[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Proposed Rules]
[Pages 17861-17863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9879]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD07-96-017]
RIN 2115-AA98


Special Anchorage Areas; Ashley River, Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish two new anchorage 
areas in the Ashley River, Charleston, South

[[Page 17862]]

Carolina to replace an existing anchorage. Due to pending construction 
of two 1000 ft piers at the George M. Lockwood Municipal Marina, in 
Charleston, the current anchorage will not be available for anchoring 
recreational vessels. The Municipal Marina has received a construction 
permit to build the piers from the U.S. Army Corps of Engineers. The 
new anchorages will be necessary to replace the one described in 33 CFR 
110.72d. The proposed anchorages are across the Ashley River from the 
current anchorage and though not designated as Federal anchorages, they 
are already widely used by recreational vessels as overflow from the 
current anchorage.

DATES: Comments must be received on or before June 24, 1996.

ADDRESSES: Comments should be mailed to the Captain of the Port 
Charleston, Marine Safety Office Charleston, South Carolina 29401-1899. 
The comments will be available for inspection and copying at 196 Tradd 
Street, Charleston, SC between 9 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays. Comments may also be hand delivered to 
this address.

FOR FURTHER INFORMATION CONTACT: CW04 R.M. Webber, Project Officer, 
Tel: (803) 724-7690.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this rulemaking by submitting written views, data or 
arguments. Persons submitting comments should include their names and 
addresses, identify this notice (CGD07-96-017) and the specific section 
of this proposal to which their comments apply, and give reasons for 
each comment. The regulations may be changed in the light of comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will aid the rulemaking process.

Discussion of Proposed Regulations

    The City Marina Company and the City of Charleston have been 
granted, by the U.S. Army Corps of Engineers, a permit to build two 
1000 foot piers on the south side of the Municipal Marina. These piers 
will cross an existing anchorage eliminating most of the anchorages 
within that area that have over six feet of water at mean low water. As 
the anchorage is extensively used by recreational vessels, two new 
anchorage areas are being proposed to accommodate vessels that will be 
displaced when the new piers are built. The new anchorages are already 
being used by recreational vessels as overflow from the existing 
anchorage. To date, no problems have arisen from recreational vessels 
anchoring in these areas. Since the marina plans were published in the 
local newspaper, there has been considerable public interest in 
establishing new anchorages to replace the existing anchorage.
    Proposed Ashley River Anchorage Number One would be located on the 
waters lying within an area across the Ashley River Channel from the 
George M. Lockwood Municipal Marina bounded by the southwest side of 
the channel beginning at latitude 32 deg.46'43.7''N, longitude 
079 deg.57'19.3''W; thence to latitude 32 deg.46'38.0''N, longitude 
079 deg.57'24.0''W; thence to latitude 32 deg.46'32.0''N, longitude 
079 deg.57'15.5''W; thence to latitude 32 deg.46'29.0''N, longitude 
079 deg.57'00.9''W; thence back to the beginning following the 
southwest boundary of the Ashley River Channel. All coordinates 
referenced use Datum: NAD 1983.
    Proposed Ashley River Anchorage Number Two would be located on the 
waters lying within an area across the Ashley River Channel from the 
Ashley Marina bounded by the southwest side of the channel beginning 
latitude 32 deg.46'53.0''N, longitude 079 deg.57'34.5''W; thence to 
latitude 32 deg.46'50.5''N, longitude 079 deg.57'40.5''W; thence to 
latitude 32 deg.46'46.0''N, longitude 079 deg.57'34.5''W; thence to 
latitude 32 deg.46'49.0''N, longitude 079 deg.57'28.7''W; thence back 
to the beginning following the southwest boundary of the Ashley River 
Channel. All referenced coordinates use Datum: NAD 1983.
    These proposed anchorage areas will provide that vessels no more 
than sixty-five feet in length, when anchored in the anchorage areas, 
shall not be required to carry or exhibit the white anchor lights 
required by the Navigation Rules.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The proposed anchorage areas described in this notice are 
currently being used by recreational vessels as over flow from the 
existing anchorage.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic impact on a substantial number of small entities.
Collection of Information
    This proposed rule contains no collection-of-information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).
Federalism
    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
    The Coast Guard has considered the environmental impact of this 
proposal and has determined pursuant to Section 2.B.2. of Commandant 
Instruction M16475.1B, hat this action is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist are available in the 
docket for inspection or copying at the location listed in ADDRESSES.
List of Subjects in 33 CFR Part 110
    Anchorage grounds.
Proposed Regulations
    In consideration of the foregoing, the Coast Guard proposes to 
revise Part 110 of Title 33, Code of Federal Regulations, as follows:

PART 110--[AMENDED]

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
are also issued under 33 U.S.C. 1223 and 1231.

    2. Section 110.72d is revised to read as follows:
Sec. 110.72d  Ashley River Anchorage Areas, SC.

    The following locations are special anchorage areas:
    (a) Ashley River Anchorage 1. The waters lying within an area 
across the Ashley River Channel from the George M. Lockwood Municipal 
Marina bounded by the southwest side of the channel beginning at 
latitude

[[Page 17863]]

33 deg.46'43.7'' N, longitude 079 deg.57'19.3'' W; thence to latitude 
32 deg.46'38.0'' N, longitude 079 deg.57'24.0'' W; thence to latitude 
32 deg.46'32.0'' N, longitude 079 deg.57'15.5'' W; thence to latitude 
32 deg.46'29.0'' N, longitude 079 deg.57'00.9'' W; thence back to the 
beginning following the southwest boundary of the Ashley River Channel. 
All coordinates referenced use Datum: NAD 1983.
    (b) Ashley River Anchorage 2. The waters lying within an area 
across the Ashley River Channel from the Ashley Marina bounded by the 
southwest side of the channel beginning at latitude 33 deg.46'53.0'' N, 
longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'50.5'' N, 
longitude 079 deg.57'40.5'' W; thence to latitude 32 deg.46'46.0'' N, 
longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'49.0'' N, 
longitude 079 deg.57'28.7'' W; thence back to the beginning following 
the southwest boundary of the Ashley River Channel. All coordinates 
referenced use Datum: NAD 1983.

    Dated: April 10, 1996.
P.J. Cardaci,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 96-9879 Filed 4-22-96; 8:45 am]
BILLING CODE 4910-14-P