[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Proposed Rules]
[Page 27948-27953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn09-20]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-0171]
RIN 1625-AA01
Anchorage Regulations; Long Island Sound
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish seven anchorage grounds
in Long Island Sound. These anchorages would be located within
Connecticut or New York State waters. This action is necessary to aid
in facilitating the safe and secure anchorage of vessels, particularly
deep draft vessels, transiting Long Island Sound or awaiting entry to a
port or facility in New York and Connecticut.
DATES: Comments and related material must be received by the Coast
Guard on or before August 11, 2009. Requests for public meetings must
be received by the Coast Guard on or before July 13, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-0171 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for
[[Page 27949]]
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LT Doug Miller, Prevention Department Sector Long
Island Sound, Coast Guard, telephone 203-468-4596, e-mail
Douglas.J.Miller@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0171), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0171'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0171'' in the Docket ID box, press Enter,
and then click on the item in the Docket ID column. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a public meeting on or before July 13, 2009 using one of
the four methods specified under ADDRESSES. Please explain why you
believe a public meeting 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
The Coast Guard proposes to establish seven anchorage grounds in
Long Island Sound in accordance with 33 CFR 109.05 and 110.1(b).
The Coast Guard consulted with several agencies in the development
of these proposed anchorage grounds, including: The Army Corps of
Engineers New England District; the Army Corps of Engineers New York
District; the National Oceanic and Atmospheric Administration (NOAA);
the National Marine Fisheries Service (NMFS); the Connecticut
Department of Environmental Protection--Office of Long Island Sound
Programs; the New York Department of State; and the New York Department
of Conservation. Additionally, the licensed marine pilot organizations
of both Connecticut and New York were consulted due to their extensive
knowledge of the usage and need for anchorage grounds in Long Island
Sound.
In determining the need for, and appropriate location of, the
proposed anchorage grounds, we considered several factors, including:
The commercial need for anchorage grounds; proximity to ports; safety
of navigation; potential impact on commercial fishing; location of
dredged material disposal sites; maritime security; environmental
implications; and location of known underwater obstructions, cables,
pipelines, and wrecks.
The proposed anchorage grounds are designated for general purposes,
but are intended primarily for use by commercial vessels of 300 gross
tons and greater and all tank vessels including tank barges. This
proposed regulation would not restrict anchorage in any other area of
the Sound.
Creating official anchorage areas through this rulemaking would
cause more vessels to anchor in these areas, in addition to the large
number that already do so, thereby providing the Captain of the Port
with increased options for vessels needing to anchor while awaiting
authorization to enter port. The designation of anchorage grounds would
provide for the safety of navigation by providing designated locations
for anchorage of deep draft vessels throughout Long Island Sound, in
close proximity to the major ports of Bridgeport, New Haven, and New
London, Connecticut, and Riverhead, Northport, and Port Jefferson, New
York. Vessels transiting Long Island Sound would be on notice that
vessels may be anchored in the anchorage grounds, thus providing for
the safety of navigation. There are no cable or pipeline areas running
through any of the seven proposed areas. Designation of these anchorage
grounds would help guide the installation of future cables or pipelines
so that they are located outside of the anchorage grounds. Keeping
these areas free of underwater obstructions helps ensure safe
navigation.
Recently, the U.S. Environmental Protection Agency (EPA) considered
the designation of one or more open-water dredged material disposal
sites in the western and central regions of Long Island Sound, off the
coasts of Connecticut and New York. An Environmental Impact Statement
for the
[[Page 27950]]
Designation of Dredged Material Disposal Sites in Central and Western
Long Island Sound is available at: http://www.epa.gov/region01/eco/
lisdreg/index.html. Two of the proposed dredged material disposal site
areas are located off the coasts of Bridgeport and New Haven,
Connecticut. In order to prevent disturbance of contaminated sediment,
the proposed anchorage grounds off of Bridgeport and New Haven have
been configured so that they are at least 1,000 yards, or one-half
nautical mile, from the proposed disposal areas.
Additionally, the proposed anchorage grounds have been examined in
relation to historic disposal sites. None of the proposed anchorages
overlaps with a historic dredge disposal site.
The location of several submarine cables and pipelines carrying
electricity and natural gas are de facto limitations on anchoring as
these are hazards for vessels anchoring elsewhere in the Sound. Past
anchor snags of submarine cables have interrupted use of the cable;
snags also present potential hazards to the stability of vessels, as
well as to the marine environment should the housing of the cable
contain any environmentally harmful materials. Establishment of these
anchorage grounds would provide for protection of the environment in
that vessels may anchor in an area free from cables. This would provide
protections against anchor strikes of submarine cables and pipelines.
We anticipate no negative impact to the fishing community,
including dragging, lobster, and shellfish fishing. This proposed rule
does not intend to exclude fishing activity or the transit of vessels
in the anchorage grounds. Rather, the regulations would only require
that all vessels maintain a distance of 500 yards from an anchored
vessel that is carrying petroleum or other flammable cargo, or that is
conducting bunkering or lightering operations. Such anchored vessels
are readily identified as, under the proposed rule, they must display a
red flag by day or a red light at night in addition to the required
navigation lights and shapes. This rule would require that vessels
fishing and/or transiting through the anchorages maintain that pre-
established distance from said anchored vessels. We anticipate the
designation of these anchorage grounds may increase the number of
anchored vessels in the area; however such increase will cause only
minimal interference to transiting vessels as the proposed areas have
historically been utilized for anchoring. Additionally, the proposed
anchorage grounds have been configured so they do not overlap with
leased shellfish beds.
The NOAA Navigation Manager for the Northeast Region has provided
information regarding the location of wrecks within Long Island Sound.
No historical wrecked vessels are located within any of the proposed
anchorage grounds.
Discussion of Proposed Rule
The proposed rule would create seven new anchorage grounds named
for proximity to geographical locations. The geographic locations are
described below:
(1) Bridgeport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]05'30'' N.................. 73[deg]13'30'' W; thence to
41[deg]05'00'' N.................. 73[deg]11'00'' W; thence to
41[deg]02'30'' N.................. 73[deg]12'18'' W; thence to
41[deg]04'00'' N.................. 73[deg]16'30'' W; returning to point
of origin.
------------------------------------------------------------------------
(2) New Haven North Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]12'18'' N.................. 72[deg]52'36'' W; thence to
41[deg]12'18'' N.................. 72[deg]49'36'' W; thence to
41[deg]10'12'' N.................. 72[deg]48'18'' W; thence to
41[deg]10'12'' N.................. 72[deg]52'12'' W; thence to
41[deg]11'06'' N.................. 72[deg]53'06'' W; returning to point
of origin.
------------------------------------------------------------------------
(3) New Haven South Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]09'30'' N.................. 72[deg]47'48'' W; thence to
41[deg]08'36'' N.................. 72[deg]47'24'' W; thence to
41[deg]08'36'' N.................. 72[deg]51'24'' W; thence to
41[deg]09'30'' N.................. 72[deg]51'48'' W; returning to point
of origin.
------------------------------------------------------------------------
(4) New London Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]15'36'' N.................. 072[deg]13'36'' W; thence to
41[deg]16'18'' N.................. 072[deg]10'24'' W; thence to
41[deg]15'24'' N.................. 072[deg]10'06'' W; thence to
41[deg]14'42'' N.................. 072[deg]13'12'' W; returning to
point of origin.
------------------------------------------------------------------------
(5) Northport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]58'48'' N.................. 073[deg]16'30'' W; thence to
40[deg]57'42'' N.................. 073[deg]11'42'' W; thence to
40[deg]56'30'' N.................. 073[deg]13'30'' W; thence to
40[deg]57'36'' N.................. 073[deg]18'12'' W; returning to
point of origin.
------------------------------------------------------------------------
(6) Port Jefferson Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]01'48'' N.................. 073[deg]04'54'' W; thence to
41[deg]01'48'' N.................. 073[deg]00'00'' W; thence to
41[deg]00'18'' N.................. 073[deg]00'00'' W; thence to
41[deg]00'18'' N.................. 073[deg]04'54'' W; returning to
point of origin.
------------------------------------------------------------------------
(7) Riverhead Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]03'00'' N.................. 072[deg]42'00'' W; thence to
41[deg]04'00'' N.................. 072[deg]36'00'' W; thence to
41[deg]02'00'' N.................. 072[deg]35'24'' W; thence to
41[deg]01'24'' N.................. 072[deg]41'24'' W; returning to
point of origin.
------------------------------------------------------------------------
All coordinates referenced use datum: NAD 83.
These proposed anchorage grounds are designated for general
purposes, but are primarily intended for commercial vessels of 300
gross tons and greater and all tank vessels including tank barges.
Except in cases of emergencies, commercial vessels of 300 gross tons
and greater and all tank vessels, including tank barges anchoring in
the Captain of the Port Long Island Sound Zone inside the line of
demarcation, would anchor in the anchorage grounds described above.
Prior to entering any of the proposed anchorage areas, all vessels
would be required to notify the Coast Guard Captain of the Port via
VHF-FM Channel 16. The Captain of the Port may prescribe specific
conditions for vessels anchoring within the proposed zones described in
this section, pursuant to 33 CFR 109.05.
This proposed rule would require that anchors be placed well within
the anchorage areas, so that no portion of the hull or rigging will at
any time extend outside of the anchorage area. All anchored vessels
within the designated anchorage areas would be required to comply with
the regulations in 33 CFR 164.19 and maintain a continuous bridge watch
by a licensed
[[Page 27951]]
deck officer proficient in English, monitoring VHF-FM Channel 16. This
individual would be required to confirm that the ship's crew performs
frequent checks of the vessel's position to ensure the vessel is not
dragging anchor.
Existing regulations at 33 CFR 156.118 require that, in anchorages
where lightering is authorized, the Captain of the Port must be
notified at least four hours in advance of a vessel conducting
lightering operations. Under the proposed rule, any vessel conducting
lightering or bunkering operations would be required to display by day
a red flag at its mast head or at least 10 feet above the upper deck if
the vessel has no mast, and by night a red light in the same position
specified for the flag. These signals would be in addition to day
signals, lights, and sound signals required to be shown or sounded by
all vessels when at anchor in a general anchorage.
Within the proposed anchorages, fishing and navigation would be
prohibited within 500 yards of an anchored vessel that is carrying
petroleum or other flammable cargo, or that is conducting bunkering or
lightering operations. Such anchored vessels are readily identified as
they would be required to display a red flag by day or a red light at
night in addition to the required navigation lights and shapes.
This proposed rule would prohibit a vessel from occupying an
anchorage for more than 30 days, unless the vessel obtains permission
from the Captain of the Port. In the event of a request for the long-
term lay up of a vessel, the Captain of the Port may establish special
conditions with which the vessel must comply in order for such a
request to be approved.
No vessel in such condition that it is likely to sink or otherwise
become a menace or obstruction to navigation or anchorage of other
vessels would be allowed to occupy an anchorage, except in cases where
unforeseen circumstances create conditions of imminent peril to
personnel, and then only for such period as may be authorized by the
Captain of the Port.
The proposed rule specifies that the Coast Guard Captain of the
Port may close the anchorage area and direct vessels to depart the
anchorage during periods of adverse weather or at other times as deemed
necessary in the interest of port safety and security. Under the
proposed rule, any vessel anchored in these areas must be capable of
getting underway if ordered by the Captain of the Port and must do so
within 2 hours. If a vessel would not be able to get underway within 2
hours of notification, it would be required to request permission from
the Captain of the Port to remain. No vessel would be allowed to anchor
in a ``dead ship'' status (propulsion or control unavailable for normal
operations) without prior approval from the Captain of the Port.
Finally, fixed moorings, piles or stakes are prohibited.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The proposed rule is not significant because there are no fees,
permits, or special requirements for the maritime industry to utilize
these anchorage areas. The regulation is solely for the purpose of
advancing the safety of maritime commerce. We anticipate no negative
impact to the fishing community, including dragging, lobster, and
shellfish fishing. This rule would not exclude fishing activity or
vessel transit in the anchorage grounds. It would only require that
vessels fishing and or transiting through the anchorages maintain a
distance of 500 yards from an anchored vessel displaying a red flag by
day or a red light by night. The Coast Guard anticipates the proposed
anchorage grounds would cause minimal transit interference, by way of
increased vessel anchorage, as these areas have historically been
utilized for anchoring. This regulation would add to existing
regulations in order to make best use of available water. Some of the
proposed requirements in this regulation reflect existing regulatory
requirements and many of the proposed requirements in this regulation
are already practiced as a matter of prudent seamanship. Moreover, all
of the regulatory changes are proposed in the interest of safe
navigation and protection of the Captain of the Port zone.
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. This proposed rule would affect the following
entities, some of which may be small entities: Commercial vessels
wishing to transit or fish in the portions of Long Island Sound covered
by this regulation. This proposed rule should have minimal economic
impact on lobster fishing vessels, small commercial vessels, or
recreational boaters. This conclusion is based upon the fact that the
only restriction for entry or use of the proposed anchorages targeting
small entities is for all vessels to maintain a distance of 500 yards
from an anchored vessel displaying a red flag by day or a red light by
night. The proposed regulation would only create seven new anchorage
grounds. These areas historically have been, and routinely are, used
for anchorage by both deep draft and smaller vessels. The proposed
anchorage grounds do not interfere with or overlap existing ferry
routes between Connecticut and Long Island, New York.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects 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 LT Doug Miller at (203) 468-4596
or e-mail Douglas.J.Miller@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
[[Page 27952]]
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 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 governments, 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 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, 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 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. 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 Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination under the Instruction that this
action is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of anchorages
and falls under the categorical exclusion for promulgation of
regulations, specifically Categorical Exclusion paragraph 34(f) of the
Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
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 citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 110.146 to read as follows:
Sec. 110.146 Long Island Sound.
(a) Anchorage grounds.
(1) Bridgeport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]05'30'' N.................. 73[deg]13'30'' W; thence to
41[deg]05'00'' N.................. 73[deg]11'00'' W; thence to
41[deg]02'30'' N.................. 73[deg]12'18'' W; thence to
41[deg]04'00'' N.................. 73[deg]16'30'' W; returning to point
of origin.
------------------------------------------------------------------------
(2) New Haven North Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]12'18'' N.................. 72[deg]52'36'' W; thence to
41[deg]12'18'' N.................. 72[deg]49'36'' W; thence to
41[deg]10'12'' N.................. 72[deg]48'18'' W; thence to
41[deg]10'12'' N.................. 72[deg]52'12'' W; thence to
41[deg]11'06'' N.................. 72[deg]53'06'' W; returning to point
of origin.
------------------------------------------------------------------------
(3) New Haven South Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]09'30'' N.................. 72[deg]47'48'' W; thence to
41[deg]08'36'' N.................. 72[deg]47'24'' W; thence to
41[deg]08'36'' N.................. 72[deg]51'24'' W; thence to
41[deg]09'30'' N.................. 72[deg]51'48'' W; returning to point
of origin.
------------------------------------------------------------------------
(4) New London Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
[[Page 27953]]
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]15'36'' N.................. 072[deg]13'36'' W; thence to
41[deg]16'18'' N.................. 072[deg]10'24'' W; thence to
41[deg]15'24'' N.................. 072[deg]10'06'' W; thence to
41[deg]14'42'' N.................. 072[deg]13'12'' W; returning to
point of origin.
------------------------------------------------------------------------
(5) Northport Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]58'48'' N.................. 073[deg]16'30'' W; thence to
40[deg]57'42'' N.................. 073[deg]11'42'' W; thence to
40[deg]56'30'' N.................. 073[deg]13'30'' W; thence to
40[deg]57'36'' N.................. 073[deg]18'12'' W; returning to
point of origin.
------------------------------------------------------------------------
(6) Port Jefferson Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]01'48'' N.................. 073[deg]04'54'' W; thence to
41[deg]01'48'' N.................. 073[deg]00'00'' W; thence to
41[deg]00'18'' N.................. 073[deg]00'00'' W; thence to
41[deg]00'18'' N.................. 073[deg]04'54'' W; returning to
point of origin.
------------------------------------------------------------------------
(7) Riverhead Anchorage Ground. That portion of Long Island Sound
enclosed by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]03'00'' N.................. 072[deg]42'00'' W; thence to
41[deg]04'00'' N.................. 072[deg]36'00'' W; thence to
41[deg]02'00'' N.................. 072[deg]35'24'' W; thence to
41[deg]01'24'' N.................. 072[deg]41'24'' W; returning to
point of origin.
------------------------------------------------------------------------
All coordinates referenced use datum: NAD 83.
(b) General regulations. (1) These anchorages are designated for
general purposes, but are intended primarily for use by commercial
vessels of 300 gross tons and greater and all tank vessels including
tank barges. Except in cases of emergencies, commercial vessels of 300
gross tons and greater and all tank vessels, including tank barges
anchoring in the Captain of the Port Long Island Sound Zone inside the
line of demarcation, shall anchor in the anchorage grounds described
above.
(2) Prior to entering the anchorage area, all vessels shall notify
the Coast Guard Captain of the Port via VHF-FM Channel 16.
(3) In anchorages where lightering and bunkering operations are
authorized, the Captain of the Port must be notified at least four
hours in advance of a vessel conducting lightering or bunkering
operations, as required by Sec. 156.118 of this title. In addition,
all lightering and bunkering operations must be done in accordance with
Sec. 156.120 of this title.
(4) Within an anchorage, fishing and navigation are prohibited
within 500 yards of an anchored vessel that is carrying petroleum or
other flammable cargo, or that is conducting bunkering or lightering
operations. Such anchored vessels are readily identified as they are
required to display a red flag by day or a red light at night in
addition to the required navigation lights and shapes.
(5) 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.
(6) If a request is made for the long-term lay up of a vessel, the
Captain of the Port may establish special conditions with which the
vessel must comply in order for such a request to be approved.
(7) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the zones described in this section, pursuant
to 33 CFR 109.05. These conditions may include, but are not limited to:
The number and location of anchors; scope of chain; readiness of the
engineering plant and equipment; use of tugs; and requirements for
maintaining communication guards on selected radio frequencies.
(8) No vessel in such condition that it is likely to sink or
otherwise become a menace or obstruction to navigation or anchorage of
other vessels shall occupy an anchorage, except in cases where
unforeseen circumstances create conditions of imminent peril to
personnel, and then only for such period as may be authorized by the
Captain of the Port.
(9) All vessels anchored within the designated anchorage areas
shall comply with the regulations found in 33 CFR 164.19 and shall
maintain a continuous bridge watch by a licensed deck officer
proficient in English, monitoring VHF-FM Channel 16. This individual
shall confirm that the ship's crew performs frequent checks of the
vessel's position to ensure the vessel is not dragging anchor.
(10) Anchors shall be placed well within the anchorage areas so
that no portion of the hull or rigging will at any time extend outside
of the anchorage area.
(11) The Coast Guard Captain of the Port may close the anchorage
area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the interest
of port safety and security.
(12) Any vessel anchored in these areas must be capable of getting
underway if ordered by the Captain of the Port and must do so within 2
hours, if a vessel will not be able to get underway within 2 hours of
notification, permission must be requested by the Captain of the Port
to remain in the anchorage. 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.
(13) Fixed moorings, piles or stakes are prohibited.
(14) Any vessel conducting lightering or bunkering operations shall
display by day a red flag (Bravo flag) at its mast head or at least 10
feet above the upper deck if the vessel has no mast, and by night a red
light in the same position specified for the flag. These signals shall
be in addition to day signals, lights and whistle signals required to
be shown or sounded by all vessels when at anchor in a general
anchorage.
Dated: 27 May 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. E9-13884 Filed 6-11-09; 8:45 am]
BILLING CODE 4910-15-P