[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65727-65728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25854]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2019-0822]


Anchorage Grounds; Delaware Bay and Atlantic Ocean, Delaware

AGENCY: Coast Guard, DHS.

ACTION: Notice of inquiry; request for comments.

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SUMMARY: The Coast Guard is considering amending its regulations to 
establish new anchorage grounds in the Delaware Bay and Atlantic Ocean. 
We are considering this action after receiving requests suggesting 
additional anchorage grounds are necessary to accommodate current and 
future vessel traffic, improve navigation safety, and because 
traditional anchorage areas may not be available due to planned or 
potential offshore wind energy development. We invite your comments on 
whether we should initiate a rulemaking to amend our existing anchorage 
regulations based on this, or if the status quo should be maintained or 
other actions considered.

DATES: Your comments and related material must reach the Coast Guard on 
or before January 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0822 using the Federal portal at https://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 
notice of inquiry, call or email Marine Science Technician Second Class 
(MST2) Thomas Welker, Sector Delaware Bay, U.S. Coast Guard; telephone 
(215) 271-4814, email [email protected]; or Mr. Jerry Barnes, 
Fifth Coast Guard District (dpw), U.S. Coast Guard; telephone (757) 
398-6230, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

ACPARS Atlantic Coast Port Access Study
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
FR Federal Register
OCS Outer Continental Shelf
WGS84 World Geodetic System 1984

II. Background and Purpose

    The Coast Guard is considering amending its regulations to 
establish new anchorage grounds in the Delaware Bay and Atlantic Ocean. 
Our authority to establish anchorage grounds comes from 33 U.S.C. 471.
    The Delaware Bay and River supports a diverse marine transportation 
system which includes the ports of Wilmington, DE; New Castle, DE; 
Philadelphia, PA; Camden-Gloucester City, NJ; and serves as an entry 
point for vessels bound for the port of Baltimore, MD, through the 
Chesapeake and Delaware Canal. Global trends in shipping indicate 
carriers continue to invest in larger vessels and these vessels are 
arriving at Delaware River ports. A river deepening project is nearing 
completion that will increase the Federal project depth from 40 to 45 
feet from Philadelphia, PA, and Camden, NJ, to the mouth of the 
Delaware Bay. Large vessels bound for Delaware River ports often wait 
offshore at anchor in unregulated areas between the Eastern Directed 
Traffic area and Southeastern Directed Traffic Area, or in various 
places along the dredged channel through the lower bay. Vessels anchor 
for a broad range of purposes including taking on stores, transferring 
of personnel, engaging in bunkering operations, or lightering. 
Designated anchorage grounds are available and regulations covering the 
use of these anchorages are set out in 33 CFR 110.157. These anchorage 
regulations were last revised in November 2016 to eliminate unusable 
anchorage grounds and provide additional usable grounds to support port 
demands and enhance navigation safety. See Final Rule published in the 
Federal Register on November 25, 2016 (81 FR 85157).
    In 2016, the Coast Guard published a notice of its Atlantic Coast 
Port Access Route Study (ACPARS) (81 FR 13307, March 14, 2016) that 
analyzed the Atlantic Coast waters seaward of existing port approaches 
within the U.S. Exclusive Economic Zone and announced the report as 
final in 2017 (82 FR 16510, April 5, 2017). This multiyear study began 
in 2011, included public participation, and identified the navigation 
routes customarily followed by ships engaged in commerce between 
international and domestic U.S. ports. See https://navcen.uscg.gov/?pageName=PARSReports. During the study, the Coast Guard received 
comments from interested stakeholders addressing cumulative impacts of 
wind energy areas and potential conflicts with traditional navigation 
routes and uses of the waters. As wind energy areas are developed and 
distribution cables installed, vessel traffic may be displaced or 
funneled into smaller areas, and available anchorage areas may be 
decreased. This increased vessel density may cause the mixing of vessel 
types and speeds while also changing the geometry of interactions as 
vessels come within close range of each other. These changes may 
increase the risk of collision, loss of property, loss of life, and 
environmental damage. In the vicinity of the entrance to the Delaware 
Bay and River, the Coast Guard received requests from a Federal pilot 
and the Mariners' Advisory Committee for the Delaware Bay and River to 
establish two new regulated anchorages in the Atlantic Ocean as 
potential wind energy leases would remove traditional unregulated 
anchorage areas from use.
    In 2018, the Coast Guard held meetings with maritime stakeholders 
to discuss global shipping trends, wind energy areas and potential 
conflicts with traditional uses of the waters in the vicinity of the 
entrance to the Delaware Bay and River. Attendance included the Pilots' 
Association for the Bay and River Delaware, the Mariners' Advisory 
Committee for the Bay and River

[[Page 65728]]

Delaware, Interport Pilots Association, and port and terminal 
representatives. These meetings provided valued insight toward the need 
for additional anchorage grounds to accommodate current and future 
vessel traffic, improve navigation safety, and facilitate continued 
growth of Delaware River ports and associated economic activity.
    Potential anchorage grounds discussed included the two anchorage 
areas requested during the ACPARS study as well as a third in the lower 
bay. Following the naming convention in 33 CFR 110.157, these 
anchorages were notionally referred to as Anchorage B--Breakwater, 
Anchorage C--Cape Henlopen, and Anchorage D--Indian River.
    Anchorage B--Breakwater is notionally located in the Delaware Bay 
beginning approximately 2.5 miles north of Cape Henlopen, DE, includes 
areas traditionally used by vessels for anchoring, and is in naturally 
deep water with charted depths between 50 and 77 feet. The anchorage 
grounds as contemplated include the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
38[deg]52'44.43'' N                  75[deg]06'43.93'' W
38[deg]52'06.27'' N                  75[deg]05'46.69'' W
38[deg]51'19.83'' N                  75[deg]5'42.73'' W
38[deg]50'45.99'' N                  75[deg]06'15.49'' W
38[deg]52'44.43'' N                  75[deg]08'40.57'' W
------------------------------------------------------------------------
(DATUM: WGS84)

    Anchorage C--Cape Henlopen is notionally located in the Atlantic 
Ocean approximately 9.4 miles east of the Delaware coast and is in 
naturally deep water with charted depths between 41 and 85 feet. The 
anchorage ground includes areas anticipated to be used by vessels for 
anchoring once offshore wind energy areas are developed. The anchorage 
grounds as contemplated include the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
38[deg]40'54.03'' N                  74[deg]52'00.01'' W
38[deg]40'56.11'' N                  74[deg]48'51.35'' W
38[deg]37'36.03'' N                  74[deg]48'30.01'' W
------------------------------------------------------------------------
(DATUM: WGS84)

    Anchorage D--Indian River is notionally located in the Atlantic 
Ocean beginning approximately 6 miles east of the Delaware coast, 
includes areas traditionally used by vessels for anchoring, and is in 
naturally deep water with charted depths between 40 and 85 feet. The 
frequency of vessels using the anchorage grounds is anticipated to 
increase once offshore wind energy areas are developed. These anchorage 
grounds as contemplated include the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
38[deg]34'56.28'' N                  74[deg]52'19.13'' W
38[deg]33'40.94'' N                  74[deg]54'41.51'' W
38[deg]31'31.11'' N                  74[deg]55'27.97'' W
38[deg]29'07.38'' N                  74[deg]53'29.26'' W
38[deg]28'56.90'' N                  74[deg]50'28.70'' W
38[deg]30'07.40'' N                  74[deg]48'08.39'' W
------------------------------------------------------------------------
(DATUM: WGS84)

    We are considering amending our regulations to establish these 
three notional anchorages. You may find illustrations of these notional 
anchorages in the docket where indicated under ADDRESSES. Additionally, 
the notional anchorages are available for viewing on the Mid-Atlantic 
Ocean Data Portal at http://portal.midatlanticocean.org/visualize/. See 
the ``Maritime'' portion of the Data Layers section.

III. Information Requested

    We seek your comments on whether we should consider a proposed 
rulemaking to establish additional regulated anchorage grounds in the 
Delaware Bay and Atlantic Ocean. In particular, the Coast Guard 
requests your input to determine to what extent the notional 
anchorages, Anchorage B--Breakwater, Anchorage C--Cape Henlopen, and 
Anchorage D--Indian River would accommodate current and future vessel 
traffic, improve navigation safety, and facilitate continued growth of 
Delaware River ports, offshore renewable energy and associated economic 
activity; or if the status quo should be maintained, or other actions 
should be considered.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
https://www.regulations.gov. If your material cannot be submitted using 
https://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notice of inquiry and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this notice of inquiry as being available in 
the docket, and all public comments, will be in our online docket at 
https://www.regulations.gov and can be viewed by following that 
website's instructions.

    Dated: November 22, 2019.
Keith M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-25854 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P