[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10440-10443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4113]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD05-06-064]
RIN 1625-AA01


Anchorage Grounds, Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes updating the coordinates of the 
boundaries of the anchorages listed below from the former North 
American Datum 1927 (NAD 27) standard to the current North American 
Datum 1983 (NAD 83) standard. These changes will not affect the 
locations or size of the anchorages on the NOAA charts as published by 
NOAA. The proposed change simply updates the anchorage positions in 33 
CFR part 110 to match the current datum in use on the applicable 
charts, which are NAD 83.

DATES: Comments and related material must reach the Coast Guard on or 
before April 9, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpw), Fifth Coast Guard District, 431 Crawford Street, Room 100, 
Portsmouth, VA 23704-5004. The telephone number is (757) 398-6360. You 
may e-mail your comments to [email protected]. Commander (dpw), 
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 (dpw) between 9 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Albert Grimes, Fifth Coast Guard 
District Prevention and Waterways, (757) 398-6360, e-mail: 
[email protected].

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 (CGD05-06-
064), 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 if 
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 address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    On May 25, 2005, the Coast Guard published a final rule (70 FR 
29953) that provided changes and improvements to many of the anchorages 
in the Hampton

[[Page 10441]]

Roads area. Coordinates for anchorages changed or improved as part of 
this final rule were also updated from their former NAD 27 position to 
a new NAD 83 position. Anchorages discussed in this NPRM were listed as 
``No Change,'' while in another section of the final rule the reader 
was led to believe that the positions of these ``No Change'' anchorages 
had also been changed from NAD 27 to NAD 83. However, they are in fact 
still listed in 33 CFR part 110.168 as NAD 27 positions. This proposed 
rule will ensure that all of the Hampton Roads Anchorages listed in 33 
CFR part 110.168 are NAD 83 positions.

Discussion of Proposed Rule

    The anchorages that will be updated to NAD 83 datum are on the 
following table:

------------------------------------------------------------------------
     Current Anchorage [33 CFR
            110.168(a)]
------------------------------------------------------------------------
A--Cape Henry Naval Anchorage (1)..  Change to NAD 83.
B--Chesapeake Bay, Thimble Shoals    Change to NAD 83.
 Channel Naval Anchorage (CBTSC
 [(2)(i)].
C--CBTSC Naval Anchorage Naval       Change to NAD 83.
 [(2)(ii)].
D--CBTSC Naval Anchorage [(2)(iii)]  Change to NAD 83.
E--Commercial Explosive Anchorage    Change to NAD 83.
 [(2)(iv)].
E-1--Explosives Handling Berth       Change to NAD 83.
 [(2)(v)(A)].
F--Hampton Bar [(3)(i)]............  Change to NAD 83.
F-1--[(3)(i)(A)]...................  Change to NAD 83.
G-1--Explosives Handling Berth       Change to NAD 83.
 [(3)(ii)(A)].
G-2--Explosives Handling Berth       Change to NAD 83.
 [(3)(ii)(B)].
H--Newport News Bar [(3)(iii)].....  Change to NAD 83.
I--Newport News [(4)(i)]...........  Change to NAD 83.
I-1--Newport News [(4)(i)(A)]......  Change to NAD 83.
------------------------------------------------------------------------

    This proposed rule is necessary to ensure all anchorages positions 
listed under 33 CFR 110.168 reflect that they are based on NAD 83 
datum.

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.
    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 effect of this proposed 
action merely modifies the datum of the geographic positions that 
define the boundaries of the existing anchorages.

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 changes only make the boundary 
points of the anchorages referenced herein consistent with the current 
applicable NOAA navigation charts.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to

[[Page 10442]]

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 rule under Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(i) of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph 34(i) of the Instruction, an ``Environmental Analysis 
Check List'' is not required for this rule. Comments on this section 
will be considered before we make a final decision on whether this rule 
should be categorically excluded from further environmental review.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble the Coast Guard proposes 
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority for part 110 is revised 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. Amend Sec.  110.168 to revise paragraphs (a)(1), (a)(2), 
(a)(3)(i), (a)(3)(ii), (a)(3)(iv), (a)(3)(v), (a)(3)(viii), (a)(4) (i), 
and (a)(4)(ii), 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]55'36.2'' N                   76[deg]02'46.3'' W
36[deg]57'03.3'' N                   76[deg]03'01.4'' W
36[deg]56'45.5'' N                   76[deg]01'28.8'' W
36[deg]55'55.7'' N                   76[deg]01'35.7'' 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]57'58.5'' N                   76[deg]06'05.8'' W
36[deg]57'11.5'' N                   76[deg]03'00.9'' W
36[deg]55'49.3'' N                   76[deg]03'12.8'' W
36[deg]56'32.3'' N                   76[deg]06'05.8'' W
36[deg]57'04.5'' N                   76[deg]06'05.8'' W
36[deg]57'09.0'' N                   76[deg]06'23.3'' W
 

    (ii) Anchorage C [Naval Anchorage]. The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
 
36[deg]58'55.3'' N                   76[deg]09'40.3'' W
36[deg]58'19.3'' N                   76[deg]07'16.8'' W
36[deg]57'27.5'' N                   76[deg]07'36.3'' W
36[deg]58'04.5'' N                   76[deg]09'58.8'' W
 

    (iii) Anchorage D [Naval Anchorage]. The waters bounded by the 
shoreline and a line connecting the following points:

Latitude                             Longitude
 
36[deg]55'49.5'' N                   76[deg]10'31.6'' W
36[deg]58'04.5'' N                   76[deg]10'00.9'' W
36[deg]57'31.7'' N                   76[deg]07'53.6'' W
36[deg]55'24.6'' N                   76[deg]08'27.6'' W
 

    (iv) Anchorage E [Commercial Explosives Anchorage]. The waters 
bounded by a line connecting the following points:

Latitude                             Longitude
 
36[deg]59'59.2'' N                   76[deg]13'45.8'' W
36[deg]59'08.7'' N                   76[deg]10'32.6'' W
36[deg]58'13.5'' N                   76[deg]10'50.6'' W
36[deg]59'02.5'' N                   76[deg]14'04.9'' W
 

    (v) Explosives Handling Berth E-1 [Explosives Anchorage Berth]. The 
waters bounded by the arc of a circle with a radius of 500 yards and 
the center located at:

Latitude                             Longitude
 
36[deg]59'05.5'' N                   76[deg]11'21.8'' W
 

    (3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The 
waters bounded by a line connecting the following points:

Latitude                             Longitude
 
36[deg]59'52.1'' N                   76[deg]19'10.8'' W
36[deg]59'25.7'' N                   76[deg]18'47.3'' W
36[deg]58'49.6'' N                   76[deg]19'32.6'' W
36[deg]59'25.5'' N                   76[deg]20'05.8'' W
 

    (ii) Anchorage Berth F-1. The waters bounded by the arc of a circle 
with a radius of 500 yards and the center located at:

Latitude                             Longitude
 
36[deg]59'29.6'' N                   76[deg]19'13.9'' W
 

* * * * *
    (iv) Explosives Handling Berth G-1. The waters bounded by the arc 
of a circle with a radius of 500 yards and the center located at:

Latitude                             Longitude
 
36[deg]57'50.5'' N                   76[deg]21'35.8'' W
 

    (v) Explosives Handling Berth G-2. The waters bounded by the arc of 
a circle with a radius of 500 yards and the center located at:

Latitude                             Longitude
 
36[deg]58'14.5'' N                   76[deg]21'00.3'' W
 

* * * * *
    (viii) Anchorage H, Newport News Bar. The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
 
36[deg]57'38.8'' N                   76[deg]24'18.5'' W
36[deg]57'52.3'' N                   76[deg]22'29.7'' W
36[deg]58'07.4'' N                   76[deg]22'01.8'' W
36[deg]57'31.6'' N                   76[deg]22'00.6'' W
36[deg]57'18.7'' N                   76[deg]24'10.1'' W
 


[[Page 10443]]

    (4) James River Anchorages. (i) Anchorage I, Newport News. The 
waters bounded by a line connecting the following points:

Latitude                             Longitude
 
36[deg]57'07.2'' N                   76[deg]24'43.1'' W
36[deg]56'23.1'' N                   76[deg]24'26.8'' W
36[deg]57'54.2'' N                   76[deg]26'40.3'' W
36[deg]56'03.5'' N                   76[deg]24'35.8'' W
36[deg]58'23.5'' N                   76[deg]27'09.8'' W
36[deg]58'49.0'' N                   76[deg]27'09.8'' W
36[deg]58'35.9'' N                   76[deg]26'37.2'' W
36[deg]57'52.2'' N                   76[deg]26'01.6'' W
36[deg]57'31.1'' N                   76[deg]25'33.3'' W
 

    (ii) Anchorage Berth I-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and the center located at:

Latitude                             Longitude
 
36[deg]57'09.0'' N                   76[deg]25'20.4'' W
 

* * * * *

    Dated: February 14, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-4113 Filed 3-7-07; 8:45 am]
BILLING CODE 4910-15-P