[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16778-16781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08116]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2017-0181]
RIN 1625-AA01


Anchorage Grounds; Baltimore Harbor, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Baltimore Harbor anchorage 
grounds regulation. The changes will reduce the size of three general 
anchorages, establish one new general anchorage, rename two existing 
general anchorages, and change the duration a vessel may remain within 
an anchorage for two existing general anchorages. This rule will ensure 
that Coast Guard regulations are consistent with the U.S. Army Corps of 
Engineers Baltimore District Port of Baltimore Anchorages and Channels 
civil works project that widened the channel, and provide a higher 
degree of safety to persons, property and the environment by accurately 
depicting the anchorage locations. The changes to the regulated uses of 
the anchorages will support current and future port activity related to 
the safety of post-Panamax commercial cargo vessels, and will remove 
vessel security provisions that currently exist in these Baltimore 
Harbor regulations.

DATES: This rule is effective May 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0181 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, U.S. Coast Guard, Sector Maryland-
National Capital Region, Waterways Management Division, Coast Guard; 
telephone (410) 576-2674, 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 Information and Regulatory History

    Anchorage regulation duties and powers were transferred to the 
Coast Guard in 1967 (32 FR 17726, Dec. 12, 1967). On December 12, 1968, 
the Fifth Coast Guard District published a final rule in the Federal 
Register (33 FR 18438) establishing an anchorage area in Baltimore 
Harbor, Maryland. The anchorage grounds at Baltimore, Maryland are 
described in 33 CFR 110.158. These anchorage grounds are involved in a 
federal navigation project under the jurisdiction of the U.S. Army 
Corps of Engineers Baltimore District. Section 101a(22) of the Water 
Resources Development Act of 1999 (Pub. L. 106-53, 113 Stat 269 (1999)) 
authorized widening of the Dundalk and Seagirt Marine Terminal 
channels. Widening of the Seagirt Marine Terminal channel occurred in 
2015. This dredging widened the limits of existing navigation channels 
which are used to access key Maryland Port Administration marine 
terminals located immediately adjacent to the Baltimore Harbor, 
Maryland anchorage grounds, and put the existing anchorage grounds in 
the way of the newly expanded navigation channels. To addresses these 
changes, Sector Maryland-National Capital Region, Baltimore, Maryland, 
worked in coordination with the Port of Baltimore Harbor Safety and 
Coordination Committee to develop proposed

[[Page 16779]]

revisions to the affected anchorage boundaries and associated 
regulations. On August 14, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Anchorage Grounds; Baltimore 
Harbor, Baltimore, MD'' (83 FR 40164). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this anchorage grounds. During the comment period that ended 
November 13, 2018, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 2071; 46 U.S.C 70034; 33 CFR 1.05-1; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define anchorage grounds. The purpose of this rule is to 
reduce navigational safety risk and support port efficiency in 
Baltimore Harbor. This regulation will designate a new general 
anchorage ground developed from an existing anchorage ground that is 
located outside of the established navigation channel in order to align 
with the existing U.S. Army Corps of Engineers Baltimore District Port 
of Baltimore Anchorages and Channels civil works project. The Baltimore 
Harbor anchorage grounds are typically used by deep draft commercial 
cargo vessels. In order to maximize the availability and use of these 
important anchorages, this regulation will also change the duration for 
which vessels may remain in these anchorages. This regulation will 
reduce the duration a vessel may remain within Anchorage No. 3 Lower 
(renumbered as Anchorage No. 3A) and Anchorage No. 4, from 72 hours to 
24 hours. Lastly, due to similar provisions within the Maritime 
Transportation Security Act of 2002 (MTSA) (Pub. L. 107-295) and 
federal regulations (33 CFR part 104, and 46 CFR chapter 1, subchapters 
N and O), the vessel security requirements in Sec.  [thinsp]110.158(d) 
are now redundant and will be removed as part of this regulation.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 14, 2018. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule amends the Baltimore Harbor, Maryland anchorage grounds 
as described in 33 CFR 110.158. The general anchorages currently listed 
in the regulation that are affected by this rule are Anchorage No. 2, 
Anchorage No. 3 Upper, Anchorage No. 3 Lower, Anchorage No. 4, 
Anchorage No. 5 and Anchorage No. 6.
    This rule reduces the sizes of Anchorage No. 2, Anchorage No. 3 
Lower, and Anchorage No. 4. These reductions will remove the portions 
of the anchorage grounds that are in the navigable channel. The area of 
Anchorage No. 2 is reduced by approximately 16,330 square yards along 
its northern limit and approximately 326,770 square yards along its 
eastern limit. The area of Anchorage No. 3 Lower is reduced at its 
eastern limit by 12,560 square yards. The area of Anchorage No. 4 is 
reduced at its western limit by 6,000 square yards.
    This rule renames Anchorage No. 3 Lower to Anchorage No. 3A, and 
renames Anchorage No. 3 Upper to Anchorage No. 3B. This rule revises 
Anchorage No. 2 and creates an area called Anchorage No. 3C out of 
existing anchorage ground from Anchorage No. 2. An area within 
Anchorage No. 2 that is approximately 500 yards in length and 165 yards 
in width, and adjacent to Anchorage No. 3 Upper, becomes Anchorage No. 
3C. This reconfiguration does not provide new space available for 
anchorage, will not restrict traffic, and is located outside of the 
established navigation channel. A graphic depicting these changes is 
included in the docket.
    This rule will reduce the duration a vessel may remain within 
Anchorage No. 3 Lower (renumbered as Anchorage No. 3A) and Anchorage 
No. 4, from 72 hours to 24 hours. These changes are based on 
recommendations documented by the Port of Baltimore Harbor Safety and 
Coordination Committee on September 8, 2010, and the Association of 
Maryland Pilots. The Port of Baltimore Harbor Safety and Coordination 
Committee's recommendation is available in the docket. The Coast Guard 
agrees that the Committee's recommendation addresses the problem of 
ensuring maximum availability and use of these anchorages. In addition, 
this rule establishes that a vessel may remain within Anchorage No. 3C 
for no more than 72 hours without permission from the Captain of the 
Port, to remain consistent with the regulations for Anchorage No. 2.
    This rulemaking renumbers several paragraphs listed in 33 CFR 
110.158, from (a)(3) Anchorage No. 3, Upper, general anchorage, through 
(a)(8) Anchorage No. 7, Dead ship anchorage. All anchorage ground 
descriptions will be updated to state they are in the waters of the 
Patapsco River, except for Anchorage No. 7, Dead ship anchorage, which 
will be updated to state it is in the waters of Curtis Bay. Designation 
of the new Anchorage No. 3C will create a new paragraph, (a)(9) for 
Anchorage No. 7, Dead ship anchorage. This rulemaking modifies 
paragraph (c)(3) of the general regulations to remove the reference to 
a vessel becoming ``a menace'' because we do not define that term and 
we don't believe it is needed given other factors already included in 
that paragraph. We also change the defined term ``dangerous cargo'' to 
``certain dangerous cargo'' without changing the definition, continuing 
to incorporate the definition of certain dangerous cargo from 33 CFR 
160.202, and aligning terminology used in this rule with that used 
throughout the rest of 33 CFR 110.158. This rulemaking removes 
paragraphs (c)(4) regarding revocable permits for habitual use of an 
anchorage, and paragraph (d) in its entirety, as described in section 
III above.

V. Regulatory Analyses

    We developed this 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, and we 
discuss First Amendment rights of protestors.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following: (i) 
It will not interfere with existing maritime activity in Baltimore 
Harbor, (ii) the changes will reduce navigational safety risk in 
Baltimore Harbor by: (1) Aligning existing general anchorage boundaries 
with recent dredging projects that widened the limits of adjacent 
navigational channels, (2) reducing the duration a vessel may remain 
within an anchorage to increase availability and usage, and (3) 
renaming and reconfiguring general anchorages that support a proper 
naming and numbering convention within the existing anchorage 
regulation, and (iii) the

[[Page 16780]]

reconfiguration of the additional general anchorage does not provide 
additional anchorage area and will not restrict traffic, as it is 
developed from an existing anchorage and is located outside of the 
established navigation channel. As discussed in section IV above, this 
rule will replace the ``dangerous cargo'' definition with one for 
``certain dangerous cargo'' and remove vessel security provisions that 
are redundant to other federal regulations.

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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    For the reasons stated in section V.A above, this rule will not 
have a significant economic impact on any vessel owner or operator.
    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. 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.
    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). 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.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves 
the modification of existing anchorages within the Baltimore Harbor, 
Maryland anchorage grounds. It is categorically excluded from further 
review under paragraph L59(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

    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, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  110.158 to read as follows:


Sec.  110.158  Baltimore Harbor, MD.

    (a) Anchorage Grounds--(1) No. 1, general anchorage. (i) All waters 
of the Patapsco River, bounded by a line connecting the following 
points:

Latitude                             Longitude
39[deg]15'13.51'' N                  76[deg]34'07.76'' W
39[deg]15'11.01'' N                  76[deg]34'11.69'' W
39[deg]14'52.98'' N                  76[deg]33'52.67'' W
39[deg]14'47.90'' N                  76[deg]33'40.73'' W
 

    (ii) No vessel shall remain in this anchorage for more than 12 
hours without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'57.53'' N                  76[deg]33'37.74'' W
39[deg]15'08.56'' N                  76[deg]33'37.66'' W
39[deg]15'15.77'' N                  76[deg]33'28.81'' W
39[deg]15'18.87'' N                  76[deg]33'12.82'' W
39[deg]15'17.71'' N                  76[deg]33'09.09'' W
39[deg]14'50.35'' N                  76[deg]32'40.43'' W
39[deg]14'45.28'' N                  76[deg]32'48.68'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W
 

    (ii) No vessel shall remain in this anchorage for more than 72 
hours

[[Page 16781]]

without permission from the Captain of the Port.
    (3) Anchorage No. 3A, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'15.66'' N                  76[deg]32'53.59'' W
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'32.50'' N                  76[deg]32'35.18'' W
39[deg]14'22.37'' N                  76[deg]32'43.07'' W
 

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (4) Anchorage No. 3B, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W
 

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (5) Anchorage No. 3C, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W
 

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (6) Anchorage No. 4, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'52.92'' N                  76[deg]32'29.60'' W
39[deg]14'04.38'' N                  76[deg]32'41.69'' W
39[deg]14'09.35'' N                  76[deg]32'39.89'' W
39[deg]14'17.96'' N                  76[deg]32'26.44'' W
39[deg]14'05.32'' N                  76[deg]32'13.09'' W
39[deg]14'00.05'' N                  76[deg]32'17.77'' W
 

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (7) Anchorage No. 5, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'07.89'' N                  76[deg]32'58.23'' W
39[deg]13'34.82'' N                  76[deg]32'23.66'' W
39[deg]13'22.25'' N                  76[deg]32'28.90'' W
39[deg]13'21.20'' N                  76[deg]33'11.94'' W
 

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (8) Anchorage No. 6, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'42.98'' N                  76[deg]32'19.11'' W
39[deg]13'20.65'' N                  76[deg]31'55.58'' W
39[deg]13'34.00'' N                  76[deg]31'33.50'' W
39[deg]14'01.95'' N                  76[deg]32'02.65'' W
39[deg]13'51.01'' N                  76[deg]32'18.71'' W
 

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (9) Anchorage No. 7, Dead ship anchorage. (i) All waters of Curtis 
Bay, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'00.40'' N                  76[deg]34'10.40'' W
39[deg]13'13.40'' N                  76[deg]34'10.81'' W
39[deg]13'13.96'' N                  76[deg]34'05.02'' W
39[deg]13'14.83'' N                  76[deg]33'29.80'' W
39[deg]13'00.40'' N                  76[deg]33'29.90'' W
 

    (ii) The primary use of this anchorage is to lay up dead ships. 
Such use has priority over other uses. Permission from the Captain of 
the Port must be obtained prior to the use of this anchorage for more 
than 72 hours.
    (b) Definitions. As used in this section--
    Certain dangerous cargo means certain dangerous cargo as defined in 
Sec.  [thinsp]160.202 of this chapter.
    COTP means Captain of the Port Sector Maryland--National Capital 
Region.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and all vessels carrying 
or handling certain dangerous cargo while anchored in an anchorage 
ground described in this section.
    (2) Except in cases where unforeseen circumstances create 
conditions of imminent peril, or with the permission of the Captain of 
the Port, no vessel shall be anchored in Baltimore Harbor or the 
Patapsco River outside of the anchorage areas established in this 
section for more than 24 hours. No vessel shall anchor within a tunnel, 
cable or pipeline area shown on a government chart. No vessel shall be 
moored, anchored, or tied up to any pier, wharf, or other vessel in 
such manner as to extend into established channel limits. No vessel 
shall be positioned so as to obstruct or endanger the passage of any 
other vessel.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become an obstruction to navigation or the anchoring of other 
vessels may not occupy an anchorage, unless the vessel obtains 
permission from the Captain of the Port.
    (4) Upon notification by the Captain of the Port to shift its 
position, a vessel at anchor must get underway and shall move to its 
new designated position within two hours after notification.
    (5) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, 
scope of chain, readiness of engineering plant and equipment, usage of 
tugs, and requirements for maintaining communication guards on selected 
radio frequencies.
    (6) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to or from another vessel unless the vessel has given the 
Captain of the Port the four hours advance notice required by Sec.  
[thinsp]156.118 of this chapter.
    (7) No vessel shall anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without prior approval of 
the Captain of the Port.

    Dated: April 17, 2019.
Keith M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-08116 Filed 4-22-19; 8:45 am]
BILLING CODE 9110-04-P