[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Proposed Rules]
[Pages 49237-49239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23519]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 166

[CGD 94-023]


Port Access Routes: Approaches to Delaware Bay

agency: Coast Guard, DOT.

action: Notice of study results.

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SUMMARY: The Coast Guard is publishing the results of a port access 
route study which evaluated the need for changes to the traffic 
separation scheme and precautionary area in the approaches to Delaware 
Bay. The study concluded that the eastern approach lanes of the traffic 
separation scheme should be adjusted and a two-way route for use by tug 
and tow traffic should be established to separate tug and tow traffic 
from large, inbound vessel traffic. The study also concluded that the 
precautionary area needed to be reconfigured to exclude shoal areas too 
shallow for deep draft vessels. However, the existing southeastern 
approach should remain as presently configured.

for further information contact: LCDR Tom Flynn, Project Officer, Fifth 
Coast Guard District at (804) 398-6285, or Margie G. Hegy, Project 
Manager, Coast Guard Headquarters at (202) 267-0415.

supplementary information: A report on the study addressed in this 
notice is available for inspection and copying at the Marine Safety 
Council, U.S. Coast Guard Headquarters, room 3406, 2100 Second Street 
SW., Washington, DC 20593-0001, or at the Fifth Coast Guard District 
office, room 509, 431 Crawford Street, Portsmouth, VA 23704-5004, 
between the hours of 8 a.m. and 3:30 p.m., Monday through Friday, 
except holidays.

The Study

    The Coast Guard has concluded its study of the vessel traffic 
separation scheme (TSS) and the precautionary area in the approaches to 
Delaware Bay which was announced in a notice published in the Federal 
Register on March 22, 1994 (59 FR 14126). The TSS is an internationally 
recognized routing measure intended to minimize the risk of collision 
by separating vessels into separate, opposing lanes of traffic. It 
consists of two parts and a precautionary area. The first part, or 
eastern approach, consists of westbound and eastbound traffic lanes, 
and a separation zone. The second part, or southeastern approach, 
consists of north-westbound and south-eastbound traffic lanes, and a 
separation zone.

Public Comments

    The port access route study was opened primarily because of 
concerns, expressed by the Mariners Advisory Committee for the Bay and 
River Delaware, about near misses between deep-draft vessels and tugs 
with tows at Delaware Bay Entrance. Comments were received from vessel 
operators using the area, the Departments of Army, 

[[Page 49238]]
Commerce, and Navy, and the Philadelphia Regional Port Authority.
    The Coast Guard met with representatives of the Mariner's Advisory 
Committee for the Bay and River Delaware, the Pilots' Association for 
the Bay and River Delaware, and tug masters for Maritrans Towing on 
January 19, 1995, in Philadelphia, PA, to discuss the results of the 
study. They agreed that the proposed changes were needed and would 
improve the safety and efficiency of navigation at the Delaware Bay 
entrance.
    Additionally, the Coast Guard discussed the results of the study at 
the regular meeting of the Mariner's Advisory Committee for the Bay and 
River Delaware held on March 9, 1995. The Committee agreed with the 
recommendations in this notice.

Findings and Conclusions

    (a) Outbound tugs with tows routinely depart from Brandywine 
Channel, head on a southeasterly course past Delaware Bay Entrance 
Channel Lighted Buoy 8, and, in the vicinity of Delaware Bay Entrance 
Lighted Buoy 6, change course to a northeasterly heading. This course 
change occurs within the current precautionary area near the pilot area 
and frequently confuses operators of inbound, deep-draft vessels. 
Operators not familiar with the local towing practices are placed in 
what initially appears to be a crossing situation, then appears to be a 
collision situation, and then again appears to be a crossing situation. 
These situations occur before a pilot boards the vessel. The master of 
the inbound vessel must determine what options apply as the situation 
appears to change, while entering unfamiliar pilotage waters.
    (b) The current configuration of the precautionary area includes 
numerous shoal areas to the north and east of the channel marked for 
use by deep-draft vessels. These shoals are charted and well marked 
with buoys. Only recreational, shallow-draft vessels can use these 
shoal areas. There is no navigational or safety need to include these 
shoals in the precautionary area.
    (c) The total tonnage handled by the ports on the Delaware Bay and 
River between 1989 and 1992 increased 15.26 percent. The number of 
vessels calling on the Delaware Bay and River was at its highest in 
1988 with 3,041 arrivals. The lowest number of arrivals was in 1993 
with 2,579. There were 2,679 arrivals in 1994, which is an increase of 
100 vessels over 1993. A trend for larger capacity vessels calling on 
the ports of the Delaware Bay and River is expected.
    (d) The COE's Philadelphia Harbor to the Sea 45-Foot Channel 
Project, scheduled to begin in fiscal year 1997 and be complete in 
2003, will allow access to the Delaware Bay and River by larger, 
deeper-draft, bulk and containerized, cargo vessels. Traffic 
projections indicate that an increase in the number of vessels entering 
and departing the Delaware Bay can be expected. The recommended changes 
to the TSS would allow for safer and more efficient navigation by all 
vessel traffic.
    (e) The Delaware River Port Authority has implemented new marketing 
strategies to attract new customers to the region. This should result 
in an increase in traffic.
    (f) There were 1,015 tug and tow transits of this area in 1994. Tug 
and tow traffic departing Delaware Bay and bound for New York, Boston, 
and other northeast ports tends to hug the deeper water south and east 
of the shoals located off Cape May, New Jersey. The eastbound track of 
the traditional tug route runs parallel with the westbound lane of the 
eastern approach (Five Fathom Bank to Cape Henlopen Traffic Lane) of 
the TSS. There have been several near misses and at least one collision 
(T/V FAITH I (BH)) between an inbound deep-draft vessel and a departing 
tug with tow. That collision resulted in a discharge of approximately 
150,000 gallons of unleaded gasoline. A contributing factor was the 
position of Delaware Bay North Approach Lighted Bell Buoy 2 (LL 1475), 
which marks a shallow spot with a depth of 37 feet. This buoy is 
located in the middle of the western terminus of the Five Fathom Bank 
to Cape Henlopen Traffic Lane. The northern boundary of this lane, in 
conjunction with the position of Delaware Bay North Approach Lighted 
Bell Buoy 2 (LL 1475), is often confusing to inbound traffic. The buoy 
is red and, thus, intended to be passed to starboard by inbound 
vessels. However, due to the present location of the charted boundary 
line, inbound vessels often mistake the buoy for a safe water buoy. 
This confusing situation could be eliminated by rotating the west end 
of the northern boundary of the TSS clockwise to the position of 
Delaware Bay North Approach Lighted Bell Buoy 2 (LL 1475) which would 
serve to better separate tug and tow traffic from inbound seagoing 
vessels.
    (g) During the course of this study, NOAA's National Ocean Service 
(NOS) conducted hydrographic surveys which included the area bound by 
the eastern approach, portions of the precautionary area, and portions 
of the southeastern approach. Results of the surveys have been 
incorporated into the most recent editions of the charts serving the 
Delaware Bay entrance. Formerly charted obstructions were investigated 
and were either proven to exist or disproved. New obstructions were 
investigated and charted if proven to be classified as a hazard or 
obstruction to navigation.

Recommendations

    (1) The two lanes and the separation zone of the southeastern 
approach should remain unchanged.
    (2) The western terminus of the eastern approach of the TSS where 
it joins the Precautionary area should be relocated as follows:
    Part I: Eastern approach
    (a) A separation zone bounded by a line connecting the following 
geographical positions:


                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
38 deg.46'18'' N                     74 deg.34'27'' W                   
38 deg.46'20'' N                     74 deg.55'45'' W                   
38 deg.47'27'' N                     74 deg.55'45'' W                   
38 deg.47'21'' N                     74 deg.34'30'' W                   
                                                                        


    (b) A traffic lane for westbound traffic between the separation 
zone and a line connecting the following geographical positions:


                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
38 deg.48'19'' N                     74 deg.55'18'' W                   
38 deg.49'40'' N                     74 deg.36'45'' W                   
                                                                        


    (c) A traffic lane for eastbound traffic between the separation 
zone and a line connecting the following geographical positions:


                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
38 deg.45'27'' N                     74 deg.56'12'' W                   
38 deg.44'27'' N                     74 deg.34'21'' W                   
                                                                        


    (3) The boundaries of the precautionary area should be reconfigured 
as follows: From 38 deg.42.8' N, 74 deg.58.9' W; thence northerly by an 
arc of eight nautical miles centered at 38 deg.48.9' N, 75 deg.05.6' W 
to 38 deg.47'27'' N, 74 deg.55'18'' W; thence westerly to 
38 deg.47'30'' N, 75 deg.01'48'' W; thence northerly to 38 deg.50'45'' 
N, 75 deg.03'24'' W; thence northeasterly to 38 deg.51'16'' N, 
75 deg.02'50'' W; thence northerly to 38 deg.52'12'' N, 75 deg.01'48'' 
W; thence westerly by an arc of 6.8 nautical miles centered at 
38 deg.48.9' N, 75 deg.05.6' W to 38 deg.55'55'' N, 75 deg.05'48'' W; 
thence southwesterly to 38 deg.54'00'' N, 75 deg.08'00'' W; thence 
southerly to 38 deg.42.8' N, 74 deg.58.9' W. Reconfiguring the 
precautionary area would remove areas that cannot be used by deep-draft 
vessels due to the naturally available water depths and more accurately 
reflects to the mariner where precaution should be exercised.
    (4) Two-way traffic route should be established to better separate 
tug and 

[[Page 49239]]
tow traffic from inbound large-vessel traffic in the eastern approach. 
The two-way traffic route should be bounded on the west and south by a 
line connecting the following geographical positions:

                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
38 deg.50'45'' N                     75 deg.03'24'' W                   
38 deg.47'30'' N                     75 deg.01'48'' W                   
38 deg.48'19'' N                     74 deg.55'18'' W                   
38 deg.50'12'' N                     74 deg.49'44'' W                   
39 deg.00'00'' N                     74 deg.40'14'' W                   
                                                                        


and, bounded on the east and north by a line connecting the following 
geographical positions:


                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
30 deg.00'00'' N                     74 deg.41'00'' W                   
38 deg.50'29'' N                     74 deg.50'18'' W                   
38 deg.48'48'' N                     74 deg.55'15'' W                   
38 deg.48'20'' N                     74 deg.59'18'' W                   
38 deg.49'06'' N                     75 deg.01'39'' W                   
38 deg.51'16'' N                     75 deg.02'50'' W                   
                                                                        


    (5) The sound signals on all buoys marking the TSS should be 
removed.
    Datum: NAD 83.
    The Coast Guard will initiate rulemaking and seek IMO approval to 
reconfigure the eastern approach and the precautionary area and 
establish a two-way traffic route recommended for use by tug and tow 
traffic available to all vessels with a draft that enables them to 
operate safely.

    Dated: September 15, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 95-23519 Filed 9-21-95; 8:45 am]
BILLING CODE 4910-14-M