[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32231-32233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10898]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD13-05-001]
RIN 1625-AA01


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective on July 5, 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 public docket [CGD13-05-001] and are available for 
inspection or copying at Sector Seattle between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG J. L. Hagen, Sector Seattle, 1519 
Alaskan Way South, Seattle, WA 98134, (206) 217-6231.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 1, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Anacortes General Anchorage and Cap Sante and Hat 
Island Tug and Barge General Anchorages, Anacortes, WA in the Federal 
Register (70 FR 9892). We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

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

Discussion of Comments and Changes

    No comments were received by the Coast Guard as a result of our 
request for comments in our NPRM. However, since publication of our 
NPRM the Coast Guard has stood-up Sector Seattle. Sector Seattle is an 
internal reorganization that combines Group Seattle, Vessel Traffic 
Service Puget Sound and Marine Safety Office Puget Sound into a single 
command. The Coast Guard has established a continuity of operations 
whereby all previous practices and procedures will remain in effect 
until superseded by an authorized Coast Guard official or document. 
Effective May 10, 2005, all existing missions and functions performed 
by Group Seattle, Vessel

[[Page 32232]]

Traffic Service Puget Sound and Marine Safety Office Puget Sound are 
being performed by Sector Seattle. Group Seattle, Vessel Traffic 
Service Puget Sound and Marine Safety Office Puget Sound will no longer 
exist as organizational entities. The Sector Seattle Commander is also 
designated as the COTP for the Puget Sound COTP zone. Accordingly, we 
have made changes to this final rule to reflect the organization 
changes made by the stand-up of Sector Seattle. For additional 
information on Sector Seattle see our Notice of Organizational Change, 
docket number CGD13-05-012 published in the Federal Register on May 17, 
2005 (70 FR 28312).

Regulatory Evaluation

    This final 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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule will affect the following entities, 
some of which may be small entities: the owners or operators of vessels 
intending to transit this portion of Puget Sound, The Strait of Juan de 
Fuca, and adjoining waters. Because the impacts are expected to be 
minimal, the Coast Guard certifies under 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have significant economic impact on a substantial number of small 
entities.

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

Civil Justice Reform

    This final 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 final 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 final 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 final 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 final rule does not use technical standards. Therefore, we did 
not consider the use of voluntary consensus standards.

[[Page 32233]]

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 because this final rule establishes 
anchorage grounds.
    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, 2071, 
33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 
0170.1.


0
2. In Sec.  110.230 add new paragraphs (a)(15), (16), and (17), 
redesignate paragraphs (b)(1) through (b)(9) as (b)(7) through (b)(15), 
respectively, and add new paragraphs (b)(1) through (b)(6) to read as 
follows:


Sec.  110.230  Puget Sound Area, WA

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

    Dated: May 13, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-10898 Filed 6-1-05; 8:45 am]
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