[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20524-20530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8827]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-1082]
RIN 1625-AA01
Anchorage Regulations; Port of New York
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising Anchorage Ground No. 19 located
east of the Weehawken-Edgewater Federal Channel on the Hudson River.
The revision is necessary to facilitate safe navigation and provide
safe and secure anchorages for vessels operating in the area. This
action is intended to increase the safety of life and property of both
the anchored vessels and those operating in the area as well as to
provide for the overall safe and efficient flow of commerce.
DATES: This rule is effective May 13, 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-2008-1082 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-1082 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 Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone 718-354-4195, 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 September 18, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal
Register (74 FR 47906). We received one comment on the NPRM. No public
meeting was requested and none was held. On April 28, 2010, we
published a supplemental notice of proposed rulemaking (SNPRM) entitled
Anchorage Regulations; Port of New York in the Federal Register (75 FR
22323). We received one comment on the SNPRM. A public meeting was
requested by the New York City Department of Parks and Recreation (NYC
Parks) but the Coast Guard determined a public meeting was not
necessary in this case. Instead, a meeting with representatives from
the NYC Parks, Sandy Hook Pilots Association, and U.S. Army Corps of
Engineers New York District was held on August 31, 2010, to discuss
their comment in relation to commercial
[[Page 20525]]
vessel operations in this area of the Hudson River. The results of the
meeting are discussed in the Discussion of Comments and Changes
section.
Basis and Purpose
The Hudson River Pilots Association, through the Port of New York/
New Jersey Harbor Safety, Navigation and Operations Committee, has had
several discussions with the Coast Guard over the years examining the
possibility of relocating Anchorage Ground No. 19; two years ago they
requested that the Coast Guard formally revise the boundaries of
Anchorage Ground No. 19, which is located on the Hudson River, east of
the Weehawken-Edgewater Federal Channel and south of the George
Washington Bridge.
Due to severe recurring shoaling within the Weehawken-Edgewater
Federal Channel, the Hudson River Pilots requested and received
authorization from the Coast Guard and Army Corps of Engineers (ACOE)
to pilot vessels through the deeper and safer water located within the
boundaries of Anchorage Ground No. 19.
Background
Due to shoaling, the March 2007 ACOE survey verified a controlling
depth of 27 feet in the right outside quarter of the Weehawken-
Edgewater Federal Channel where vessels bound for ports north of New
York City would have to transit. As published by the ACOE Institute for
Water Resources, vessels with drafts of up to 34 feet routinely transit
the Hudson River. In calendar year 2006, there were 6,562 transits on
the Hudson River between the mouth of the Harlem River and Waterford,
NY by vessels with a draft of 27 feet or greater. In 2007, the number
of transits was 4,120. In 2008, there were 120 transits. Vessels with a
draft of 27 feet or greater would be required to transit through the
deeper water which is within the current boundaries of Anchorage Ground
No. 19.
Anchorage Ground No. 19 is the closest Anchorage Ground available
for use when there is no space for temporary anchoring within the Upper
New York Bay Anchorage Grounds. Hence, these vessels transit to
Anchorage Ground No. 19 to await a berth, or orders, to minimize fuel
consumption and provide an orderly flow of commerce within the harbor
and the New England region. Tug and barge traffic within the harbor has
increased 37% since 1991, concurrently increasing use of the anchorage.
On October 14, 2008, the Coast Guard Captain of the Port New York
issued an Advisory Notice notifying the maritime community that, in
accordance with 33 CFR 110.155(c)(5)(i), vessels would only be allowed
to anchor on the western boundary of Anchorage Ground No. 19. This
temporary solution was necessary to facilitate deep draft vessel
transits through the eastern portion of Anchorage Ground No. 19.
On September 18, 2009, the Coast Guard published a Notice of
Proposed Rulemaking (NPRM) titled ``Anchorage Regulations; Port of New
York'' (Docket number USCG-2008-1082) in the Federal Register (74 FR
47906). The proposal sought to amend Anchorage Ground No. 19 by
dividing it into two separate anchorages (Anchorage Ground No. 19 East
and Anchorage Ground No. 19 West), thereby relocating the majority of
the anchorage area to the western side of the Hudson River.
The relocation of the anchorage would allow deep draft vessels to
transit the deeper water without having to transit through the existing
Anchorage Ground No. 19.
In that NPRM, it was stated that the ACOE would relocate the
Weehawken-Edgewater Federal Channel to the east of its current location
and the Coast Guard would relocate Anchorage Ground No. 19 to the west
of its current location.
After the publication of the NPRM, the ACOE advised the Coast Guard
that it did not intend to seek Congressional action to de-authorize the
Weehawken-Edgewater Federal Channel. However, the ACOE also advised
that it does not object to the Coast Guard establishing an Anchorage
Ground in the existing Weehawken-Edgewater Federal Channel.
Consequently, to facilitate safe navigation of deep draft vessels,
the Coast Guard published a supplemental notice of proposed rulemaking
(SNPRM) titled ``Anchorage Regulations; Port of New York'' in the
Federal Register on April 28, 2010 (75 FR 22323) revising its proposal
to disestablish Anchorage Ground No. 19 and establish two separate
anchorage grounds, Anchorage Ground No. 19 East and Anchorage Ground
No. 19 West. This would be accomplished by dividing Anchorage Ground
No. 19 into an east and a west portion and relocating the majority of
the anchorage area (new Anchorage Ground No. 19 West) from the eastern
half of the Hudson River to the western half closer to the New Jersey
shore (over the Weehawken-Edgewater Federal Channel). The following
graphics display the current boundary of Anchorage Ground No. 19 and
the revised boundaries of Anchorage Grounds No. 19 East and No. 19
West:
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Disestablishing Anchorage Ground No. 19 and establishing Anchorage
Ground No. 19 East and Anchorage Ground No. 19 West creates a 400 yard
wide area of deeper water between the newly established anchorage
grounds. This change allows deep draft vessels to transit the deeper
water of the Hudson River without having to transit through an existing
anchorage ground.
The Weehawken-Edgewater Federal Channel is authorized by Congress,
and constructed and maintained by the ACOE. The ACOE has advised the
Coast Guard that no portion of the Weehawken-Edgewater Federal Channel
will be relocated in conjunction with the reapportionment, relocation
and establishment of Anchorage Ground No. 19 East and West. The ACOE
has further advised that establishment of an anchorage ground in the
Weehawken-Edgewater Federal Channel is not expected to impede
navigation or result in a need to maintain channel depth because the
Weehawken-Edgewater Federal Channel currently supports no commercial
vessel traffic.
According to the ACOE the Weehawken-Edgewater Federal Channel was
originally intended to support commercial vessel traffic on the New
Jersey waterfront in the vicinity of the Channel. However, due to
changes in shoreline usage from industrial to residential and
recreational, the original intent of the Channel no longer exists. As a
result there has not been a need to dredge the Weehawken-Edgewater
Federal Channel segment to its authorized depth since it was last
dredged in 1994.
The ACOE further advised that it does not appear likely that a need
will arise in the foreseeable future to maintain the channel for
commercial vessel traffic intending to access New Jersey waterfront and
shore facilities. However, should a need recur in the future to
accommodate commercial traffic, the use of the areas as anchorage
grounds would be re-evaluated.
In the interest of safe navigation and to minimize confusion, the
ACOE and the USCG will request that the National Oceanic and
Atmospheric Administration (NOAA) remove the Weehawken-Edgewater
Federal Channel designation from NOAA charts. In addition, the Coast
Guard will request chart corrections removing the Anchorage Ground No.
19 boundary line designation and adding the boundary lines for the
revised Anchorage Ground No. 19 East and Anchorage Ground No. 19 West.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from the U.S. Army
Corps of Engineers (ACOE). In that NPRM, the Coast Guard stated that
the ACOE would relocate the Weehawken-Edgewater Channel to the east of
its current location and the Coast Guard would relocate Anchorage
[[Page 20528]]
Ground No. 19 to the west of its current location.
After the publication of the NPRM, the ACOE advised the Coast Guard
that it did not intend to seek Congressional action to de-authorize the
Weehawken-Edgewater Channel. However, the ACOE also advised that it did
not object to the Coast Guard establishing an Anchorage Ground in the
existing Weehawken-Edgewater Channel.
Consequently, the Coast Guard revised its proposal and published a
Supplemental Notice of Proposed Rulemaking (SNPRM) seeking to
disestablish Anchorage Ground No. 19 and establish two separate
anchorage grounds, Anchorage Ground No. 19 East and Anchorage Ground
No. 19 West.
The Coast Guard received one comment on the SNPRM from the New York
City Parks and Recreation Department (NYC Parks).
NYC Parks requested clarification that this rulemaking would not
impact their recreational mooring fields along the Manhattan shoreline
north and south of the 79th Street Boat Basin. NYC Parks is still
authorized to administer the mooring fields along the Manhattan
shoreline; therefore, the use of these mooring fields will not be
affected by this rule. In addition, the Coast Guard will submit chart
corrections to be published to identify these mooring fields on
government navigation charts.
NYC Parks further requested that the two mooring fields be
designated as special anchorage areas as part of the current rule. The
Coast Guard is currently reviewing NYC Parks' request to designate the
two mooring fields as special anchorage areas; however any designation
of the two mooring fields as special anchorage areas would be done as
part of a separate rulemaking process.
NYC Parks requested clarification that this rulemaking would
potentially eliminate 452 acres of open vessel anchorage area and
eliminate the mooring fields north and south of the 79th Street Boat
Basin. As stated above the use of the NYC Parks mooring fields will not
be affected by this rule. The 452 acres of Anchorage Ground No. 19
being disestablished were intended for the use of commercial shipping
and not recreational vessels that use the 79th Street Boat Basin and
mooring fields along the Manhattan shoreline.
NYC Parks commented that this rulemaking would potentially
jeopardize their ability to fund and service the marina due to the
removal of their mooring fields. This rulemaking will not potentially
jeopardize NYC Parks' ability to fund and service the marina due to the
removal of the mooring fields because the mooring fields are not being
removed or impacted in any way.
NYC Parks commented that Riverside Park concessions would be
negatively impacted, and Riverside Park itself would lose one of its
engaging and popular features. Riverside Park will not be impacted by
this rulemaking as NYC Parks is still authorized to administer their
mooring fields. Marine events and recreational boating usage will
continue to be administered on a not to interfere basis with commercial
shipping and Tugs/Barges as stated below.
NYC Parks requested that these rules be revised to protect the
right of recreational boaters to use these waters and that the mooring
fields be designated as Special Anchorage Areas for these purposes. NYC
Parks is still authorized to administer their two mooring fields along
the Manhattan shoreline, north and south of the 79th Street Boat Basin.
Chart corrections will be submitted by the Coast Guard to display these
mooring fields on the navigation charts. In addition, the USCG is
reviewing NYC Parks request to establish two Special Anchorage Areas
north and south of the 79th Street Boat Basin.
NYC Parks commented that the transit of commercial tugs and barges
in closer proximity to the 70-year-old boat basin and mooring fields
would exacerbate the damages and impacts caused by large wakes of
passing vessels on the Hudson River. At the meeting held with NYC Parks
on August 13, 2010, the Sandy Hook Pilots representative stated that
they have been piloting vessels along the current route, east of the
Weehawken-Edgewater Federal Channel, through Anchorage Ground No. 19,
on a continual basis since before the 1970s. In addition, tugs and
barges have always been authorized to transit through Anchorage Ground
No. 19, whether to anchor in a position near the 79th Street Boat
Basin, or to continue their transit through the Hudson River. Since
under this rule tugs and barges will be anchoring further away from the
79th Street Boat Basin and deep draft transits through the area are
down from previous years, as noted by the ACOE Institute for Water
Resources, the Coast Guard believes that this rule will alleviate
impacts from wakes on the boat basin and mooring field.
NYC Parks commented that this revision may seriously impact
established marine events and a growing number of recreational users in
the area. As previously stated the Sandy Hook Pilots have been using
this transit route through the current Anchorage Ground No. 19 since
before the 1970s. Additionally, the area was always available for use
as an Anchorage Ground by vessels not constrained by draft. Marine
Event permits have been issued for events held in the Anchorage Ground
as long as the participants abided by the Inland Navigation Rules and
did not interfere with commercial navigation within the Anchorage
Ground.
As previously stated Anchorage Ground No. 19 was established over
20 years prior to the 79th Street Boat Basin and mooring fields. Due to
the fluctuation of commercial vessel traffic on the Hudson River, and
based upon changing economic conditions, demand for home heating oil,
etc, the USCG may not always be able to approve marine event
applications in this area of the Hudson River regardless of the
Anchorage Ground configuration.
NYC Parks requested a public meeting be held. A public meeting was
not held since the written comments clearly expressed the views of the
commenter and oral presentations would not aid the rulemaking process.
Finally, this rule intends to reflect and formalize past and
current vessel navigation practices through the waters within Anchorage
Ground No. 19.
Regulatory Analyses
We developed this 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.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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.
We expect minimal additional cost impacts to the industry because
this rule is not imposing fees, permits, or specialized requirements
for the maritime industry to utilize these anchorage areas. This rule
is revising the Anchorage Ground No. 19 in order to facilitate safe
navigation and provide safe and secure anchorages for vessels operating
in the area. This revision would allow deep draft vessels to transit
the deeper water without having to transit through an anchorage ground.
This would improve safety for small vessels using the anchorage grounds
and would facilitate the transit of deep draft vessels.
[[Page 20529]]
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
might be small entities: The owners or operators of vessels intending
to transit through the Anchorage Grounds 19 East and 19 West. Vessels
intending to anchor in the current Anchorage Ground No. 19 will still
be able to anchor in the revised Anchorage Ground No. 19 East or No. 19
West. NYC Parks will still be authorized to administer recreational
mooring fields located along the Manhattan shoreline, north and south
of the 79th Street Boat Basin. The labeling of these mooring fields on
Government navigation charts will create a positive impact in the area
by increasing awareness of the location of smaller recreational
vessels. Additionally, the recreational vessels will no longer have to
maneuver around larger anchored vessels when entering, or departing,
the 79th Street Boat Basin or mooring fields.
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 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 as this rule involves changing the size of an existing
anchorage ground and dividing it into two separate anchorage areas
resulting in a reduction in the overall size of the anchorage areas. An
environmental analysis checklist and a categorical exclusion
determination are available in
[[Page 20530]]
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
amending 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. Amend Sec. 110.155, by revising paragraph (c)(5) to read as
follows:
Sec. 110.155 Port of New York.
* * * * *
(c) * * *
(5) Anchorages No. 19 East and 19 West.
(i) Anchorage No. 19 East. All waters of the Hudson River bound by
the following points: 40[deg]49'42.6'' N, 073[deg]57'14.7'' W; thence
to 40[deg]49'45.9'' N, 073[deg]57'22.0'' W; thence to 40[deg]49'52.0''
N, 073[deg]57'22.0'' W; thence to 40[deg]50'08.3'' N, 073[deg]57'10.8''
W; thence to 40[deg]50'55.4'' N, 073[deg]56'59.7'' W; thence to
40[deg]51'02.5'' N, 073[deg]56'57.4'' W; thence to 40[deg]51'00.8'' N,
073[deg]56'49.4'' W; thence along the shoreline to the point of origin.
(ii) Anchorage No. 19 West. All waters of the Hudson River bound by
the following points: 40[deg]46'56.3'' N, 073[deg]59'42.2'' W; thence
to 40[deg]47'36.9'' N, 073[deg]59'11.7'' W; thence to 40[deg]49'31.3''
N, 073[deg]57'43.8'' W; thence to 40[deg]49'40.2'' N, 073[deg]57'37.6''
W; thence to 40[deg]49'52.4'' N, 073[deg]57'37.6'' W; thence to
40[deg]49'57.7'' N, 073[deg]57'47.3'' W; thence to 40[deg]49'32.2'' N,
073[deg]58'12.9'' W; thence to 40[deg]49'00.7'' N, 073[deg]58'33.1'' W;
thence to 40[deg]48'28.7'' N, 073[deg]58'53.8'' W; thence to
40[deg]47'38.2'' N, 073[deg]59'31.2'' W; thence to 40[deg]47'02.7'' N,
073[deg]59'57.4'' W; thence to the point of origin.
(iii) The following regulations apply to 33 CFR 110.155(c)(5)(i)
and (ii):
(A) No vessel may conduct lightering operations in these anchorage
grounds without permission from the Captain of the Port. When
lightering is authorized, the Captain of the Port New York must be
notified at least four hours in advance of a vessel conducting
lightering operations as required by 156.118 of this title.
(B) Any vessel conducting lightering or bunkering operations shall
display by day a red flag (46 CFR 35.30-1; Pub 102; International Code
of Signals signaling instructions) 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 as required by rules 30 (33
U.S.C 2030 and 33 CFR 83.30) and 35 (33 USC 2035 and 33 CFR 83.35) of
the Inland Navigation Rules when at anchor in a general anchorage area.
(C) Within an anchorage, fishing and navigation are prohibited
within 500 yards of an anchored vessel displaying a red flag.
(D) These anchorage grounds are only authorized for use by tugs
and/or barges.
(E) No vessel may occupy this anchorage ground for a period of time
in excess of 96 hours without prior approval of the Captain of the
Port.
(F) No vessel may anchor in Anchorage No. 19 East or No. 19 West
without permission from the Captain of the Port.
(G) Each vessel shall report its position within Anchorage No. 19
East or No. 19 West to the Captain of the Port immediately after
anchoring.
(H) All coordinates referenced use datum: NAD 83.
* * * * *
Dated: March 28, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-8827 Filed 4-12-11; 8:45 am]
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