[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 40993-40994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20018]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD07-96-017]
RIN 2115-AA98


Anchorage Areas; Ashley River, Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two new anchorage areas in the 
Ashley River, Charleston, South Carolina. Due to pending construction 
of two 1000 ft piers at the George M. Lockwood Municipal Marina, in 
Charleston, the current anchorage in 33 CFR 110.72d 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 are replacing the one described 
in 33 CFR 110.72d. The new 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: September 6, 1996.

ADDRESSES: Requests for further information should be mailed to the 
Captain of the Port Charleston, Marine Safety Office Charleston, 196 
Tradd Street, South Carolina 29401-1899.

FOR FURTHER INFORMATION CONTACT:
CWO4 R.M. Webber, Project Officer, Marine Safety Office Charleston, 
South Carolina, Tel: (803) 724-7690.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On April 23, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled ``Special Anchorage Areas; Ashley River, 
Charleston, SC'' (CGD07-96-017) in the Federal Register (61 FR 17861). 
The comment period ended June 24, 1996. The Coast Guard received 11 
comments during the proposed rulemaking period. Eight letters of no 
objection and three letters in favor of the new anchorages were 
received. The letters of no objection verified that the anchorages 
would not impact the environment, historic sites, fisheries or 
navigation. A public hearing was not requested and one was not held.

Discussion of Regulations

    The City Marina Company and the City of Charleston have received a 
U.S. Army Corps of Engineers permit to build two 1000 foot piers on the 
south side of the Municipal Marina. Those 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 existing anchorage is 
extensively used by recreational vessels, the new anchorage areas will 
accommodate vessels that will be displaced when the new piers are 
built. There has been considerable public interest in establishing new 
anchorages to replace the existing anchorage since the marina plans 
were published in the local newspaper. The new anchorages are already 
being used by recreational vessels as overflow from the existing 
anchorage. To date, no problems have

[[Page 40994]]

arisen from recreational vessels anchoring in these areas.
    Ashley River Anchorage Number One is located on the waters lying 
within an area across the Ashley River Channel from the George M. 
Lockwood Municipal Marine 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.
    Ashley River Anchorage Number Two is 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 at 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 coordinates referenced use datum: NAD 1983.
    These anchorage areas 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 rule 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. These anchorage areas described in this notice are 
currently being used by recreational vessels as overflow from the 
existing anchorage.
    Since the impact of this is expected to be minimal, the Coast Guard 
certifies that it will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This 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 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 
rule and has determined pursuant to Section 2.B.2. of Commandant 
Instruction M16475.1B, that 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 same location listed in 
ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Regulations

    In consideration of the foregoing, the Coast Guard amends 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 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.
    (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 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 coordinates 
referenced use datum: NAD 1983.

    Dated: July 22, 1996.
John W. Lockwood,
U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 96-20018 Filed 8-6-96; 8:45 am]
BILLING CODE 4910-14-M