[Federal Register: January 14, 2004 (Volume 69, Number 9)]
[Proposed Rules]
[Page 2095-2098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja04-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-03-036]
RIN 1625-AA01
Baltimore Harbor Anchorage Project
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the geographic coordinates
and modify the regulated use of the anchorages in Baltimore Harbor, MD.
The Army Corps of Engineers and the Coast Guard discussed changes to
the coordinates of Anchorage 2 after the comment period for the
Baltimore Harbor Anchorage Project notice of proposed rulemaking (NPRM)
had closed. The discussions resulted in two changes not yet commented
on by the public. This supplemental notice of proposed rulemaking
solicits comments for those two additional changes plus all original
changes included in the NPRM. An explanation of the two additional
proposed changes can be found in the ``Discussion of Rule'' section of
this document.
DATES: Comments and related material must reach the Coast Guard on or
before February 13, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-03-036 and are available for inspection or
copying at Commander, Fifth Coast Guard District (oan), 431 Crawford
Street, Portsmouth, VA 23704-5004 between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District Aids to Navigation and Waterways
Management Branch, (757) 398-6285, e-mail: trmartin@lantd5.uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related material. If you do so, please include
your name and address, identify the docket number for this rulemaking
(CGD 5-03-036), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
The Coast Guard does not now plan to hold a public meeting. But you
may submit a request for a meeting by writing to the Aids to Navigation
and Waterways Management Branch at the address under ADDRESSES
explaining why one 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.
Regulatory History
On July 2, 2003, the Coast Guard published an NPRM in the Federal
Register titled ``Baltimore Harbor Anchorage Project'' (68 FR 39503)
[[Page 2096]]
explaining changes requested as a result of the U. S. Army Corps of
Engineer's Baltimore Harbor Anchorage Dredging Project. This
supplemental notice of proposed rulemaking (SNPRM) provides further
opportunity for public comment on the NPRM and the two changes
incorporated after the original publication of the NPRM and close of
comment period.
Background and Purpose
Following the close of the NPRM comment period two minor changes
were proposed to Anchorage 2 including a northeast extension to the
anchorage that more closely aligns it with the limits of the Federal
Navigation Project and the addition of a cutoff angle. The cutoff angle
rounds off the northwest corner of the anchorage to remove the need for
vessels to make a sharp turn when making their approach to Seagirt
Marine Terminal from Fort McHenry Channel or vice versa. Also, removal
of the anchorage's northwest corner will eliminate the possibility of
transiting vessels entering the anchorage boundary when making the same
turn.
Discussion of Rule
To simplify the charting and representation of the Baltimore Harbor
anchorage areas, Anchorage No. 2 was further extended toward the
Seagirt Marine Terminal to the Northeast to make Anchorage No. 2
congruent with the toe of the Federal Navigation Project. A cutoff
angle was provided on the Northwest side of Anchorage No. 2 to provide
more maneuvering room for vessels as they approach from the Fort
McHenry Channel. This supplemental notice of proposed rulemaking
solicits comments on the changes made to Anchorage 2. The U.S. Army
Corps of Engineers, Maryland state officials and the Maryland Pilots
had no adverse comments to these proposed changes to Anchorage 2.
Regulatory Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DHS is unnecessary. The Coast
Guard does not expect that these proposed new regulations will
adversely impact maritime commerce.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 may affect the following
entities, some of which might be small entities: the owners or
operators of vessels used for chartering, taxi, ferry services, or any
other marine traffic that transit this area of Fort McHenry Channel in
Baltimore Harbor. Changes to Anchorage No. 3 and Anchorage No. 4 may
change the vessel routing through this area of the harbor. Deepening
the anchorages and changing the coordinates for the anchorages would
not have a significant economic impact on a substantial number of small
entities for the following reasons. Vessel traffic could pass safely
around the new anchorage areas. The new coordinates for the anchorages
would be a change in dimension, the size of which would remain
proportional to its current size, and their location would not
interfere with commercial traffic.
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 LTjg Timothy Martin at the
address listed (see ADDRESSES).
Collection of Information
This 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 government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. This proposed rule, however, will not result in such
expenditures.
Taking of Private Property
This proposed rule will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This 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
[[Page 2097]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2. of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation. This proposed rule would change the size
of Anchorage No. 2, Anchorage No. 3 and Anchorage No. 4 and modifies
the regulated uses of these anchorages.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
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 and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. In Sec. 110.158 revise paragraphs (a) and (b) and add
paragraphs (c), (d), and (e) to read as follows:
Sec. 110.158 Baltimore Harbor, MD.
(a) Anchorage grounds--(1) Anchorage No. 1, general anchorage. The
waters bounded by a line connecting the following points:
Latitude Longitude
39[deg]15'13.0'' N 76[deg]34'08.5'' W
39[deg]15'10.5'' N 76[deg]34'12.5'' W
39[deg]14'52.5'' N 76[deg]33'54.0'' W
39[deg]14'48.0'' N 76[deg]33'42.0'' W
Datum: NAD 83.
(2) Anchorage No. 2, general anchorage. The waters bounded by a
line connecting the following points:
Latitude Longitude
39[deg]14'46.2'' N 76[deg]33'25.8'' W
39[deg]14'56.1'' N 76[deg]33'37.1'' W
39[deg]15'08.5'' N 76[deg]33'37.7'' W
39[deg]15'19.2'' N 76[deg]33'24.5'' W
39[deg]15'19.3'' N 76[deg]33'14.4'' W
39[deg]15'14.8'' N 76[deg]32'59.6'' W
39[deg]15'06.8'' N 76[deg]32'45.5'' W
39[deg]14'41.1'' N 76[deg]32'27.2'' W
39[deg]14'30.9'' N 76[deg]32'33.5'' W
39[deg]14'46.3'' N 76[deg]32'49.7'' W
39[deg]14'43.7'' N 76[deg]32'53.6'' W
39[deg]14'57.5'' N 76[deg]33'08.1'' W
Datum: NAD 83.
(3) Anchorage No. 3, Upper, general anchorage. The waters bounded
by a line connecting the following points:
Latitude Longitude
39[deg]14'32.5'' N 76[deg]33'11.3'' W
39[deg]14'46.2'' N 76[deg]33'25.8'' W
39[deg]14'57.5'' N 76[deg]33'08.1'' W
39[deg]14'43.7'' N 76[deg]32'53.6'' W
Datum: NAD 83.
(4) Anchorage No. 3, Lower, general anchorage. The waters bounded
by a line connecting the following points:
Latitude Longitude
39[deg]14'32.5'' N 76[deg]33'11.3'' W
39[deg]14'46.3'' N 76[deg]32'49.7'' W
39[deg]14'30.9'' N 76[deg]32'33.5'' W
39[deg]14'24.4'' N 76[deg]32'39.9'' W
39[deg]14'15.6'' N 76[deg]32'53.6'' W
Datum: NAD 83.
(5) Anchorage No. 4, general anchorage. The waters bounded by a
line connecting the following points:
Latitude Longitude
39[deg]13'52.9'' N 76[deg]32'29.6'' W
39[deg]14'05.9'' N 76[deg]32'43.3'' W
39[deg]14'07.3'' N 76[deg]32'43.1'' W
39[deg]14'17.9'' N 76[deg]32'26.4'' W
39[deg]14'05.3'' N 76[deg]32'13.1'' W
39[deg]14'00.5'' N 76[deg]32'17.8'' W
Datum: NAD 83.
(6) Anchorage No. 5, general anchorage. The waters bounded by a
line connecting the following points:
Latitude Longitude
39[deg]14'07.0'' N 76[deg]32'58.5'' W
39[deg]13'34.0'' N 76[deg]32'24.0'' W
39[deg]13'22.0'' N 76[deg]32'29.0'' W
39[deg]13'21.0'' N 76[deg]33'12.0'' W
Datum: NAD 83.
(7) Anchorage No. 6, general anchorage. The waters bounded by a
line connecting the following points:
Latitude Longitude
39[deg]13'42.5'' N 76[deg]32'20.2'' W
39[deg]13'20.0'' N 76[deg]31'56.0'' W
39[deg]13'34.0'' N 76[deg]31'33.5'' W
39[deg]14'02.0'' N 76[deg]32'02.9'' W
39[deg]13'50.5'' N 76[deg]32'20.0'' W
Datum: NAD 83.
(8) Dead ship anchorage. The waters bounded by a line connecting
the following points:
Latitude Longitude
39[deg]13'00.4'' N 76[deg]34'10.4'' W
39[deg]13'13.4'' N 76[deg]34'10.8'' W
39[deg]13'13.9'' N 76[deg]34'05.7'' W
39[deg]13'14.8'' N 76[deg]33'29.8'' W
39[deg]13'00.4'' N 76[deg]33'29.9'' W
Datum: NAD 83.
(b) Definitions. As used in this section:
Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
Dangerous cargo means ``certain dangerous cargo'' as defined in
Sec. 160.203 of this title.
U.S. naval vessel means any vessel owned, operated, chartered, or
leased by the U.S. Navy; any pre-commissioned vessel under construction
for the U.S. Navy, once launched into the water; and any vessel under
the operational control of the U.S. Navy or a Combatant Command.
(c) General regulations. (1) Except as otherwise provided, this
section applies to vessels over 20 meters long and vessels carrying or
handling dangerous cargo or Class 1 (explosive) materials while
anchored in an anchorage ground described in this section.
(2) Except in cases where unforeseen circumstances create
conditions of imminent peril, or with the permission of the Captain of
the Port, no vessel shall be anchored in Baltimore Harbor and Patapsco
River outside of the anchorage areas established in this section for
more than 24 hours. No vessel shall anchor within a tunnel, cable or
pipeline area shown on a government chart. No vessel shall be moored,
anchored, or tied up to any pier, wharf, or other vessel in such manner
as to extend into established channel limits. No vessel shall be
positioned so as to obstruct or endanger the passage of any other
vessel.
(3) Except in an emergency, a vessel that is likely to sink or
otherwise become a menace or obstruction to navigation, or to the
anchoring of other vessels, may not occupy an anchorage, unless the
vessel obtains a permit from the Captain of the Port.
[[Page 2098]]
(4) The Captain of the Port may grant a revocable permit to a
vessel for a habitual use of an anchorage. Only the vessel that holds
the revocable permit may use the anchorage during the period that the
permit is in effect.
(5) Upon notification by the Captain of the Port to shift its
position, a vessel at anchor shall get underway and shall move to its
new designated position within 2 hours after notification.
(6) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the anchorages described in this section,
including, but not limited to, the number and location of anchors,
scope of chain, readiness of engineering plant and equipment, usage of
tugs, and requirements for maintaining communication guards on selected
radio frequencies.
(7) No vessel at anchor or at a mooring within an anchorage may
transfer oil to or from another vessel unless the vessel has given the
Captain of the Port the four hours advance notice required by Sec.
156.118 of this title.
(8) No vessel may anchor in a ``dead ship'' status (propulsion or
control unavailable for normal operations) without prior approval of
the Captain of the Port.
(d) Regulations for vessels handling or carrying dangerous cargoes
or Class 1 (explosive) materials. (1) This paragraph applies to every
vessel, except a U.S. naval vessel, handling or carrying dangerous
cargoes or Class 1 (explosive) materials.
(2) The Captain of the Port may require every person having
business aboard a vessel handling or carrying dangerous cargoes or
Class 1 (explosive) materials while in an anchorage, other than a
member of the crew, to hold either a pass issued by the Captain of the
Port or another form of identification prescribed by the Captain of the
Port.
(3) Each person having business aboard a vessel handling or
carrying dangerous cargoes or Class 1 (explosive) materials while in an
anchorage, other than a member of the crew, shall present the pass or
other form of identification prescribed by paragraph (d)(2) of this
section to any Coast Guard Boarding Officer who requests it.
(4) The Captain of the Port may revoke at any time a pass issued
under the authority of paragraph (d)(2) of this section.
(5) Each non-self-propelled vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials must have a tug in attendance
at all times while at anchor.
(6) Each vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials while at anchor must display by day a bravo flag
in a prominent location and by night a fixed red light.
(e) Regulations for Specific Anchorages--(1) Anchorage 1. Except
when given permission by the Captain of the Port, a vessel may not
anchor in this anchorage for more than 12 hours.
(2) Anchorage 3. Except when given permission by the Captain of the
Port, a vessel may not anchor in this anchorage for more than 24 hours.
(3) Anchorage 7. Dead Ship Anchorage. The primary use of this
anchorage is to lay up dead ships. Such use has priority over other
uses. A written permit from the Captain of the Port must be obtained
prior to the use of this anchorage for more than 72 hours.
Dated: December 18, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-749 Filed 1-13-04; 8:45 am]
BILLING CODE 4910-15-P