[Federal Register: September 27, 2004 (Volume 69, Number 186)]
[Proposed Rules]
[Page 57656-57662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se04-17]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 57656]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-04-043]
RIN 1625-AA01
Anchorage Grounds, Hampton Roads, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise the anchorage regulations
in the Port of Hampton Roads. Infrastructure improvements and increases
in vessel traffic and draft entering the port have prompted this
proposed rulemaking. The proposed changes to this regulation will
ensure that the Hampton Roads Anchorage Grounds continue to safely
support current and future vessel anchoring demands.
DATES: Comments must be received on or before December 27, 2004.
ADDRESSES: You may mail comments and related material to Commander
(oan), Fifth Coast Guard District, 431 Crawford Street, Room 401,
Portsmouth, VA 23704-5004. Commander (oan), Fifth Coast Guard District,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the Fifth
Coast Guard District between 9 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District (oan), (757) 398-6285, between 9
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-04-
043), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please, submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
Recreational, public, and commercial vessels use the Hampton Roads
Anchorage Grounds. General regulations covering the anchorage of
vessels in the port are set out in 33 CFR 110.168. In June 1986, the
U.S. Army Corps of Engineers (USACE) completed a study of the Norfolk
Harbor, including its anchorages. The study is entitled, ``General
Design Memorandum 1, Norfolk Harbor and Channels, Virginia, Main
Report.'' Comments from the Coast Guard, Navy, Virginia Port Authority,
Virginia Pilots Association and Hampton Roads Maritime Association
requesting improvements to Anchorages F and K were considered in the
study. Anchorage F currently has two 400-yard radius berths. The USACE,
in 1998, constructed a single 500-yard radius berth for Anchorage F and
is currently maintaining the anchorage at a project depth of 50 feet.
This proposed rule would change Anchorage F to a single 500 yard radius
berth to reflect the construction completed by the USACE in 1998. The
USACE was congressionally authorized in November of 1986 to increase
the channel depth of Anchorage F to 55 feet deep, see H. Doc. 99-85,
99th Cong., 1st session. Improvements were also proposed by the Coast
Guard to the Newport News Middle Ground, Anchorage K, by increasing the
easternmost berth, K-1 from a swing radius of 400 yards to one of 500
yards. In addition, Berth K-2, currently maintained at 40 feet, would
be deepened to 45 feet. The increase in size to Berth K-1, the increase
in depth to Berth K-2 and the increase in depth to Anchorage F have all
been congressionally authorized and will be scheduled once the increase
in arrivals of vessels with deeper drafts support the project. The
circular boundaries for Berth K-1, referred to as East Anchorage, and
Berth K-2, referred to as West Anchorage, will be shown on future chart
editions for the area when the final rule for this regulation is
published.
It is proposed that Anchorage K be separated into an upper and
lower section, and divided by the Fairway for Shallow Draft Vessels and
Tows. This would restrict vessels from anchoring inside the limits of
that channel.
A new quarantine anchorage, new Anchorage Q, is proposed to replace
Berth K-3, which is currently not maintained by the USACE. The new
quarantine anchorage would be located east of York Spit Channel between
Chesapeake Channel Lighted Buoy 36 and Chesapeake Channel Lighted Buoy
38 west of Cape Charles. The new anchorage would be located in
naturally deep water with charted depths in excess of 60 feet and would
have two 500-yard, swing-radius berths.
Current trends indicate that shipping companies will call on the
Port of Hampton Roads using larger, deeper draft vessels, thereby
creating a need for fewer trips when visiting the port of Hampton Roads
in the future. With the increase in size, The Navigation Plan for the
Port of Hampton Roads, conducted by the USACE in February of 2000,
indicated that by the year 2010 almost 40 percent of containerized
cargo will be moved on ships capable of carrying 4,000 twenty-foot
trailer equivalent units (TEU). Some ``Mega Ships'' already in service
are capable of carrying up to 6,000 TEUs. The average container ship
calling on the port today carries between 1,500 and 4,000 TEUs. The
bulk carriers that call on the Port
[[Page 57657]]
of Hampton Roads have also increased in size and will play a
significant role in the port's future design considerations. In
addition to the projected increase in the size of vessels calling on
the Port of Hampton Roads, there are two infrastructure improvement
projects in the port that affect the anchorage grounds. In September
2001, APM Terminals North America, Inc. (Maersk) purchased 570 acres of
property located on the Elizabeth River, south of Craney Island.
Dredging has begun in the vicinity of Anchorage P for the development
of a major marine container handling facility on this property. The
first ship is due to moor at this new terminal sometime in 2007.
Anchorage P lies between the future terminal and the Federal navigation
channel. Parts of Anchorage P will be made unusable following
completion of the terminal and the approach channels. Maersk has
requested the discontinuation of Anchorage P.
Likewise, the construction of the Norfolk International Terminal
North (NIT North) approach channel, which passes through the existing
Anchorage M, has rendered that anchorage unusable. This proposed rule
would discontinue Anchorage M.
To further enhance the safety of the port anchorages, this rule
proposes to amend the regulations of the boundaries of Berths 3 and 4
within Explosive Anchorage G. Currently, these berths overlap each
other and pose a potential hazard to anchored vessels. The proposed
rule would separate the berths, eliminating the risk of collision as a
result of overlapping swing circles.
The proposed rule would rename existing Anchorage R as Anchorage M,
rename existing Anchorage T as Anchorage N, rename existing Anchorage
U, The Hague, as Anchorage O, The Hague.
The proposed rule would eliminate existing Anchorages Q and S. The
proposed changes are listed in the following Table:
------------------------------------------------------------------------
Current anchorage [33 CFR 110.168(a)] Proposed change
------------------------------------------------------------------------
A--Cape Henry Naval Anchorage (1)...... No change.
B--Chesapeake Bay, Thimble Shoals No change.
Channel Naval Anchorage (CBTSC)
[(2)(i)].
C--CBTSC Naval Anchorage [(2)(ii)]..... No change.
D--CBTSC Naval Anchorage [(2)(ii)]..... No change.
E--Commercial Explosive Anchorage No change.
[(2)(iv)].
E--1 Explosive Handling Berth No change.
[(2)(iv)(A)].
F--Hampton Bar [(3)(i)]................ No changes to anchorage limits.
One 500-yard swing radius
berth would replace two 400
yard swing radius berths.
Single berth dredged to a
depth of 50 feet in 1998,
authorized depth 55 feet. New
regulations would be included
in part [(e)(3)] excluding
vessels with drafts less than
45 ft from using Anchorage F
without permission from the
Captain of the Port.
Previously, vessels with a
draft less than 40 ft and a
length of less than 700 ft
were excluded.
F-1 [(3)(i)(A)]........................ Designation would refer to 500
yard berth.
F-2 [(3)(i)(B)]........................ Discontinue F-2.
G--Hampton Flats Naval Explosives New center positions created
Anchorage [(3)(ii)]. for Berths 3 and 4, which
would remove overlapping
circumferences.
G-1 Explosives Handling Bert No change.
[(3)(ii)(A)].
G-2 Explosives Handling Bert No change.
[(3)(ii)(B)].
G-3 Explosives Handling Bert A new center position would
[(3)(ii)(C)]. replace current center
position to remove overlapping
circumferences with G-4.
G-4 Explosives Handling Bert A new center position would
[(3)(ii)(D)]. replace current center
position to remove overlapping
circumferences with G-3.
H--Newport News Bar [(3)(iii)]......... No change.
I--Newport News [(4)(i)]............... No change to existing boundary
lines. A new center position
is proposed for Berth I-2.
I-1 [(4)(i)(A)]........................ No change.
I-2 [(4)(i)(B)]........................ A new center position would
replace current center
position removing ambiguous
boundary lines.
J--Newport News Middle Ground [(4)(ii)] No change.
K--Newport News Middle Ground Replace boundary lines for K-1
[(4)(iii)] Anchorage [(3)(ii)]. and K-2 with berth
circumferences. The CG
proposes to remove K-3.
Separate Anchorage K into an
Upper and Lower section.
K-1 East Anchorage [(4)(iii)(A)]....... K-1 would have a 400 yard swing
radius and be maintained at a
depth of 45 ft. Future plans
include increasing the swing
radius to 500 yards.
K-2--West Anchorage [(4)(iii)(B)]...... K-2 would have a 400 yard swing
radius and be maintained at a
depth of 40 ft. Future plans
include increasing the depth
to 45 ft.
K-3--Quarantine Berth [(4)(iii)(C)].... We propose to remove K-3 and
establish a new quarantine
anchorage adjacent to Cape
Charles, east of York Spit
Channel.
L--Craney Island Flats [(4)(iv)]....... No change.
M--Norfolk Harbor Channel Anchorages Old Anchorage M would be
(NHCA) [(5)(i)]. eliminated.
N--NHCA [(5)(ii)]...................... Old Anchorage N would be
eliminated.
O--NHCA [(5)(iii)]..................... Old Anchorage O would be
eliminated.
P--Lambert's Point [(6)(i)]............ We would eliminate Anchorage P.
Q--Elizabeth River Anchorage Old Anchorage Q would be
(ERA)[(6)(ii)]. eliminated.
R--ERA, Port Norfolk [(6)(iii)]........ Current Anchorage R would be
redesignated Anchorage M.
S--ERA, Port Norfolk [(6)(iv)]......... We would eliminate Anchorage S.
T--ERA, Hospital Point [(6)(v)]........ We would rename Anchorage T
Anchorage N.
U--The Hague [(7)]..................... We would discontinue the use of
the Anchorage U designation.
Current Anchorage U would be
redesignated Anchorage O.
[[Page 57658]]
Q--Quarantine Anchorage................ We proposed to establish a new
quarantine anchorage adjacent
to Cape Charles east of York
Spit Channel.
------------------------------------------------------------------------
Discussion of Proposed Rule
No changes are proposed for Anchorage grounds A, B, C, D, and E.
Regulations for Anchorage F would establish one 500 yard radius berth
(F-1) that would replace the two 400 yard radius berths. Under our
proposed regulations, vessels with a draft less than 45 feet would not
be able to anchor in berth F-1 without permission from the Captain of
the Port. Currently, vessels with a draft less than 40 feet and a
length of less than 700 feet are excluded from using Anchorage F
without permission from the Captain of the Port. Anchorage berth F-2
would be discontinued.
New center positions have been calculated for Berths G-3 and G-4 to
separate intersecting circumferences. This action would remove any
ambiguity and address safety concerns involving overlapping swing
circles. Berths G-1 and G-2 would remain unchanged.
A new center position has been calculated for Berth I-2 to position
it entirely within the boundary surrounding Anchorage I. The new
position will move the berth northeast and remove any ambiguity
associated with the limits of Anchorage I or Berth I-2.
No changes are proposed for Anchorages H and J. There are no
ongoing improvement projects occurring in Anchorage K other than those
required to maintain the two 400 yard radius berths. The circular
boundary lines for Berth K-1, East Anchorage, and for Berth K-2, West
Anchorage, would be shown on future chart editions instead of the
current linear berth boundaries. Berth K-3 would be discontinued. No
changes are proposed for Anchorage L.
Anchorage M, formerly referred to as Anchorage R, and Anchorage N,
formerly referred to as Anchorage T, would remain available for small
boat usage. Anchorage O, formerly referred to as Anchorage U, or The
Hague, would also remain available for small boat usage.
A new anchorage would be established to replace the current
quarantine berth designated K-3. The current language in 33 CFR 110.168
listing specific regulations for Berth K-3 will be removed. The new
quarantine anchorage would be designated Q and located east of York
River Spit Channel between Chesapeake Channel Lighted Buoy 36 and
Chesapeake Channel Lighted Buoy 38. Two berths, Q-1 and Q-2, each
having a radius of 500 yards, would be designated within Anchorage Q.
Specific regulations for Quarantine Anchorage, Anchorage Q, formerly
Berth K-3, have been added to section (e) of the revised regulation.
The letter designations P, R, S, T, and U would be discontinued.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The proposed rule changes
complement current anchorage usage and waterway modifications made by
the USACE resulting in minimal impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule would affect the owners or
operators of small pleasure craft wishing to anchor in the Elizabeth
River anchorages that would be discontinued due to shallow natural
water depths.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its affects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District (oan), at (757) 398-6285. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
The proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental
[[Page 57659]]
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation. The proposed rule deals directly with
establishing, disestablishing and renaming anchorage areas.
A draft ``Environmental Analysis Check list'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make a final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. Revise Sec. 110.168 to read as follows:
Sec. 110.168 Hampton Roads, Virginia, and adjacent waters (Datum: NAD
83).
(a) Anchorage Grounds. (1) Anchorage A (Naval Anchorage). The
waters bounded by the shoreline and a line connecting the following
points:
Latitude Longitude
36[deg]55'33.0'' N. 76[deg]02'47.0'' W.
36[deg]57'02.8'' N. 76[deg]03'02.6'' W.
36[deg]56'45.0'' N. 76[deg]01'30.0'' W.
36[deg]55'54.0'' N. 76[deg]01'37.0'' W.
(2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
(i) Anchorage B (Naval Anchorage). The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]57'58.0'' N. 76[deg]06'07.0'' W.
36[deg]57'11.0'' N. 76[deg]03'02.1'' W.
36[deg]55'48.8'' N. 76[deg]03'14.0'' W.
36[deg]56'31.8'' N. 76[deg]06'07.0'' W.
36[deg]57'04.0'' N. 76[deg]06'07.0'' W.
36[deg]57'08.5'' N. 76[deg]06'24.5'' W.
(ii) Anchorage C (Naval Anchorage). The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]58'54.8'' N. 76[deg]09'41.5'' W.
36[deg]58'18.8'' N. 76[deg]07'18.0'' W.
36[deg]57'27.0'' N. 76[deg]07'37.5'' W.
36[deg]58'04.0'' N. 76[deg]10'00.0'' W.
(iii) Anchorage D (Naval Anchorage). The waters bounded by the
shoreline and a line connecting the following points:
Latitude Longitude
36[deg]55'49.0'' N. 76[deg]10'32.8'' W.
36[deg]58'04.0'' N. 76[deg]10'02.1'' W.
36[deg]57'31.2'' N. 76[deg]07'54.8'' W.
36[deg]55'24.1'' N. 76[deg]08'28.8'' W.
(iv) Anchorage E (Commercial Explosive Anchorage). The waters
bounded by a line connecting the following points:
Latitude Longitude
36[deg]59'58.7'' N. 76[deg]13'47.0'' W.
36[deg]59'08.2'' N. 76[deg]10'33.8'' W.
36[deg]58'13.0'' N. 76[deg]10'51.8'' W.
36[deg]59'02.0'' N. 76[deg]14'10.2'' W.
(A) Explosive Handling Berth E-1 (Explosives Anchorage Berth): The
waters bounded by the arc of a circle with a radius of 500 yards and
with the center located at:
Latitude Longitude
36[deg]59'05.0'' N. 76[deg]11'23.0'' W.
(3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]59'51.6'' N. 76[deg]19'12.0'' W.
36[deg]59'25.2'' N. 76[deg]18'48.5'' W.
36[deg]58'49.1'' N. 76[deg]19'33.8'' W.
36[deg]59'25.0'' N. 76[deg]20'07.0'' W.
(A) Anchorage Berth F-1. The waters bounded by a line connecting
the arc of a circle with a radius of 500 yards and with the center
located at:
Latitude Longitude
36[deg]59'29.1'' N. 76[deg]19'15.1'' W.
(ii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The
waters bounded by a line connecting the following points:
[[Page 57660]]
Latitude Longitude
36[deg]59'25.0'' N. 76[deg]20'07.0'' W.
36[deg]58'49.1'' N. 76[deg]19'33.8'' W.
36[deg]57'41.4'' N. 76[deg]21'07.7'' W.
36[deg]57'34.6'' N. 76[deg]21'26.7'' W.
36[deg]57'31.1'' N. 76[deg]22'01.9'' W.
36[deg]58'07.0'' N. 76[deg]22'03.0'' W.
36[deg]58'54.8'' N. 76[deg]21'42.6'' W.
(A) Explosives Handling Berth G-1. The waters bounded by the arc of
a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]57'50.0'' N. 76[deg]21'37.0'' W.
(B) Explosives Handling Berth G-2. The waters bounded by the arc of
a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'14.0'' N. 76[deg]21'01.5'' W.
(C) Explosives Handling Berth G-3. The waters bounded by the arc of
a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'34.2'' N. 76[deg]20'31.4'' W.
(D) Explosives Handling Berth G-4. The waters bounded by the arc of
a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'54.9'' N. 76[deg]20'03.2'' W.
(iii) Anchorage H, Newport News Bar. The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]58'07.0'' N. 76[deg]22'03.0'' W.
36[deg]57'31.1'' N. 76[deg]22'01.9'' W.
36[deg]57'18.0'' N. 76[deg]24'11.2'' W.
36[deg]57'38.3'' N. 76[deg]24'20.0'' W.
36[deg]57'51.8'' N. 76[deg]22'31.0'' W.
(4) James River Anchorages. (i) Anchorage I, Newport News. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]57'06.7'' N. 76[deg]24'44.3'' W.
36[deg]56'22.6'' N. 76[deg]24'28.0'' W.
36[deg]56'03.0'' N. 76[deg]24'37.0'' W.
36[deg]57'53.7'' N. 76[deg]26'41.5'' W.
36[deg]58'23.0'' N. 76[deg]27'11.0'' W.
36[deg]58'48.5'' N. 76[deg]27'11.0'' W.
36[deg]58'35.4'' N. 76[deg]26'38.4'' W.
36[deg]57'51.7'' N. 76[deg]26'02.8'' W.
36[deg]57'30.6'' N. 76[deg]25'34.5'' W.
(A) Anchorage Berth I-1. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'08.5'' N. 76[deg]25'21.6'' W.
(B) Anchorage Berth I-2. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'23.8'' N. 76[deg]25'46.0'' W.
(ii) Anchorage J, Newport News Middle Ground. The waters bounded by
a line connecting the following points:
Latitude Longitude
36[deg]57'21.0'' N. 76[deg]22'22.1'' W.
36[deg]56'46.5'' N. 76[deg]22'39.3'' W.
36[deg]56'25.3'' N. 76[deg]23'48.0'' W.
36[deg]57'10.2'' N. 76[deg]24'09.9'' W.
(iii) Anchorage K Upper, Newport News Middle Ground. The waters
bounded by a line connecting the following points:
Latitude Longitude
36[deg]57'56.4'' N. 76[deg]20'30.5'' W.
36[deg]57'08.5'' N. 76[deg]20'31.0'' W.
36[deg]56'48.8'' N. 76[deg]20'20.1'' W.
36[deg]56'45.0'' N. 76[deg]20'32.0'' W.
36[deg]56'45.0'' N. 76[deg]21'37.7'' W.
36[deg]56'59.2'' N. 76[deg]22'31.5'' W.
36[deg]57'21.0'' N. 76[deg]22'22.1'' W.
36[deg]57'28.1'' N. 76[deg]21'11.7'' W.
(A) Anchorage Berth K-1. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'30.5'' N. 76[deg]20'45.3'' W.
(B) Anchorage Berth K-2. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'16.8'' N. 76[deg]21'09.5'' W.
(iv) Anchorage K Lower, Newport News Middle Ground. The waters
bounded by a line connecting the following points:
Latitude Longitude
36[deg]55'59.9'' N. 76[deg]22'11.7'' W.
36[deg]55'59.9'' N. 76[deg]24'00.0'' W.
36[deg]56'25.3'' N. 76[deg]23'48.0'' W.
36[deg]56'46.5'' N. 76[deg]22'39.3'' W.
36[deg]56'53.1'' N. 76[deg]22'34.5'' W.
36[deg]56'38.5'' N. 76[deg]21'39.1'' W.
36[deg]56'38.5'' N. 76[deg]20'47.0'' W.
(v) Anchorage Berth L, Craney Island Flats. The waters bounded by a
line connecting the following points:
Latitude Longitude
36[deg]56'48.8'' N. 76[deg]20'20.1'' W.
36[deg]56'04.2'' N. 76[deg]20'23.7'' W.
36[deg]55'59.9'' N. 76[deg]22'11.7'' W.
(5) Elizabeth River Anchorages. (i) Anchorage M, Port Norfolk. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]51'45.7'' N. 76[deg]19'31.5'' W.
36[deg]51'45.8'' N. 76[deg]19'20.7'' W.
36[deg]51'37.8'' N. 76[deg]19'24.3'' W.
36[deg]51'32.5'' N. 76[deg]19'31.1'' W.
36[deg]51'40.7'' N. 76[deg]19'37.3'' W.
36[deg]51'45.7'' N. 76[deg]19'31.5'' W.
(ii) Anchorage N, Hospital Point. The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]50'50.0'' N. 76[deg]18'00.0'' W.
36[deg]51'05.4'' N. 76[deg]18'22.4'' W.
36[deg]50'36.7'' N. 76[deg]17'52.8'' W.
36[deg]50'33.6'' N. 76[deg]17'58.8'' W.
36[deg]50'49.3'' N. 76[deg]18'09.0'' W.
36[deg]50'50.3'' N. 76[deg]18'07.8'' W.
36[deg]50'56.2'' N. 76[deg]18'12.5'' W.
36[deg]51'01.8'' N. 76[deg]18'32.3'' W.
(iii) Anchorage O, The Hague. The waters of the basin known as
``The Hague'', north of the Brambleton Avenue Bridge, except for the
area within 100 feet of the bridge span that provides access to and
from the Elizabeth River.
(iv) Anchorage Q. Quarantine Anchorage. The waters bounded by a
line connecting the following points:
Latitude Longitude
37[deg]17'13.7'' N. 76[deg]06'41.6'' W.
37[deg]17'30.3'' N. 76[deg]05'53.9'' W.
37[deg]16'25.0'' N. 76[deg]05'18.4'' W.
37[deg]16'08.4'' N. 76[deg]06'06.0'' W.
(A) Anchorage Berth Q-1. The waters bounded by the arc of a circle
with a radius of 500 yards and with the center located at:
Latitude Longitude
37[deg]17'05.7'' N. 76[deg]06'08.9'' W.
(B) Anchorage Berth Q-2. The waters bounded by the arc of a circle
with a radius of 500 yards with the center located at:
(b) Definitions. As used in this section--
Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
Dangerous cargo means ``certain dangerous cargo'' as defined in
Sec. 160.204 of this title.
U.S. naval vessel means any vessel owned, operated, chartered, or
leased by the U.S. Navy; any pre-commissioned vessel under construction
for the U.S. Navy, once launched into the water; and any vessel under
the operational control of the U.S. Navy or a Combatant Command.
(c) General regulations. (1) Except as otherwise provided, this
section applies
[[Page 57661]]
to vessels over 20 meters long and vessels carrying or handling
dangerous cargo or Class 1 (explosive) materials while anchored in an
anchorage ground described in this section.
(2) Except as otherwise provided, a vessel may not occupy an
anchorage for more than 30 days, unless the vessel obtains a permit
from the Captain of the Port.
(3) Except in an emergency, a vessel that is likely to sink or
otherwise become a menace or obstruction to navigation or to the
anchoring of other vessels, may not occupy an anchorage, unless the
vessel obtains a permit from the Captain of the Port.
(4) The Captain of the Port may, upon application, assign a vessel
to a specific berth within an anchorage for a specified period of time.
(5) The Captain of the Port may grant a revocable permit to a
vessel for a habitual use of a berth. Only the vessel that holds the
revocable permit may use the berth during the period that the permit is
in effect.
(6) The Commander, Fifth Coast Guard District, may authorize the
establishment and placement of temporary mooring buoys within a berth.
Placement of a fixed structure within an anchorage may be authorized by
the District Engineer, U.S. Army Corps of Engineers.
(7) If an application is for the long-term lay up of a vessel, the
Captain of the Port may establish special conditions in the permit with
which the vessel must comply.
(8) Upon notification by the Captain of the Port to shift its
position within an anchorage, a vessel at anchor must get underway at
once or signal for a tug. The vessel must move to its new location
within 2 hours after notification.
(9) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the anchorages described in this section,
including, but not limited to, the number and location of anchors,
scope of chain, readiness of engineering plant and equipment, usage of
tugs, and requirements for maintaining communications guards on
selected radio frequencies.
(10) A vessel that does not have a sufficient crew on board to
weigh anchor at any time must have two anchors in place, unless the
Captain of the Port waives this requirement. Members of the crew may
not be released until the required anchors have been set.
(11) No vessel at anchor or at a mooring within an anchorage may
transfer oil to another vessel unless the vessel has given the Captain
of the Port the four hours advance notice required by Sec. 156.118 of
this title.
(12) Barges may not anchor in the deeper portions of anchorages or
interfere with the anchoring of deep-draft vessels.
(13) Barges towed in tandem to an anchorage must be nested together
when anchored.
(14) Any vessel anchored or moored in an anchorage adjacent to the
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT)
must be capable of getting underway within 30 minutes with sufficient
power to keep free of the bridge tunnel complex.
(15) A vessel may not anchor or moor in an anchorage adjacent to
the Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel
(MMBT) if its steering or main propulsion equipment is impaired.
(d) Regulations for vessels handling or carrying dangerous cargoes
or Class 1 (explosive) materials. This paragraph applies to every
vessel, except a naval vessel, handling or carrying dangerous cargoes
or Class 1 (explosive) materials.
(1) Unless otherwise directed by the Captain of the Port, each
commercial vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials must be anchored or moored within Anchorage Berth
E-1.
(2) Each vessel, including each tug and stevedore boat, used for
loading or unloading dangerous cargoes or Class 1 (explosive) materials
in an anchorage, must carry a written permit issued by the Captain of
the Port.
(3) The Captain of the Port may require every person having
business aboard a vessel handling or carrying dangerous cargoes or
Class 1 (explosive) materials while in an anchorage, other than a
member of the crew, to hold a form of valid identification.
(4) Each person having business aboard a vessel handling or
carrying dangerous cargoes or Class 1 (explosive) materials while in an
anchorage, other than a member of the crew, must present the pass or
other form of identification prescribed by paragraph (d)(4) of this
section to any Coast Guard boarding officer who requests it.
(5) The Captain of the Port may revoke at any time a pass issued
under the authority of paragraph (d)(4) of this section.
(6) Each non-self-propelled vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials must have a tug in attendance
at all times while at anchor.
(7) Each vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials while at anchor must display by day a red flag
(Bravo flag) in a prominent location and by night a fixed red light.
(e) Regulations for Specific Anchorages. (1) Anchorages A, B, C,
and D. Except for a naval vessel, military support vessel, or vessel in
an emergency situation, a vessel may not anchor in Anchorages A, B, C,
or D without the permission of the Captain of the Port. The Captain of
the Port must consult with the Commander, Naval Amphibious Base Little
Creek, before granting a vessel permission to anchor in Anchorages A,
B, C, or D.
(2) Anchorage E. (i) A vessel may not anchor in Anchorage E without
a permit issued by the Captain of the Port.
(ii) The Captain of the Port must give commercial vessels priority
over naval and public vessels.
(iii) The Captain of the Port may at any time revoke a permit to
anchor in Anchorage E issued under the authority of paragraph (e)(4)(i)
of this section.
(iv) A vessel may not anchor in Anchorage Berth E-1, unless it is
handling or carrying dangerous cargoes or Class 1 (explosive)
materials.
(v) A vessel may not anchor within 500 yards of Anchorage Berth E-1
without the permission of the Captain of the Port, if the berth is
occupied by a vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials.
(3) Anchorage F. A vessel having a draft less than 45 feet may not
anchor in Anchorage F without the permission of the Captain of the
Port. No vessel may anchor in Anchorage F for a longer period than 72
hours without permission from the Captain of the Port. Vessels
expecting to be at anchor for more than 72 hours must obtain permission
from the Captain of the Port.
(4) Anchorage G. (i) Except for a naval vessel, a vessel may not
anchor in Anchorage G without the permission of the Captain of the
Port.
(ii) When handling or transferring Class 1 (explosive) materials in
Anchorage G, naval vessels must comply with Department of Defense
Ammunition and Explosives Safety Standards, or the standards in this
section, whichever are the more stringent.
(iii) When barges and other vessels are berthed at the Ammunition
Barge Mooring Facility, located at latitude 36[deg] 58' 34'' N.,
longitude 76[deg] 21'12'' W., no other vessel, except a vessel that is
receiving or offloading Class 1 (explosive) materials, may anchor
within 1,000 yards of the Ammunition Barge Mooring Facility. Vessels
transferring class 1 (explosive) materials must display by day a red
flag (Bravo
[[Page 57662]]
flag) in a prominent location and by night a fixed red light.
(iv) Whenever a vessel is handling or transferring Class 1
(explosive) materials while at anchor in Anchorage G, no other vessel
may anchor in Anchorage G without the permission of the Captain of the
Port. The Captain of the Port must consult with the Commander, Naval
Base Norfolk, before granting a vessel permission to anchor in
Anchorage G.
(v) A vessel located within Anchorage G may not handle or transfer
Class 1 (explosive) materials within 400 yards of Norfolk Harbor
Entrance Reach.
(vi) A vessel may not handle or transfer Class 1 (explosive)
materials within 850 yards of another anchored vessel, unless the other
vessel is also handling or transferring Class 1 (explosive) materials.
(vii) A vessel may not handle or transfer Class 1 (explosive)
materials within 850 yards of Anchorage F or H.
(5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is 500
feet or less in length or that has a draft of 30 feet or less may not
anchor in Anchorage Berth I-1 or I-2 without the permission of the
Captain of the Port.
(6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that is 500
feet or less in length or that has a draft of 30 feet or less may not
anchor in Anchorage Berth K-1 or K-2 without the permission of the
Captain of the Port.
(7) Anchorage N. Portions of this anchorage are a special anchorage
area under Sec. 110.72aa of this part during marine events regulated
under Sec. 100.501 of this chapter.
(8) Anchorage O. (i) A vessel may not anchor in Anchorage O unless
it is a recreational vessel.
(ii) No float, raft, lighter, houseboat, or other craft may be laid
up for any reason in Anchorage O without the permission of the Captain
of the Port.
(9) Anchorage Q: Quarantine Anchorage. (i) A vessel that is
arriving from or departing for sea and that requires an examination by
public health, customs, or immigration authorities may anchor in
Anchorage Q.
(ii) Every vessel using Anchorage Q must be prepared to move
promptly under its own power to another location when directed by the
Captain of the Port, and must promptly vacate Anchorage Q after being
examined and released by authorities.
(iii) When any vessel using Anchorage Q is under the charge of a
pilot, the pilot shall remain on board while the vessel is in Anchorage
Q.
(iv) Any non-self-propelled vessel using Anchorage Q shall have a
tugboat in attendance while undergoing examination by quarantine,
customs, or immigration authorities, except with the permission of the
Captain of the Port.
(v) Any non-self-propelled vessel using Anchorage P shall have a
tugboat in attendance while undergoing examination by quarantine,
customs, or immigration authorities, except with the permission of the
Captain of the Port.
Dated: September 2, 2004.
Ben Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-21523 Filed 9-24-04; 8:45 am]
BILLING CODE 4910-15-P