[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Proposed Rules]
[Pages 39503-39506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16639]


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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: 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. 
This amendment is necessary to ensure changes in depth as resulting 
from an Army Corps of Engineers anchorage-deepwater project and that 
the dimensions for the Baltimore Harbor anchorages are reflected in the 
Federal regulations and on NOAA charts. This proposed regulated uses 
modification will accommodate changes to ships' drafts and lengths 
since the last revision of this regulation in 1968 and will harmonize 
the anchorage regulation throughout the Fifth Coast Guard District.

DATES: Comments and related material must reach the Coast Guard on or 
before September 2, 2003.

ADDRESSES: You may mail comments and related material to Commander, 
Fifth Coast Guard District (oan), 431 Crawford Street, Portsmouth, VA, 
23704-5004. The Aids to Navigation and Waterways Management Branch 
(oan) maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the Aids 
to Navigation and Waterways Management Branch office between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTjg Anne Grabins, Fifth Coast Guard 
District Aids to Navigation and Waterways Management Branch, (757) 398-
6559.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage 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 (CGD05-02-
040), indicate the specific section of this document to which each 
comment

[[Page 39504]]

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

    We do 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.

Background and Purpose

    The U.S. Army Corps of Engineers received Congressional 
authorization for the Baltimore Harbor Anchorage project in September 
2001. The objective of this project is to increase the project depths 
of Anchorage No. 3 and No. 4 to 42 ft and 35 ft respectively. The 
original Federal anchorage project for Baltimore Harbor was designed to 
accommodate cargo ships with maximum drafts of 33 ft and lengths of 550 
ft. The dimensions of the anchorages are changing to accommodate the 
larger ships that call on the Port that routinely approach 1000 ft LOA 
with drafts of 36 to 38 feet or more. The new coordinates established 
for Anchorage Nos. 2, 3, and 4, will also accommodate the widening of 
the Dundalk West Channel, a north/south Federal navigation project 
located between Anchorage No. 3 and Anchorage No. 4 and widening of the 
Duldalk East Channel bordering Anchorage No. 4.
    Dredging for the Baltimore Harbor Anchorage project commenced in 
March 2002 and is scheduled for completion in May 2003.

Discussion of Proposed Rule

    This proposed rule would amend the Federal regulations to reflect 
the changes made to Baltimore Harbor as a result of the Army Corps of 
Engineers' Baltimore Harbor anchorage improvement project currently in 
progress and scheduled for completion in May 2003. As a result of this 
improvement project, the dimensions for the anchorages will change. 
Analyzing the existing anchorage areas and naturally occurring depths, 
the Army Corps of Engineers identified areas best suited to meet the 
needs of the vessels that most frequently call on the Port of 
Baltimore. Upon completion, Anchorage No. 3 will be divided into two 
sections: Anchorage 3 Lower (2200' x 2200' x 42 ft mean lower low water 
(MLLW)) and Anchorage 3 Upper (1800' x 1800' x 42ft MLLW). Anchorage 
No. 4 will also be modified (1850' x 1800' x 35ft MLLW).
    The changes made to Upper 3, Lower 3 and Anchorage No. 4 will 
change the dimensions of Anchorage No. 2, bordering Anchorage No. 3 to 
the west and north. Anchorage No. 2 will also be expanded to include 
the area between Lower 3 and the Seagirt Marine Terminal Entrance 
Channel. Anchorage No. 2 is an unimproved anchorage, and its depths are 
not maintained by periodic dredging.

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 deepening 
of anchorage 3 and anchorage 4 within the Port of Baltimore will better 
accommodate deep draft vessels waiting for an open berth. The Coast 
Guard does not expect that these new accommodations 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 would 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 
are a change in dimension, the size of which will remain proportional 
to its current size, and their location will 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 Anne Grabins at the address 
listed (see ADDRESSES).

Collection of Information

    This proposed 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

[[Page 39505]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 or more in any one year. Though this proposed 
rule would not result in such expenditure, we do discuss the effects of 
this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect 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 power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

List of Subjects in 33 CFR Part 110

    Anchorage regulations.

    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, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    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]15'14.8'' N                   76[deg]32'59.6'' W
39[deg]14'43.9'' N                   76[deg]32'27.0'' W
39[deg]14'37.7'' N                   76[deg]32'28.1'' W
39[deg]14'30.9'' N                   76[deg]32'33.5'' W
39[deg]14'46.2'' N                   76[deg]32'49.7'' W
39[deg]14'43.7'' N                   76[deg]32'63.6'' W
39[deg]14'57.5'' N                   76[deg]33'08.1'' W
39[deg]14'46.2'' N                   76[deg]33'25.8'' W
39[deg]15'01.4'' N                   76[deg]33'42.6'' 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
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]33'53.6'' 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

[[Page 39506]]

 
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:
    (1) Dangerous cargo means ``certain dangerous cargo'' as defined in 
Sec.  160.203 of this chapter.
    (2) Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 
1.4 explosives, as defined in 49 CFR 173.50.
    (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 the anchoring 
of other vessels may not occupy an anchorage, unless the vessel obtains 
a permit from the Captain of the Port.
    (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: June 23, 2003.
Sally Brice-O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-16639 Filed 7-1-03; 8:45 am]
BILLING CODE 4910-15-P