[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16195-16201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6305]


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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: Supplemental notice of proposed rulemaking.

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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. This supplemental 
notice of proposed rulemaking (SNPRM) discusses changes made to 
Anchorages J, K, and, L since publication of the notice of proposed 
rulemaking (NPRM) in the Federal Register on September 27, 2004 (69 FR 
57656). The changes are explained in the section titled ``Discussion of 
Proposed Rule'' section of this document.

DATES: Comments must be received on or before April 29, 2005.

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.

Regulatory History

    On September 27, 2004 the Coast Guard published a NPRM in the 
Federal Register titled ``Anchorage Grounds, Hampton Roads, VA'' (69 FR 
57656). This SNPRM provides further opportunity for the public to 
comment on changes made to Anchorages J, K, and L.

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

[[Page 16196]]

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 the overall boundary of Anchorage K be changed 
so that the entire anchorage lies north of the Fairway for Shallow 
Draft Vessels and Tows.
    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 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  No change.
 (1).
B--Chesapeake Bay, Thimble     No change.
 Shoals Channel Naval
 Anchorage (CBTSC) [(2)(i)].
C--CBTSC Naval Anchorage       No change.
 [(2)(ii)].
D--CBTSC Navel Anchorage       No change.
 [(2)(iii)].
E--Commercial Explosive        No change.
 Anchorage [(2)(iv)].
E-1--Explosive Handling Berth  No change.
 [(2)(v)(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         New center positions created for Berths 3
 Explosives Anchorage           and 4, which would remove overlapping
 [(3)(ii)].                     circumferences.
G-1--Explosives Handling       No change.
 Berth [(3)(ii)(A)].
G-2--Explosives Handling       No change.
 Berth [(3)(ii)(B)].
G-3--Explosives Handling       A new center position would replace
 Berth [(3)(ii)(C)].            current center position to remove
                                overlapping circumferences with G-4.
G-4--Explosives Handling       A new center position would replace
 Berth [(3)(ii)(D)].            current center position to remove
                                overlapping circumferences with G-3.
H--Newport News Bar            No change.
 [(3)(iii)].
I--Newport News [(4)(i)].....  No change.
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.

[[Page 16197]]

 
J--Newport News Middle Ground  New boundary lines are proposed.
 [(4)(ii)].
K--Newport News Middle Ground  New boundary lines are proposed. Replace
 [(4)(iii)].                    boundary lines for K-1 and K-2 with
                                berth circumferences. We propose to
                                remove K-3.
K-1--East Anchorage            K-1 would have a 400 yard swing radius
 [(4)(iii)(A)].                 and be maintained at a depth of 45 ft.
                                Future plans include increasing the
                                swing radius to 500 yards.
K-2--West Anchorage            K-2 would have a 400 yard swing radius
 [(4)(iii)(B)].                 and be maintained at a depth of 45 ft.
                                Future plans include increasing the
                                depth to 45 ft.
K-3--Quarantine Berth          We propose to remove K-3 and establish a
 [(4)(iii)(C)].                 new quarantine anchorage adjacent to
                                Cape Charles, east of York Spit Channel.
L--Craney Island Flats         New boundary lines are proposed.
 [(4)(iv)].
M--Norfolk Harbor Channel      Old Anchorage M would be eliminated.
 Anchorages, (NHCA) [(5)(i)].
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 eliminated.
 (ERA) [(6)(ii)].
R--ERA, Port Norfolk           Current Anchorage R would be redesignated
 [(6)(iii)].                    Anchorage M.
S--ERA, Port Norfolk           We would eliminate Anchorage S.
 [(6)(iv)].
T--ERA, Hospital Point         We would rename Anchorage T Anchorage N.
 [(6)(v)].
U--The Hague [(7)]...........  We would discontinue the use of the
                                Anchorage U designation. Current
                                Anchorage U would be redesignated
                                Anchorage O.
Q--Quarantine Anchorage......  We propose to establish a new quarantine
                                anchorage adjacent to Cape Charles east
                                of York Spit Channel.
------------------------------------------------------------------------

Discussion of Comments and Changes

    Based on a comment received via telephone from NOAA's Nautical Data 
Branch in Baltimore, the second coordinate in Anchorage N, Hospital 
Point, listed as 36[deg]51'05.4'' N 76[deg]18' 22.4'' W, has been moved 
to the final position in the listing of new Anchorage N coordinates 
putting the positions in their intended sequence. Also noted by NOAA, 
the center coordinate for Berth Q-2 was inadvertently excluded from the 
NPRM when published in the Federal Register. The center coordinate for 
Berth Q-2 has been added.
    The letter P, included in error in the final paragraph of the NPRM, 
has been changed to Q denoting the designation of the new Quarantine 
Anchorage.
    The boundary lines for Anchorages J, K, and L have been changed to 
exclude vessels from anchoring in the Fairway For Shallow Draft Vessels 
and Tows.

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. No changes are 
proposed for Anchorage H.
    A new center position has been calculated for Berth I-2 placing 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.
    Since publication of the NPRM the boundary of Anchorage J has been 
changed excluding the portion north of the Fairway For Shallow Draft 
Vessels and Tows and now lies entirely south of that channel. The 
boundary for Anchorage K has changed after giving up Anchorage K Lower 
to Anchorage J and absorbing the section of Anchorage J north of the 
Fairway For Shallow Draft Vessels and Tows. 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. The coordinates for 
Anchorage L now all reside south of the Fairway For Shallow Draft 
Vessels and Tows excluding vessels from anchoring in that channel.
    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, 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. The proposed rule

[[Page 16198]]

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 (Pub. L. 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 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 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.


[[Page 16199]]


    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.
 

    (v) 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.
 

    (ii) 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.
 

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


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.
 

    (iv) 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.
 

    (v) 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.
 

    (vi) 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.
 

    (vii) 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.
 

    (viii) 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.
 


    (ii) 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.
 


    (iii) 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.
 


    (iv) Anchorage J, 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]57'10.2'' N.                  76[deg]24'09.9'' W.
36[deg]57'12.0'' N.                  76[deg]23'47.3'' 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 K, 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]20'22.5'' 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]57'14.1'' N.                  76[deg]23'29.1'' W.
36[deg]57'28.1'' N.                  76[deg]21'11.7'' W.
 


    (vi) 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.
 


    (vii) 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.
 



[[Page 16200]]

    (viii) Anchorage Berth L, Craney Island Flats. 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]56'38.5'' N.                  76[deg]20'45.5'' W.
36[deg]56'30.0'' N.                  76[deg]20'24.3'' W.
36[deg]56'04.2'' N.                  76[deg]20'26.2'' 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.
    (6) 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.
 


    (i) 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]0608.9'' W.
 


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


Latitude                             Longitude
37[deg]16' 33.0'' N.                 76[deg]05'51.1'' W.
 


    (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 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

[[Page 16201]]

(d)(3) 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 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 
Station 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 shall 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) Any non-self-propelled vessel using Anchorage Q must 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: March 14, 2005.
Sally Brice O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-6305 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-15-P