[Federal Register: April 8, 2005 (Volume 70, Number 67)]
[Rules and Regulations]
[Page 17898-17901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap05-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-03-036]
RIN 1625-AA01
Anchorage Grounds; Baltimore Harbor Anchorage Project
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the geographic coordinates and
modifying the regulated use of the anchorages in Baltimore Harbor, MD.
This amendment is necessary to ensure changes in depth and dimension to
the Baltimore Harbor anchorages resulting from an Army Corps of
Engineers anchorage-deepening project are reflected in the Federal
regulations and on National Oceanic and Atmospheric Association charts.
The modifications to the regulated uses of the anchorages accommodate
changes to ships' drafts and lengths since the last revision of this
regulation in 1968 and standardize the anchorage regulations throughout
the Fifth Coast Guard District.
DATES: This rule is effective May 9, 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 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.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 2, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Baltimore Harbor Anchorage Project in the Federal
Register (68 FR 39503). 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) also entitled Baltimore Harbor Anchorage Project in
the Federal Register (69 FR 2095) to solicit for comments on updates
made to Anchorage 2. No public hearing was requested, and none was
held.
On October 12, 2004 we published a supplemental notice of proposed
rulemaking (SNPRM) again entitled Baltimore Harbor Anchorage Project in
the Federal Register (69 FR 60592) to better align the anchorages with
the Federal navigation project. No comments were received on the SNPRM.
No public hearing was requested, none was held.
Background and Purpose
The U.S. Army Corps of Engineers received Congressional
authorization for the Baltimore Harbor Anchorage project in September
2001. Dredging for the Baltimore Harbor Anchorage was completed in May
2003. The objective of this project was to increase the project depths
of Anchorage No. 3 and No. 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 dimensions of the anchorages changed to
accommodate the larger ships that call on the Port that routinely
approach 1000ft length overall with drafts of 36 to 38 feet or more.
The new coordinates established for Anchorage Nos. 2, 3, and 4, also
accommodate the widening of the Dundalk West Channel, a north/south
Federal navigation project located between Anchorage No. 3 and
Anchorage No. 4 and widening of the Dundalk East Channel bordering
Anchorage No. 4. Anchorage No. 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 No. 4 was
also modified (1850' x 1800' x 35ft MLLW).
Discussion of Comments and Changes
One comment was received regarding the new coordinates of the
anchorages in response to the NPRM (68 FR 39503). Three changes where
made based on that comment. The longitude for the fourth coordinate in
Anchorage 3 Upper listed as 76[deg] 33'53.6'' W was changed to 76[deg]
32' 53.6'' W. In Anchorage 2, the sixth position incorrectly listed as
39[deg] 14'43.7'' N, 76[deg] 2'63.6'' W was changed to 39[deg]14'43.7''
N, 76[deg] 32'53.6'' W. Also in Anchorage 2, the second coordinate
listed as 39[deg] 14'43.9'' N, 76[deg] 32'27.0'' W was excluded.
Two changes were made to the two northwestern coordinates in
Anchorage 2 after the comment period for the NPRM had expired.
Therefore, we issued a SNPRM to solicit comments. No comments were
received.
Minor changes were made to the geographic points making up
Anchorages 1, 2, 5, 6 and 7 to aid in the graphical representations of
those anchorages and better align them with the Federal navigation
project. One decimal place was added to all coordinates to better
define the anchorage boundaries. Therefore, we published a second SNPRM
to solicit comments on the changes. No comments were received.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory
[[Page 17899]]
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 No. 3 and Anchorage No. 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 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. This rule 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 rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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 possible effects of this rule in the section titled Small
Entities 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 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 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
[[Page 17900]]
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 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 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.
0
2. In Sec. 110.158 revise paragraphs (a) and (b) and add paragraph (c)
and (d) to read as follows:
Sec. 110.158 Baltimore Harbor, MD.
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]15'13.51'' N 76[deg]34'07.76'' W
39[deg]15'11.01'' N 76[deg]34'11.69'' W
39[deg]14'52.98'' N 76[deg]33'52.67'' W
39[deg]14''47.90'' N 76[deg]33'40.73'' 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]14'46.23'' N 76[deg]33'25.82'' W
39[deg]14'56.96'' N 76[deg]33'37.15'' W
39[deg]15'08.55'' N 76[deg]33'37.65'' W
39[deg]15'19.28'' N 76[deg]33'24.49'' W
39[deg]15'19.33'' N 76[deg]33'14.32'' W
39[deg]15'14.19'' N 76[deg]32'57.76'' W
39[deg]15'06.87'' N 76[deg]32'45.48'' W
39[deg]14'41.37'' N 76[deg]32'27.38' W
39[deg]14'30.93'' N 76[deg]32'33.52'' W
39[deg]14'46.27'' N 76[deg]32'49.69'' W
39[deg]14'43.76'' N 76[deg]32'53.62'' W
39[deg]14'57.51'' N 76[deg]33'08.13'' W
(ii) No vessel shall remain in this anchorage for more than 72
hours without permission 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]14'32.48'' N 76[deg]33'11.31'' W
39[deg]14'46.23'' N 76[deg]33'25.82'' W
39[deg]14'57.51'' N 76[deg]33'08.13'' W
39[deg]14'43.76'' N 76[deg]32'53.62'' 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]14'32.48'' N 76[deg]33'11.31'' W
39[deg]14'46.27'' N 76[deg]32'49.69'' W
39[deg]14'30.93'' N 76[deg]32'33.52'' W
39[deg]14'24.40'' N 76[deg]32'39.87'' W
39[deg]14'15.66'' N 76[deg]32'53.58'' W
(ii) No vessel shall remain in this anchorage for more than 72
hours without permission 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]13'52.91'' N 76[deg]32'29.60'' W
39[deg]14'05.91'' N 76[deg]32'43.30'' W
39[deg]14'07.30'' N 76[deg]32'43.12'' W
39[deg]14'17.96'' N 76[deg]32'26.41'' W
39[deg]14'05.32'' N 76[deg]32'13.09'' W
39[deg]14'00.46'' N 76[deg]32'17.77'' W
(ii) No vessel shall remain in this anchorage for more than 72
hours without permission 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]14'07.89'' N 76[deg]32'58.23'' W
39[deg]13'34.82'' N 76[deg]32'23.66'' W
39[deg]13'22.25'' N 76[deg]32'28.90'' W
39[deg]13'21.20'' N 76[deg]33'11.94'' W
(ii) No vessel shall remain in this anchorage for more than 72
hours without permission 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]13'42.98'' N 76[deg]32'19.11'' W
39[deg]13'20.65'' N 76[deg]31'55.58'' W
39[deg]13'34.00'' N 76[deg]31'33.50'' W
39[deg]14'01.95'' N 76[deg]32'02.65'' W
39[deg]13'51.01'' N 76[deg]32'18.71'' W
(ii) No vessel shall remain in this anchorage for more than 72
hours without permission 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]13'00.40'' N 76[deg]34'10.40'' W
39[deg]13'13.40'' N 76[deg]34'10.81'' W
39[deg]13'13.96'' N 76[deg]34'05.02'' W
39[deg]13'14.83'' N 76[deg]33'29.80'' W
39[deg]13'00.40'' N 76[deg]33'29.90'' W
(ii) The primary use of this anchorage is to lay up dead ships.
Such use has priority over other uses. Permission 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
[[Page 17901]]
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 chapter.
(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: March 25, 2005.
Ben Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 05-6956 Filed 4-7-05; 8:45 am]
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