[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Proposed Rules]
[Pages 10313-10316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02683]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0916]
RIN 1625-AA01


Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes the creation of several new 
anchorages and holding areas as well as a non-anchorage area, the 
expansion of one existing general anchorage, and the establishment of 
new and clarification of existing regulations governing such anchorages 
and areas in the Puget Sound area. This action is necessary to provide 
enhanced safety for maritime traffic in the Puget Sound area. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0916 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 about this 
proposed rulemaking, call or email Mr. Laird Hail, U.S. Coast Guard 
Sector Puget Sound; telephone 206-217-6051, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Previous rulemakings defined a number of anchorages and one non-
anchorage area throughout the greater Puget Sound area. Since those 
rulemakings, additional informal anchorages, holding areas, and a non-
anchorage area have been utilized to accommodate the wide variety of 
vessels now calling on Puget Sound ports. Coast Guard Vessel Traffic 
Service (VTS) Puget Sound, working with shipping agents, pilots, and 
other stakeholders, identified and started using these anchorages and 
areas to improve the safety of maritime traffic. Because these 
anchorages and areas are not formally established, however, they are 
not included on nautical charts, referenced in the Coast Pilot, or 
subject to regulations. Accordingly, this proposed rule would formally 
designate these anchorages and areas. In addition, it would establish 
new and clarify existing regulations governing the use of all 
anchorages and areas in the Puget Sound area. The purpose of these 
actions is to improve the safety of all Puget Sound waterway users. The 
Coast Guard proposes this rulemaking under the authority established in 
33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; and Department 
of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    This rulemaking proposes the creation of several new anchorages, 
holding areas, and a non-anchorage area as well as the expansion of one 
existing general anchorage in the Puget Sound area, as detailed in the 
proposed regulatory text. Graphic depictions of the anchorages, holding 
areas, and non-anchorage area are included in the docket. In general, 
they are located in the vicinity of Port Townsend, Commencement Bay, 
Port Angeles, Vendovi Island, Quartermaster Harbor, and Budd Inlet. The 
proposed anchorages and areas have been used for many years informally, 
however, they

[[Page 10314]]

are not included on nautical charts, referenced in the Coast Pilot, or 
subject to anchorage regulations. This rulemaking also proposes new and 
updated regulations governing anchorages and areas in the Puget Sound 
area, as detailed in the proposed regulatory text. In general, they 
clarify the existing regulations establishing rules for the use of 
anchorages and areas generally and create new anchorage regulations 
establishing rules for the use of the new anchorages and areas created 
by this rule. The codification of these anchorages and areas, along 
with the new and updated regulations, would improve the safety of all 
Puget Sound waterway users by having the anchorages and areas included 
on nautical charts, referenced in the Coast Pilot, subject to 
appropriate regulations, and available to VTS Puget Sound whenever 
necessary to manage vessel traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This determination is based on the fact that the affected areas of 
the Puget Sound have been used historically as informal anchorages and 
areas in the manner proposed and the new and updated regulations will 
not impose significant limitations on the current use of the existing 
or new anchorages or areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some of the maritime users intending to use the affected 
areas of the Puget Sound may be small entities, for the reasons stated 
in section IV.A. above this proposed rule would not have a significant 
economic impact on such entities.
    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.
    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. 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 person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 
Regardless, the Coast Guard consulted with the Indian Tribal 
Governments having an interest in the affected waters when considering 
this rule. Their primary concerns were related to potential restriction 
of access to Usual & Accustomed fishing grounds, and as such, the Coast 
Guard has included specific provisions in the anchorage regulations 
created by this rule to accommodate those concerns. If you believe this 
proposed rule has implications for federalism or Indian tribes, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment and changing the size of anchorage grounds. Normally such 
actions are categorically excluded from further review under paragraph 
34(f) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

[[Page 10315]]

V. 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 NPRM 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.

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

0
1. The authority citation for part 110 continues to read as follows:

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

0
2. In Sec.  110.230--
0
a. Add paragraph (a)(3)(iii),
0
b. Revise paragraphs (a)(13) and (14),
0
c. Add paragraphs (a)(15) through (17),
0
d. Revise paragraph (b), and
0
e. Add paragraph (c).
    The additions and revisions read as follows:


Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

* * * * *
    (a) * * *
    (3) * * *
    (iii) General Anchorage. All waters of Port Townsend shoreward of a 
line starting at latitude 48[deg]06'33'' N., longitude 122[deg]46'00'' 
W.; thence to latitude 48[deg]05'52'' N., longitude 122[deg]45'04'' W.; 
thence to latitude 48[deg]05'22.9'' N., longitude 122[deg]46'00'' W.; 
thence to Kala Pt., latitude 48[deg]03'29'' N., longitude 
122[deg]46'00'' W.
* * * * *
    (13) Commencement Bay Anchorages.
    (i) Commencement Bay General Anchorage. All waters of Commencement 
Bay east of a line starting at latitude 47[deg]16'44'' N., longitude 
122[deg]28'20'' W., thence to latitude 47[deg]18'00'' N., longitude 
122[deg]26'36.5'' W.
    (ii) Ruston General Anchorage. All waters of Commencement Bay 
within an area beginning at latitude 47[deg]18'34.5'' N., longitude 
122[deg]30'22.5'' W.; thence to latitude 47[deg]18'48'' N., longitude 
122[deg]29'48'' W.; thence to latitude 47[deg]18'11.1'' N., longitude 
122[deg]29'03.5'' W.; thence to latitude 47[deg]17'56'' N., longitude 
122[deg]29'37'' W.
    (14) Port Angeles Anchorages.
    (i) Non-anchorage area Port Angeles Harbor. Beginning at a point on 
the shore at latitude 48[deg]07'03.83'' N., longitude 
123[deg]24'20.67'' W.; thence to latitude 48[deg]07'38.43'' N., 
longitude 123[deg]24'04.67'' W.; thence to latitude 48[deg]07'36.03'' 
N., longitude 123[deg]23'50.67'' W.; thence to a point on the shoreline 
at latitude 48[deg]06'56.73'' N., longitude 123[deg]24'08.67'' W.
    (A) No vessel may anchor in this non-anchorage area at any time.
    (B) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this non-anchorage area are prohibited.
    (C) Vessels may transit this non-anchorage area, but must proceed 
by the most direct route and without unnecessary delay.
    (D) The city of Port Angeles will mark this area with signs on the 
shoreline visible (during normal daylight) 1 mile to seaward reading, 
``Do not Anchor in This Area.''
    (ii) Port Angeles General Anchorage. All waters in Port Angeles 
Harbor that lie west of a line drawn from Ediz Hook, latitude 
48[deg]08'23'' N., longitude 123[deg]24'02'' W.; to latitude 
48[deg]08'23'' N., longitude 123[deg]22'07'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]22'07'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]24'08'' W.; thence to latitude 
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.
    (iii) Port Angeles Tug and Barge Holding Area West. All waters in 
Port Angeles Harbor that lie west of the line of longitude 
123[deg]27'17'' W.
    (iv) Port Angeles Tug and Barge Holding Area South. All waters in 
Port Angeles Harbor inside the area beginning at latitude 
48[deg]07'42'' N., longitude 123[deg]24'08.0'' W.; thence to latitude 
48[deg]07'16.2'' N., longitude 123[deg]25'37.1'' W.; thence to latitude 
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.; thence back to the 
point of origin.
    (v) Port Angeles Tug and Barge Holding Area East. All waters in 
Port Angeles Harbor inside the area beginning at latitude 
48[deg]07'42'' N., longitude 123[deg]23'45.7'' W.; thence to latitude 
48[deg]07'13.8'' N., longitude 123[deg]23'54.7'' W.; thence to latitude 
48[deg]07'34.4'' N., longitude 123[deg]22'55.8'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]22'55.8'' W. thence back to the 
point of origin.
    (15) Vendovi Anchorages.
    (i) Vendovi South General Anchorage. All waters shoreward of a line 
beginning at latitude 48[deg]36'40'' N., longitude 122[deg]36'51'' W.; 
thence to latitude 48[deg]35'34'' N., longitude 122[deg]36'51'' W.; 
thence to latitude 48[deg]35'34'' N., longitude 122[deg]35'53.62'' W.; 
thence to latitude 48[deg]36'31.38'' N., longitude 122[deg]35'53.62'' 
W.
    (ii) Vendovi East General Anchorage. All waters in an area 
beginning at latitude 48[deg]37'43'' N., longitude 122[deg]34'45.5'' 
W.; thence to latitude 48[deg]37'43'' N., longitude 122[deg]31'44'' W.; 
thence to latitude 48[deg]35'43'' N., longitude 122[deg]31'44'' W.; 
thence to latitude 48[deg]35'43'' N., longitude 122[deg]34'45.5'' W.; 
thence to point of origin.
    (iii) Jack Island North Tug and Barge Holding Area. All waters 
within a circular area centered at latitude 48[deg]35'22'' N., 
longitude 122[deg]37'20'' W., with a radius of six hundred yards.
    (iv) Jack Island South Tug and Barge Holding Area. All waters 
within a circular area centered at latitude 48[deg]34'24'' N., 
longitude 122[deg]36'13.5'' W., with a radius of six hundred yards.
    (v) William Point Articulated Tug and Barge Anchorage. All waters 
within an area beginning at latitude 48[deg]35'00'' N., longitude 
122[deg]33'07'' W.; thence to latitude 48[deg]35'00'' N., longitude 
122[deg]31'20'' W.; thence to latitude 48[deg]35'28'' N., longitude 
122[deg]31'20'' W., thence to latitude 48[deg]35'28'' N., longitude 
122[deg]33'00'' W., thence to latitude 48[deg]35'15.5'' N., longitude 
122[deg]33'12'' W.
    (16) Quartermaster Harbor General Anchorage. All waters of 
Quartermaster Harbor south of latitude 47[deg]20'54'' N. and north of a 
line beginning at latitude

[[Page 10316]]

47[deg]19'53'' N., longitude 122[deg]29'28'' W. and ending at latitude 
47[deg]20'37'' N., longitude 122[deg]27'18'' W.
    (17) Budd Inlet Anchorages.
    (i) Budd Inlet General Anchorage. All waters of Budd Inlet north of 
latitude 47[deg]06'00'' N., and south of latitude 47[deg]08'00'' N.
    (ii) Budd Inlet North General Anchorage. All waters of Budd Inlet 
within an area beginning at Dofflemyer Point, at latitude 
47[deg]08'25.87'' N., longitude 122[deg]54'26'' W.; thence to latitude 
47[deg]08'25.87'' N., longitude 122[deg]55'34.5'' W.; thence to 
latitude 47[deg]08'51'' N., longitude 122[deg]55'32'' W.; thence to 
latitude 47[deg]09'24'' N., longitude 122[deg]55'32'' W., thence to 
latitude 47[deg]10'00'' N., longitude 122[deg]55'11'' W.; thence to 
latitude 47[deg]10'00'' N., longitude 122[deg]54'00'' W.; thence to 
latitude 47[deg]09'31.1'' N., longitude 122[deg]54'00'' W., thence to 
latitude 47[deg]09'00.8'' N., longitude 122[deg]54'26'' W., thence to 
the point of origin at Dofflemyer Point.
    (b) General regulations. (1) Deep-draft vessels, including 
articulated tug and barge combinations, over 200 feet in length and any 
vessel carrying explosives, operating in the COTP Puget Sound Zone must 
anchor only in a designated anchorage described in paragraph (a) of 
this section except as may be necessary for safety or security reasons. 
Such vessels must obtain permission from the Captain of the Port (COTP) 
Puget Sound to use a designated anchorage and should request permission 
at least 48 hours prior to arrival by contacting Vessel Traffic Service 
(VTS) Puget Sound.
    (2) Any vessel not covered in paragraph (b)(1) of this section may 
anchor and/or operate in a designated anchorage described in paragraph 
(a) of this section at any time so long as such anchorage or operations 
do not interfere with the anchorage or operation of a vessel covered in 
paragraph (b)(1) of this section that is utilizing the designated 
anchorage.
    (3) All vessels anchoring or operating in a designated anchorage 
described in paragraph (a) of this section must follow any lawful 
direction given to them by the COTP Puget Sound or VTS Puget Sound 
regarding the movement, operation, or anchorage of their vessel, to 
include any order to depart the designated anchorage.
    (4) Any vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to the anchorage or operation 
of other vessels is prohibited from anchoring or operating in a 
designated anchorage described in paragraph (a) of this section except 
as may be necessary for safety or security reasons, unless otherwise 
authorized by the COTP Puget Sound.
    (5) Any vessel greater than 1600 gross tons anchored in a 
designated anchorage described in paragraph (a) of this section must 
maintain the capability to get underway within 30 minutes, unless 
otherwise authorized by the COTP Puget Sound.
    (6) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) in a designated anchorage 
described in paragraph (a) of this section, unless otherwise authorized 
by the COTP Puget Sound.
    (7) Within the Anacortes Anchorages described in paragraph (a)(10) 
of this section, lightering operations must only be conducted in the 
Anacortes West and Anacortes Center anchorages, unless otherwise 
authorized by the COTP Puget Sound.
    (8) Tug and barge holding areas are for the use of tug and barge 
combinations and fishing vessels less than 200 feet, for a period not 
to exceed 10 days. Other vessels may anchor or operate in such areas at 
any time so long as such anchorage or operations do not interfere with 
the anchorage or operation of a tug and barge combination or fishing 
vessel less than 200 feet utilizing the area.
    (9) Within the Cap Sante and Hat Island Tug and Barge Anchorages, 
described in paragraphs (a)(11) and (12) of this section, tugs and 
barges are required to ensure their vessels and barges do not project 
beyond the holding area's boundaries, unless otherwise authorized by 
the COTP Puget Sound.
    (10) Within any tug and barge holding area, a tug must be manned, 
remain in attendance with the barge, and maintain a communications 
guard with VTS on an appropriate VTS VHF working frequency as defined 
in 33 CFR 161.12(c) at all times.
    (11) The COTP Puget Sound and VTS Puget Sound will, to the maximum 
extent possible, manage the use of the designated anchorages described 
in paragraph (a) of this section to avoid or minimize any impact of the 
use of such anchorages on Indian tribal fisheries. In so doing, the 
COTP and VTS Puget Sound will maintain close liaison with the Indian 
tribes that could be affected to ensure Coast Guard awareness of such 
fisheries.
    (c) Explosives anchorages. In addition to the general regulations 
in paragraph (b) of this section, the following regulations apply to 
each explosives anchorage described paragraph (a) of this section.
    (1) Explosives anchorages are reserved for vessels carrying 
explosives. Other vessels may anchor or operate in such anchorages only 
when no vessel anchored in the explosive anchorage is displaying by day 
a red flag at least 16 square feet in area at its mast head or at least 
10 feet above the upper deck if the vessel has no mast, and by night a 
red light in the same position specified for the flag, unless otherwise 
authorized by the COTP.
    (2) All vessels carrying explosives in the COTP Puget Sound Zone 
must be within an explosives anchorage when anchored, except as may be 
necessary for safety or security reasons or otherwise authorized by the 
COTP, and must at all time have a competent watchman on board the 
vessel or a tug in attendance.
    (3) Whenever any vessel carrying explosives not fitted with 
mechanical power anchors is anchored in the COTP Puget Sound Zone, the 
COTP may require the attendance of a tug upon such vessel, when, in his 
or her judgment, such action is necessary.
    (4) Any vessel carrying explosives at anchor in an explosives 
anchorage must display by day a red flag at least 16 square feet in 
area at its mast head or at least 10 feet above the upper deck if the 
vessel has no mast, and by night a red light in the same position 
specified for the flag. These signals shall be in addition to day 
signals and lights required to be shown by all vessels when at anchor.
    (5) No explosives handling in any explosives anchorage will be 
undertaken by any vessel unless COTP personnel are on board to 
supervise the handling operations.

    Dated: January 18, 2017.
M.E. Butt,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-02683 Filed 2-9-17; 8:45 am]
 BILLING CODE 9110-04-P