[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29953-29958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10364]



[[Page 29953]]

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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: Final rule.

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

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

DATES: This rule is effective June 24, 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 the docket CGD05-04-043 and are available for inspection or 
copying at Commander (oan), Fifth Coast Guard District, 431 Crawford 
Street, Room 401, Portsmouth, VA 23704-5004 between 9 a.m. and 3 p.m., 
Monday through Friday, except public holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 27, 2004 we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Grounds, Hampton Roads, VA'' in the Federal 
Register (69 FR 57656). We received one telephone call commenting on 
the proposed rule. No public meeting was requested, and none was held.
    On March 30, 2005 we published a supplemental notice of proposed 
rulemaking (SNPRM) entitled ``Anchorage Grounds Hampton Roads, VA'' in 
the Federal Register (70 FR 16195). We received no comments on the 
SNPRM. No public meeting was requested, and none was held.

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 rule changes 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 project 
depth of Anchorage F to 55 feet, 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 for construction once 
the increase in vessel 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 this rule is published.
    The overall boundary of Anchorage K has been changed so that the 
entire anchorage lies north of the Fairway for Shallow Draft Vessels 
and Tows.
    A new quarantine anchorage, new Anchorage Q, replaces Berth K-3, 
which is currently not maintained by the USACE. The new quarantine 
anchorage is located east of York Spit Channel between Chesapeake 
Channel Lighted Buoy 36 (LL 7215) and Chesapeake Channel Lighted Buoy 
38 (LL 7230), west of Cape Charles. The new anchorage is located in 
naturally deep water with charted depths in excess of 60 feet and has 
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. Hyuandai Heavy Industries is 
currently building ships with 10,000 TEU capacities for delivery to 
Cosco. 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, construction of the Norfolk International Terminal North 
(NIT North) approach channel, which passes through the existing 
Anchorage M, has rendered that anchorage unusable. This rule 
discontinues Anchorage M.
    To further enhance the safety of the port's anchorages, this rule 
amends 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 rule separates the berths, eliminating the 
risk of collision as a result of overlapping swing circles.
    The rule renames existing Anchorage R as Anchorage M, renames 
existing Anchorage T as Anchorage N, renames existing Anchorage U, The 
Hague, as Anchorage O, The Hague. The rule eliminates existing 
Anchorages Q and S. The changes are listed in the following table:

[[Page 29954]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
Current Anchorage [33 CFR 110.168 (a)].  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 Navel Anchorage [(2)(iii)]....  No change.
E--Commercial Explosive Anchorage        No change.
 [(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 will replace two 400
                                          yard swing radius berths.
                                          Single berth dredged to a
                                          depth of 50 feet in 1998,
                                          authorized depth 55 feet. New
                                          regulations included in part
                                          [(e)(3)] exclude 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 refers to 500 yard
                                          berth.
F-2--[(3)(i)(B)].......................  Discontinued.
G--Hampton Flats Naval Explosives        New center positions created
 Anchorage [(3)(ii)].                     for Berths 3 and 4, removing
                                          overlapping circumferences.
G-1--Explosives Handling Berth           No change.
 [(3)(ii)(A)].
G-2--Explosives Handling Berth           No change.
 [(3)(ii)(B)].
G-3--Explosives Handling Berth           A new center position replaces
 [(3)(ii)(C)].                            current center position
                                          removing overlapping
                                          circumferences with G-4.
G-4--Explosives Handling Berth           A new center position replaces
 [(3)(ii)(D)].                            current center position
                                          removing overlapping
                                          circumferences with G-3.
H--Newport News Bar [(3)(iii)].........  No change.
I--Newport News [(4)(i)]...............  No change to overall anchorage
                                          boundaries.
I-1--[(4)(i)(A)].......................  No change.
I-2--[(4)(i)(B)].......................  A new center position replaces
                                          current center position to
                                          remove ambiguous boundary
                                          lines.
J--Newport News Middle Ground [(4)(ii)]  New boundary lines.
K--Newport News Middle Ground            New boundary lines. Replace
 [(4)(iii)].                              boundary lines for K-1 and K-2
                                          with berth circumferences.
                                          Discontinue K-3.
K-1--East Anchorage [(4)(iii)(A)]......  K-1 will 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 will have a 400 yard swing
                                          radius and be maintained at a
                                          depth of 45 ft. Future plans
                                          include increasing the depth
                                          to 45 ft.
K-3--Quarantine Berth [(4)(iii)(C)]....  Discontinued. New quarantine
                                          anchorage established adjacent
                                          to Cape Charles, east of York
                                          spit Channel.
L--Craney Island Flats [(4)(iv)].......  New boundary lines.
M--Norfolk Harbor Channel Anchorages     Old Anchorage M is eliminated.
 (NHCA) [(5)(i)].
N--NHCA [(5)(ii)]......................  Old Anchorage N is eliminated.
O--NHCA [(5)(iii)].....................  Old Anchorage O is eliminated.
P--Lambert's Point [(6)(i)]............  Anchorage P has been
                                          eliminated.
Q--Elizabeth River Anchorage (ERA)       Anchorage Q has been
 [(6)(ii)].                               eliminated.
R--ERA, Port Norfolk [(6)(iii)]........  Current Anchorage R is
                                          redesignated Anchorage M.
S--ERA, Port Norfolk [(6)(iv)].........  Anchorage S has been
                                          eliminated.
T--ERA, Hospital Point [(6)(v)]........  Current Anchorage T is
                                          redisignated Anchorage N.
U--The Hague [(7)].....................  Current Anchorage U is
                                          redisignated Anchorage O.
Q--Quarantine Anchorage................   New quarantine anchorage
                                          established adjacent to Cape
                                          Charles east of York Spit
                                          Channel.
------------------------------------------------------------------------

Discussion of Comments and Changes

    One comment was received via telephone from NOAA's Nautical Data 
Branch in Silver Spring, MD in response to the NPRM. The first two 
positions in Anchorage N, Hospital Point have been interchanged 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 will be included in the final rule. The word ``permission'' 
has replaced the word ``permit'' in paragraph (c)(2), (d)(2), (e)(2), 
and, (e)(2)(iii) to align the regulation with current Coast Guard 
procedures.

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. The 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 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.

[[Page 29955]]

    The rule will affect the owners or operators of small pleasure 
craft wishing to anchor in the Elizabeth River anchorages that will be 
discontinued due to shallow natural water depths. Anchorages available 
for use by owners and operators of small pleasure craft include 
Hospital Point Anchorage, new Anchorage M in the vicinity of Portsmouth 
Marine Terminal, and The Hague.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
affects on them and participate in the rulemaking process.

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 the effects of this rule elsewhere 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 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 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 Instruction, from further 
environmental documentation. The rule deals directly with establishing, 
disestablishing and renaming anchorage areas.
    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 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. Revise Sec.  110.168 to read as follows:


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

[[Page 29956]]

 
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
 

    (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:

[[Page 29957]]



 
              Latitude                            Longitude
 
36[deg]51'05.4'' N                   76[deg]18'22.4'' W
36[deg]50'50.0'' N                   76[deg]18'00.0'' 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]06'08.9'' 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 permission 
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 permission 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 have permission 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 
identification prescribed by paragraph (d)(3) of this section to any 
Coast Guard boarding officer who requests it.
    (5) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (6) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a 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

[[Page 29958]]

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 
permission from 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 permission 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. Vessels not needing examination may use Anchorage Q at any 
time.
    (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: May 6, 2005.
L.J. Bowling,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-10364 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-15-P