[Federal Register: October 12, 2004 (Volume 69, Number 196)]
[Proposed Rules]
[Page 60592-60595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc04-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-03-036]
RIN 1625-AA01
Baltimore Harbor Anchorage Project
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the geographic coordinates
and modify the regulated use of the anchorages in Baltimore Harbor, MD.
Since publication of the previous supplemental notice of proposed
rulemaking (SNPRM), the Coast Guard also proposes to change the
requirements for visitors on board vessels carrying Certain Dangerous
Cargoes (CDC) and to reinstate time restrictions, inadvertently
excluded from the notice of proposed rulemaking (NPRM) and previous
SNPRM, for vessels anchored in designated anchorage grounds. This
supplemental notice of proposed rulemaking solicits comments for those
changes plus all original changes in the NPRM and the two changes
published in the first SNPRM. An explanation of the additional changes
can be found in the ``Discussion of Rule'' section of this document.
DATES: Comments and related material must reach the Coast Guard on or
before December 13, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-03-036 and are available for inspection or
copying at Commander, Fifth Coast Guard District (oan), 431 Crawford
Street, Portsmouth, VA, 23704-5004 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 Aids to Navigation and Waterways
Management Branch, (757) 398-6285, email: trmartin@lantd5.uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages 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
(CGD05-03-036), 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.
Regulatory Information
On July 2, 2003, we published a notice of proposed rulemaking
(NPRM) (68 FR 39503) entitled Baltimore Harbor Anchorage Project in the
Federal Register. We received one phone call commenting on the NPRM. No
public hearing was requested, and none was held.
On January 14, 2004 we published a supplemental notice of proposed
rulemaking (SNPRM) (69 FR 2095) also entitled Baltimore Harbor
Anchorage Project in the Federal Register. Since then some point
coordinates outlining Anchorages 1, 2, 5, 6, and 7 have been refined
through telephone and email correspondences with the National Oceanic
and Atmospheric Administration (NOAA) and the U.S. Army Corps of
Engineers better aligning the new anchorages with the Federal
Navigation project.
In the NPRM and previous SNPRM, with the exception of specific time
limitations in three of the anchorages, the regulatory text omitted the
language from the current regulation regarding the length of time a
vessel may remain anchored in the general anchorages. The changes to
this rule do not affect the time limitations set out in the current
regulation and therefore, that language will be reinstated in the
regulatory text in the final rule.
Background and Purpose
The U.S. Army Corps of Engineers received Congressional
authorization for the Baltimore Harbor Anchorage project in September
2001. The objective of this project was to increase the project depths
of Anchorages 3 and 4 to 42ft and 35ft respectively. The original
Federal anchorage project for Baltimore Harbor was designed to
accommodate cargo ships with maximum drafts of 33ft and lengths of
550ft. The new dimensions of the anchorages were changed to accommodate
larger ships calling on the Port that routinely approach 1000ft length,
with drafts of 36 to 38 feet or more. The new
[[Page 60593]]
coordinates established for Anchorages 2, 3, and 4, also accommodate
the widening of the Dundalk West Channel, a north/south Federal
navigation project located between Anchorage 3 and Anchorage 4 and
widening of the Dundalk East Channel, bordering Anchorage 4. Anchorage
3 was divided into two sections: Anchorage 3 Lower (2200' x 2200' x
42ft mean lower low water (MLLW)) and Anchorage 3 Upper (1800' x 1800'
x 42ft MLLW). Anchorage 4 was also modified (1850' x 1800' x 35ft
MLLW).
Dredging for the Baltimore Harbor Anchorage was completed in May
2003.
Discussion of Rule
Since the previous SNPRM was published, the Coast Guard proposed
additional changes by refining the positions of three coordinates
surrounding Anchorages 2. The coordinates appeared to enter or come
close to entering the Federal navigation project when viewed in
automatic computer aided drafting (AUTOCAD) software. The proposed
changes will remove any ambiguity in boundary lines when depicted on
NOAA charts. The following three points outlining Anchorage 2 were
changed:
Latitude Longitude
(1) 39[deg]14[min]56.1[sec] N 76[deg]33[min]37.1[sec] W
(2) 39[deg]15[min]14.8[sec] N 76[deg]32[min]59.6[sec] W
(3) 39[deg]14[min]41.1[sec] N 76[deg]32[min]27.2[sec] W
The new positions are:
Latitude Longitude
(1) 39[deg]14[min]56.96[sec] N 76[deg]33[min]37.15[sec] W
(2) 39[deg]15[min]14.19[sec] N 76[deg]32[min]57.76[sec] W
(3) 39[deg]14[min]41.37[sec] N 76[deg]32[min]27.38[sec] W
Since the width of Fort McHenry Channel was decreased from 800 feet
to 700 feet Anchorage 1 has been positioned closer to the channel using
USACE coordinates to facilitate access to that anchorage. The four
points defining Anchorage 1 were changed and are reflected in the
proposed regulation.
Although not maintained by the USACE the coordinates defining
Anchorages 5, 6, and, 7 have been adjusted to better align those
anchorages with the Federal navigation project.
The language requiring non-crewmembers to carry a pass issued by
the Captain of the Port (COTP) while visiting ships at anchor carrying
dangerous cargo or Class I (explosive) materials has been removed. The
Coast Guard may include the requirement to carry a pass in the future.
The remaining language allows the COTP to request all visitors to
anchored vessels carrying dangerous cargo to carry a form of
identification prescribed in the vessel's security plan. This proposed
change will incorporate language consistent with other anchorage
regulations.
Time restrictions inadvertently left out of the NPRM and previous
SNPRM have been reinstated throughout the regulation. In Sec. 110.158
paragraph (a) time restrictions are listed in subparagraphs (1)(B),
(2)(B), (3)(B), (4)(B), (5)(B), (6)(B), and (7)(B).
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
The deepening of Anchorage 3 and Anchorage 4 within the Port of
Baltimore accommodates deep draft vessels waiting for an open berth.
The Coast Guard does not expect that these new regulations will
adversely impact maritime commerce.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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
would not have a significant economic impact on a substantial number of
small entities. This proposed may affect the following entities, some
of which might be small entities: The owners or operators of vessels
used for chartering, taxi, ferry services, or any other marine traffic
that transit this area of Fort McHenry Channel in Baltimore Harbor.
Changes to Anchorage No. 3 and Anchorage No. 4 may change the vessel
routing through this area of the harbor. Deepening the anchorages and
changing the coordinates for the anchorages will not have a significant
economic impact on a substantial number of small entities for the
following reasons. Vessel traffic can pass safely around the new
anchorage areas. The new coordinates for the anchorages are a change in
dimension, the size of which will remain proportional to its current
size, and their location will not interfere with commercial traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the proposed so that they could better
evaluate its effects on them and participate in the rulemaking process.
If the proposed would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Timothy
Martin at the address listed (see ADDRESSES).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
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 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 will not result in such
expenditure, we do discuss possible effects in the section titled Small
Entities in this preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 60594]]
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 does not
create and environmental risk to health or risk to safety that may
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 does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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. This rule changes the size of Anchorage
No. 2, Anchorage No. 3 and Anchorage No. 4 and modifies the regulated
uses of these anchorages.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage Regulations
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 citation 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. 110.158 to read as follows:
Sec. 110.158 Baltimore Harbor, MD.
All positions in this section use North American Datum 1983.
(a) Anchorage Grounds
(1) Anchorage No. 1, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]15[min]13.51[sec] N 76[deg]34[min]07.76[sec] W
39[deg]15[min]11.01[sec] N 76[deg]34[min]11.69[sec] W
39[deg]14[min]52.98[sec] N 76[deg]33[min]52.67[sec] W
39[deg]14[min]47.90[sec] N 76[deg]33[min]40.73[sec] W
(ii) No vessel shall remain in this anchorage for more than 12
hours without permission from the Captain of the Port.
(2) Anchorage No. 2, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]14[min]46.23[sec] N 76[deg]33[min]25.82[sec] W
39[deg]14[min]56.96[sec] N 76[deg]33[min]37.15[sec] W
39[deg]15[min]08.55[sec] N 76[deg]33[min]37.65[sec] W
39[deg]15[min]19.28[sec] N 76[deg]33[min]24.49[sec] W
39[deg]15[min]19.33[sec] N 76[deg]33[min]14.32[sec] W
39[deg]15[min]14.19[sec] N 76[deg]32[min]57.76[sec] W
39[deg]15[min]06.87[sec] N 76[deg]32[min]45.48[sec] W
39[deg]14[min]41.37[sec] N 76[deg]32[min]27.38[sec] W
39[deg]14[min]30.93[sec] N 76[deg]32[min]33.52[sec] W
39[deg]14[min]46.27[sec] N 76[deg]32[min]49.69[sec] W
39[deg]14[min]43.76[sec] N 76[deg]32[min]53.62[sec] W
39[deg]14[min]57.51[sec] N 76[deg]33[min]08.13[sec] W
(ii) No vessel shall remain in this anchorage for more than 72
hours without a written permit from the Captain of the Port.
(3) Anchorage No. 3, Upper, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]14[min]32.48[sec] N 76[deg]33[min]11.31[sec] W
39[deg]14[min]46.23[sec] N 76[deg]33[min]25.82[sec] W
39[deg]14[min]57.51[sec] N 76[deg]33[min]08.13[sec] W
39[deg]14[min]43.76[sec] N 76[deg]32[min]53.62[sec] W
(ii) No vessel shall remain in this anchorage for more than 24
hours without permission from the Captain of the Port.
(4) Anchorage No. 3, Lower, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]14[min]32.48[sec] N 76[deg]33[min]11.31[sec] W
39[deg]14[min]46.27[sec] N 76[deg]32[min]49.69[sec] W
39[deg]14[min]30.93[sec] N 76[deg]32[min]33.52[sec] W
39[deg]14[min]24.40[sec] N 76[deg]32[min]39.87[sec] W
39[deg]14[min]15.66[sec] N 76[deg]32[min]53.58[sec] W
(ii) No vessel shall remain in this anchorage for more than 72
hours without a written permit from the Captain of the Port.
(5) Anchorage No. 4, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]13[min]52.91[sec] N 76[deg]32[min]29.60[sec] W
39[deg]14[min]05.91[sec] N 76[deg]32[min]43.30[sec] W
39[deg]14[min]07.30[sec] N 76[deg]32[min]43.12[sec] W
39[deg]14[min]17.96[sec] N 76[deg]32[min]26.41[sec] W
39[deg]14[min]05.32[sec] N 76[deg]32[min]13.09[sec] W
39[deg]14[min]00.46[sec] N 76[deg]32[min]17.77[sec] W
(ii) No vessel shall remain in this anchorage for more than 72
hours without a written permit from the Captain of the Port.
(6) Anchorage No. 5, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]14[min]07.89[sec] N 76[deg]32[min]58.23[sec] W
[[Page 60595]]
39[deg]13[min]34.82[sec] N 76[deg]32[min]23.66[sec] W
39[deg]13[min]22.25[sec] N 76[deg]32[min]28.90[sec] W
39[deg]13[min]21.20[sec] N 76[deg]33[min]11.94[sec] W
(ii) No vessel shall remain in this anchorage for more than 72
hours without a written permit from the Captain of the Port.
(7) Anchorage No. 6, general anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]13[min]42.98[sec] N 76[deg]32[min]19.11[sec] W
39[deg]13[min]20.65[sec] N 76[deg]31[min]55.58[sec] W
39[deg]13[min]34.00[sec] N 76[deg]31[min]33.50[sec] W
39[deg]14[min]01.95[sec] N 76[deg]32[min]02.65[sec] W
39[deg]13[min]51.01[sec] N 76[deg]32[min]18.71[sec] W
(ii) No vessel shall remain in this anchorage for more than 72
hours without a written permit from the Captain of the Port.
(8) Anchorage No. 7, Dead ship anchorage.
(i) The waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]13[min]00.40[sec] N 76[deg]34[min]10.40[sec] W
39[deg]13[min]13.40[sec] N 76[deg]34[min]10.81[sec] W
39[deg]13[min]13.96[sec] N 76[deg]34[min]05.02[sec] W
39[deg]13[min]14.83[sec] N 76[deg]33[min]29.80[sec] W
39[deg]13[min]00.40[sec] N 76[deg]33[min]29.90[sec] W
(ii) The primary use of this anchorage is to lay up dead ships.
Such use has priority over other uses. A written permit from the
Captain of the Port must be obtained prior to the use of this anchorage
for more than 72 hours.
(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.
160.203 of this title.
(c) General regulations. (1) Except as otherwise provided, this
section applies to vessels over 20 meters long and all vessels carrying
or handling dangerous cargo or Class 1 (explosive) materials while
anchored in an anchorage ground described in this section.
(2) Except in cases where unforeseen circumstances create
conditions of imminent peril, or with the permission of the Captain of
the Port, no vessel shall be anchored in Baltimore Harbor and Patapsco
River outside of the anchorage areas established in this section for
more than 24 hours. No vessel shall anchor within a tunnel, cable or
pipeline area shown on a government chart. No vessel shall be moored,
anchored, or tied up to any pier, wharf, or other vessel in such manner
as to extend into established channel limits. No vessel shall be
positioned so as to obstruct or endanger the passage of any other
vessel.
(3) Except in an emergency, a vessel that is likely to sink or
otherwise become a menace or obstruction to navigation or 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 grant a revocable permit to a
vessel for a habitual use of an anchorage. Only the vessel that holds
the revocable permit may use the anchorage during the period that the
permit is in effect.
(5) Upon notification by the Captain of the Port to shift its
position, a vessel at anchor shall get underway and shall move to its
new designated position within 2 hours after notification.
(6) 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 communication guards on selected
radio frequencies.
(7) No vessel at anchor or at a mooring within an anchorage may
transfer oil to or from 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.
(8) No vessel shall anchor in a ``dead ship'' status (propulsion or
control unavailable for normal operations) without prior approval of
the Captain of the Port.
(d) Regulations for vessels handling or carrying dangerous cargoes
or Class 1 (explosive) materials.
(1) This paragraph (d) applies to every vessel, except a U.S. naval
vessel, handling or carrying dangerous cargoes or Class 1 (explosive)
materials.
(2) 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 identification prescribed in the
vessel's security plan.
(3) 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, shall present the
identification prescribed by paragraph (d)(2) of this section to any
Coast Guard Boarding Officer who requests it.
(4) 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.
(5) Each vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials while at anchor must display by day a bravo flag
in a prominent location and by night a fixed red light.
Dated: September 28, 2004.
Ben Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-22745 Filed 10-8-04; 8:45 am]
BILLING CODE 4910-15-U