[Federal Register Volume 69, Number 9 (Wednesday, January 14, 2004)]
[Proposed Rules]
[Pages 2095-2098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-749]


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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: [email protected].

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