[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Rules and Regulations]
[Pages 5744-5746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0041 formerly published under CGD05-06-064]
RIN 1625-AA01


Anchorage Grounds, Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is 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 change 
simply updates the anchorage positions in our regulations to match the 
current datum in use on the applicable charts, which are NAD 83.

DATES: This rule is effective March 3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0041 formerly published under 
CGD05-06-064 and are available for copying or inspection at the Fifth 
Coast Guard District (dpw), 431 Crawford Street, Room 100, Portsmouth, 
VA 23704-5004, 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: 

Regulatory Information

    On March 8, 2007, we published a notice of proposed rulemaking 
(NPRM)

[[Page 5745]]

entitled Anchorage Grounds, Hampton Roads, VA in the Federal Register 
(72 FR 10440). We received one e-mail commenting on the proposed rule. 
No public hearing was requested, and none was held.

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 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 herein 
were listed as ``No Change'' in that final rule, while in another 
section of that 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, these anchorages are in fact still listed in 
33 CFR part 110.168 as NAD 27 positions. This final rule will ensure 
that all of the Hampton Roads Anchorages listed in 33 CFR part 110.168 
are NAD 83 positions.

Discussion of Comments and Changes

    The Coast Guard received one comment from the National Ocean 
Service (NOS) Marine Chart Division. In the comment the NOS 
representative noted that it appeared the last longitude in Anchorage E 
(76[deg]14'4.9'') might be incorrectly converted to NAD 83, and that 
the longitude of 76[deg]14'8.9'' is correct. Additionally, the NOS 
representative noted that it appeared in Anchorage I, the third and 
fourth points were in the wrong order and should be switched.
    The Coast Guard agrees with these comments and has changed the 
reading of Anchorages E and I accordingly in this final rule.

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.
    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 effect of this 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 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 
would not have a significant economic impact on a substantial number of 
small entities. The 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 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 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 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 would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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

[[Page 5746]]

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 
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 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)(i) of the Instruction, from further environmental 
documentation. 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 is revised to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

0
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]14'08.9'' 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]59'25.5'' N                   76[deg]20'05.8'' W
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
 


    (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
 


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


Latitude                             Longitude
 
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
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]56'03.5'' N                   76[deg]24'35.8'' W
36[deg]57'54.2'' N                   76[deg]26'40.3'' W
36[deg]58'23.5'' N                   76[deg]27'09.8'' 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: January 3, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E8-1762 Filed 1-30-08; 8:45 am]
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