[Federal Register: May 25, 2005 (Volume 70, Number 100)]
[Rules and Regulations]
[Page 29953-29958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my05-17]
[[Page 29953]]
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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: Final rule.
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SUMMARY: The Coast Guard is revising the anchorage regulations in the
Port of Hampton Roads. Infrastructure improvements and increases in
vessel traffic and draft calling on the port have prompted this
rulemaking. This regulation will ensure that the Hampton Roads
Anchorage Grounds continue to safely support current and future vessel
anchoring demands.
DATES: This rule is effective June 24, 2005.
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 the docket CGD05-04-043 and are available for inspection or
copying at Commander (oan), Fifth Coast Guard District, 431 Crawford
Street, Room 401, Portsmouth, VA 23704-5004 between 9 a.m. and 3 p.m.,
Monday through Friday, except public 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:
Regulatory Information
On September 27, 2004 we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Grounds, Hampton Roads, VA'' in the Federal
Register (69 FR 57656). We received one telephone call commenting on
the proposed rule. No public meeting was requested, and none was held.
On March 30, 2005 we published a supplemental notice of proposed
rulemaking (SNPRM) entitled ``Anchorage Grounds Hampton Roads, VA'' in
the Federal Register (70 FR 16195). We received no comments on the
SNPRM. No public meeting was requested, and none was held.
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 rule changes 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 project
depth of Anchorage F to 55 feet, 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 for construction once
the increase in vessel 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 this rule is published.
The overall boundary of Anchorage K has been changed so that the
entire anchorage lies north of the Fairway for Shallow Draft Vessels
and Tows.
A new quarantine anchorage, new Anchorage Q, replaces Berth K-3,
which is currently not maintained by the USACE. The new quarantine
anchorage is located east of York Spit Channel between Chesapeake
Channel Lighted Buoy 36 (LL 7215) and Chesapeake Channel Lighted Buoy
38 (LL 7230), west of Cape Charles. The new anchorage is located in
naturally deep water with charted depths in excess of 60 feet and has
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. Hyuandai Heavy Industries is
currently building ships with 10,000 TEU capacities for delivery to
Cosco. 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
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, construction of the Norfolk International Terminal North
(NIT North) approach channel, which passes through the existing
Anchorage M, has rendered that anchorage unusable. This rule
discontinues Anchorage M.
To further enhance the safety of the port's anchorages, this rule
amends 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 rule separates the berths, eliminating the
risk of collision as a result of overlapping swing circles.
The rule renames existing Anchorage R as Anchorage M, renames
existing Anchorage T as Anchorage N, renames existing Anchorage U, The
Hague, as Anchorage O, The Hague. The rule eliminates existing
Anchorages Q and S. The changes are listed in the following table:
[[Page 29954]]
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Current Anchorage [33 CFR 110.168 (a)]. 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 Navel Anchorage [(2)(iii)].... No change.
E--Commercial Explosive Anchorage No change.
[(2)(iv)].
E-1--Explosive Handling Berth No change.
[(2)(v)(A)].
F--Hampton Bar [(3)(i)]................ No changes to anchorage limits.
One 500 yard swing radius
berth will replace two 400
yard swing radius berths.
Single berth dredged to a
depth of 50 feet in 1998,
authorized depth 55 feet. New
regulations included in part
[(e)(3)] exclude 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 refers to 500 yard
berth.
F-2--[(3)(i)(B)]....................... Discontinued.
G--Hampton Flats Naval Explosives New center positions created
Anchorage [(3)(ii)]. for Berths 3 and 4, removing
overlapping circumferences.
G-1--Explosives Handling Berth No change.
[(3)(ii)(A)].
G-2--Explosives Handling Berth No change.
[(3)(ii)(B)].
G-3--Explosives Handling Berth A new center position replaces
[(3)(ii)(C)]. current center position
removing overlapping
circumferences with G-4.
G-4--Explosives Handling Berth A new center position replaces
[(3)(ii)(D)]. current center position
removing overlapping
circumferences with G-3.
H--Newport News Bar [(3)(iii)]......... No change.
I--Newport News [(4)(i)]............... No change to overall anchorage
boundaries.
I-1--[(4)(i)(A)]....................... No change.
I-2--[(4)(i)(B)]....................... A new center position replaces
current center position to
remove ambiguous boundary
lines.
J--Newport News Middle Ground [(4)(ii)] New boundary lines.
K--Newport News Middle Ground New boundary lines. Replace
[(4)(iii)]. boundary lines for K-1 and K-2
with berth circumferences.
Discontinue K-3.
K-1--East Anchorage [(4)(iii)(A)]...... K-1 will 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 will have a 400 yard swing
radius and be maintained at a
depth of 45 ft. Future plans
include increasing the depth
to 45 ft.
K-3--Quarantine Berth [(4)(iii)(C)].... Discontinued. New quarantine
anchorage established adjacent
to Cape Charles, east of York
spit Channel.
L--Craney Island Flats [(4)(iv)]....... New boundary lines.
M--Norfolk Harbor Channel Anchorages Old Anchorage M is eliminated.
(NHCA) [(5)(i)].
N--NHCA [(5)(ii)]...................... Old Anchorage N is eliminated.
O--NHCA [(5)(iii)]..................... Old Anchorage O is eliminated.
P--Lambert's Point [(6)(i)]............ Anchorage P has been
eliminated.
Q--Elizabeth River Anchorage (ERA) Anchorage Q has been
[(6)(ii)]. eliminated.
R--ERA, Port Norfolk [(6)(iii)]........ Current Anchorage R is
redesignated Anchorage M.
S--ERA, Port Norfolk [(6)(iv)]......... Anchorage S has been
eliminated.
T--ERA, Hospital Point [(6)(v)]........ Current Anchorage T is
redisignated Anchorage N.
U--The Hague [(7)]..................... Current Anchorage U is
redisignated Anchorage O.
Q--Quarantine Anchorage................ New quarantine anchorage
established adjacent to Cape
Charles east of York Spit
Channel.
------------------------------------------------------------------------
Discussion of Comments and Changes
One comment was received via telephone from NOAA's Nautical Data
Branch in Silver Spring, MD in response to the NPRM. The first two
positions in Anchorage N, Hospital Point have been interchanged putting
the positions in their intended sequence. Also noted by NOAA, the
center coordinate for Berth Q-2 was inadvertently excluded from the
NPRM when published in the Federal Register. The center coordinate for
Berth Q-2 will be included in the final rule. The word ``permission''
has replaced the word ``permit'' in paragraph (c)(2), (d)(2), (e)(2),
and, (e)(2)(iii) to align the regulation with current Coast Guard
procedures.
Regulatory Evaluation
This 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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The 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 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 rule will
not have a significant economic impact on a substantial number of small
entities.
[[Page 29955]]
The rule will affect the owners or operators of small pleasure
craft wishing to anchor in the Elizabeth River anchorages that will be
discontinued due to shallow natural water depths. Anchorages available
for use by owners and operators of small pleasure craft include
Hospital Point Anchorage, new Anchorage M in the vicinity of Portsmouth
Marine Terminal, and The Hague.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
affects on them and participate in the rulemaking process.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 rule deals directly with establishing,
disestablishing and renaming anchorage areas.
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 grounds.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
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.
0
2. Revise Sec. 110.168 to read as follows:
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
[[Page 29956]]
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
(v) 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
(ii) 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
(iii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The
waters bounded by a line connecting the following points:
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
(iv) 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
(v) 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
(vi) 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
(vii) 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
(viii) 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
(ii) 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
(iii) 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
(iv) Anchorage J, 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]57'10.2'' N 76[deg]24'09.9'' W
36[deg]57'12.0'' N 76[deg]23'47.3'' 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 K, 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]20'22.5'' 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]57'14.1'' N 76[deg]23'29.1'' W
36[deg]57'28.1'' N 76[deg]21'11.7'' W
(vi) 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
(vii) 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
(viii) Anchorage Berth L, Craney Island Flats. 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]56'38.5'' N 76[deg]20'45.5'' W
36[deg]56'30.0'' N 76[deg]20'24.3'' W
36[deg]56'04.2'' N 76[deg]20'26.2'' 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:
[[Page 29957]]
Latitude Longitude
36[deg]51'05.4'' N 76[deg]18'22.4'' W
36[deg]50'50.0'' N 76[deg]18'00.0'' 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.
(6) 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
(i) 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
(ii) Anchorage Berth Q-2. The waters bounded by the arc of a circle
with a radius of 500 yards with the center located at:
Latitude Longitude
37[deg]16'33.0'' N 76[deg]05'51.1'' W
(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 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 permission
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 permission 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 have permission 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
identification prescribed by paragraph (d)(3) of this section to any
Coast Guard boarding officer who requests it.
(5) 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.
(6) 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
[[Page 29958]]
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
permission from 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 permission 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
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
Station 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 shall anchor in
Anchorage Q. Vessels not needing examination may use Anchorage Q at any
time.
(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) Any non-self-propelled vessel using Anchorage Q must 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: May 6, 2005.
L.J. Bowling,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 05-10364 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-15-P