[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Proposed Rules]
[Pages 9892-9895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3918]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD13-05-001]
RIN 1625-AA01


Anacortes General Anchorage and Cap Sante and Hat Island Tug and 
Barge General Anchorages, Anacortes, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish three general anchorages 
and two tug and barge general anchorages in the vicinity of Anacortes, 
Washington. These anchorages would reduce the risk of collisions, 
provide a more orderly movement of tanker traffic in and out of near by 
oil refineries, and keep the approaches to Guemes Channel open to 
transiting traffic while providing ample room for barge operations.

DATES: Comments and related material must reach the Coast Guard on or 
before May 2, 2005.

ADDRESSES: You may mail comments and related material to Commanding 
Officer (wwm), Marine Safety Office Puget Sound, 1519 Alaskan Way 
South, Seattle, Washington 98134. Marine Safety Office Puget Sound 
maintains the public docket [CGD13-05-001] 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 Marine Safety Office Puget Sound between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ken Alger, Operations Director, 
Vessel Traffic Service Puget Sound, 1519 Alaskan Way South, Seattle, WA 
98134, (206) 217-6040.

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 (CGD13-05-
001), indicate the specific section of this document to which each 
comment

[[Page 9893]]

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 Marine Safety Office Puget Sound 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 Guemes Channel and the waters near Cap Sante and March Point 
are used by oil tank ships and tugs and barges and recreational 
vessels. In April 2000 the Captain of the Port Puget Sound (COTP), Port 
Angeles Pilots and representatives from the local oil industry and tug 
boat companies met to discuss efforts to minimize conflicts between 
vessels which transit Guemes Channel and vessels which anchor near Cap 
Sante and March Point. As a result of this meeting, the Coast Guard 
identified certain areas where vessels may anchor without presenting an 
unacceptably high risk of danger to navigation. Because these areas 
were not formally established as anchorage grounds, they are not 
included on nautical charts nor referenced in the Coast Pilot. Hence, 
vessels transiting the area may not know where vessels may be 
anchoring. This proposed rule would designate anchorage grounds for 
certain vessels. These anchorages would be managed by the Coast Guard 
Vessel Traffic Service Puget Sound (VTS) on behalf of the COTP. 
Management of these anchorages would reduce the risk of collisions and 
provide a more orderly movement of tanker traffic in and out of oil 
refineries at March Point.

Discussion of Proposed Rule

    The Coast Guard is proposing establishing three general anchorages 
centered on a 600 yard (.3 nm) radius from the following positions:

Anacortes East (ANE): 48[deg]31'27'' N, 122[deg]33'45'' W;
Anacortes Center (ANC): 48[deg]30'54'' N, 122[deg]34'06'' W; and
Anacortes West (ANW): 48[deg]31'09'' N, 122[deg]34'55'' W [Datum: NAD 
1983]

Lightering operations would only be allowed in the Anacortes West and 
Anacortes Center anchorages. Consistent with the regulations found at 
33 CFR 110.230(b)(1) regarding general anchorages in Puget Sound, no 
vessel will be allowed to anchor in the Anacortes general anchorages 
described above without prior permission from the Captain of the Port 
(COTP), or his authorized representative. However, the Coast Guard 
proposes making an exception to the requirement to obtain permission 
for the Cap Sante and Hat Island tug and barge general anchorages, 
which the Coast Guard proposes creating and are discussed below. In 
other words, the Coast Guard will not require a tug and barge using the 
Cap Sante and Hat Island general anchorages to obtain permission from 
the COTP prior to using these areas.
    Currently, 33 CFR 110.230(b)(1) allows vessels to occupy a general 
anchorage for up to 30 days. This provision will remain unchanged with 
respect to the general anchorages that are currently established. 
However, under this proposed rule, no vessel will be permitted to 
occupy the Anacortes East or Anacortes Center anchorages for a period 
of longer than ten (10) days or occupy the Anacortes West anchorage for 
a period longer than and six (6) days.
    The VTS will apply a hierarchy for assignment of berths in the 
Anacortes general anchorage area which are based on risk mitigation and 
are similar in concept to Rule 18 of the Convention on the 
International Regulations for Preventing Collisions at Sea, 1972, 
(commonly called 72 COLREGS). The following hierarchy will be applied 
for assignment of Anacortes General Anchorage Areas--(1) tankers 
conducting lightering operations, (2) loaded tankers, (3) all other 
vessels. Each vessel using the Anacortes general anchorage shall be 
prepared to move within 24 hours upon notification by the COTP. If a 
vessel is required to depart the Anacortes general anchorage, the COTP 
will consider where the vessel fits in the assignment hierarchy. 
Normally, vessels in a lower category will be required to leave before 
a vessel in a higher category. For example, a non-tanker would be 
required to leave before a loaded tanker. Furthermore, the COTP will 
apply the rule of first in, first out (FIFO) to determine which vessel 
shall depart if the vessels are in the same category.
    In addition, the Coast Guard proposes to establish a general 
anchorage for tugs and barges near Cap Sante and Hat Island. These 
general anchorages would serve primarily as holding areas for tugs and 
oil barges awaiting pier space at nearby refineries or while waiting to 
conduct bunkering, lightering or other transfer operations. The 
following are descriptions of these areas. The Cap Sante Tug and Barge 
General Anchorage includes all waters enclosed by a line connecting the 
following points: 48[deg]31'16'' N, 122[deg]36'00'' W, which is 
approximately the northeast tip of Cap Sante; then southeast to 
48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to 
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap 
Sante; then north along the shoreline to the point of origin. [Datum: 
NAD 1983]. The Hat Island Tug and Barge General Anchorage includes all 
waters enclosed by a line connecting the following points: 
48[deg]31'19'' N, 122[deg]33'04'' W, near the west side of Hat Island; 
then southwest to 48[deg]30'37'' N, 122[deg]33'38'' W; then east to 
48[deg]30'37'' N, 122[deg]32'00'' W; then northwest to the point of 
origin. [Datum: NAD 1983].
    Tugs and barges in the Cap Sante and Hat Island General Anchorages 
are required to ensure their vessels and barges do not project beyond 
the anchorage areas' boundaries. The tug must be manned, remain in 
attendance with the barge and maintain a communications guard with VTS 
on an appropriate VTS VHF radio working frequency, which is currently 
channel 5A. These designated anchorage areas would assist in keeping 
the approaches to Guemes Channel open to transitioning traffic while 
providing ample room for barge operations.
    In order to accommodate changes to the regulations found in 
paragraph (b) of this section that are necessary as a result of this 
proposed rule, the Coast Guard proposes splitting the current paragraph 
(b)(1) into 6 smaller paragraphs which incorporate changes that are 
required by this proposed rule. The Coast Guard proposes amending 33 
CFR 110.230(b)(1) by including the COTP's designation of Vessel Traffic 
Service Puget Sound designation as an authorized representative. Vessel 
Traffic Service Puget Sound has been previously designated by the COTP 
as his authorized representative for managing the use of the general 
anchorages established in 33 CFR 110.230 and for obtaining permission 
to use these general anchorages. However, this designation was never 
incorporated into the existing regulations. Likewise, under 33 CFR 
160.5(d), the Commanding Officer of Vessel Traffic Service Puget Sound 
is delegated authority under 33 CFR 1.01-30 to discharge the duties of 
the Captain of the Port that involve anchorage of vessels with in a 
Vessel Traffic Service area including the management of vessel

[[Page 9894]]

traffic within anchorages. Furthermore, to allow time for a request to 
use a general anchorage to be considered, all vessels should seek 
permission to use a general anchorage at least 48 hours prior to their 
arrival at the anchorage area. Splitting the current paragraph (b)(1) 
also makes the numerous requirements previously contained in paragraph 
(b)(1) easier to read and understand. Paragraphs (b)(2) through (b)(9) 
would be redesignated as paragraphs (b)(7)-(b)(14) and are unchanged.

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 the regulatory policies 
and procedures of DHS is unnecessary.

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 rule will affect the following entities, 
some of which may be small entities: The owners or operators of vessels 
intending to transit this portion of Puget Sound, The Strait of Juan de 
Fuca, and adjoining waters. Because the impacts of this proposal are 
expected to be minimal, the Coast Guard certifies under 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 
will not have significant economic impact on a substantial number of 
small entities.
    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 (Public Law 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 Mr. Alger from the FOR FURTHER 
INFORMATION CONTACT section. 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

    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 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 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 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. 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

[[Page 9895]]

not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(f), of the 
Instruction, from further environmental documentation because this 
proposed rule would establish anchorage grounds.
    A preliminary ``Environmental Analysis Check List'' is 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 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.  110.230 add new paragraphs (a)(15), (16), and (17), 
redesignate paragraphs (b)(1) through (b)(9) as (b)(7) through (b)(15), 
respectively, and add new paragraphs (b)(1) through (6) to read as 
follows:


Sec.  110.230  Puget Sound Area, Wash.

    (a) * * *
    (15) Anacortes General Anchorages.
    (i) Anacortes East (ANE) Anchorage Area. The waters within a 
circular area with a radius of 600 yards, having its center at 
48[deg]31'27'' N., 122[deg]33'45'' W. [Datum: NAD 1983].
    (ii) Anacortes Center (ANC) Anchorage Area. The waters within a 
circular area with a radius of 600 yards, having its center at 
48[deg]30'54'' N., 122[deg]34'06'' W. [Datum: NAD 1983].
    (iii) Anacortes West (ANW) Anchorage Area. The waters within a 
circular area with a radius of 600 yards, having its center at 
48[deg]31'09'' N., 122[deg]34'55'' W. [Datum: NAD 1983].
    (16) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48[deg]31'16'' N, 122[deg] 36'00'' W, 
which is approximately the northeast tip of Cap Sante; then southeast 
to 48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to 
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap 
Sante; then north along the shoreline to the point of origin. [Datum: 
NAD 1983].
    (17) Hat Island Tug and Barge General Anchorage. The Hat Island Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48[deg]31'19'' N, 122[deg]33'04'' W, 
near the west side of Hat Island; then southwest to 48[deg]30'37'' N, 
122[deg]33'38'' W; then east to 48[deg]30'37'' N, 122[deg]32'00'' W; 
then northwest to the point of origin. [Datum: NAD 1983].
    (b) The regulations.
    (1) No vessel shall anchor in any general anchorage described in 
paragraph (a) of this section without prior permission from the Captain 
of the Port (COTP), or his authorized representative. Vessel Traffic 
Service Puget Sound is designated as the COTP's authorized 
representative. All vessels should seek permission at least 48 hours 
prior to arrival at the anchorage area in order to avoid unnecessary 
delays.
    (i) Except for the Anacortes General Anchorages, a berth in a 
general anchorage, if available, may be assigned to any vessel by the 
Captain of the Port or his authorized representative upon application 
and he may grant revocable permits for the continuous use of the same 
berth. For the Anacortes General Anchorages, the following hierarchy 
will be applied for assignment of a berth: tankers conducting 
lightering operations, then loaded tankers, and then all other vessels.
    (ii) Tugs and oil barges using the Cap Sante and Hat Island General 
Anchorages are exempt from the requirement to obtain the COTP's 
permission.
    (2) Except for the Anacortes General Anchorages, no vessel shall 
occupy any general anchorage for a period longer than 30 days unless a 
permit is obtained from the Captain of the Port for that purpose. There 
is a 10 days maximum stay at the Anacortes East and Anacortes Center 
general anchorages, and 6 day maximum stay at the Anacortes West 
general anchorage.
    (3) The COTP or his authorized representative may require vessels 
to depart from the Anacortes General Anchorage before the expiration of 
the authorized or maximum stay. The COTP or his authorized 
representative will provide at least 24-hour notice to a vessel 
required to depart the Anacortes General Anchorage.
    (4) No vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to the navigation or anchorage 
of other vessels shall occupy any general anchorage except in an 
emergency and then only for such period as may be permitted by the 
Captain of the Port.
    (5) Within the Anacortes General Anchorages, lightering operations 
shall only be conducted in the Anacortes West and Anacortes Center 
anchorages.
    (6) Tugs and barges using the Cap Sante and Hat Island Barge 
General Anchorages are required to ensure their vessels and barges do 
not project beyond the holding area's boundaries. The tug must be 
manned, remain in attendance with the barge and maintain a 
communications guard with VTS on an appropriate VTS VHF radio working 
frequency, which is currently channel 5A.
* * * * *

    Dated: February 16, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-3918 Filed 2-28-05; 8:45 am]
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