that a and conditions for joint management of TSS north of Rosario Strait and linking modified TSS is necessary in the Strait the CVTS. Under the CVTS Agreement, them with a new precautionary area off of Juan de Fuca, but disagreed with the vessel traffic centers located at Tofino of East Point; and new demarcation around Haro Strait. and Victoria, British Columbia, Canada; 9. Creating a new precautionary area The same commenter proposed that the and Seattle, Washington, manage vessel in Georgia Strait west of Delta Port and lane near the Haro Strait be widened so traffic transiting in the study area, the Tsawwassen Ferry terminal. that faster ships would be able to pass slower ships in transit. We agreed with regardless of the boundary between the V. Discussion of NPRM Comments two countries. the commenter. The area referred to by We developed the PARS using several As a follow-up to the PARS, the Coast the commenter is managed by the related vessel traffic studies, waterways Guard published an NPRM on August Canadian Coast Guard. Therefore, we analysis and management system 27, 2002 (67 FR 54981). We received worked with Canada and developed a reports, and extensive consultations nine letters in response to the NPRM. mutually agreeable proposal that is between the United States and Canadian Five commenters disagreed with the currently shown on NOAA charts and governments. Officials from both proposed TSS in the Strait of Juan de IMO publications. The IR reflects governments embarked on an outreach Fuca and stated that: changes to the demarcation around Haro program to present recommended (1) The proposed TSS would cause a Straight and a widening of the lane near changes in the study area and request net loss of over 30 percent of fishable Haro Straight. comments from a wide group of waters; One commenter assessed the TSS in waterway users and other potentially (2) The proposed TSS represented a the Strait of Juan de Fuca and asserted affected and interested groups, violation of certain tribal treaty rights that the proposed lanes would not including the general public; that had been enjoyed by local tribes for create any new safety problems in the representatives of the shipping industry, decades; and Strait. The commenter also evaluated master mariners, ports, pilots, and (3) The proposed TSS would affect a the tribes’ proposals and concluded that environmental interests; U.S. Federal, significant number of local tribes. the proposed lanes would not cause any A sixth commenter disagreed with the State, and local government agencies; extra safety hazards in the Strait. We modified TSS on the grounds that it Canadian government agencies; and concurred with this commenter and did would cause local tribes to lose a tribal governments. We took into not amend the TSSs in this area. significant amount of fishable waters. account the responders’ concerns, One commenter agreed with the Because of these comments, we entered including impacts to industry and the proposed TSS in the Strait of Juan de into tribal consultations under environment, when conducting the Fuca, but advocated that we implement Executive Order 13175. As a result of PARS. The recommended changes also more stringent safety guidelines for oil these consultations, the local tribes considered the increased burden to and tankers. This commenter also proposed agreed to take no action that would the practical navigation aspects for the that we provide charts of the modified prevent the TSSs as described in the IR shipping industry. We published a TSSs in the Code of Federal Regulations from taking effect and the Coast Guard notice of preliminary study (CFR). We did not concur with agreed to: (1) Make permanent existing recommendations with request for implementing more stringent safety interim Vessel Traffic Service measures comments on February 23, 2000 (65 FR guidelines for oil tankers in this related to the treaty longline fishery and 8917). We published a notice of study rulemaking. Implementing more treaty salmon fishery; and (2) results for the PARS on January 22, 2001 stringent safety guidelines for oil implement a regulated navigation area (66 FR 6514). tankers is not within the scope of this In the PARS, we concluded that the (RNA) to further protect the tribes’ rulemaking. The focus of this rule is on TSSs, as they existed prior to the NPRM, interest in the area. The local tribes and the codification of TSSs. should be modified by: the U.S. Government, acting through the One commenter proposed including 1. Reconfiguring and extending Coast Guard, entered into a Settlement charts of the TSSs in the CFR. We did seaward the TSS at the entrance to the Agreement on April 19, 2006, to reflect not concur with providing charts of the Strait of Juan de Fuca; the rights and obligations of the parties. modified TSSs in the CFR. Providing 2. Modifying the location, orientation, An explanation of the consultation charts of the TSSs in the CFR would be and dimensions of the Strait of Juan de process and its results are further unwieldy, difficult to read, and would Fuca TSS; discussed in section VII. J., ‘‘Indian not be useful to mariners for 3. Relocating the pilot area and Tribal Governments.’’ navigational purposes. All TSSs reconfiguring the traffic lanes and Five commenters also proposed that codified in this rule are reflected on precautionary area off Port Angeles, we adopt a differently configured TSS, current NOAA charts and published in Washington, to improve traffic flow and which they claimed would maintain the IMO’s ‘‘Ships’ Routeing,’’ Ninth reduce risks; safety while adding to the fishable area Edition, 2008. 4. Moving the vessel traffic lanes in the separation zone by 5 percent. A VI. Discussion of the Interim Rule (IR) southeast of Victoria, British Columbia, sixth commenter proposed that we farther offshore; revisit the TSS and come up with a new This rule codifies the TSSs in the 5. Establishing precautionary areas off scheme that would not diminish Strait of Juan de Fuca and its of Discovery Island and around the fishable waters in the Strait of Juan de approaches; in Puget Sound and its Victoria Pilot Station; Fuca. We did not concur with the approaches; and in Haro Strait, 6. Creating a new two-way route in comments, but, as noted above, entered Boundary Pass, and the Strait of Haro Strait and Boundary Pass and into tribal consultations. Ultimately, we Georgia. All TSSs codified in this rule

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are shown on current NOAA charts and a greater margin of safety around the competed for space at this convergence are published in ‘‘Ships’ Routeing,’’ hazards of Duntze Rock and Tatoosh point in the traffic scheme. Ninth Edition, 2008, International Island. The traffic configuration was designed Maritime Organization. The TSSs In reconfiguring and extending the primarily to deliver inbound vessels to codified in this rule, except as TSSs beyond the configuration as it the pilot stations located at Port explained in paragraph 10 below, existed in August 2002, we considered Angeles, Washington; and Victoria, ‘‘Adjustment of TSSs in the IR,’’ are the location of fishing areas off the British Columbia. The configuration did based on the recommendations of the entrance to the Strait. While it was not not give adequate safety consideration PARS study published on January 22, possible to completely segregate the TSS to other waterway users. For example, 2001 (66 FR 6514). from the fishing areas, the changes the configuration did not separate the 1. Reconfiguring and extending minimize potential conflicts and Port Angeles pilots’ boarding area from seaward the TSS at the entrance to the improve the existing configuration. either the through traffic following the Strait of Juan de Fuca. In August 2002, Reconfiguring and extending the routes TSS or the traffic choosing to follow the all traffic entering the Strait of Juan de provides predictability farther offshore, informal inshore traffic lanes. The Fuca was funneled into the Strait thereby reducing potentially hazardous August 2002 TSS routing leading to the through one of two short traffic lanes. conflicts between vessels following the Port Angeles pilot station was identified The southwest inbound traffic lane TSS and vessels fishing at the entrance through casualty histories as a directed traffic within 1 mile of Duntze to the Strait. substantial cause for concern. Vessels Rock. This convergence near Buoy Juliet 2. Modifying the location, orientation, bound for the Port Angeles pilots’ was close to the rocky shoreline of Cape and dimensions of the TSS in the Strait station were required by the TSS to steer Flattery, lay within the Olympic Coast of Juan de Fuca. In August 2002, over almost directly on Ediz Hook. To pick National Marine Sanctuary, and two-thirds of the TSS was located on the up a pilot, a vessel first had to execute funneled inbound southern traffic along United States side of the International a 60-degree turn and then slow to the northern and western borders of the Boundary. The separation zone was maneuvering speed, which created existing ATBA. approximately four nautical miles wide, different impacts on the vessel’s steering A large percentage of the slower of which approximately three nautical capability. At this point, a vessel was traffic, including tugs and barges and miles was in United States waters. This particularly vulnerable to currents and small fishing vessels, usually transited alignment of the TSS reduced the seas. If an engineering failure occurred inbound and outbound south of the amount of navigable water available to during this operation, the vessel was at designated traffic lanes when on vessels transiting, outbound or inbound, significant risk of a drift or powered coastwise voyages to and from the grounding on Ediz Hook. south of the TSS and placed inbound south. This practice eliminated the need Since publication of the NPRM in traffic following the lanes closer to land for slower southbound traffic to cross August 2002 the pilot station has been than vessels transiting in the outbound the traffic lanes and the potentially relocated. Changing the traffic lane dangerous overtaking situations arising lanes. leading to the relocated pilot station from disparate transit speeds. However, In this interim rule with request for eliminated the need for an incoming under the configuration as of August comments, the western segment of the deep-draft vessel to steer directly 2002, this traffic scheme forced slower TSS shifts one-half mile to the north toward Ediz Hook to pick up a pilot. traffic to transit extremely close to and reduces the width of the entire The IR also adds a new east/west TSS Duntze Rock and infringed on either the separation zone to a maximum of three leading east from precautionary area ATBA or the inbound traffic lane. nautical miles. The minimum width of ‘‘PA’’ to establish a predictable route for Commercial and sport fishing areas the separation zone and the width of the vessels that do not require pilotage, thus were in and adjacent to the traffic lanes traffic lanes remains one nautical mile. reducing the risk of collision with at the entrance to the Strait. This reduces the potential for powered vessels maneuvering to pick up a pilot. Occasionally, fishing vessels in the area groundings on the United States 4. Moving the vessel traffic lanes created a potentially hazardous conflict shoreline by creating a larger buffer southeast of Victoria, British Columbia, for vessels following the TSS, between the TSS and shore. It also farther off shore. In August 2002, on the particularly during periods of reduced creates additional space for the existing Canadian side of the international visibility. in-shore vessel traffic that transits south boundary, outbound tugs and barges This interim rule with request for of the TSS. exited the TSS at Discovery Island. comments extends the TSS at the We considered the impact of the These vessels headed directly for the entrance to the Strait approximately 10 changes on the existing Canadian inshore routes south of Race Rocks, nautical miles farther offshore and Practice Firing Range (Exercise Area cutting across the inbound and centers the separation zone on the WH). Exercises will continue to be outbound TSS lanes south of Victoria. international border at the entrance. conducted in a manner that does not Outbound fishing vessels, exiting This creates a ‘‘buffer zone’’ between the conflict with commercial traffic Baynes Channel or passing east of southernmost TSS lane and Duntze following the TSS. Discovery Island, attempted to stay Rock and the nearby ATBA. This 3. Relocating the Pilot Area and north of the TSS. However, vessels relocation provides ample maneuvering reconfiguring the traffic lanes and frequently entered the lanes near Trial space for resolving conflicting routes as precautionary area off Port Angeles to Island, Discovery Island, and the pilot vessels converge toward the entrance of improve traffic flow and reduce risks. In station. This behavior created the Strait, which improves order and August 2002, five TSSs converged at the unnecessary and potentially dangerous predictability for all entry and exit precautionary areas (‘‘PA’’ and ‘‘ND’’) interactions between deep-draft vessels lanes. These changes, along with located to the north and east of Port following the TSS and smaller vessels changes for the ATBA boundary, allow Angeles. Ferries, recreational vessels, that choose to skirt or cut diagonally sufficient room for slower vessels to piloted deep-draft vessels, non-piloted across the TSS. transit without conflicting with inbound deep-draft vessels, tugs and tows, naval In the IR we move the vessel traffic traffic steering for the southern vessels, and large and small commercial lanes to create an inshore buffer by approach to the TSS. They also provide fishing vessels all interacted and decreasing the width of the TSS leading

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from the Victoria Pilot Station to the where vessels must negotiate a sight- 9. Creating a new precautionary area turn south of Discovery Island while obscured, right-angle turn in the in Georgia Strait west of Delta Port and maintaining the same southern presence of strong currents and the Tsawwassen Ferry Terminal. The boundary on the inbound lane. This numerous small craft. completion of the container facility at inshore buffer allows fishing vessels and 7. Expanding precautionary area ‘‘RB’’ Delta Port significantly increased the other small, slow moving vessels to at the south end of Rosario Strait. In volume of traffic entering and exiting transit directly between Discovery August 2002, deep-draft vessels often the TSS in the Strait of Georgia. There Island and Race Rocks, then inshore could not precisely follow the TSS has also been a considerable increase in north of the TSS, while avoiding the when approaching Rosario Strait from traffic to and from the Tsawwassen deep-draft TSS. the south. Strong currents made it Ferry Terminal. This rule establishes a 5. Establishing precautionary areas off impossible for vessels to avoid the precautionary area southwest of Delta Discovery Island and around the separation zone as they negotiated the Port and accommodates vessels Victoria Pilot Station. In August 2002, slight turns in the TSS just south of departing Delta Port and the the Victoria Pilot Station was located at precautionary area ‘‘RB.’’ The small Tsawwassen Ferry Terminal, as they the convergence of two TSSs where turns in the TSS approaching reach maneuvering speed before and there was significant traffic congestion precautionary area ‘‘RB’’ could not be while entering the TSS. as vessels transited to and from the eliminated without placing the TSS 10. Adjustment of TSSs in the IR. This ports of Victoria and Esquimault. uncomfortably close to other shoal IR adjusts the configuration of certain Likewise, three TSSs converged east and water. TSSs as proposed in the NPRM. The northeast of Discovery Island, where This rule replaces a small portion of TSSs have some coordinates located in vessels often entered or exited the traffic the lane with an expansion of United States waters and some scheme. Consequently, vessels had to precautionary area ‘‘RB.’’ The regulation coordinates located in Canadian waters. proceed with caution in both these enhances the safety of deep-draft As discussed above, the United States areas. To address the traffic congestion transits by eliminating a routing and Canada cooperatively manage in these areas this IR establishes new measure where large ships cannot vessel traffic in this area. Since precautionary areas ‘‘V’’, ‘‘HS,’’ and ‘‘DI.’’ comply and replacing it with a publication of the NPRM in August 6. Creating a new two-way route in precautionary area where ships must 2002, the United States and Canada Haro Strait and Boundary Pass and navigate with particular caution. have jointly submitted two proposals to establishing a precautionary area off 8. Revising and aligning the TSS in make adjustments to geographical Turn Point. In August 2002, there were the Strait of Georgia with the exiting coordinates located in Canadian waters. no formal traffic lanes in Haro Strait and TSS north of Rosario Strait and linking Both proposals were approved and are Boundary Pass. In recent years, the level them with a precautionary area off East reflected on current NOAA charts and of recreational boating has significantly Point. In August 2002, there were no published in the IMO’s ‘‘Ships’ increased. Also, there has been routing measures connecting the TSS in Routeing,’’ Ninth Edition, 2008. explosive growth in the number of small the Strait of Georgia that terminated off Since publication of the NPRM there commercial vessels providing whale- Patos Island with the TSS north of have been changes to some of the watching tours off the western shore of Rosario Strait that terminated off geographical coordinates located in both San Juan Island. This growth in the Saturna Island. Furthermore, these two Canadian and U.S. waters. Issuing an IR number of whale-watching tours has TSSs were not aligned. Traffic exiting allows the Coast Guard to codify the resulted in an increased number of the Strait of Georgia bound for Rosario coordinates of the TSSs as currently conflicts with deep-draft vessels. Strait followed the TSS to its shown on NOAA charts and IMO Turn Point is one of the more termination before angling back to the publications but also solicit public navigationally challenging areas of Haro north to enter the TSS at Patos Island. comment on the adjustments that Strait and Boundary Pass. Transiting Routing vessels in this manner crowded occurred since publication of the vessels must negotiate a blind right- the area and created a possible conflict NPRM. angle turn close to shore and in the with traffic southbound for Boundary As discussed above, the Coast Guard presence of strong currents. In addition, Pass. Finally, there was no published a NPRM for the TSSs in 2002. numerous secondary channels and precautionary area in the vicinity of East Subsequently, the U.S. and Canada have passages route traffic into Haro Strait in Point where traffic merged from several jointly submitted two proposals to the vicinity of Turn Point. directions. change some of the coordinates. Both This rule establishes a two-way route This rule creates a seamless and proposals were adopted by the IMO in Haro Strait and Boundary Pass that logical traffic scheme for this area. TSSs (IMO Circular COLREG.2/Cir.55 dated connects the TSS in Puget Sound and its are aligned and connected to the new December 15, 2004 and IMO Circular approaches and the TSS Haro Strait and two-way route in Boundary Pass COLREG.2/Circ. 57 dated May 26, Boundary Pass in the south. This rule through the creation of a new 2006). The Coast Guard did not publish increases order and predictability for precautionary area. By providing a a supplemental notice of proposed vessel traffic in these waters. The route contiguous TSS that connects the Strait rulemaking (SNPRM) for these changes. established by this IR reduces dangerous of Georgia TSS with both the new Under 5 U.S.C. 553(b)(B), the Coast interactions between the deep-draft Boundary Pass traffic lane and the old Guard finds that good cause exists for vessels following the TSS and smaller Patos Island TSS, this rule will allow not publishing an SNPRM. Under the vessels that choose not to follow the traffic bound for Rosario Strait to follow Administrative Procedure Act (APA) TSS. The regulation moves the edge of the TSS without impeding traffic ‘‘good cause’’ exception in 5 U.S.C. the traffic lane to the east from Kellet southbound for Boundary Pass. The new 553(b)(B), an agency may dispense with Bluff to Turn Point and creates a flair, precautionary area highlights the need notice and comment procedures if the or pull out, south of Turn Point to for potential crossing traffic in this area agency finds that following these APA provide maneuvering room for a vessel to exercise caution and provides oil requirements would be ‘‘impracticable, to safely negotiate the strong ebb tankers departing Cherry Point bound unnecessary, or contrary to the public currents. The regulation also creates a for Haro Strait with a predictable and interest.’’ See Jeffrey L. Lubbers, A precautionary area around Turn Point safe location to enter the traffic scheme. Guide to Federal Agency Rulemaking

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(4th ed.) 105–109 (2006) for a discussion because the maritime industry and the have also made clear that this of agency findings of good cause in lieu public have been aware of, and in fact preference should be balanced against of notice and comment procedures. actively using, the proposed TSSs for at the public’s interest in reaching a timely ‘‘Unnecessary,’’ for the purpose of the least four years. The IR merely seeks to and final decision without unnecessary good cause exceptions to the incorporate into the CFR the same TSSs or duplicative rounds of public requirements of the APA, refers to ‘‘the that have been in use since 2006 when comment.3 issuance of a minor rule in which the the current configurations first appeared In the current rule, the public’s public is not particularly interested.’’ on NOAA charts and in IMO interest to reach a timely and final United States Department of Justice, publications. There have been no decision without unnecessary or Attorney General’s Manual On The comments, complaints, or requests for duplicative rounds of public comment Administrative Procedure Act at 31 modification regarding the TSSs since outweighs the preference for additional (1947). Its use should be ‘‘confined to that time. As the agency charged with notice and comment because the public those situations in which the the establishment of TSSs, the Coast is not likely to have new or different administrative rule is a routine Guard would be aware of any such information. In fact, not only is it determination, insignificant in nature comments, complaints or requests. unlikely the public will have any new and impact, and inconsequential to the Courts prefer supplemental notice and or different information, but the public industry and to the public.’’ Utility Solid comment when the public is likely to is no longer interested in changes to this Waste Activities Group v. EPA, 236 F.3d have new or different information.1 The rule. As far as the public is concerned, 749, 755 (DC Cir. 2001), citing South proposed TSSs are unchanged from the these TSSs have been in active use for Carolina v. Block, 558 F.Supp. current familiar configuration. over four years. There have been no 1004,1016 (D.S.C. 1983). Participation Therefore, as there is little or no comments, complaints, or requests for in a TSS by a ship’s master is likelihood that the public has new or modification. Therefore, an SNPRM is completely voluntary. Participation in a different information than what is contrary to the public interest in that it voluntary scheme does not impose a currently available, there is no reason to defeats the public’s interest in reaching new requirement on mariners and delay reaching a timely and final a timely and final decision. therefore incorporation of the TSSs into decision by engaging in an unnecessary The table of changes below highlights the CFR is insignificant in nature and second round of public comment. those coordinates that have changed impact. Additional notice and comment is since the NPRM. If we receive Including the TSSs in the CFR at this contrary to the public interest: As stated comments on those changes, we will point is also inconsequential to the above, courts prefer supplemental consult with the Canadian Coast Guard maritime industry and to the public notice and comment.2 However, they regarding those comments.

TABLE OF CHANGES

Geographical position coordinates Section No. in the NPRM Proposed in the NPRM IR adjustment

167.1301(b) ...... 48°31.09′ N; 125°04.67′ W ...... 48°32.09′ N; 125°04.67′ W. 48°31.93′ N; 125°09.00′ W ...... 48°32.09′ N; 125°08.98′ W. 167.1303 ...... 48°31.09′ N; 125°04.67′ W ...... 48°32.09′ N; 125°04.67′ W (point listed twice). 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1311(b)(1) ...... 48°31.09′ N; 124°47.13′ W ...... 48°32.09′ N; 124°49.90′ W. 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1311(b)(2) ...... 48°31.09′ N; 124°47.13′ W ...... 48°32.09′ N; 124°49.90′ W (point listed twice). 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1322(c)(1) ...... 48°27.79′ N; 123°07.80′ W ...... 48°28.72′ N; 123°08.53′ W. 48°27.58′ N; 123°08.10′ W ...... 48°28.39′ N; 123°08.64′ W. 167.1322(c)(3) ...... 48°28.15′ N; 123°07.31′ W ...... 48°29.28′ N; 123°08.35′ W. 167.1322(c)(5) ...... 48°27.43′ N; 123°08.94′ W ...... 48°27.86′ N; 123°08.81′ W. 167.1331 ...... All geographical positions are changed. A new pre- cautionary area ‘‘DI’’ has been added to the regula- tions. 167.1332(e) ...... 49°00.37′ N; 123°13.32′ W ...... 49°02.20′ N; 123°16.28′ W. 48°58.18′ N; 123°16.74′ W ...... 49°00.00′ N; 123°19.69′ W. 167.1332(f) ...... 48°59.53′ N; 123°14.66′ W ...... 49°01.39′ N; 123°17.53′ W. 49°03.80′ N; 123°21.24′ W ...... 49°03.84′ N; 123°21.30′ W. 49°03.14′ N; 123°22.26′ W ...... 49°03.24′ N; 123°22.41′ W. 48°58.90′ N; 123°15.63′ W ...... 49°03.24′ N; 123°22.41′ W. 49°00.75′ N; 123°18.52′ W. 167.1332(g) ...... 49°00.37′ N; 123°13.32′ W ...... 49°02.20′ N; 123°16.28′ W. 167.1332(h) ...... 48°58.18′ N; 123°16.74′ W ...... 49°00.00′ N; 123°19.69′ W.

VII. Regulatory Analyses executive orders related to rulemaking. based on 13 of these statutes or Below we summarize our analyses executive orders. We developed this interim rule after considering numerous statutes and

1 Idaho Farm Bureau Fed’n v. Babbit, 58 F.3d 3 AFL–CIO v. Office of Personnel Management, Health Research Group v. F.D.A., 724 F. Supp. 1392 (9th Cir. 1995). 618 F. Supp. 1254 (D.D.C. 1985); and Public Citizen 1013, 1022 (D.D.C. 1989). 2 Idaho Farm Bureau Fed’n v. Babbit, supra.

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A. Regulatory Planning and Review whether this interim rule has a Federalism, if it has a substantial direct This interim rule is not a ‘‘significant significant economic impact on a effect on State or local governments and regulatory action’’ under section 3(f) of substantial number of small entities. would either preempt State law or ‘‘ ’’ Executive Order 12866, Regulatory The term small entities comprises impose a substantial direct cost of Planning and Review, and does not small businesses, not-for-profit compliance on them. We have analyzed require an assessment of potential costs organizations that are independently this rule under that Order and have and benefits under section 6(a)(3) of that owned and operated and are not determined that it does not have Order. The Office of Management and dominant in their fields, and implications for federalism. Budget has not reviewed it under that governmental jurisdictions with The PWSA authorizes the Secretary of Order. populations of less than 50,000. Homeland Security to issue regulations In the NPRM, we certified under 5 Public comments on the NPRM are to designate TSSs to protect the marine U.S.C. 605(b) that the proposed rule summarized in Part V of this preamble. environment. In enacting the PWSA in would not have a significant economic Since the publication of the NPRM, 1972, Congress found that advance impact on a substantial number of small some geographical coordinates in planning and consultation with the entities. We received no public Canadian waters were modified. The affected States and other stakeholders comments and have made no changes local tribal governments and the Coast was necessary in the development and that would alter our assessment of Guard have reached an agreement implementation of a TSS. Throughout impacts to small entities in the NPRM. relative to the TSSs as described in this the history of the development of the We have found no additional data or preamble. An explanation of the TSSs in the Strait of Juan de Fuca and information that would change our consultation process and its results are its approaches; in Puget Sound and its findings in the NPRM. See the ‘‘Small further discussed in section VII.J., approaches; and in Haro Strait, Entity’’ section of the NPRM for ‘‘Indian Tribal Governments.’’ We Boundary Pass, and the Strait of additional details. Georgia, we consulted with the affected anticipate that the modifications to the Therefore, the Coast Guard certifies, TSSs made in consultation with the State and Federal pilots’ associations, under 5 U.S.C. 605(b), that this interim vessel operators, users, United States Indian Tribal governments do not alter rule does not have a significant our assessment of economic impacts in and Canadian Vessel Traffic Services, economic impact on a substantial Canadian Coast Guard and Transport the NPRM. number of small entities. If you think We received no further public Canada representatives, environmental that your business, organization, or advocacy groups, Native American comments and have made no other governmental jurisdiction qualifies as a changes that would alter our assessment tribal groups, and all affected small entity and that this rule will have stakeholders. of economic impacts in the NPRM. We a significant economic impact on it, have found no additional data or Presently, there are no Washington please submit a comment to the Docket State laws or regulations concerning the information that would change our Management Facility at the address findings in the NPRM. We have adopted same subjects as those contained in this under ADDRESSES. In your comment, the assessment in the NPRM for this rule. We understand that the State does explain why you think it qualifies and interim rule. not contemplate issuing any such how and to what degree this rule would As previously discussed, the TSSs regulations. It should be noted that, by economically affect it. codified in this IR are reflected on virtue of the PWSA authority, the TSSs current NOAA charts and published in C. Assistance for Small Entities in this rule preempt any State rule on the IMO’s publication ‘‘Ships’ Under section 213(a) of the Small the same subject. Routeing,’’ Ninth Edition, 2008. Business Regulatory Enforcement In order for TSSs to apply to foreign- As discussed in the NPRM, this Fairness Act of 1996 (Pub. L. 104–121), flagged vessels on the high seas, the rulemaking may result in a slight we offered to assist small entities in IMO must adopt and implement the increase in transit time because it understanding this rule so that they can TSSs. The individual States of the codifies the extension of the TSS at the better evaluate its effects on them and United States are not represented at the entrance of the Strait of Juan de Fuca participate in the rulemaking. If you IMO; that is the role of the Federal approximately 10 miles farther offshore. believe this rule affects your small government. The U.S. Coast Guard is the The additional 10-mile transit coming to business, organization, or governmental principal agency responsible for or from the Strait of Juan de Fuca jurisdiction and you have questions advancing the interests of the United through the southwestern approach may concerning its provisions or options for States at the IMO. We recognize the result in a minimal increase in compliance, please consult George interests of all local stakeholders as we regulatory costs to industry. Detweiler, Coast Guard, Marine work with the IMO to advance the goals We anticipate no increased costs for Transportation Specialist, at 202–372– of these TSSs. vessels traveling within the Strait of 1566. The U.S. Coast Guard will not F. Unfunded Mandates Reform Act Juan de Fuca and adjacent waterways, retaliate against small entities that nor any increased costs due to question or complain about this rule or The Unfunded Mandates Reform Act modifications of the TSSs in Puget any policy or action of the U.S. Coast of 1995 (2 U.S.C. 1531–1538) requires Sound and its approaches. Guard. Federal agencies to assess the effects of The expected benefits associated with their discretionary regulatory actions. In codifying the existing TSSs include a D. Collection of Information particular, the Act addresses actions potential reduction in the instances of This rule calls for no new collection that may result in the expenditure by a groundings, collisions, and other vessel of information under the Paperwork State, local, or tribal government, in the casualties, as well as an increase in Reduction Act of 1995 (44 U.S.C. 3501– aggregate, or by the private sector of vessel traffic efficiency. 3520). $100,000,000 (adjusted for inflation), or more in any one year. Though this rule B. Small Entities E. Federalism will not result in such expenditure, we Under the Regulatory Flexibility Act A rule has implications for federalism do discuss the effects of this rule (5 U.S.C. 601–612), we have considered under Executive Order 13132, elsewhere in this preamble.

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G. Taking of Private Property meetings, we reassessed the PARS adopted by IMO, from taking effect on This rule will not cause a taking of recommendation and widened the December 1, 2002. The Tribes and the private property or otherwise have proposed zone enough to support the U.S. Coast Guard further agreed to enter taking implications under Executive Tribes’ longline and drift gillnet into additional consultations and to Order 12630, Governmental Actions and fisheries. make best efforts to arrive at a mutually Interference with Constitutionally On August 27, 2002, we published an acceptable TSS in the Western Strait of Protected Property Rights. NPRM in the Federal Register (67 FR Juan de Fuca. We agreed that if 54981), which proposed amending the agreement on a revised TSS was not H. Civil Justice Reform then existing TSSs in the Strait. The reached by March 15, 2003, the U.S. This rule meets applicable standards decision to amend the then existing Coast Guard would take the necessary in sections 3(a) and 3(b)(2) of Executive TSSs was based on a 1999–2000 PARS measures both to suspend TSS between Order 12988, Civil Justice Reform, to conducted by the Thirteenth Coast Buoy Juliet and the precautionary area minimize litigation, eliminate Guard District Office, Seattle, of Port Angeles [as amended by the ambiguity, and reduce burden. Washington. We used the PARS process, PARS and adopted by IMO] and to which included many consultations and implement a domestic TSS that would I. Protection of Children meetings with various maritime entities, return the southern boundary of the We have analyzed this rule under including the Tribes, to develop the traffic separation zone to its original Executive Order 13045, Protection of proposals presented in the NPRM. location. Children from Environmental Health When developing the proposed changes The first consultation meeting Risks and Safety Risks. This rule is not to the TSSs, we considered the location between the Tribes and the United an economically significant rule and of the usual and accustomed fishing States acting through the U.S. Coast does not create an environmental risk to grounds off the entrance to and in the Guard was held on December 18, 2002, health or risk to safety that may Strait of Juan de Fuca. We knew then at the Point No Point Treaty Council disproportionately affect children. that it was not possible to completely offices. Additional consultation segregate the TSSs from the fishing meetings also took place. These J. Indian Tribal Governments grounds, but believed that the consultation meetings resulted in At least four Native American tribes, recommended changes would minimize mutually agreeable, interim VTS the Jamestown S’Klallam Tribe, Lower potential conflicts and improve the measures that were intended to allow Elwha Kallam Tribe, Makah Tribe, and TSSs configurations. We also believed treaty fishing within the original TSS Port Gamble S’Klallam Tribe (the that the proposed changes would while the parties negotiated a more Tribes), have traditionally fished in the provide better routing order and permanent solution to the TSS issue. Strait of Juan de Fuca and its predictability, particularly offshore, The interim VTS measures were used in approaches. The TSSs in the Strait, as thus reducing conflicts between vessels 2003 to ensure the successful it existed when we published a notice fishing at or near the entrance to the completion of the treaty longline and of study on January 20, 1999 (64 FR Strait and other vessel traffic. Based on drift gillnet fisheries. 3145), provided a broad separation the recommendations of the PARS, we At the consultation meeting on zone, which allowed ample room for the submitted a proposal to the IMO, which October 10, 2003, the parties agreed that Tribes’ traditional longline and drift included changes to the TSSs at the implementation of the interim VTS gillnet fisheries between the inbound entrance to and in the Strait. The IMO measures on a permanent basis would and outbound vessel traffic lanes. adopted the changes, which were better serve the interests of both the We published a Notice of Preliminary scheduled to take effect on December 1, Tribes and the U.S. Coast Guard than Study Recommendations with request 2002. revisions to the TSSs. The Tribes asked for comments on February 23, 2000 (65 As discussed in Part V. ‘‘Discussion of the U.S. Coast Guard to enter into a FR 8917). That notice contained the Comments’’ above, the Tribes submitted settlement agreement to provide the recommendation that the broad comments to the NPRM docket stating Tribes with assurance that the interim separation zone be narrowed and that the proposed changes to the TSSs VTS measures that had been aligned with the international border. would substantially alter and diminish successfully used in 2003 would be Implementation of that recommendation the Tribes’ present and future fish made permanent, while providing would straighten the routes for vessels harvests, as well as significantly reduce procedures that would allow changes to transiting the TSS and move them access to their usual and accustomed these permanent VTS measures with the farther north of Olympic Peninsula. The fishing areas. The Tribes asserted that agreement of all affected Parties should Tribes objected to this recommendation this diminished access to the usual and it become necessary to do so. because they believed it would accustomed fishing areas would On April 19, 2006, the United States, significantly decrease the area available diminish catches. They stated that acting through the U.S. Coast Guard, to fish by leaving insufficient room to diminished catches would impose and the Tribes, signed a settlement deploy their nets without interfering substantial economic and non-economic agreement. The document, entitled with, or being interfered by, deep-draft costs on the Tribes and would constitute ‘‘Settlement Agreement Between the vessels transiting the Strait. To address a substantial impact on the Tribes’ United States of America and the their concerns, we met with the Tribes treaty-protected rights to take fish at all Jamestown S’Klallam Tribe, Lower in March and August of 2000 and usual and accustomed fishing areas. On Elwha Klallam Tribe, Makah Tribe, and February of 2001. The meetings were November 8, 2002, out of concern that Port Gamble S’Khallam Tribe,’’ is intended to gather the Tribes’ the proposed changes were scheduled to available in the docket for this IR, and recommendations on how to improve take effect on December 1, 2002, the can be found by following the the TSSs, yet minimize the impact on Tribes sent the United States a request instructions listed above in section I.B., their longline and drift gillnet fisheries. to meet and confer. ‘‘Viewing comments and documents.’’ A Following these meetings, the Tribes After discussions between the Tribes provision of the settlement agreement submitted recommendations to widen and the U.S. Coast Guard, the Tribes required the U.S. Coast Guard to create the separation zone. Based on these agreed to take no action to prevent the regulations establishing a regulated submittals and discussions at the TSSs, as amended by the PARS and navigation area (RNA), to be published

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in 33 CFR part 165. We have reviewed U.S.C. 272 note) directs agencies to use §§ 167.1301 through 167.1303 are this rule under Executive Order 13175, voluntary consensus standards in their defined using North American Datum Consultation and Coordination with regulatory activities unless the agency (NAD 83). Indian Tribal Governments. provides Congress, through the Office of Rulemakings that are determined to Management and Budget, with an § 167.1301 In the approaches to the Strait of Juan de Fuca: Western approach. have ‘‘tribal implications’’ under that explanation of why using these Order (i.e., those that have a substantial standards would be inconsistent with In the western approach to the Strait direct effect on one or more Indian applicable law or otherwise impractical. of Juan de Fuca, the following are tribes, on the relationship between the Voluntary consensus standards are established: (a) A separation zone bounded by a Federal Government and Indian tribes, technical standards (e.g., specifications line connecting the following or on the distribution of power and of materials, performance, design, or geographical positions: responsibilities between the Federal operation; test methods; sampling Government and Indian tribes) require procedures; and related management Latitude Longitude ° ′ ° ′ the preparation of a tribal summary systems practices) that are developed or 48 30.10 N 125 09.00 W 48°30.10′ N 125°04.67′ W impact statement. This rule will not adopted by voluntary consensus ° ′ ° ′ have implications of the kind 48 29.11 N 125 04.67 W standards bodies. 48°29.11′ N 125°09.00′ W envisioned under the Order because it This rule does not use technical will not impose substantial direct standards. Therefore, we did not (b) A traffic lane for westbound traffic compliance costs on tribal governments, consider the use of voluntary consensus between the separation zone and a line preempt tribal law, or substantially standards. connecting the following geographical affect lands or rights held exclusively positions: by, or on behalf of, those governments. M. Environment Latitude Longitude Whether or not the Executive Order We have analyzed this rule under 48°32.09′ N 125°04.67′ W applies in this case, it is the policy of Department of Homeland Security 48°32.09′ N 125°08.98′ W the Department of Homeland Security Management Directive 023–01 and (c) A traffic lane for eastbound traffic and the U.S. Coast Guard to engage in Commandant Instruction M16475.lD, between the separation zone and a line meaningful consultation and which guide the Coast Guard in connecting the following geographical collaboration with tribal officials in complying with the National positions: policy decisions that have tribal Environmental Policy Act of 1969 implications under the Presidential Latitude Longitude (NEPA) (42 U.S.C. 4321–4370f), and ° ′ ° ′ Memorandum of November 5, 2009, (74 48 27.31 N 125 09.00 W have concluded that this action is one 48°28.13′ N 125°04.67′ W FR 57881, November 9, 2009), and to of a category of actions which do not seek out and consult with Native individually or cumulatively have a § 167.1302 In the approaches to the Strait Americans on all of its rulemakings that significant effect on the human of Juan de Fuca: Southwestern approach. may affect them. We regularly consulted environment. This rule is categorically In the southwestern approach to the and collaborated with the Tribes excluded under section 2.B.2, figure 2– Strait of Juan de Fuca, the following are throughout the PARs and this 1, paragraph (34)(i) of the Instruction. established: rulemaking. We entered into a This rule involves navigational aids, (a) A separation zone bounded by a settlement agreement to mitigate the which include TSSs. An environmental line connecting the following effects of this rule on the Tribes and analysis checklist and a categorical geographical positions: their use of their historical fishing exclusion determination are available in Latitude Longitude grounds. We invite your comments on the docket where indicated under 48°23.99′ N 125°06.54′ W how the codification of the existing ADDRESSES. 48°27.63′ N 125°03.38′ W TSSs might impact tribal governments, 48°27.14′ N 125°02.08′ W even if that impact may not constitute List of Subjects in 33 CFR Part 167 48°23.50′ N 125°05.26′ W a ‘‘tribal implication’’ under the Order. Harbors, Marine safety, Navigation (b) A traffic lane for north-eastbound K. Energy Effects (water), and Waterways. traffic between the separation zone and ■ Accordingly, 33 CFR Part 167 is a line connecting the following We have analyzed this rule under amended as follows: geographical positions: Executive Order 13211, Actions Latitude Longitude Concerning Regulations That PART 167—OFFSHORE TRAFFIC Significantly Affect Energy Supply, 48°22.55′ N 125°02.80′ W SEPARATION SCHEMES ° ′ ° ′ Distribution, or Use. We have 48 26.64 N 125 00.81 W determined that it is not a ‘‘significant ■ 1. The authority citation for part 167 (c) A traffic lane for south-westbound energy action’’ under that order because continues to read as follows: traffic between the separation zone and it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1223; Department of a line connecting the following under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1. geographical positions: likely to have a significant adverse effect ■ 2. Add §§ 167.1300 through 167.1303 Latitude Longitude on the supply, distribution, or use of to read as follows: 48°28.13′ N 125°04.67′ W energy. The Administrator of the Office 48°24.94′ N 125°09.00′ W of Information and Regulatory Affairs § 167.1300 In the approaches to the Strait has not designated it as a significant of Juan de Fuca: General. § 167.1303 In the approaches to the Strait of Juan de Fuca: Precautionary area ‘‘JF.’’ energy action. Therefore, it does not The traffic separation scheme for the require a Statement of Energy Effects approaches to the Strait of Juan de Fuca In the approaches to the Strait of Juan under Executive Order 13211. consists of three parts: the western de Fuca, precautionary area ‘‘JF’’ is approach, the southwestern approach, established and is bounded by a line L. Technical Standards and precautionary area ‘‘JF.’’ These parts connecting the following geographical The National Technology Transfer are described in §§ 167.1301 through positions: and Advancement Act (NTTAA) (15 167.1303. The geographic coordinates in Latitude Longitude

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48°32.09′ N 125°04.67′ W Latitude Longitude (a) A separation zone bounded by a ° ′ ° ′ 48 30.10 N 125 04.67 W 48°28.13′ N 124°57.90′ W line connecting the following ° ′ ° ′ 48 29.11 N 125 04.67 W 48°28.13′ N 124°44.07′ W geographical positions: 48°28.13′ N 125°04.67′ W ° ′ ° ′ ° ′ ° ′ 48 12.90 N 123 55.24 W Latitude Longitude 48 27.63 N 125 03.38 W 48°12.94′ N 123°32.89′ W ° ′ ° ′ 48°27.14′ N 125°02.08′ W 48 13.22 N 123 15.91 W 48°14.03′ N 123°25.98′ W 48°26.64′ N 125°00.81′ W § 167.1312 In the Strait of Juan de Fuca: 48°13.54′ N 123°25.86′ W 48°28.13′ N 124°57.90′ W Southern lanes. ° ′ ° ′ 48°12.89′ N 123°16.69′ W 48 29.11 N 125 00.00 W In the southern lanes of the Strait of 48°30.10′ N 125°00.00′ W Juan de Fuca, the following are (b) A traffic lane for westbound traffic 48°32.09′ N 125°00.00′ W between the separation zone and a line 48°32.09′ N 125°04.67′ W established: (a) A separation zone bounded by a connecting the following geographical ■ 3. Add §§ 167.1310 through 167.1315 line connecting the following positions: to read as follows: geographical positions: Latitude Longitude ° ′ ° ′ § 167.1310 In the Strait of Juan de Fuca: Latitude Longitude 48 14.27 N 123 13.41 W 48°14.05′ N 123°16.08′ W General. 48°10.82′ N 123°25.44′ W 48°15.13′ N 123°25.62′ W The traffic separation scheme in the 48°12.38′ N 123°28.68′ W Strait of Juan de Fuca consists of five 48°12.90′ N 123°28.68′ W (c) A traffic lane for eastbound traffic 48°12.84′ N 123°27.46′ W between the separation zone and a line parts: the western lanes, southern lanes, ° ′ ° ′ northern lanes, eastern lanes, and 48 10.99 N 123 24.84 W connecting the following geographical precautionary area ‘‘PA.’’ These parts are (b) A traffic lane for northbound positions: described in §§ 167.1311 through traffic between the separation zone and Latitude Longitude 167.1315. The geographic coordinates in a line connecting the following 48°12.72′ N 123°25.34′ W §§ 167.1311 through 167.1315 are geographical positions: 48°12.34′ N 123°18.01′ W defined using North American Datum Latitude Longitude § 167.1315 In the Strait of Juan de Fuca: ° ′ ° ′ (NAD 83). 48 11.24 N 123 23.82 W Precautionary area ‘‘PA.’’ 48°12.72′ N 123°25.34′ W § 167.1311 In the Strait of Juan de Fuca: In the Strait of Juan de Fuca, Western lanes. (c) A traffic lane for southbound precautionary area ‘‘PA’’ is established In the western lanes of the Strait of traffic between the separation zone and and is bounded by a line connecting the Juan de Fuca, the following are a line connecting the following following geographical positions: established: geographical positions: Latitude Longitude (a) A separation zone bounded by a Latitude Longitude 48°12.94′ N 123°32.89′ W line connecting the following 48°12.94′ N 123°32.89′ W 48°13.89′ N 123°31.98′ W geographical positions: 48°09.42′ N 123°24.24′ W 48°14.49′ N 123°31.98′ W Latitude Longitude 48°16.45′ N 123°30.42′ W § 167.1313 In the Strait of Juan de Fuca: ° ′ ° ′ 48°29.11′ N 125°00.00′ W 48 16.16 N 123 28.50 W Northern lanes. ° ′ ° ′ 48°29.11′ N 124°43.78′ W 48 15.77 N 123 27.18 W ° ′ ° ′ 48°13.89′ N 123°54.84′ W In the northern lanes of the Strait of 48 15.13 N 123 25.62 W ° ′ ° ′ 48°13.89′ N 123°31.98′ W Juan de Fuca, the following are 48 14.03 N 123 25.98 W 48°14.49′ N 123°31.98′ W established: 48°13.54′ N 123°25.86′ W 48°17.02′ N 123°56.46′ W (a) A separation zone bounded by a 48°12.72′ N 123°25.34′ W 48°30.10′ N 124°43.50′ W line connecting the following 48°12.84′ N 123°27.46′ W ° ′ ° ′ 48°30.10′ N 125°00.00′ W geographical positions: 48 12.90 N 123 28.68 W 48°12.94′ N 123°32.89′ W (b) A traffic lane for north-westbound Latitude Longitude traffic. 48°21.15′ N 123°24.83′ W ■ 4. Add §§ 167.1320 through 167.1323 (1) The traffic lane is established 48°16.16′ N 123°28.50′ W to read as follows: between the separation zone and a line 48°15.77′ N 123°27.18′ W connecting the following geographical 48°20.93′ N 123°24.26′ W § 167.1320 In Puget Sound and its approaches: General. positions: (b) A traffic lane for southbound Latitude Longitude The traffic separation scheme in Puget traffic between the separation zone and Sound and its approaches consists of 48°16.45′ N 123°30.42′ W a line connecting the following three parts: Rosario Strait, approaches to 48°15.97′ N 123°33.54′ W geographical positions: 48°18.00′ N 123°56.07′ W Puget Sound other than Rosario Strait, Latitude Longitude 48°32.00′ N 124°46.57′ W and Puget Sound. These parts are ° ′ ° ′ 48°32.09′ N 124°49.90′ W 48 21.83 N 123 25.56 W described in §§ 167.1321 through ° ′ ° ′ 48°32.09′ N 125°00.00′ W 48 16.45 N 123 30.42 W 167.1323. The North American Datum (2) An exit from this lane between (c) A traffic lane for northbound (NAD 83) defines the geographic points 48°32.00′ N, 124°46.57′ W and traffic between the separation zone and coordinates in §§ 167.1321 through 48°32.09′ N, 124°49.90′ W. Vessel traffic a line connecting the following 167.1323. geographical positions: may exit this lane at this location or § 167.1321 In Puget Sound and its may remain in the lane between points Latitude Longitude approaches: Rosario Strait. 48°32.09′ N, 124°49.90′ W and 48°32.09′ ° ′ ° ′ 48 20.93 N 123 23.22 W In Rosario Strait, the following are N, 125°00.00′ W en route to 48°15.13′ N 123°25.62′ W established: precautionary area ‘‘JF,’’ as described in § 167.1314 In the Strait of Juan de Fuca: (a) A separation zone bounded by a § 167.1315. line connecting the following (c) A traffic lane for south-eastbound Eastern lanes. geographical positions: traffic between the separation zone and In the eastern lanes of the Strait of a line connecting the following Juan de Fuca, the following are Latitude Longitude ° ′ ° ′ geographical positions: established: 48 48.98 N 122 55.20 W

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48°46.76′ N 122°50.43′ W (j) Precautionary area ‘‘RB’’ bounded between the separation zone described 48°45.56′ N 122°48.36′ W as follows: in paragraph (b)(1) of this section and a 48°45.97′ N 122°48.12′ W (1) To the north by the arc of a circle line connecting the following ° ′ ° ′ 48 46.39 N 122 50.76 W of radius 1.24 miles centered on geographical positions: 48°48.73′ N 122°55.68′ W geographical position 48°26.38′ N, Latitude Longitude ° ′ (b) A traffic lane for northbound 122 45.27 W and connecting the 48°23.75′ N 122°47.47′ W traffic located within the separation following geographical positions: 48°19.80′ N 122°56.83′ W zone described in paragraph (a) of this Latitude Longitude (5) A traffic lane for northbound section and a line connecting the 48°25.97′ N 122°47.03′ W traffic that connects with precautionary ° ′ ° ′ following geographical positions: 48 25.55 N 122 43.93 W area ‘‘RA,’’ as described in paragraph Latitude Longitude (2) To the south by a line connecting (b)(2) of this section, and is located 48°49.49′ N 122°54.24′ W the following geographical positions: between the separation zone described 48°47.14′ N 122°50.10′ W Latitude Longitude in paragraph (b)(3) of this section and a 48°46.35′ N 122°47.50′ W 48°25.97′ N 122°47.03′ W line connecting the following (c) A traffic lane for southbound 48°24.62′ N 122°48.68′ W geographical positions: traffic located within the separation 48°23.75′ N 122°47.47′ W Latitude Longitude zone described in paragraph (a) of this 48°25.20′ N 122°45.73′ W 48°15.70′ N 123°06.58′ W section and a line connecting the 48°25.17′ N 122°45.62′ W 48°18.67′ N 122°59.57′ W ° ′ ° ′ following geographical positions: 48 24.15 N 122 45.27 W 48°24.08′ N 122°43.38′ W (6) A traffic lane for southbound Latitude Longitude 48°25.55′ N 122°43.93′ W traffic that connects with precautionary 48°44.95′ N 122°48.28′ W area ‘‘RA,’’ as described in paragraph 48°46.76′ N 122°53.10′ W § 167.1322 In Puget Sound and its (b)(2) of this section, and is located 48°47.93′ N 122°57.12′ W approaches: Approaches to Puget Sound between the separation zone described other than Rosario Strait. (d) Precautionary area ‘‘CA’’ contained in paragraph (b)(1) of this section and a within a circle of radius 1.24 miles (a) The traffic separation scheme in line connecting the following centered at geographical position the approaches to Puget Sound other geographical positions: 48°45.30′ N, 122°46.50′ W. than Rosario Strait consists of a Latitude Longitude northeast/southwest approach, a (e) A separation zone bounded by a 48°24.62′ N 122°48.68′ W northwest/southeast approach, a north/ line connecting the following 48°20.85′ N 122°57.80′ W south approach, and an east/west geographical positions: approach and connecting precautionary (7) A traffic lane for southbound Latitude Longitude areas. traffic that connects with precautionary 48°44.27′ N 122°45.53′ W (b) In the northeast/southwest area ‘‘RA,’’ as described in paragraph 48°41.72′ N 122°43.50′ W (b)(2) of this section, and is located ° ′ ° ′ approach consisting of two separation 48 41.60 N 122 43.82 W zones, two precautionary areas (‘‘RA’’ between the separation zone described 48°44.17′ N 122°45.87′ W and ‘‘ND’’), and four traffic lanes, the in paragraph (b)(3) of this section and a (f) A traffic lane for northbound traffic following are established: line connecting the following located within the separation zone (1) A separation zone that connects geographical positions: described in paragraph (e) of this with precautionary area ‘‘RA,’’ as Latitude Longitude section and a line connecting the described in paragraph (b)(2) of this 48°19.70′ N 123°00.53′ W ° ′ ° ′ following geographical positions: section, and is bounded by a line 48 17.15 N 123 06.57 W Latitude Longitude connecting the following geographical (8) Precautionary area ‘‘ND,’’ which is 48°44.62′ N 122°44.96′ W positions: bounded by a line connecting the 48°41.80′ N 122°42.70′ W Latitude Longitude following geographical positions: ° ′ ° ′ (g) A traffic lane for southbound 48 24.13 N 122 47.97 W Latitude Longitude ° ′ ° ′ ° ′ ° ′ traffic located within the separation 48 20.32 N 122 57.02 W 48 11.00 N 123 06.58 W 48°20.53′ N 122°57.22′ W ° ′ ° ′ zone described in paragraph (e) of this 48 17.15 N 123 06.57 W 48°24.32′ N 122°48.22′ W 48°14.27′ N 123°13.41′ W section and a line connecting the ° ′ ° ′ ‘‘ ’’ 48 12.34 N 123 18.01 W following geographical positions: (2) Precautionary area RA, which is 48°12.72′ N 123°25.34′ W contained within a circle of radius 1.24 ° ′ ° ′ Latitude Longitude ° ′ 48 11.24 N 123 23.82 W ° ′ ° ′ miles centered at 48 19.77 N, 48°10.82′ N 123°25.44′ W 48 44.08 N 122 46.65 W ° ′ ° ′ ° ′ 48°41.25′ N 122°44.37′ W 122 58.57 W. 48 09.42 N 123 24.24 W (3) A separation zone that connects 48°08.39′ N 123°24.24′ W (h) Precautionary area ‘‘C’’ contained with precautionary area ‘‘RA,’’ as 48°11.00′ N 123°06.58′ W within a circle of radius 1.24 miles described in paragraph (b)(2) of this (c) In the northwest/southeast centered at geographical position section, and is bounded by a line ° ′ ° ′ approach consisting of two separation 48 40.55 N, 122 42.80 W. connecting the following geographical zones, two precautionary areas (‘‘RA’’ (i) A two-way route between the positions: and ‘‘SA’’), and four traffic lanes, the following geographical positions: Latitude Longitude following are established: Latitude Longitude 48°16.25′ N 123°06.58′ W (1) A separation zone that connects 48°39.33′ N 122°42.73′ W 48°16.57′ N 123°06.58′ W with precautionary area ‘‘RA,’’ as 48°36.08′ N 122°45.00′ W 48°19.20′ N 123°00.35′ W described in paragraph (b)(2) of this 48°26.82′ N 122°43.53′ W 48°19.00′ N 123°00.17′ W section, and is bounded by a line 48°27.62′ N 122°45.53′ W ° ′ ° ′ (4) A traffic lane for northbound connecting the following geographical 48 29.48 N 122 44.77 W positions: 48°36.13′ N 122°45.80′ W traffic that connects with precautionary 48°38.38′ N 122°44.20′ W area ‘‘RA,’’ as described in paragraph Latitude Longitude 48°39.63′ N 122°44.03′ W (b)(2) of this section, and is located 48°28.72′ N 123°08.53′ W

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48°25.43′ N 123°03.88′ W (7) Precautionary area ‘‘SA,’’ which is and two traffic lanes connected by six 48°22.88′ N 123°00.82′ W contained within a circle of radius 2 precautionary areas. The following are 48°20.93′ N 122°59.30′ W miles centered at geographical position established: ° ′ ° ′ 48 20.82 N 122 59.62 W 48°11.45′ N, 122°49.78′ W. (a) A separation zone bounded by a 48°22.72′ N 123°01.12′ W ° ′ ° ′ (d) In the north/south approach line connecting the following 48 25.32 N 123 04.30 W between precautionary areas ‘‘RB’’ and 48°28.39′ N 123°08.64′ W geographical positions: ‘‘SA,’’ as described in paragraph (b)(2) Latitude Longitude (2) A separation zone that connects and (c)(7) of this section, respectively, 48°11.08′ N 122°46.88′ W with precautionary area ‘‘RA,’’ as the following are established: 48°06.85′ N 122°39.52′ W described in paragraph (b)(2) of this (1) A separation zone bounded by a 48°02.48′ N 122°38.17′ W section, and is bounded by a line line connecting the following 48°02.43′ N 122°38.52′ W connecting the following geographical geographical positions: 48°06.72′ N 122°39.83′ W ° ′ ° ′ positions: Latitude Longitude 48 10.82 N 122 46.98 W Latitude Longitude 48°24.15′ N 122°44.08′ W (b) Precautionary area ‘‘SC,’’ which is ° ′ ° ′ 48°18.83′ N 122°57.48′ W 48 13.33 N 122 48.78 W contained within a circle of radius 0.62 ° ′ ° ′ 48°13.15′ N 122°51.33′ W 48 13.38 N 122 49.15 W ° ′ ° ′ ° ′ miles, centered at 48 01.85 N, 48°13.00′ N 122°51.62′ W 48 24.17 N 122 44.48 W 122°38.15′ W. 48°18.70′ N 122°57.77′ W (2) A traffic lane for northbound (c) A separation zone bounded by a (3) A traffic lane for northbound traffic located between the separation line connecting the following traffic that connects with precautionary zone described in paragraph (d)(1) of geographical positions: ‘‘RA,’’ as described in paragraph (b)(2) of this section and a line connecting the Latitude Longitude this section, and is located between the following geographical positions: 48°01.40′ N 122°37.57′ W separation zone described in paragraph Latitude Longitude 47°57.95′ N 122°34.67′ W ° ′ ° ′ (c)(1) of this section and a line 48°24.08′ N 122°43.38′ W 47 55.85 N 122 30.22 W ° ′ ° ′ ° ′ ° ′ connecting the following geographical 48 13.10 N 122 48.12 W 47 55.67 N 122 30.40 W 47°57.78′ N 122°34.92′ W positions: (3) A traffic lane for southbound 48°01.28′ N 122°37.87′ W Latitude Longitude traffic located between the separation (d) Precautionary area ‘‘SE,’’ which is 48°29.28′ N 123°08.35′ W zone described in paragraph (d)(1) of ° ′ ° ′ this section and a line connecting the contained within a circle of radius 0.62 48 25.60 N 123 03.13 W ° ′ 48°23.20′ N 123°00.20′ W following geographical positions: miles, centered at 47 55.40 N, ° ′ ° ′ ° ′ 48 21.00 N 122 58.50 W Latitude Longitude 122 29.55 W. (e) A separation zone bounded by a (4) A traffic lane for northbound 48°24.15′ N 122°45.27′ W 48°13.43′ N 122°49.90′ W line connecting the following traffic that connects with precautionary geographical positions: ‘‘ ’’ (e) In the east/west approach between area RA, as described in paragraph Latitude Longitude (b)(2) of this section, and is located precautionary areas ‘‘ND’’ and ‘‘SA,’’ as ° ′ ° ′ described in paragraphs (b)(8) and (c)(7) 47 54.85 N 122 29.18 W between the separation zone described 47°46.52′ N 122°26.30′ W in paragraph (c)(2) of this section and a of this section, respectively, the 47°46.47′ N 122°26.62′ W line connecting the following following are established: 47°54.80′ N 122°29.53′ W geographical positions: (1) A separation zone bounded by a (f) Precautionary area ‘‘SF,’’ which is Latitude Longitude line connecting the following geographical positions: contained within a circle of radius 0.62 48°19.20′ N 122°57.03′ W ° ′ ° ′ ° ′ Latitude Longitude miles, centered at 47 45.90 N, 48 13.35 N 122 50.63 W 122°26.25′ W. 48°11.50′ N 122°52.73′ W (5) A traffic lane for southbound 48°11.73′ N 122°52.70′ W (g) A separation zone bounded by a traffic that connects with precautionary 48°12.48′ N 123°06.58′ W line connecting the following ‘‘RA,’’ as described in paragraph (b)(2) of 48°12.23′ N 123°06.58′ W geographical positions: this section, and is located between the (2) A traffic lane for northbound Latitude Longitude separation zone described in paragraph traffic between the separation zone 47°45.20′ N 122°26.25′ W (c)(1) of this section and a line 47°40.27′ N 122°27.55′ W described in paragraph (e)(1) of this ° ′ ° ′ connecting the following geographical section and a line connecting the 47 40.30 N 122 27.88 W 47°45.33′ N 122°26.60′ W positions: following geographical positions: Latitude Longitude Latitude Longitude (h) Precautionary area ‘‘SG,’’ which is 48°27.86′ N 123°08.81′ W ° ′ ° ′ contained within a circle of radius 0.62 ° ′ ° ′ 48 12.22 N 122 52.52 W ° ′ 48 25.17 N 123 04.98 W 48°12.98′ N 123°06.58′ W miles, centered at 47 39.68 N, 48°22.48′ N 123°01.73′ W 122°27.87′ W. 48°20.47′ N 123°00.20′ W (3) A traffic lane for southbound (i) A separation zone bounded by a traffic between the separation zone (6) A traffic lane for southbound line connecting the following described in paragraph (e)(1) of this geographical positions: traffic connecting with precautionary section and a line connecting the area ‘‘RA,’’ as described in paragraphs following geographical positions: Latitude Longitude (b)(2) of this section, and is located 47°39.12′ N 122°27.62′ W Latitude Longitude 47°35.18′ N 122°27.08′ W between the separation zone described ° ′ ° ′ in paragraph (c)(2) of this section and a 48 11.73 N 123 06.58 W 47°35.17′ N 122°27.35′ W 48°10.98′ N 122°52.65′ W ° ′ ° ′ line connecting the following 47 39.08 N 122 27.97 W geographical positions: § 167.1323 In Puget Sound and its (j) Precautionary area ‘‘T,’’ which is Latitude Longitude approaches: Puget Sound. contained within a circle of radius 0.62 ° ′ 48°18.52′ N 122°58.50′ W The traffic separation scheme in Puget miles, centered at 47 34.55 N, 48°12.63′ N 122°52.15′ W Sound consists of six separation zones 122°27.07′ W.

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(k) A separation zone bounded by a § 167.1330 In Haro Strait, Boundary Pass, (f) A separation zone bounded by a line connecting the following and the Strait of Georgia: General. line connecting the following geographical positions: The traffic separation scheme in Haro geographical positions: Latitude Longitude Strait, Boundary Pass, and the Strait of Latitude Longitude 47°34.02′ N 122°26.70′ W Georgia consists of a series of traffic 48°25.96′ N 123°10.65′ W 47°26.92′ N 122°24.10′ W separation schemes, two-way routes, 48°27.16′ N 123°10.25′ W ° ′ ° ′ 47°23.07′ N 122°20.98′ W and five precautionary areas. These 48 28.77 N 123 10.84 W ° ′ ° ′ parts are described in §§ 167.1331 and 48°29.10′ N 123°11.59′ W 47 19.78 N 122 26.58 W ° ′ ° ′ 47°19.98′ N 122°26.83′ W 167.1332. The geographic coordinates in 48 25.69 N 123 11.28 W 47°23.15′ N 122°21.45′ W §§ 167.1331 and 167.1332 are defined ° ′ ° ′ using North American Datum (NAD 83). (g) A traffic lane for northbound 47 26.85 N 122 24.45 W traffic located between the separation 47°33.95′ N 122°27.03′ W § 167.1331 In Haro Strait and Boundary zone described in paragraph (f) of this (l) Precautionary area ‘‘TC,’’ which is Pass. section and a line connecting the contained within a circle of radius 0.62 In Haro Strait and Boundary Pass, the following geographical positions: miles, centered at 47°19.48′ N, following are established: Latitude Longitude 122°27.38′ W. (a) Precautionary area ‘‘V,’’ which is 48°26.57′ N 123°09.22′ W bounded by a line connecting the 48°27.86′ N 123°08.81′ W (m) A traffic lane for northbound following geographical positions: traffic that connects with precautionary (h) A traffic lane for southbound areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ and Latitude Longitude 48°23.15′ N 123°21.12′ W traffic located between the separation ‘‘TC,’’ as described in paragraphs (b), (d), ° ′ ° ′ zone described in paragraph (e) of this (f), (h), (j), and (k) of this section, 48 23.71 N 123 23.88 W 48°21.83′ N 123°25.56′ W section and a line connecting the respectively, and is located between the 48°21.15′ N 123°24.83′ W following geographical positions: separation zones described in 48°20.93′ N 123°24.26′ W Latitude Longitude paragraphs (a), (c), (e), (g), (i), and (k) of 48°20.93′ N 123°23.22′ W ° ′ ° ′ this section, respectively, and a line ° ′ ° ′ 48 29.80 N 123 13.15 W 48 21.67 N 123 21.12 W 48°25.10′ N 123°12.67′ W connecting the following geographical 48°23.15′ N 123°21.12′ W positions: (b) A separation zone that connects (i) Precautionary area ‘‘HS,’’ which is Latitude Longitude with precautionary area ‘‘V,’’ as bounded by a line connecting the 48°11.72′ N 122°46.83′ W described in paragraph (a) of this following geographical positions: 48°07.13′ N 122°38.83′ W section, and is bounded by a line Latitude Longitude 48°02.10′ N 122°37.32′ W connecting the following geographical 48°27.86′ N 123°08.81′ W 47°58.23′ N 122°34.07′ W positions: 48°29.28′ N 123°08.35′ W ° ′ ° ′ ° ′ ° ′ 47 55.83 N 122 28.80 W Latitude Longitude 48 30.55 N 123 10.12 W 47°45.92′ N 122°25.33′ W 48°31.60′ N 123°10.65′ W 48°22.25′ N 123°21.12′ W ° ′ ° ′ 48°32.83′ N 123°13.45′ W 47 39.68 N 122 26.95 W 48°22.25′ N 123°17.95′ W ° ′ ° ′ 48°29.80′ N 123°13.15′ W 47 34.65 N 122 26.18 W 48°23.88′ N 123°13.18′ W ° ′ ° ′ 48°27.86′ N 123°08.81′ W 47 27.13 N 122 23.40 W 48°24.30′ N 123°13.00′ W 47°23.33′ N 122°20.37′ W ° ′ ° ′ 48 22.55 N 123 18.05 W (j) A two-way route between the 47°22.67′ N 122°20.53′ W 48°22.55′ N 123°21.12′ W 47°19.07′ N 122°26.75′ W following geographical positions: (c) A traffic lane for eastbound traffic Latitude Longitude (n) A traffic lane for southbound located between the separation zone 48°31.60′ N 123°10.65′ W traffic that connects with precautionary described in paragraph (b) of this 48°35.21′ N 123°12.61′ W areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ and section and a line connecting the 48°38.37′ N 123°12.36′ W ‘‘TC,’’ as described in paragraphs (b), (d), following geographical positions: 48°39.41′ N 123°13.14′ W ° ′ ° ′ (f), (h), (j), and (k) of this section, Latitude Longitude 48 39.41 N 123 16.06 W 48°32.83′ N 123°13.45′ W respectively, and is located between the 48°21.67′ N 123°21.12′ W ° ′ ° ′ separation zones described in 48 21.67 N 123 17.70 W (k) Precautionary area ‘‘TP,’’ which is 48°23.10′ N 123°13.50′ W paragraphs (a), (c), (e), (g), (i), and (k) of bounded by a line connecting the this section, respectively, and a line (d) A traffic lane for westbound traffic following geographical positions: connecting the following geographical located between the separation zone positions: Latitude Longitude described in paragraph (b) of this 48°41.06′ N 123°11.04′ W Latitude Longitude section and a line connecting the 48°42.23′ N 123°11.35′ W 48°10.15′ N 122°47.58′ W following geographical positions: 48°43.80′ N 123°10.77′ W 48°09.35′ N 122°45.55′ W Latitude Longitude 48°43.20′ N 123°16.06′ W ° ′ ° ′ ° ′ ° ′ 48 06.45 N 122 40.52 W 48°25.10′ N 123°12.67′ W 48 39.41 N 123 16.06 W ° ′ ° ′ ° ′ ° ′ 48 01.65 N 122 30.03 W 48°23.15′ N 123°18.30′ W 48 39.32 N 123 13.14 W ° ′ ° ′ 47°57.47′ N 122°35.45′ W 48°23.15′ N 123°21.12′ W 48 39.76 N 123 11.84 W 47°55.07′ N 122°30.35′ W 47°45.90′ N 122°27.18′ W (e) Precautionary area ‘‘DI,’’ which is (l) A two-way route between the 47°39.70′ N 122°28.78′ W bounded by a line connecting the following geographical positions: 47°34.47′ N 122°27.98′ W following geographical positions: Latitude Longitude 47°26.63′ N 122°25.12′ W Latitude Longitude 48°42.23′ N 123°11.35′ W 47°23.25′ N 122°22.42′ W 48°23.10′ N 123°13.50′ W 48°45.51′ N 123°01.82′ W 47°20.00′ N 122°27.90′ W 48°24.30′ N 123°09.95′ W 48°47.78′ N 122°59.12′ W 48°26.57′ N 123°09.22′ W 48°48.19′ N 123°00.84′ W ■ 5. Add §§ 167.1330 through 167.1332 48°25.10′ N 123°12.67′ W 48°46.43′ N 123°03.12′ W to read as follows: 48°23.10′ N 123°13.50′ W 48°43.80′ N 123°10.77′ W

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§ 167.1332 In the Strait of Georgia. Latitude Longitude with developing proposed requirements In the Strait of Georgia, the following 49°02.51′ N 123°23.76′ W for hospitals (including Critical Access are established: 49°00.00′ N 123°19.69′ W Hospitals (CAHs)), that would address (a) Precautionary area ‘‘GS,’’ which is the right of a patient to choose who may bounded by a line connecting the Dated: November 9, 2010. and may not visit him or her. In the following geographical positions: Dana A. Goward, memorandum, the President pointed out Latitude Longitude U.S. Coast Guard, Director of Marine the plight of individuals who are denied 48°52.30′ N 123°07.44′ W Transportation Systems Management. the comfort of a loved one, whether a 48°54.81′ N 123°03.66′ W [FR Doc. 2010–29165 Filed 11–18–10; 8:45 am] family member or a close friend, at their ° ′ ° ′ 48 49.49 N 122 54.24 W BILLING CODE 9110–04–P side during a time of pain or anxiety 48°47.93′ N 122°57.12′ W after they are admitted to a hospital. The 48°47.78′ N 122°59.12′ W ° ′ ° ′ memorandum indicated that these 48 48.19 N 123 00.84 W individuals are often denied this most 48°52.30′ N 123°07.44′ W DEPARTMENT OF HEALTH AND basic of human needs simply because (b) A separation zone bounded by a HUMAN SERVICES the loved ones who provide them line connecting the following Centers for Medicare & Medicaid comfort and support do not fit into a geographical positions: Services traditional concept of ‘‘family.’’ Latitude Longitude Section 1861(e)(1) through (9) of the ° ′ ° ′ Social Security Act—(1) Defines the 48 53.89 N 123 05.04 W 42 CFR Parts 482 and 485 48°56.82′ N 123°10.08′ W term’’hospital’’; (2) lists the statutory 48°56.30′ N 123°10.80′ W [CMS–3228–F] requirements that a hospital must meet 48°53.39′ N 123°05.70′ W to be eligible for Medicare participation; RIN 0938–AQ06 (c) A traffic lane for north-westbound and (3) specifies that a hospital must traffic located between the separation Medicare and Medicaid Programs: also meet other requirements as the zone described in paragraph (b) of this Changes to the Hospital and Critical Secretary finds necessary in the interest of the health and safety of individuals section and a line connecting the Access Hospital Conditions of who are furnished services in the following geographical positions: Participation To Ensure Visitation facility. Under this authority, the Latitude Longitude Rights for All Patients 48°54.81′ N 123°03.66′ W Secretary has established in the 48°57.68′ N 123°08.76′ W AGENCY: Centers for Medicare & regulations at 42 CFR part 482 the requirements that a hospital must meet (d) A traffic lane for south-eastbound Medicaid Services (CMS), HHS. ACTION: Final rule. in order to participate in the Medicare traffic between the separation zone program. This authority extends as well described in paragraph (b) of this SUMMARY: This final rule will revise the to the separate requirements that a CAH section and a line connecting the Medicare conditions of participation for must also meet to participate in the following geographical positions: hospitals and critical access hospitals Medicare program, established in the Latitude Longitude (CAHs) to provide visitation rights to regulations at 42 CFR part 485. 48°55.34′ N 123°12.30′ W Additionally, section 1820 of the Act ° ′ ° ′ Medicare and Medicaid patients. 48 52.30 N 123 07.44 W Specifically, Medicare- and Medicaid- sets forth the conditions for designating (e) Precautionary area ‘‘PR,’’ which is participating hospitals and CAHs will certain hospitals as CAHs. Section bounded by a line connecting the be required to have written policies and 1905(a) of the Act provides that following geographical positions: procedures regarding the visitation Medicaid payments may be applied to Latitude Longitude rights of patients, including those hospital services. Regulations at 42 CFR 48°55.34′ N 123°12.30′ W setting forth any clinically necessary or 440.10(a)(3)(iii) require hospitals to 48°57.68′ N 123°08.76′ W reasonable restriction or limitation that meet the Medicare CoPs to receive 49°02.20′ N 123°16.28′ W the hospital or CAH may need to place payment under States’ Medicaid ° ′ ° ′ 49 00.00 N 123 19.69 W on such rights as well as the reasons for programs. (f) A separation zone bounded by a the clinical restriction or limitation. While the existing hospital conditions of participation (CoPs) in our line connecting the following DATES: Effective Date: These regulations regulations at 42 CFR part 482 do not geographical positions: are effective on January 18, 2011. address patient visitation rights Latitude Longitude FOR FURTHER INFORMATION CONTACT: ° ′ ° ′ specifically, there is a specific CoP 49 01.39 N 123 17.53 W Scott Cooper, (410) 786–9465. Danielle regarding the overall rights of hospital 49°03.84′ N 123°21.30′ W ° ′ ° ′ Shearer, (410) 786–6617. Jeannie Miller, patients contained in § 482.13. We note 49 03.24 N 123 22.41 W (410) 786–3164. 49°00.75′ N 123°18.52′ W that the existing CoPs for CAHs in our SUPPLEMENTARY INFORMATION: regulations do not address patient rights (g) A traffic lane for north-westbound in any form. The hospital CoP for I. Background traffic located between the separation patient rights at § 482.13 specifically zone described in paragraph (f) of this On April 15, 2010, the President requires hospitals to—(1) Inform each section and a line connecting the issued a Presidential Memorandum on patient or, when appropriate, the following geographical positions: Hospital Visitation to the Secretary of patient’s representative (as allowed Latitude Longitude Health and Human Services. The under State law) of the patient’s rights; 49°02.20′ N 123°16.28′ W memorandum may be viewed on the (2) ensure the patient’s right to ° ′ ° ′ 49 04.52 N 123 20.04 W Web at: http://www.whitehouse.gov/the- participate in the development and (h) A traffic lane for south-eastbound press-office/presidential- implementation of the plan of care; (3) traffic between the separation zone /memorandum-/hospital-/visitation. As ensure the patient’s (or his or her described in paragraph (f) of this section part of the directives of the representative’s) right to make informed and a line connecting the following memorandum, the Department, through decisions about care; (4) ensure the geographical positions: the Office of the Secretary, tasked CMS patient’s right to formulate advance

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