[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Proposed Rules]
[Pages 57656-57662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21523]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / 
Proposed Rules  

[[Page 57656]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD05-04-043]
RIN 1625-AA01


Anchorage Grounds, Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to revise the anchorage regulations 
in the Port of Hampton Roads. Infrastructure improvements and increases 
in vessel traffic and draft entering the port have prompted this 
proposed rulemaking. The proposed changes to this regulation will 
ensure that the Hampton Roads Anchorage Grounds continue to safely 
support current and future vessel anchoring demands.

DATES: Comments must be received on or before December 27, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oan), Fifth Coast Guard District, 431 Crawford Street, Room 401, 
Portsmouth, VA 23704-5004. Commander (oan), Fifth Coast Guard District, 
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 Fifth 
Coast Guard District 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 (oan), (757) 398-6285, between 9 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

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 (CGD05-04-
043), 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

    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

    Recreational, public, and commercial vessels use the Hampton Roads 
Anchorage Grounds. General regulations covering the anchorage of 
vessels in the port are set out in 33 CFR 110.168. In June 1986, the 
U.S. Army Corps of Engineers (USACE) completed a study of the Norfolk 
Harbor, including its anchorages. The study is entitled, ``General 
Design Memorandum 1, Norfolk Harbor and Channels, Virginia, Main 
Report.'' Comments from the Coast Guard, Navy, Virginia Port Authority, 
Virginia Pilots Association and Hampton Roads Maritime Association 
requesting improvements to Anchorages F and K were considered in the 
study. Anchorage F currently has two 400-yard radius berths. The USACE, 
in 1998, constructed a single 500-yard radius berth for Anchorage F and 
is currently maintaining the anchorage at a project depth of 50 feet. 
This proposed rule would change Anchorage F to a single 500 yard radius 
berth to reflect the construction completed by the USACE in 1998. The 
USACE was congressionally authorized in November of 1986 to increase 
the channel depth of Anchorage F to 55 feet deep, see H. Doc. 99-85, 
99th Cong., 1st session. Improvements were also proposed by the Coast 
Guard to the Newport News Middle Ground, Anchorage K, by increasing the 
easternmost berth, K-1 from a swing radius of 400 yards to one of 500 
yards. In addition, Berth K-2, currently maintained at 40 feet, would 
be deepened to 45 feet. The increase in size to Berth K-1, the increase 
in depth to Berth K-2 and the increase in depth to Anchorage F have all 
been congressionally authorized and will be scheduled once the increase 
in arrivals of vessels with deeper drafts support the project. The 
circular boundaries for Berth K-1, referred to as East Anchorage, and 
Berth K-2, referred to as West Anchorage, will be shown on future chart 
editions for the area when the final rule for this regulation is 
published.
    It is proposed that Anchorage K be separated into an upper and 
lower section, and divided by the Fairway for Shallow Draft Vessels and 
Tows. This would restrict vessels from anchoring inside the limits of 
that channel.
    A new quarantine anchorage, new Anchorage Q, is proposed to replace 
Berth K-3, which is currently not maintained by the USACE. The new 
quarantine anchorage would be located east of York Spit Channel between 
Chesapeake Channel Lighted Buoy 36 and Chesapeake Channel Lighted Buoy 
38 west of Cape Charles. The new anchorage would be located in 
naturally deep water with charted depths in excess of 60 feet and would 
have two 500-yard, swing-radius berths.
    Current trends indicate that shipping companies will call on the 
Port of Hampton Roads using larger, deeper draft vessels, thereby 
creating a need for fewer trips when visiting the port of Hampton Roads 
in the future. With the increase in size, The Navigation Plan for the 
Port of Hampton Roads, conducted by the USACE in February of 2000, 
indicated that by the year 2010 almost 40 percent of containerized 
cargo will be moved on ships capable of carrying 4,000 twenty-foot 
trailer equivalent units (TEU). Some ``Mega Ships'' already in service 
are capable of carrying up to 6,000 TEUs. The average container ship 
calling on the port today carries between 1,500 and 4,000 TEUs. The 
bulk carriers that call on the Port

[[Page 57657]]

of Hampton Roads have also increased in size and will play a 
significant role in the port's future design considerations. In 
addition to the projected increase in the size of vessels calling on 
the Port of Hampton Roads, there are two infrastructure improvement 
projects in the port that affect the anchorage grounds. In September 
2001, APM Terminals North America, Inc. (Maersk) purchased 570 acres of 
property located on the Elizabeth River, south of Craney Island. 
Dredging has begun in the vicinity of Anchorage P for the development 
of a major marine container handling facility on this property. The 
first ship is due to moor at this new terminal sometime in 2007. 
Anchorage P lies between the future terminal and the Federal navigation 
channel. Parts of Anchorage P will be made unusable following 
completion of the terminal and the approach channels. Maersk has 
requested the discontinuation of Anchorage P.
    Likewise, the construction of the Norfolk International Terminal 
North (NIT North) approach channel, which passes through the existing 
Anchorage M, has rendered that anchorage unusable. This proposed rule 
would discontinue Anchorage M.
    To further enhance the safety of the port anchorages, this rule 
proposes to amend the regulations of the boundaries of Berths 3 and 4 
within Explosive Anchorage G. Currently, these berths overlap each 
other and pose a potential hazard to anchored vessels. The proposed 
rule would separate the berths, eliminating the risk of collision as a 
result of overlapping swing circles.
    The proposed rule would rename existing Anchorage R as Anchorage M, 
rename existing Anchorage T as Anchorage N, rename existing Anchorage 
U, The Hague, as Anchorage O, The Hague.
    The proposed rule would eliminate existing Anchorages Q and S. The 
proposed changes are listed in the following Table:

------------------------------------------------------------------------
 Current anchorage [33 CFR 110.168(a)]           Proposed change
------------------------------------------------------------------------
A--Cape Henry Naval Anchorage (1)......  No change.
B--Chesapeake Bay, Thimble Shoals        No change.
 Channel Naval Anchorage (CBTSC)
 [(2)(i)].
C--CBTSC Naval Anchorage [(2)(ii)].....  No change.
D--CBTSC Naval Anchorage [(2)(ii)].....  No change.
E--Commercial Explosive Anchorage        No change.
 [(2)(iv)].
E--1 Explosive Handling Berth            No change.
 [(2)(iv)(A)].
F--Hampton Bar [(3)(i)]................  No changes to anchorage limits.
                                          One 500-yard swing radius
                                          berth would replace two 400
                                          yard swing radius berths.
                                          Single berth dredged to a
                                          depth of 50 feet in 1998,
                                          authorized depth 55 feet. New
                                          regulations would be included
                                          in part [(e)(3)] excluding
                                          vessels with drafts less than
                                          45 ft from using Anchorage F
                                          without permission from the
                                          Captain of the Port.
                                          Previously, vessels with a
                                          draft less than 40 ft and a
                                          length of less than 700 ft
                                          were excluded.
F-1 [(3)(i)(A)]........................  Designation would refer to 500
                                          yard berth.
F-2 [(3)(i)(B)]........................  Discontinue F-2.
G--Hampton Flats Naval Explosives        New center positions created
 Anchorage [(3)(ii)].                     for Berths 3 and 4, which
                                          would remove overlapping
                                          circumferences.
G-1 Explosives Handling Bert             No change.
 [(3)(ii)(A)].
G-2 Explosives Handling Bert             No change.
 [(3)(ii)(B)].
G-3 Explosives Handling Bert             A new center position would
 [(3)(ii)(C)].                            replace current center
                                          position to remove overlapping
                                          circumferences with G-4.
G-4 Explosives Handling Bert             A new center position would
 [(3)(ii)(D)].                            replace current center
                                          position to remove overlapping
                                          circumferences with G-3.
H--Newport News Bar [(3)(iii)].........  No change.
I--Newport News [(4)(i)]...............  No change to existing boundary
                                          lines. A new center position
                                          is proposed for Berth I-2.
I-1 [(4)(i)(A)]........................  No change.
I-2 [(4)(i)(B)]........................  A new center position would
                                          replace current center
                                          position removing ambiguous
                                          boundary lines.
J--Newport News Middle Ground [(4)(ii)]  No change.
K--Newport News Middle Ground            Replace boundary lines for K-1
 [(4)(iii)] Anchorage [(3)(ii)].          and K-2 with berth
                                          circumferences. The CG
                                          proposes to remove K-3.
                                          Separate Anchorage K into an
                                          Upper and Lower section.
K-1 East Anchorage [(4)(iii)(A)].......  K-1 would have a 400 yard swing
                                          radius and be maintained at a
                                          depth of 45 ft. Future plans
                                          include increasing the swing
                                          radius to 500 yards.
K-2--West Anchorage [(4)(iii)(B)]......  K-2 would have a 400 yard swing
                                          radius and be maintained at a
                                          depth of 40 ft. Future plans
                                          include increasing the depth
                                          to 45 ft.
K-3--Quarantine Berth [(4)(iii)(C)]....  We propose to remove K-3 and
                                          establish a new quarantine
                                          anchorage adjacent to Cape
                                          Charles, east of York Spit
                                          Channel.
L--Craney Island Flats [(4)(iv)].......  No change.
M--Norfolk Harbor Channel Anchorages     Old Anchorage M would be
 (NHCA) [(5)(i)].                         eliminated.
N--NHCA [(5)(ii)]......................  Old Anchorage N would be
                                          eliminated.
O--NHCA [(5)(iii)].....................  Old Anchorage O would be
                                          eliminated.
P--Lambert's Point [(6)(i)]............  We would eliminate Anchorage P.
Q--Elizabeth River Anchorage             Old Anchorage Q would be
 (ERA)[(6)(ii)].                          eliminated.
R--ERA, Port Norfolk [(6)(iii)]........  Current Anchorage R would be
                                          redesignated Anchorage M.
S--ERA, Port Norfolk [(6)(iv)].........  We would eliminate Anchorage S.
T--ERA, Hospital Point [(6)(v)]........  We would rename Anchorage T
                                          Anchorage N.
U--The Hague [(7)].....................  We would discontinue the use of
                                          the Anchorage U designation.
                                          Current Anchorage U would be
                                          redesignated Anchorage O.

[[Page 57658]]

 
Q--Quarantine Anchorage................  We proposed to establish a new
                                          quarantine anchorage adjacent
                                          to Cape Charles east of York
                                          Spit Channel.
------------------------------------------------------------------------

Discussion of Proposed Rule

    No changes are proposed for Anchorage grounds A, B, C, D, and E. 
Regulations for Anchorage F would establish one 500 yard radius berth 
(F-1) that would replace the two 400 yard radius berths. Under our 
proposed regulations, vessels with a draft less than 45 feet would not 
be able to anchor in berth F-1 without permission from the Captain of 
the Port. Currently, vessels with a draft less than 40 feet and a 
length of less than 700 feet are excluded from using Anchorage F 
without permission from the Captain of the Port. Anchorage berth F-2 
would be discontinued.
    New center positions have been calculated for Berths G-3 and G-4 to 
separate intersecting circumferences. This action would remove any 
ambiguity and address safety concerns involving overlapping swing 
circles. Berths G-1 and G-2 would remain unchanged.
    A new center position has been calculated for Berth I-2 to position 
it entirely within the boundary surrounding Anchorage I. The new 
position will move the berth northeast and remove any ambiguity 
associated with the limits of Anchorage I or Berth I-2.
    No changes are proposed for Anchorages H and J. There are no 
ongoing improvement projects occurring in Anchorage K other than those 
required to maintain the two 400 yard radius berths. The circular 
boundary lines for Berth K-1, East Anchorage, and for Berth K-2, West 
Anchorage, would be shown on future chart editions instead of the 
current linear berth boundaries. Berth K-3 would be discontinued. No 
changes are proposed for Anchorage L.
    Anchorage M, formerly referred to as Anchorage R, and Anchorage N, 
formerly referred to as Anchorage T, would remain available for small 
boat usage. Anchorage O, formerly referred to as Anchorage U, or The 
Hague, would also remain available for small boat usage.
    A new anchorage would be established to replace the current 
quarantine berth designated K-3. The current language in 33 CFR 110.168 
listing specific regulations for Berth K-3 will be removed. The new 
quarantine anchorage would be designated Q and located east of York 
River Spit Channel between Chesapeake Channel Lighted Buoy 36 and 
Chesapeake Channel Lighted Buoy 38. Two berths, Q-1 and Q-2, each 
having a radius of 500 yards, would be designated within Anchorage Q. 
Specific regulations for Quarantine Anchorage, Anchorage Q, formerly 
Berth K-3, have been added to section (e) of the revised regulation. 
The letter designations P, R, S, T, and U would be discontinued.

Regulatory Evaluation

    This proposed 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. 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 the regulatory policies 
and procedures of DHS is unnecessary. The proposed rule changes 
complement current anchorage usage and waterway modifications made by 
the USACE resulting in minimal impact.

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. The proposed rule would affect the owners or 
operators of small pleasure craft wishing to anchor in the Elizabeth 
River anchorages that would be discontinued due to shallow natural 
water depths.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its affects 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 Lieutenant Junior Grade Timothy 
Martin, Fifth Coast Guard District (oan), at (757) 398-6285. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    The 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 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 an 
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

[[Page 57659]]

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.

Energy Effects

    We have analyzed this 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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. The proposed rule deals directly with 
establishing, disestablishing and renaming anchorage areas.
    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 a final decision on whether the rule should 
be categorically excluded from further environmental review.

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 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. Revise Sec.  110.168 to read as follows:


Sec.  110.168  Hampton Roads, Virginia, and adjacent waters (Datum: NAD 
83).

    (a) Anchorage Grounds. (1) Anchorage A (Naval Anchorage). The 
waters bounded by the shoreline and a line connecting the following 
points:


Latitude                             Longitude
 
36[deg]55'33.0'' N.                  76[deg]02'47.0'' W.
36[deg]57'02.8'' N.                  76[deg]03'02.6'' W.
36[deg]56'45.0'' N.                  76[deg]01'30.0'' W.
36[deg]55'54.0'' N.                  76[deg]01'37.0'' W.
 

    (2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
    (i) Anchorage B (Naval Anchorage). The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
36[deg]57'58.0'' N.                  76[deg]06'07.0'' W.
36[deg]57'11.0'' N.                  76[deg]03'02.1'' W.
36[deg]55'48.8'' N.                  76[deg]03'14.0'' W.
36[deg]56'31.8'' N.                  76[deg]06'07.0'' W.
36[deg]57'04.0'' N.                  76[deg]06'07.0'' W.
36[deg]57'08.5'' N.                  76[deg]06'24.5'' W.
 


    (ii) Anchorage C (Naval Anchorage). The waters bounded by a line 
connecting the following points:


Latitude                             Longitude
36[deg]58'54.8'' N.                  76[deg]09'41.5'' W.
36[deg]58'18.8'' N.                  76[deg]07'18.0'' W.
36[deg]57'27.0'' N.                  76[deg]07'37.5'' W.
36[deg]58'04.0'' N.                  76[deg]10'00.0'' W.
 


    (iii) Anchorage D (Naval Anchorage). The waters bounded by the 
shoreline and a line connecting the following points:


Latitude                             Longitude
36[deg]55'49.0'' N.                  76[deg]10'32.8'' W.
36[deg]58'04.0'' N.                  76[deg]10'02.1'' W.
36[deg]57'31.2'' N.                  76[deg]07'54.8'' W.
36[deg]55'24.1'' N.                  76[deg]08'28.8'' W.
 


    (iv) Anchorage E (Commercial Explosive Anchorage). The waters 
bounded by a line connecting the following points:


Latitude                             Longitude
36[deg]59'58.7'' N.                  76[deg]13'47.0'' W.
36[deg]59'08.2'' N.                  76[deg]10'33.8'' W.
36[deg]58'13.0'' N.                  76[deg]10'51.8'' W.
36[deg]59'02.0'' N.                  76[deg]14'10.2'' W.
 


    (A) Explosive Handling Berth E-1 (Explosives Anchorage Berth): The 
waters bounded by the arc of a circle with a radius of 500 yards and 
with the center located at:


Latitude                             Longitude
36[deg]59'05.0'' N.                  76[deg]11'23.0'' W.
 


    (3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The 
waters bounded by a line connecting the following points:


Latitude                             Longitude
36[deg]59'51.6'' N.                  76[deg]19'12.0'' W.
36[deg]59'25.2'' N.                  76[deg]18'48.5'' W.
36[deg]58'49.1'' N.                  76[deg]19'33.8'' W.
36[deg]59'25.0'' N.                  76[deg]20'07.0'' W.
 


    (A) Anchorage Berth F-1. The waters bounded by a line connecting 
the arc of a circle with a radius of 500 yards and with the center 
located at:


Latitude                             Longitude
36[deg]59'29.1'' N.                  76[deg]19'15.1'' W.
 


    (ii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The 
waters bounded by a line connecting the following points:


[[Page 57660]]



Latitude                             Longitude
36[deg]59'25.0'' N.                  76[deg]20'07.0'' W.
36[deg]58'49.1'' N.                  76[deg]19'33.8'' W.
36[deg]57'41.4'' N.                  76[deg]21'07.7'' W.
36[deg]57'34.6'' N.                  76[deg]21'26.7'' W.
36[deg]57'31.1'' N.                  76[deg]22'01.9'' W.
36[deg]58'07.0'' N.                  76[deg]22'03.0'' W.
36[deg]58'54.8'' N.                  76[deg]21'42.6'' W.
 


    (A) Explosives Handling Berth G-1. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:


Latitude                             Longitude
36[deg]57'50.0'' N.                  76[deg]21'37.0'' W.
 


    (B) Explosives Handling Berth G-2. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:


Latitude                             Longitude
36[deg]58'14.0'' N.                  76[deg]21'01.5'' W.
 


    (C) Explosives Handling Berth G-3. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:


Latitude                             Longitude
36[deg]58'34.2'' N.                  76[deg]20'31.4'' W.
 


    (D) Explosives Handling Berth G-4. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:


Latitude                             Longitude
36[deg]58'54.9'' N.                  76[deg]20'03.2'' W.
 


    (iii) Anchorage H, Newport News Bar. The waters bounded by a line 
connecting the following points:


Latitude                             Longitude
36[deg]58'07.0'' N.                  76[deg]22'03.0'' W.
36[deg]57'31.1'' N.                  76[deg]22'01.9'' W.
36[deg]57'18.0'' N.                  76[deg]24'11.2'' W.
36[deg]57'38.3'' N.                  76[deg]24'20.0'' W.
36[deg]57'51.8'' N.                  76[deg]22'31.0'' W.
 


    (4) James River Anchorages. (i) Anchorage I, Newport News. The 
waters bounded by a line connecting the following points:


Latitude                             Longitude
36[deg]57'06.7'' N.                  76[deg]24'44.3'' W.
36[deg]56'22.6'' N.                  76[deg]24'28.0'' W.
36[deg]56'03.0'' N.                  76[deg]24'37.0'' W.
36[deg]57'53.7'' N.                  76[deg]26'41.5'' W.
36[deg]58'23.0'' N.                  76[deg]27'11.0'' W.
36[deg]58'48.5'' N.                  76[deg]27'11.0'' W.
36[deg]58'35.4'' N.                  76[deg]26'38.4'' W.
36[deg]57'51.7'' N.                  76[deg]26'02.8'' W.
36[deg]57'30.6'' N.                  76[deg]25'34.5'' W.
 


    (A) Anchorage Berth I-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:


Latitude                             Longitude
36[deg]57'08.5'' N.                  76[deg]25'21.6'' W.
 


    (B) Anchorage Berth I-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:


Latitude                             Longitude
36[deg]57'23.8'' N.                  76[deg]25'46.0'' W.
 


    (ii) Anchorage J, Newport News Middle Ground. The waters bounded by 
a line connecting the following points:


Latitude                             Longitude
 
36[deg]57'21.0'' N.                  76[deg]22'22.1'' W.
36[deg]56'46.5'' N.                  76[deg]22'39.3'' W.
36[deg]56'25.3'' N.                  76[deg]23'48.0'' W.
36[deg]57'10.2'' N.                  76[deg]24'09.9'' W.
 


    (iii) Anchorage K Upper, Newport News Middle Ground. The waters 
bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]57'56.4'' N.                  76[deg]20'30.5'' W.
36[deg]57'08.5'' N.                  76[deg]20'31.0'' W.
36[deg]56'48.8'' N.                  76[deg]20'20.1'' W.
36[deg]56'45.0'' N.                  76[deg]20'32.0'' W.
36[deg]56'45.0'' N.                  76[deg]21'37.7'' W.
36[deg]56'59.2'' N.                  76[deg]22'31.5'' W.
36[deg]57'21.0'' N.                  76[deg]22'22.1'' W.
36[deg]57'28.1'' N.                  76[deg]21'11.7'' W.
 


    (A) Anchorage Berth K-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:


Latitude                             Longitude
 
36[deg]57'30.5'' N.                  76[deg]20'45.3'' W.
 


    (B) Anchorage Berth K-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:


Latitude                             Longitude
 
36[deg]57'16.8'' N.                  76[deg]21'09.5'' W.
 


    (iv) Anchorage K Lower, Newport News Middle Ground. The waters 
bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]55'59.9'' N.                  76[deg]22'11.7'' W.
36[deg]55'59.9'' N.                  76[deg]24'00.0'' W.
36[deg]56'25.3'' N.                  76[deg]23'48.0'' W.
36[deg]56'46.5'' N.                  76[deg]22'39.3'' W.
36[deg]56'53.1'' N.                  76[deg]22'34.5'' W.
36[deg]56'38.5'' N.                  76[deg]21'39.1'' W.
36[deg]56'38.5'' N.                  76[deg]20'47.0'' W.
 


    (v) Anchorage Berth L, Craney Island Flats. The waters bounded by a 
line connecting the following points:


Latitude                             Longitude
 
36[deg]56'48.8'' N.                  76[deg]20'20.1'' W.
36[deg]56'04.2'' N.                  76[deg]20'23.7'' W.
36[deg]55'59.9'' N.                  76[deg]22'11.7'' W.
 


    (5) Elizabeth River Anchorages. (i) Anchorage M, Port Norfolk. The 
waters bounded by a line connecting the following points:


Latitude                             Longitude
 
36[deg]51'45.7'' N.                  76[deg]19'31.5'' W.
36[deg]51'45.8'' N.                  76[deg]19'20.7'' W.
36[deg]51'37.8'' N.                  76[deg]19'24.3'' W.
36[deg]51'32.5'' N.                  76[deg]19'31.1'' W.
36[deg]51'40.7'' N.                  76[deg]19'37.3'' W.
36[deg]51'45.7'' N.                  76[deg]19'31.5'' W.
 


    (ii) Anchorage N, Hospital Point. The waters bounded by a line 
connecting the following points:


Latitude                             Longitude
 
36[deg]50'50.0'' N.                  76[deg]18'00.0'' W.
36[deg]51'05.4'' N.                  76[deg]18'22.4'' W.
36[deg]50'36.7'' N.                  76[deg]17'52.8'' W.
36[deg]50'33.6'' N.                  76[deg]17'58.8'' W.
36[deg]50'49.3'' N.                  76[deg]18'09.0'' W.
36[deg]50'50.3'' N.                  76[deg]18'07.8'' W.
36[deg]50'56.2'' N.                  76[deg]18'12.5'' W.
36[deg]51'01.8'' N.                  76[deg]18'32.3'' W.
 


    (iii) Anchorage O, The Hague. The waters of the basin known as 
``The Hague'', north of the Brambleton Avenue Bridge, except for the 
area within 100 feet of the bridge span that provides access to and 
from the Elizabeth River.
    (iv) Anchorage Q. Quarantine Anchorage. The waters bounded by a 
line connecting the following points:


Latitude                             Longitude
 
37[deg]17'13.7'' N.                  76[deg]06'41.6'' W.
37[deg]17'30.3'' N.                  76[deg]05'53.9'' W.
37[deg]16'25.0'' N.                  76[deg]05'18.4'' W.
37[deg]16'08.4'' N.                  76[deg]06'06.0'' W.
 


    (A) Anchorage Berth Q-1. The waters bounded by the arc of a circle 
with a radius of 500 yards and with the center located at:


Latitude                             Longitude
 
37[deg]17'05.7'' N.                  76[deg]06'08.9'' W.
 


    (B) Anchorage Berth Q-2. The waters bounded by the arc of a circle 
with a radius of 500 yards with the center located at:
    (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.  160.204 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

[[Page 57661]]

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 as otherwise provided, a vessel may not occupy an 
anchorage for more than 30 days, unless the vessel obtains a permit 
from the Captain of the Port.
    (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.
    (4) The Captain of the Port may, upon application, assign a vessel 
to a specific berth within an anchorage for a specified period of time.
    (5) The Captain of the Port may grant a revocable permit to a 
vessel for a habitual use of a berth. Only the vessel that holds the 
revocable permit may use the berth during the period that the permit is 
in effect.
    (6) The Commander, Fifth Coast Guard District, may authorize the 
establishment and placement of temporary mooring buoys within a berth. 
Placement of a fixed structure within an anchorage may be authorized by 
the District Engineer, U.S. Army Corps of Engineers.
    (7) If an application is for the long-term lay up of a vessel, the 
Captain of the Port may establish special conditions in the permit with 
which the vessel must comply.
    (8) Upon notification by the Captain of the Port to shift its 
position within an anchorage, a vessel at anchor must get underway at 
once or signal for a tug. The vessel must move to its new location 
within 2 hours after notification.
    (9) 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 communications guards on 
selected radio frequencies.
    (10) A vessel that does not have a sufficient crew on board to 
weigh anchor at any time must have two anchors in place, unless the 
Captain of the Port waives this requirement. Members of the crew may 
not be released until the required anchors have been set.
    (11) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to 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.
    (12) Barges may not anchor in the deeper portions of anchorages or 
interfere with the anchoring of deep-draft vessels.
    (13) Barges towed in tandem to an anchorage must be nested together 
when anchored.
    (14) Any vessel anchored or moored in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT) 
must be capable of getting underway within 30 minutes with sufficient 
power to keep free of the bridge tunnel complex.
    (15) A vessel may not anchor or moor in an anchorage adjacent to 
the Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel 
(MMBT) if its steering or main propulsion equipment is impaired.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. This paragraph applies to every 
vessel, except a naval vessel, handling or carrying dangerous cargoes 
or Class 1 (explosive) materials.
    (1) Unless otherwise directed by the Captain of the Port, each 
commercial vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials must be anchored or moored within Anchorage Berth 
E-1.
    (2) Each vessel, including each tug and stevedore boat, used for 
loading or unloading dangerous cargoes or Class 1 (explosive) materials 
in an anchorage, must carry a written permit issued by the Captain of 
the Port.
    (3) 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 a form of valid identification.
    (4) 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, must present the pass or 
other form of identification prescribed by paragraph (d)(4) of this 
section to any Coast Guard boarding officer who requests it.
    (5) The Captain of the Port may revoke at any time a pass issued 
under the authority of paragraph (d)(4) of this section.
    (6) 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.
    (7) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a red flag 
(Bravo flag) in a prominent location and by night a fixed red light.
    (e) Regulations for Specific Anchorages. (1) Anchorages A, B, C, 
and D. Except for a naval vessel, military support vessel, or vessel in 
an emergency situation, a vessel may not anchor in Anchorages A, B, C, 
or D without the permission of the Captain of the Port. The Captain of 
the Port must consult with the Commander, Naval Amphibious Base Little 
Creek, before granting a vessel permission to anchor in Anchorages A, 
B, C, or D.
    (2) Anchorage E. (i) A vessel may not anchor in Anchorage E without 
a permit issued by the Captain of the Port.
    (ii) The Captain of the Port must give commercial vessels priority 
over naval and public vessels.
    (iii) The Captain of the Port may at any time revoke a permit to 
anchor in Anchorage E issued under the authority of paragraph (e)(4)(i) 
of this section.
    (iv) A vessel may not anchor in Anchorage Berth E-1, unless it is 
handling or carrying dangerous cargoes or Class 1 (explosive) 
materials.
    (v) A vessel may not anchor within 500 yards of Anchorage Berth E-1 
without the permission of the Captain of the Port, if the berth is 
occupied by a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials.
    (3) Anchorage F. A vessel having a draft less than 45 feet may not 
anchor in Anchorage F without the permission of the Captain of the 
Port. No vessel may anchor in Anchorage F for a longer period than 72 
hours without permission from the Captain of the Port. Vessels 
expecting to be at anchor for more than 72 hours must obtain permission 
from the Captain of the Port.
    (4) Anchorage G. (i) Except for a naval vessel, a vessel may not 
anchor in Anchorage G without the permission of the Captain of the 
Port.
    (ii) When handling or transferring Class 1 (explosive) materials in 
Anchorage G, naval vessels must comply with Department of Defense 
Ammunition and Explosives Safety Standards, or the standards in this 
section, whichever are the more stringent.
    (iii) When barges and other vessels are berthed at the Ammunition 
Barge Mooring Facility, located at latitude 36[deg] 58' 34'' N., 
longitude 76[deg] 21'12'' W., no other vessel, except a vessel that is 
receiving or offloading Class 1 (explosive) materials, may anchor 
within 1,000 yards of the Ammunition Barge Mooring Facility. Vessels 
transferring class 1 (explosive) materials must display by day a red 
flag (Bravo

[[Page 57662]]

flag) in a prominent location and by night a fixed red light.
    (iv) Whenever a vessel is handling or transferring Class 1 
(explosive) materials while at anchor in Anchorage G, no other vessel 
may anchor in Anchorage G without the permission of the Captain of the 
Port. The Captain of the Port must consult with the Commander, Naval 
Base Norfolk, before granting a vessel permission to anchor in 
Anchorage G.
    (v) A vessel located within Anchorage G may not handle or transfer 
Class 1 (explosive) materials within 400 yards of Norfolk Harbor 
Entrance Reach.
    (vi) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of another anchored vessel, unless the other 
vessel is also handling or transferring Class 1 (explosive) materials.
    (vii) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of Anchorage F or H.
    (5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth I-1 or I-2 without the permission of the 
Captain of the Port.
    (6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth K-1 or K-2 without the permission of the 
Captain of the Port.
    (7) Anchorage N. Portions of this anchorage are a special anchorage 
area under Sec.  110.72aa of this part during marine events regulated 
under Sec.  100.501 of this chapter.
    (8) Anchorage O. (i) A vessel may not anchor in Anchorage O unless 
it is a recreational vessel.
    (ii) No float, raft, lighter, houseboat, or other craft may be laid 
up for any reason in Anchorage O without the permission of the Captain 
of the Port.
    (9) Anchorage Q: Quarantine Anchorage. (i) A vessel that is 
arriving from or departing for sea and that requires an examination by 
public health, customs, or immigration authorities may anchor in 
Anchorage Q.
    (ii) Every vessel using Anchorage Q must be prepared to move 
promptly under its own power to another location when directed by the 
Captain of the Port, and must promptly vacate Anchorage Q after being 
examined and released by authorities.
    (iii) When any vessel using Anchorage Q is under the charge of a 
pilot, the pilot shall remain on board while the vessel is in Anchorage 
Q.
    (iv) Any non-self-propelled vessel using Anchorage Q shall have a 
tugboat in attendance while undergoing examination by quarantine, 
customs, or immigration authorities, except with the permission of the 
Captain of the Port.
    (v) Any non-self-propelled vessel using Anchorage P shall have a 
tugboat in attendance while undergoing examination by quarantine, 
customs, or immigration authorities, except with the permission of the 
Captain of the Port.

    Dated: September 2, 2004.
Ben Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-21523 Filed 9-24-04; 8:45 am]
BILLING CODE 4910-15-P