[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22939-22941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09029]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-1118]
RIN 1625-AA01


Anchorage Grounds; Lower Chesapeake Bay, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering amending the regulations for 
Hampton Roads, VA and adjacent waters anchorages by establishing a new 
anchorage, near Cape Charles, VA on the Lower Chesapeake Bay. This 
advance notice of proposed rulemaking (ANPRM) provides information 
relevant to, and solicits public comment on the possible creation of a 
Federal anchorage west of Cape Charles, VA on the Chesapeake Bay. Port 
of Virginia infrastructure improvements and growth in commercial vessel 
traffic entering the port, including large and deep-draft vessels have 
prompted this solicitation for comments on a potential proposed 
rulemaking. If the Coast Guard proceeds with a proposed rulemaking, the 
intended effect would be to ensure that the Hampton Roads Anchorage 
Grounds continue to safely support current and future maritime commerce 
and commercial vessel anchoring needs. We invite your comments on this 
ANPRM.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 18, 2016.

[[Page 22940]]


ADDRESSES: You may submit comments identified by docket number USCG-
2015-1118 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Lieutenant Commander Barbara Wilk, Sector 
Hampton Roads Waterway Management Division, phone 757-668-5581, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

ANPRM Advance notice of proposed rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
VA Virginia

II. Background, Purpose, and Legal Basis

    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. Coast Guard 
regulations covering the rulemaking process are set out in 33 CFR 
subpart 1.05.
    The Coast Guard held a meeting on February 20, 2015, with U.S. Navy 
and commercial maritime stakeholders to discuss solutions to enhance 
Port of Virginia waterway use. Attendance included Virginia Pilots 
Association, Virginia Maritime Association and local area pilots. 
Various courses of action were suggested by attendees as possible 
options to further enhance maritime commerce concurrently with U.S. 
Navy military requirements. This meeting provided valued insight toward 
developing a potential new anchorage ground that would facilitate the 
future growth of Port of Virginia.
    The purpose of this ANPRM is to solicit comments on potential 
proposed rulemaking to help accommodate increase in both the number of 
commercial vessels and traffic density and to enhance navigation safety 
for vessels transiting the Hampton Roads area by creating a Federal 
commercial anchorage west of Cape Charles, VA on the Lower Chesapeake 
Bay. Current trends indicate that shipping companies will call on the 
Port of Virginia using larger, deeper-draft vessels. Our intent for any 
proposed rulemaking would be to facilitate the safety of the port 
anchorages by providing an anchorage of adequate size, depth, and 
capacity to accommodate commercial vessels calling on the Port of 
Virginia.
    The legal basis and authorities for this advance notice of proposed 
rulemaking are found in 33 U.S.C. 471, 1221 through 1236; 33 CFR 1.05-
1, Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory anchorages. The Coast Guard is now considering a 
proposed rulemaking to establish a new commercial anchorage area in the 
vicinity of the Port of Virginia, west of Cape Charles, VA.

III. Discussion of Potential Proposed Rulemaking

    The Coast Guard is considering a new deep-water anchorage ground 
for commercial vessels and to support projected growth in maritime 
commerce vessel traffic throughout the Port of Virginia. We are 
considering locating an anchorage ground in the Lower Chesapeake Bay, 
between Cape Charles and York Spit Channel. The anchorage ground under 
consideration is triangular in shape with an eastern boundary 7 
nautical miles (NM) in length along the descending bank off Cape 
Charles, VA. The western boundary of the anchorage ground runs parallel 
with and 500 yards east of York Spit Channel for 6.3 NM, from lighted 
buoy 38 thence south to lighted buoy 30. The southern boundary of the 
anchorage is 5.4 NM in length measured along a line commencing 500 
yards east of York Spit lighted buoy 30 thence eastward to a position 
approximately 1.5 miles from Cape Charles shoreline. The anchorages 
coordinates includes all waters of the Lower Chesapeake Bay bounded by 
a line connecting the following points: Latitude 37[deg]17'33'' N., 
longitude 076[deg]06'22'' W., thence southeast to latitude 
37[deg]11'29'' N., longitude 076[deg]01'57'' W., thence west to 
latitude 37[deg]11'29'' N., longitude 076[deg]08'43'' W., thence 
northeast to point of origin. The approximate depths of the proposed 
new anchorage would be located in naturally deep water with charted 
depths ranging from 30 feet to 130 feet and the majority of the eastern 
part of the triangular anchorage having depths in excess of 60 feet. 
Current trends indicate that shipping companies will call on the Port 
of Virginia using larger, deeper draft vessels.
    You may find a drawing with an illustration of the contemplated 
anchorage ground in the docket. Look for Illustration of Contemplated 
Anchorage ``R.''

IV. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this ANPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We plan to hold two public meetings to receive oral comments on 
this ANPRM and will announce the dates, times, and locations in a 
separate document published in the Federal Register. If you signed up 
for docket email alerts mentioned in the paragraph above, you will 
receive an email notice when the public meeting notice is published and 
placed in the docket.

V. Information Requested

    Before the Coast Guard proposes specific regulations to amend and 
establish a new anchorage on the Lower Chesapeake Bay, the Coast Guard 
is requesting input from the public. The Coast Guard is particularly 
interested in receiving comments from all of those who have a stake in 
the viability of a Cape Charles alternative commercial deep-water 
anchorage ground for

[[Page 22941]]

commercial vessels and all those port stake holders who contribute to 
the unique characteristics of the Port of Virginia. Please provide 
additional information not specifically solicited by this ANPRM if you 
believe it would be helpful in understanding the implications of 
creating a Federal anchorage west of Cape Charles. Please submit any 
comments or concerns you may have in accordance with the ADDRESSES 
section.

    Dated: March 25, 2016.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2016-09029 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P