[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76275-76279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30741]
[[Page 76275]]
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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: Final rule.
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SUMMARY: In this rule the Coast Guard establishes seven anchorage
grounds in Long Island Sound. These anchorages are located in
Connecticut and New York State waters. This action is necessary to aid
in facilitating the safe and secure anchoring and transiting of
vessels, particularly deep draft vessels, transiting Long Island Sound
or awaiting entry to a port or facility in New York and Connecticut.
DATES: This rule is effective January 7, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0171 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-0171 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LT Judson Coleman, Prevention Department, Coast Guard
Sector Long Island Sound: telephone 203-468-4596, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 12, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Long Island Sound'' in the
Federal Register (74 FR 27948). We received four letters commenting on
the proposed rule. No request for a public meeting was made. No public
meeting was held.
Basis and Purpose
This rule establishes seven anchorage grounds in accordance with 33
CFR 109.05 and 110.1(b). This action is necessary to aid in
facilitating the safe and secure anchoring and transiting of vessels,
particularly deep draft vessels, through Long Island Sound or while
awaiting entry to a port or facility in New York or Connecticut. The
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.
Creating official anchorage grounds will cause more vessels to
anchor in these grounds, in addition to the large number that already
do so, thereby providing the Captain of the Port (COTP) with increased
options for vessels needing to anchor while awaiting authorization to
enter port. The designation of anchorage grounds will provide for the
safety of navigation in that it provides 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 will now see charted anchorage
grounds, thus improving safety of navigation.
Background
We consulted with several agencies in the development of these
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 pilots' 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
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 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 not only interrupted use of the
cable, but 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. There are no cable or
pipeline areas running through any of the seven anchorage grounds.
Establishment of these anchorage grounds provides 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. Designation of these anchorage grounds will help
guide the installation of future cables or pipelines so that they are
located outside of the anchorage grounds.
This rule does not exclude fishing activity or the transit of
vessels in the anchorage grounds, but only requires that all vessels
maintain a distance of 500 yards from an anchored vessel that is
conducting bunkering or lightering operations. Anchored vessels
conducting bunkering or lightering operations are readily identified as
they must display a red flag as required by 46 CFR 35.30-1 in addition
to the navigation lights and shapes required by 33 U.S.C. 2001-2038. 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 areas have
historically been utilized for anchoring. The 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 anchorage
grounds.
As discussed below, the anchorage grounds established by this final
rule do not overlap dredge disposal sites.
Discussion of Comments and Changes
Of the four comment letters received, two expressed support for the
regulation and two expressed concerns about specific provisions. We
revised the regulation in response to these comments, and we discuss
those changes below.
The Army Corps of Engineers commented that three of the proposed
[[Page 76276]]
anchorage grounds overlapped with dredge disposal sites. The Army Corps
expressed concern that anchoring activities could disturb potentially
contaminated sediment at these dredge disposal sites. After further
consultation with the Army Corps, therefore, the Coast Guard
reconfigured the proposed Bridgeport, New Haven South, and New London
anchorage grounds to avoid dredge disposal sites. The Bridgeport
anchorage ground is in the same location but slightly smaller than
proposed in the NPRM. We also removed a portion of the northwest side
of the New Haven South anchorage ground, reducing the overall size
slightly so not to intrude into the Dumping Ground nearby. The New
London site remained the same size, but we shifted it two and one half
(2.5) nautical miles to the southwest. These changes are minor and do
not affect the general location or use of the anchorages as proposed in
the NPRM.
In paragraph (b)(2), we revised the notification requirement to
affect vessels anchoring in the anchorage area, rather than entering
the anchorage area. The new language is more narrowly tailored to the
safety purpose of that notification requirement.
In paragraph (b)(4), for the convenience of the reader we noted the
restrictions already in place as the result of an existing Regulated
Navigation Area. We also simplified the proposed prohibition on fishing
and navigation within 500 yards of certain vessels to, simply,
navigation within 500 yards of anchored vessels conducting bunkering or
lightering operations. The revised provision is clearer, and preserves
safety precautions while avoiding confusion about which vessels are
carrying petroleum or other flammable cargo. We then moved proposed
paragraph (b)(14), discussing the identification of vessels conducting
lightering or bunkering, to immediately follow (b)(4), and renumbered
all subsequent paragraphs accordingly. These minor organizational
changes are intended to make the regulation clearer and easier to read.
One comment letter expressed concern regarding paragraph (b)(5)
(previously paragraph (b)(14) of the proposed rule), which addresses
light signals for vessels engaged in lightering or bunkering within an
anchorage. The commenter correctly pointed out that 46 CFR 35.30-1 does
not permit a vessel to display a red light while at anchor, because
such a light could be confused with a running light. Common practice is
to illuminate the red ``Bravo'' flag with a spotlight at night.
Accordingly, we have revised the text of paragraph (b)(5) to require
that a vessel conducting lighting or bunkering operations in the
anchorage ground display a red flag by day and illuminate the flag by
spotlight at night. We also added reference to the existing
requirements for day signals, lights, and whistles set forth in Title
33 of the U.S. Code.
In paragraph (b)(6) (previously proposed paragraph (b)(5)) we
clarified that the COTP permission must be in writing. In paragraph
(b)(10) (previously proposed paragraph (b)(9)) we added a
recommendation that anchored vessels maintain a radio watch on VHF
channel 13 in addition to the required radio watch on VHF channel 16,
to maintain bridge to bridge radio capability as an additional safety
measure. In paragraph (b)(13) (previously proposed paragraph (b)(12))
we clarified sentence structure and corrected a typographical error to
show that a vessel requests permission ``from'' the COTP. We also
standardized the use of the term ``anchorage grounds'' throughout the
section, replacing various terms such as ``zones'' and ``areas.''
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
This rule is not significant because there are no fees, permits, or
specialized requirements for the maritime industry to utilize these
anchorage grounds. 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, lobstering and
shellfishing. This rule does not exclude fishing activity or the
transit of vessels in the anchorage grounds. The Coast Guard
anticipates the anchorage grounds would cause minimal transit
interference, by way of increased vessel anchorage, as these areas have
historically been utilized for anchoring with no reports of significant
interference with vessel transits through the area.
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 will 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 rule
should only have a minimal economic impact on lobster fishing vessels,
small commercial vessels and recreational boaters. This conclusion is
based upon the fact that the only restriction for entry or use of the
anchorages is for all vessels to maintain a distance of 500 yards from
an anchored vessel conducting lightering or bunkering operations. The
regulation creates seven new anchorage grounds. These areas
historically have been, and routinely are, used for anchorage by both
deep draft and smaller vessels. The anchorage grounds do not interfere
with existing ferry routes between Connecticut and Long Island, New
York. The NPRM sought comments from small entities that may be affected
by this rulemaking. No comments were received concerning small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). The Coast Guard will not retaliate
[[Page 76277]]
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
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 (adjusted for
inflation) 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 cause 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 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(f), of
the Instruction. This rule involves the establishment of general
anchorage grounds. An environmental analysis checklist and a
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, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
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]04'52'' N.......................... 73[deg]14'04'' W; thence to
41[deg]03'45'' N.......................... 73[deg]14'04'' W; thence to
41[deg]03'45'' N.......................... 73[deg]11'39'' W; thence to
41[deg]02'50'' N.......................... 73[deg]12'08'' W; thence to
41[deg]02'50'' N.......................... 73[deg]16'18'' W; thence to
41[deg]04'52'' N.......................... 73[deg]16'18'' 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
[[Page 76278]]
41[deg]08'36'' N.......................... 72[deg]51'24'' W; thence to
41[deg]09'30'' N.......................... 72[deg]51'24'' 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]14'11'' N.......................... 072[deg]15'38'' W; thence to
41[deg]15'05'' N.......................... 072[deg]16'02'' W; thence to
41[deg]15'39'' N.......................... 072[deg]13'21'' W; thence to
41[deg]14'45'' N.......................... 072[deg]12'57'' 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.
------------------------------------------------------------------------
(8) 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
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 anchoring in 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 156.118 of this title. In addition, all
lightering and bunkering operations must be done in accordance with
156.120 of this title.
(4) Within an anchorage, navigation is prohibited within 500 yards
of an anchored vessel that is conducting bunkering or lightering
operations. In accordance with the ``Regulated Navigation Area: Long
Island Sound Marine Inspection and Captain of the Port Zone,'' 33 CFR
165.153(d)(7), navigation also is prohibited within 100 yards of a
vessel engaged in commercial service.
(5) Any vessel conducting lightering or bunkering operations shall
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 the flag must be
illuminated by spotlight. These signals shall be in addition to day
signals, lights, and whistle signals required by rules 30 (33 U.S.C.
2030) and 35 (33 U.S.C. 2035) of the Inland Navigation Rules when at
anchor in a general anchorage area.
(6) Except as otherwise provided, a vessel may not occupy an
anchorage for more than 30 days, unless the vessel obtains written
permission from the Captain of the Port.
(7) 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.
(8) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the anchorage grounds 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.
(9) 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.
(10) All vessels anchored within the designated anchorage grounds
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. A second
VHF-FM radio monitoring Channel 13 is strongly recommended.
(11) Anchors shall be placed well within the anchorage grounds so
that no portion of the hull or rigging will at any time extend outside
of the anchorage area.
(12) 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.
(13) Any vessel anchored in these grounds must be capable of
getting underway if ordered by the Captain of the Port and must be able
to do so within two (2) hours of notification by the Captain of the
Port. If a vessel will not be able to get underway within two (2) hours
of notification, permission must be requested from 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.
(14) Fixed moorings, piles or stakes are prohibited.
[[Page 76279]]
Dated: September 17, 2010.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2010-30741 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P