[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Rules and Regulations]
[Pages 17898-17901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD05-03-036]
RIN 1625-AA01


Anchorage Grounds; Baltimore Harbor Anchorage Project

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the geographic coordinates and 
modifying the regulated use of the anchorages in Baltimore Harbor, MD. 
This amendment is necessary to ensure changes in depth and dimension to 
the Baltimore Harbor anchorages resulting from an Army Corps of 
Engineers anchorage-deepening project are reflected in the Federal 
regulations and on National Oceanic and Atmospheric Association charts. 
The modifications to the regulated uses of the anchorages accommodate 
changes to ships' drafts and lengths since the last revision of this 
regulation in 1968 and standardize the anchorage regulations throughout 
the Fifth Coast Guard District.

DATES: This rule is effective May 9, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-03-036 and are available for inspection or 
copying at Commander, Fifth Coast Guard District (oan), 431 Crawford 
Street, Portsmouth, VA, 23704-5004 between 9 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Timothy 
Martin, Fifth Coast Guard District Aids to Navigation and Waterways 
Management Branch, (757) 398-6285.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 2, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Baltimore Harbor Anchorage Project in the Federal 
Register (68 FR 39503). We received one phone call commenting on the 
NPRM. No public hearing was requested, and none was held.
    On January 14, 2004 we published a supplemental notice of proposed 
rulemaking (SNPRM) also entitled Baltimore Harbor Anchorage Project in 
the Federal Register (69 FR 2095) to solicit for comments on updates 
made to Anchorage 2. No public hearing was requested, and none was 
held.
    On October 12, 2004 we published a supplemental notice of proposed 
rulemaking (SNPRM) again entitled Baltimore Harbor Anchorage Project in 
the Federal Register (69 FR 60592) to better align the anchorages with 
the Federal navigation project. No comments were received on the SNPRM. 
No public hearing was requested, none was held.

Background and Purpose

    The U.S. Army Corps of Engineers received Congressional 
authorization for the Baltimore Harbor Anchorage project in September 
2001. Dredging for the Baltimore Harbor Anchorage was completed in May 
2003. The objective of this project was to increase the project depths 
of Anchorage No. 3 and No. 4 to 42ft and 35ft respectively.
    The original Federal anchorage project for Baltimore Harbor was 
designed to accommodate cargo ships with maximum drafts of 33ft and 
lengths of 550ft. The dimensions of the anchorages changed to 
accommodate the larger ships that call on the Port that routinely 
approach 1000ft length overall with drafts of 36 to 38 feet or more. 
The new coordinates established for Anchorage Nos. 2, 3, and 4, also 
accommodate the widening of the Dundalk West Channel, a north/south 
Federal navigation project located between Anchorage No. 3 and 
Anchorage No. 4 and widening of the Dundalk East Channel bordering 
Anchorage No. 4. Anchorage No. 3 was divided into two sections: 
Anchorage 3 Lower (2200' x 2200' x 42ft mean lower low water (MLLW)) 
and Anchorage 3 Upper (1800' x 1800' x 42ft MLLW). Anchorage No. 4 was 
also modified (1850' x 1800' x 35ft MLLW).

Discussion of Comments and Changes

    One comment was received regarding the new coordinates of the 
anchorages in response to the NPRM (68 FR 39503). Three changes where 
made based on that comment. The longitude for the fourth coordinate in 
Anchorage 3 Upper listed as 76[deg] 33'53.6'' W was changed to 76[deg] 
32' 53.6'' W. In Anchorage 2, the sixth position incorrectly listed as 
39[deg] 14'43.7'' N, 76[deg] 2'63.6'' W was changed to 39[deg]14'43.7'' 
N, 76[deg] 32'53.6'' W. Also in Anchorage 2, the second coordinate 
listed as 39[deg] 14'43.9'' N, 76[deg] 32'27.0'' W was excluded.
    Two changes were made to the two northwestern coordinates in 
Anchorage 2 after the comment period for the NPRM had expired. 
Therefore, we issued a SNPRM to solicit comments. No comments were 
received.
    Minor changes were made to the geographic points making up 
Anchorages 1, 2, 5, 6 and 7 to aid in the graphical representations of 
those anchorages and better align them with the Federal navigation 
project. One decimal place was added to all coordinates to better 
define the anchorage boundaries. Therefore, we published a second SNPRM 
to solicit comments on the changes. No comments were received.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 17899]]

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).
    The deepening of Anchorage No. 3 and Anchorage No. 4 within the 
Port of Baltimore accommodates deep draft vessels waiting for an open 
berth. The Coast Guard does not expect that these new regulations will 
adversely impact maritime commerce.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
might be small entities: the owners or operators of vessels used for 
chartering, taxi, ferry services, or any other marine traffic that 
transit this area of Fort McHenry Channel in Baltimore Harbor. Changes 
to Anchorage No. 3 and Anchorage No. 4 may change the vessel routing 
through this area of the harbor. Deepening the anchorages and changing 
the coordinates for the anchorages will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Vessel traffic can pass safely around the new anchorage areas. 
The new coordinates for the anchorages are a change in dimension, the 
size of which will remain proportional to its current size, and their 
location will not interfere with commercial traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss possible effects of this rule in the section titled Small 
Entities in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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

[[Page 17900]]

Instruction, from further environmental documentation. This rule 
changes the size of Anchorage No. 2, Anchorage No. 3 and Anchorage No. 
4 and modifies the regulated uses of these anchorages.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
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.


0
2. In Sec.  110.158 revise paragraphs (a) and (b) and add paragraph (c) 
and (d) to read as follows:


Sec.  110.158  Baltimore Harbor, MD.

    North American Datum 1983.
    (a) Anchorage Grounds.
    (1) Anchorage No. 1, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]15'13.51'' N                  76[deg]34'07.76'' W
39[deg]15'11.01'' N                  76[deg]34'11.69'' W
39[deg]14'52.98'' N                  76[deg]33'52.67'' W
39[deg]14''47.90'' N                 76[deg]33'40.73'' W
 


    (ii) No vessel shall remain in this anchorage for more than 12 
hours without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14'46.23'' N                  76[deg]33'25.82'' W
39[deg]14'56.96'' N                  76[deg]33'37.15'' W
39[deg]15'08.55'' N                  76[deg]33'37.65'' W
39[deg]15'19.28'' N                  76[deg]33'24.49'' W
39[deg]15'19.33'' N                  76[deg]33'14.32'' W
39[deg]15'14.19'' N                  76[deg]32'57.76'' W
39[deg]15'06.87'' N                  76[deg]32'45.48'' W
39[deg]14'41.37'' N                  76[deg]32'27.38' W
39[deg]14'30.93'' N                  76[deg]32'33.52'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'43.76'' N                  76[deg]32'53.62'' W
39[deg]14'57.51'' N                  76[deg]33'08.13'' W
 


    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (3) Anchorage No. 3, Upper, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.23'' N                  76[deg]33'25.82'' W
39[deg]14'57.51'' N                  76[deg]33'08.13'' W
39[deg]14'43.76'' N                  76[deg]32'53.62'' W
 


    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (4) Anchorage No. 3, Lower, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'30.93'' N                  76[deg]32'33.52'' W
39[deg]14'24.40'' N                  76[deg]32'39.87'' W
39[deg]14'15.66'' N                  76[deg]32'53.58'' W
 


    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (5) Anchorage No. 4, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13'52.91'' N                  76[deg]32'29.60'' W
39[deg]14'05.91'' N                  76[deg]32'43.30'' W
39[deg]14'07.30'' N                  76[deg]32'43.12'' W
39[deg]14'17.96'' N                  76[deg]32'26.41'' W
39[deg]14'05.32'' N                  76[deg]32'13.09'' W
39[deg]14'00.46'' N                  76[deg]32'17.77'' W
 


    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (6) Anchorage No. 5, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]14'07.89'' N                  76[deg]32'58.23'' W
39[deg]13'34.82'' N                  76[deg]32'23.66'' W
39[deg]13'22.25'' N                  76[deg]32'28.90'' W
39[deg]13'21.20'' N                  76[deg]33'11.94'' W
 


    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (7) Anchorage No. 6, general anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13'42.98'' N                  76[deg]32'19.11'' W
39[deg]13'20.65'' N                  76[deg]31'55.58'' W
39[deg]13'34.00'' N                  76[deg]31'33.50'' W
39[deg]14'01.95'' N                  76[deg]32'02.65'' W
39[deg]13'51.01'' N                  76[deg]32'18.71'' W
 


    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (8) Anchorage No. 7, Dead ship anchorage.
    (i) The waters bounded by a line connecting the following points:


Latitude                             Longitude
 
39[deg]13'00.40'' N                  76[deg]34'10.40'' W
39[deg]13'13.40'' N                  76[deg]34'10.81'' W
39[deg]13'13.96'' N                  76[deg]34'05.02'' W
39[deg]13'14.83'' N                  76[deg]33'29.80'' W
39[deg]13'00.40'' N                  76[deg]33'29.90'' W
 


    (ii) The primary use of this anchorage is to lay up dead ships. 
Such use has priority over other uses. Permission from the Captain of 
the Port must be obtained prior to the use of this anchorage for more 
than 72 hours.
    (b) Definitions. As used in this section: Class 1 (explosive) 
materials means Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined 
in 49 CFR 173.50. Dangerous cargo means certain dangerous cargo as 
defined in Sec. 160.203 of this title.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and all vessels carrying 
or handling dangerous cargo or Class 1 (explosive) materials while 
anchored in an anchorage ground described in this section.
    (2) Except in cases where unforeseen circumstances create 
conditions of imminent peril, or with the permission of the Captain of 
the Port, no vessel shall be anchored in Baltimore Harbor and Patapsco 
River outside of the anchorage areas established in this section for 
more than 24 hours. No vessel shall anchor within a tunnel, cable or 
pipeline area shown on a government chart. No vessel shall be moored, 
anchored, or tied up to any pier, wharf, or other vessel in such manner 
as to extend into established channel limits. No vessel shall be 
positioned so as to obstruct or endanger the passage of any other 
vessel.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or the anchoring 
of other vessels may not occupy an anchorage, unless the vessel obtains 
a permit from the Captain of the Port.
    (4) The Captain of the Port may grant a revocable permit to a 
vessel for a habitual use of an anchorage. Only the vessel that holds 
the revocable permit may use the anchorage during the period that the 
permit is in effect.
    (5) Upon notification by the Captain of the Port to shift its 
position, a vessel

[[Page 17901]]

at anchor shall get underway and shall move to its new designated 
position within 2 hours after notification.
    (6) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, 
scope of chain, readiness of engineering plant and equipment, usage of 
tugs, and requirements for maintaining communication guards on selected 
radio frequencies.
    (7) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to or from another vessel unless the vessel has given the 
Captain of the Port the four hours advance notice required by Sec.  
156.118 of this chapter.
    (8) No vessel shall anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without prior approval of 
the Captain of the Port.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. (1) This paragraph (d) applies to 
every vessel, except a U.S. naval vessel, handling or carrying 
dangerous cargoes or Class 1 (explosive) materials.
    (2) The Captain of the Port may require every person having 
business aboard a vessel handling or carrying dangerous cargoes or 
Class 1 (explosive) materials while in an anchorage, other than a 
member of the crew, to hold a form of identification prescribed in the 
vessel's security plan.
    (3) Each person having business aboard a vessel handling or 
carrying dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, shall present the 
identification prescribed by paragraph (d)(2) of this section to any 
Coast Guard Boarding Officer who requests it.
    (4) 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.
    (5) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a bravo flag 
in a prominent location and by night a fixed red light.

    Dated: March 25, 2005.
Ben Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-6956 Filed 4-7-05; 8:45 am]
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