Anchorage Grounds, Hampton Roads, VA, 16195-16201 [05-6305]
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules
certain income from sources within a
possession of the United States paid to
a bona fide resident of that possession.
For purposes of this paragraph (c)(5)(ii),
a U.S. payor may treat the beneficial
owner as a bona fide resident of the
possession of the United States from
which the income is sourced if, prior to
payment of the income, the U.S. payor
can reliably associate the payment with
valid documentation that supports the
claim of residence in the possession of
the United States from which the
income is sourced. This paragraph
(c)(5)(ii) shall not apply if the U.S. payor
has actual knowledge or reason to know
that the documentation is unreliable or
incorrect or that the income does not
satisfy the requirements for exemption
under section 931, 932, or 933. For the
rules determining whether income is
from sources within a possession of the
United States, see section 937(b) and the
regulations thereunder.
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PART 301—PROCEDURE AND
ADMINISTRATION
Authority: 26 U.S.C. 7805 * * *
Par. 7. In § 301.6114–1 is amended as
follows:
1. Paragraphs (c)(1)(i) through
(c)(1)(vii) are redesignated as paragraphs
(c)(1)(ii) through (c)(1)(viii),
respectively.
2. New paragraph (c)(1)(i) is added.
3. Paragraph (c)(7) is added.
The additions and revision read as
follows:
Treaty-based return
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(c) * * * (1) * * *
(i) For amounts received on or after
January 1, 2001, return positions
described in paragraph (b)(4)(ii) of this
section, unless the conditions in
paragraphs (b)(4)(ii)(A) and (B) of this
section, paragraph (b)(4)(ii)(C) of this
section, or paragraph (b)(4)(ii)(D) of this
section are met;
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(7) Reporting under paragraph
(b)(4)(ii)(D) of this section is waived
with respect to a taxable year for
taxpayers that are not individuals or
states and that, on or after January 1,
2001, receive amounts of income subject
to withholding that do not exceed
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Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–6060 Filed 3–29–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[CGD05–04–043]
RIN 1625–AA01
Anchorage Grounds, Hampton Roads,
VA
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
revise the anchorage regulations in the
Port of Hampton Roads. Infrastructure
improvements and increases in vessel
traffic and draft entering the port have
prompted this proposed rulemaking.
The proposed changes to this regulation
will ensure that the Hampton Roads
Anchorage Grounds continue to safely
support current and future vessel
anchoring demands. This supplemental
notice of proposed rulemaking (SNPRM)
discusses changes made to Anchorages
J, K, and, L since publication of the
notice of proposed rulemaking (NPRM)
in the Federal Register on September
27, 2004 (69 FR 57656). The changes are
explained in the section titled
‘‘Discussion of Proposed Rule’’ section
of this document.
DATES: Comments must be received on
or before April 29, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(oan), Fifth Coast Guard District, 431
Crawford Street, Room 401, Portsmouth,
VA 23704–5004. Commander (oan),
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the Fifth Coast
Guard District between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District (oan),
SUMMARY:
Par. 6. The authority citation for part
301 continues to read, in part, as
follows:
§ 301.6114–1
positions.
$10,000 in the aggregate for such taxable
year.
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16195
(757) 398–6285, between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–04–043),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please, submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But, you may submit a request
for a meeting by writing to the Aids to
Navigation and Waterways Management
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Regulatory History
On September 27, 2004 the Coast
Guard published a NPRM in the Federal
Register titled ‘‘Anchorage Grounds,
Hampton Roads, VA’’ (69 FR 57656).
This SNPRM provides further
opportunity for the public to comment
on changes made to Anchorages J, K,
and L.
Background and Purpose
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. In
June 1986, the U.S. Army Corps of
Engineers (USACE) completed a study
of the Norfolk Harbor, including its
anchorages. The study is entitled,
‘‘General Design Memorandum 1,
Norfolk Harbor and Channels, Virginia,
Main Report.’’ Comments from the Coast
Guard, Navy, Virginia Port Authority,
Virginia Pilots Association and
Hampton Roads Maritime Association
requesting improvements to Anchorages
F and K were considered in the study.
Anchorage F currently has two 400yard radius berths. The USACE, in 1998,
constructed a single 500-yard radius
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berth for Anchorage F and is currently
maintaining the anchorage at a project
depth of 50 feet. This proposed rule
would change Anchorage F to a single
500 yard radius berth to reflect the
construction completed by the USACE
in 1998. The USACE was
congressionally authorized in November
of 1986 to increase the channel depth of
Anchorage F to 55 feet deep, see H. Doc.
99–85, 99th Cong., 1st session.
Improvements were also proposed by
the Coast Guard to the Newport News
Middle Ground, Anchorage K, by
increasing the easternmost berth, K–1
from a swing radius of 400 yards to one
of 500 yards. In addition, Berth K–2,
currently maintained at 40 feet, would
be deepened to 45 feet. The increase in
size to Berth K–1, the increase in depth
to Berth K–2, and the increase in depth
to Anchorage F have all been
congressionally authorized and will be
scheduled once the increase in arrivals
of vessels with deeper drafts support the
project. The circular boundaries for
Berth K–1, referred to as East
Anchorage, and Berth K–2, referred to as
West Anchorage, will be shown on
future chart editions for the area when
the final rule for this regulation is
published.
It is proposed that the overall
boundary of Anchorage K be changed so
that the entire anchorage lies north of
the Fairway for Shallow Draft Vessels
and Tows.
A new quarantine anchorage, new
Anchorage Q, is proposed to replace
Berth K–3, which is currently not
maintained by the USACE. The new
quarantine anchorage would be located
east of York Spit Channel between
Chesapeake Channel Lighted Buoy 36
and Chesapeake Channel Lighted Buoy
38, west of Cape Charles. The new
anchorage would be located in naturally
deep water with charted depths in
excess of 60 feet and would have two
500 yard, swing-radius berths.
Current trends indicate that shipping
companies will call on the Port of
Hampton Roads using larger, deeper
draft vessels, thereby creating a need for
fewer trips when visiting the Port of
Hampton Roads in the future. With the
increase in size, The Navigation Plan for
the Port of Hampton Roads, conducted
by the USACE in February of 2000,
indicated that by the year 2010 almost
40 percent of containerized cargo will
be moved on ships capable of carrying
4,000 twenty-foot trailer equivalent
units (TEU). Some ‘‘Mega Ships’’
already in service are capable of
carrying up to 6,000 TEUs. The average
container ship calling on the port today
carries between 1,500 and 4,000 TEUs.
The bulk carriers that call on the Port
of Hampton Roads have also increased
in size and will play a significant role
in the port’s future design
considerations. In addition to the
projected increase in the size of vessels
calling on the Port of Hampton Roads,
there are two infrastructure
improvement projects in the port that
affect the anchorage grounds. In
September 2001, APM Terminals North
America, Inc. (Maersk) purchased 570
acres of property located on the
Elizabeth River, south of Craney Island.
Current anchorage [33 CFR 110.168(a)]
A—Cape Henry Naval Anchorage (1) ................
B—Chesapeake Bay, Thimble Shoals Channel
Naval Anchorage (CBTSC) [(2)(i)].
C—CBTSC Naval Anchorage [(2)(ii)] .................
D—CBTSC Navel Anchorage [(2)(iii)] ................
E—Commercial Explosive Anchorage [(2)(iv)] ...
E–1—Explosive Handling Berth [(2)(v)(A)] .........
F—Hampton Bar [(3)(i)] ......................................
F–1—[(3)(i)(A)] ....................................................
F–2—[(3)(i)(B)] ....................................................
G—Hampton Flats Naval Explosives Anchorage
[(3)(ii)].
G–1—Explosives Handling Berth [(3)(ii)(A)] .......
G–2—Explosives Handling Berth [(3)(ii)(B)] .......
G–3—Explosives Handling Berth [(3)(ii)(C)] .......
G–4—Explosives Handling Berth [(3)(ii)(D)] .......
H—Newport News Bar [(3)(iii)] ...........................
I—Newport News [(4)(i)] .....................................
I–1 [(4)(i)(A)] .......................................................
I–2 [(4)(i)(B)] .......................................................
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Dredging has begun in the vicinity of
Anchorage P for the development of a
major marine container handling facility
on this property. The first ship is due to
moor at this new terminal sometime in
2007. Anchorage P lies between the
future terminal and the Federal
navigation channel. Parts of Anchorage
P will be made unusable following
completion of the terminal and the
approach channels. Maersk has
requested the discontinuation of
Anchorage P.
Likewise, the construction of the
Norfolk International Terminal North
(NIT North) approach channel, which
passes through the existing Anchorage
M, has rendered that anchorage
unusable. This proposed rule would
discontinue Anchorage M.
To further enhance the safety of the
port anchorages, this rule proposes to
amend the regulations of the boundaries
of Berths 3 and 4 within Explosive
Anchorage G. Currently, these berths
overlap each other and pose a potential
hazard to anchored vessels. The
proposed rule would separate the
berths, eliminating the risk of collision
as a result of overlapping swing circles.
The proposed rule would rename
existing Anchorage R as Anchorage M,
rename existing Anchorage T as
Anchorage N, rename existing
Anchorage U, The Hague, as Anchorage
O, The Hague.
The proposed rule would eliminate
existing Anchorages Q and S. The
proposed changes are listed in the
following Table:
Proposed change
No change.
No change.
No change.
No change.
No change.
No change.
No changes to anchorage limits. One 500-yard swing radius berth would replace two 400 yard
swing radius berths. Single berth dredged to a depth of 50 feet in 1998, authorized depth 55
feet. New regulations would be included in part [(e)(3)] excluding vessels with drafts less
than 45 ft from using Anchorage F without permission from the Captain of the Port. Previously, vessels with a draft less than 40 ft and a length of less than 700 ft were excluded.
Designation would refer to 500 yard berth.
Discontinue F–2.
New center positions created for Berths 3 and 4, which would remove overlapping circumferences.
No change.
No change.
A new center position would replace current center position to remove overlapping circumferences with G–4.
A new center position would replace current center position to remove overlapping circumferences with G–3.
No change.
No change.
No change.
A new center position would replace current center position removing ambiguous boundary
lines.
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Current anchorage [33 CFR 110.168(a)]
Proposed change
J—Newport News Middle Ground [(4)(ii)] ..........
K—Newport News Middle Ground [(4)(iii)] .........
New boundary lines are proposed.
New boundary lines are proposed. Replace boundary lines for K–1 and K–2 with berth circumferences. We propose to remove K–3.
K–1 would have a 400 yard swing radius and be maintained at a depth of 45 ft. Future plans
include increasing the swing radius to 500 yards.
K–2 would have a 400 yard swing radius and be maintained at a depth of 45 ft. Future plans
include increasing the depth to 45 ft.
We propose to remove K–3 and establish a new quarantine anchorage adjacent to Cape
Charles, east of York Spit Channel.
New boundary lines are proposed.
Old Anchorage M would be eliminated.
K–1—East Anchorage [(4)(iii)(A)] .......................
K–2—West Anchorage [(4)(iii)(B)] ......................
K–3—Quarantine Berth [(4)(iii)(C)] .....................
L—Craney Island Flats [(4)(iv)] ..........................
M—Norfolk Harbor Channel Anchorages,
(NHCA) [(5)(i)].
N—NHCA [(5)(ii)] ................................................
O—NHCA [(5)(iii)] ...............................................
P—Lambert’s Point [(6)(i)] ..................................
Q—Elizabeth River Anchorage (ERA) [(6)(ii)] ....
R—ERA, Port Norfolk [(6)(iii)] .............................
S—ERA, Port Norfolk [(6)(iv)] .............................
T—ERA, Hospital Point [(6)(v)] ..........................
U—The Hague [(7)] ............................................
Q—Quarantine Anchorage .................................
Discussion of Comments and Changes
Based on a comment received via
telephone from NOAA’s Nautical Data
Branch in Baltimore, the second
coordinate in Anchorage N, Hospital
Point, listed as 36°51′05.4″ N 76°18′
22.4″ W, has been moved to the final
position in the listing of new Anchorage
N coordinates putting the positions in
their intended sequence. Also noted by
NOAA, the center coordinate for Berth
Q–2 was inadvertently excluded from
the NPRM when published in the
Federal Register. The center coordinate
for Berth Q–2 has been added.
The letter P, included in error in the
final paragraph of the NPRM, has been
changed to Q denoting the designation
of the new Quarantine Anchorage.
The boundary lines for Anchorages J,
K, and L have been changed to exclude
vessels from anchoring in the Fairway
For Shallow Draft Vessels and Tows.
Discussion of Proposed Rule
No changes are proposed for
Anchorage grounds A, B, C, D, and E.
Regulations for Anchorage F would
establish one 500 yard radius berth (F–
1) that would replace the two 400 yard
radius berths. Under our proposed
regulations, vessels with a draft less
than 45 feet would not be able to anchor
in berth F–1 without permission from
the Captain of the Port. Currently,
vessels with a draft less than 40 feet and
a length of less than 700 feet are
excluded from using Anchorage F
without permission from the Captain of
the Port. Anchorage berth F–2 would be
discontinued.
New center positions have been
calculated for Berths G–3 and G–4 to
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Old Anchorage N would be eliminated.
Old Anchorage O would be eliminated.
We would eliminate Anchorage P.
Old Anchorage Q would be eliminated.
Current Anchorage R would be redesignated Anchorage M.
We would eliminate Anchorage S.
We would rename Anchorage T Anchorage N.
We would discontinue the use of the Anchorage U designation. Current Anchorage U would
be redesignated Anchorage O.
We propose to establish a new quarantine anchorage adjacent to Cape Charles east of York
Spit Channel.
separate intersecting circumferences.
This action would remove any
ambiguity and address safety concerns
involving overlapping swing circles.
Berths G–1 and G–2 would remain
unchanged. No changes are proposed for
Anchorage H.
A new center position has been
calculated for Berth I–2 placing it
entirely within the boundary
surrounding Anchorage I. The new
position will move the berth northeast
and remove any ambiguity associated
with the limits of Anchorage I or Berth
I–2.
Since publication of the NPRM the
boundary of Anchorage J has been
changed excluding the portion north of
the Fairway For Shallow Draft Vessels
and Tows and now lies entirely south of
that channel. The boundary for
Anchorage K has changed after giving
up Anchorage K Lower to Anchorage J
and absorbing the section of Anchorage
J north of the Fairway For Shallow Draft
Vessels and Tows. There are no ongoing
improvement projects occurring in
Anchorage K other than those required
to maintain the two 400 yard radius
berths. The circular boundary lines for
Berth K–1, East Anchorage, and for
Berth K–2, West Anchorage, would be
shown on future chart editions instead
of the current linear berth boundaries.
Berth K–3 would be discontinued. The
coordinates for Anchorage L now all
reside south of the Fairway For Shallow
Draft Vessels and Tows excluding
vessels from anchoring in that channel.
Anchorage M, formerly referred to as
Anchorage R, and Anchorage N,
formerly referred to as Anchorage T,
would remain available for small boat
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usage. Anchorage O, formerly referred to
as Anchorage U, or The Hague, would
also remain available for small boat
usage.
A new anchorage would be
established to replace the current
quarantine berth designated K–3. The
current language in 33 CFR 110.168
listing specific regulations for Berth K–
3 will be removed. The new quarantine
anchorage would be designated Q and
located east of York River Spit Channel
between Chesapeake Channel Lighted
Buoy 36 and Chesapeake Channel
Lighted Buoy 38. Two berths, Q–1 and
Q–2, each having a radius of 500 yards,
would be designated within Anchorage
Q. Specific regulations for Quarantine
Anchorage, Anchorage Q, formerly
Berth K–3, have been added to section
(e) of the revised regulation. The letter
designations P, R, S, T, and U would be
discontinued.
Regulatory Evaluation
This proposed 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. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The proposed rule
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changes complement current anchorage
usage and waterway modifications made
by the USACE resulting in minimal
impact.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The proposed rule would affect
the owners or operators of small
pleasure craft wishing to anchor in the
Elizabeth River anchorages that would
be discontinued due to shallow natural
water depths.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have 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 proposed rule so that
they can better evaluate its affects 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 Lieutenant
Junior Grade Timothy Martin, Fifth
Coast Guard District (oan), at (757) 398–
6285. 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
The proposed 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
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would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed 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 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
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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
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 proposed rule does not use
technical standards.
Therefore, we did not consider the
use of voluntary consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D, 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)(f), of the
Instruction, from further environmental
documentation. The proposed rule deals
directly with establishing,
disestablishing and renaming anchorage
areas.
A draft ‘‘Environmental Analysis
Check list’’ and a draft ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make a
final decision on whether the rule
should be categorically excluded from
further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
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For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
with a radius of 500 yards and with the
center located at:
Latitude
36°59′05.0″ N.
Longitude
76°11′23.0″ W.
(3) Hampton Roads Anchorages. (i)
Anchorage F, Hampton Bar. The waters
bounded by a line connecting the
following points:
1. The authority for part 110
continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, and 2071; 33 CFR 1.05–
1(g); Department of Homeland Security
Delegation No. 0170.1.
2. Revise § 110.168 to read as follows:
Latitude
36°59′51.6″
36°59′25.2″
36°58′49.1″
36°59′25.0″
N.
N.
N.
N.
Longitude
76°19′12.0″
76°18′48.5″
76°19′33.8″
76°20′07.0″
W.
W.
W.
W.
(ii) Anchorage Berth F–1. The waters
bounded by a line connecting the arc of
(a) Anchorage Grounds. (1) Anchorage a circle with a radius of 500 yards and
with the center located at:
A (Naval Anchorage). The waters
bounded by the shoreline and a line
Latitude
Longitude
connecting the following points:
36°59′29.1″ N.
76°19′15.1″ W.
§ 110.168 Hampton Roads, Virginia and
adjacent waters (Datum: NAD 83).
Latitude
36°55′33.0″
36°57′02.8″
36°56′45.0″
36°55′54.0″
N.
N.
N.
N.
Longitude
76°02′47.0″
76°03′02.6″
76°01′30.0″
76°01′37.0″
(iii) Anchorage G, Hampton Flats
(Naval Explosives Anchorage). The
waters bounded by a line connecting the
following points:
W.
W.
W.
W.
(2) Chesapeake Bay, Thimble Shoals
Channel Anchorages.
(i) Anchorage B (Naval Anchorage).
The waters bounded by a line
connecting the following points:
Latitude
36°57′58.0″
36°57′11.0″
36°55′48.8″
36°56′31.8″
36°57′04.0″
36°57′08.5″
N.
N.
N.
N.
N.
N.
Longitude
76°06′07.0″
76°03′02.1″
76°03′14.0″
76°06′07.0″
76°06′07.0″
76°06′24.5″
W.
W.
W.
W.
W.
W.
N.
N.
N.
N.
Longitude
76°09′41.5″
76°07′18.0″
76°07′37.5″
76°10′00.0″
N.
N.
N.
N.
N.
N.
N.
Longitude
76°20′07.0″
76°19′33.8″
76°21′07.7″
76°21′26.7″
76°22′01.9″
76°22′03.0″
76°21′42.6″
W.
W.
W.
W.
W.
W.
W.
(iv) Explosives Handling Berth G–1.
The waters bounded by the arc of a
circle with a radius of 500 yards and
with the center located at:
(ii) Anchorage C (Naval Anchorage).
The waters bounded by a line
connecting the following points:
Latitude
36°58′54.8″
36°58′18.8″
36°57′27.0″
36°58′04.0″
Latitude
36°59′25.0″
36°58′49.1″
36°57′41.4″
36°57′34.6″
36°57′31.1″
36°58′07.0″
36°58′54.8″
W.
W.
W.
W.
Latitude
36°57′50.0″ N.
Longitude
76°21′37.0″ W.
(v) Explosives Handling Berth G–2.
The waters bounded by the arc of a
circle with a radius of 500 yards and
with the center located at:
Latitude
36°58′14.0″ N.
Longitude
76°21′01.5″ W.
(iii) Anchorage D (Naval Anchorage).
The waters bounded by the shoreline
and a line connecting the following
points:
(vi) Explosives Handling Berth G–3.
The waters bounded by the arc of a
circle with a radius of 500 yards and
with the center located at:
Latitude
36°55′49.0″
36°58′04.0″
36°57′31.2″
36°55′24.1″
Latitude
36°58′34.2″ N.
N.
N.
N.
N.
Longitude
76°10′32.8″
76°10′02.1″
76°07′54.8″
76°08′28.8″
W.
W.
W.
W.
(iv) Anchorage E (Commercial
Explosive Anchorage). The waters
bounded by a line connecting the
following points:
Latitude
36°59′58.7″
36°59′08.2″
36°58′13.0″
36°59′02.0″
N.
N.
N.
N.
Longitude
76°13′47.0″
76°10′33.8″
76°10′51.8″
76°14′10.2″
W.
W.
W.
W.
(v) Explosive Handling Berth E–1
(Explosives Anchorage Berth): The
waters bounded by the arc of a circle
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14:59 Mar 29, 2005
Jkt 205001
Longitude
76°20′31.4″ W.
(vii) Explosives Handling Berth G–4.
The waters bounded by the arc of a
circle with a radius of 500 yards and
with the center located at:
Latitude
36°58′54.9″ N.
Longitude
76°20′03.2″ W.
(viii) Anchorage H, Newport News
Bar. The waters bounded by a line
connecting the following points:
Latitude
36°58′07.0″
36°57′31.1″
36°57′18.0″
36°57′38.3″
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N.
N.
N.
N.
Fmt 4702
Longitude
76°22′03.0″
76°22′01.9″
76°24′11.2″
76°24′20.0″
Sfmt 4702
W.
W.
W.
W.
36°57′51.8″ N.
16199
76°22′31.0″ W.
(4) James River Anchorages. (i)
Anchorage I, Newport News. The waters
bounded by a line connecting the
following points:
Latitude
36°57′06.7″
36°56′22.6″
36°56′03.0″
36°57′53.7″
36°58′23.0″
36°58′48.5″
36°58′35.4″
36°57′51.7″
36°57′30.6″
N.
N.
N.
N.
N.
N.
N.
N.
N.
Longitude
76°24′44.3″
76°24′28.0″
76°24′37.0″
76°26′41.5″
76°27′11.0″
76°27′11.0″
76°26′38.4″
76°26′02.8″
76°25′34.5″
W.
W.
W.
W.
W.
W.
W.
W.
W.
(ii) Anchorage Berth I–1. The waters
bounded by the arc of a circle with a
radius of 400 yards and with the center
located at:
Latitude
36°57′08.5″ N.
Longitude
76°25′21.6″ W.
(iii) Anchorage Berth I–2. The waters
bounded by the arc of a circle with a
radius of 400 yards and with the center
located at:
Latitude
36°57′23.8″ N.
Longitude
76°25′46.0″ W.
(iv) Anchorage J, Newport News
Middle Ground. The waters bounded by
a line connecting the following points:
Latitude
36°55′59.9″
36°55′59.9″
36°56′25.3″
36°57′10.2″
36°57′12.0″
36°56′38.5″
36°56′38.5″
N.
N.
N.
N.
N.
N.
N.
Longitude
76°22′11.7″
76°24′00.0″
76°23′48.0″
76°24′09.9″
76°23′47.3″
76°21′39.1″
76°20′47.0″
W.
W.
W.
W.
W.
W.
W.
(v) Anchorage K, Newport News
Middle Ground. The waters bounded by
a line connecting the following points:
Latitude
36°57′56.4″
36°57′08.5″
36°56′48.8″
36°56′45.0″
36°56′45.0″
36°57′14.1″
36°57′28.1″
N.
N.
N.
N.
N.
N.
N.
Longitude
76°20′30.5″
76°20′31.0″
76°20′22.5″
76°20′32.0″
76°21′37.7″
76°23′29.1″
76°21′11.7″
W.
W.
W.
W.
W.
W.
W.
(vi) Anchorage Berth K–1. The waters
bounded by the arc of a circle with a
radius of 400 yards and with the center
located at:
Latitude
36°57′30.5″ N.
Longitude
76°20′45.3″ W.
(vii) Anchorage Berth K–2. The waters
bounded by the arc of a circle with a
radius of 400 yards and with the center
located at:
Latitude
36°57′16.8″ N.
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76°21′09.5″ W.
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules
(viii) Anchorage Berth L, Craney
Island Flats. The waters bounded by a
line connecting the following points:
Latitude
36°55′59.9″
36°56′38.5″
36°56′30.0″
36°56′04.2″
N.
N.
N.
N.
Longitude
76°22′11.7″
76°20′45.5″
76°20′24.3″
76°20′26.2″
W.
W.
W.
W.
(5) Elizabeth River Anchorages. (i)
Anchorage M, Port Norfolk. The waters
bounded by a line connecting the
following points:
Latitude
36°51′45.7″
36°51′45.8″
36°51′37.8″
36°51′32.5″
36°51′40.7″
36°51′45.7″
N.
N.
N.
N.
N.
N.
Longitude
76°19′31.5″
76°19′20.7″
76°19′24.3″
76°19′31.1″
76°19′37.3″
76°19′31.5″
W.
W.
W.
W.
W.
W.
(ii) Anchorage N, Hospital Point. The
waters bounded by a line connecting the
following points:
Latitude
36°50′50.0″
36°51′05.4″
36°50′36.7″
36°50′33.6″
36°50′49.3″
36°50′50.3″
36°50′56.2″
36°51′01.8″
N.
N.
N.
N.
N.
N.
N.
N.
Longitude
76°18′00.0″
76°18′22.4″
76°17′52.8″
76°17′58.8″
76°18′09.0″
76°18′07.8″
76°18′12.5″
76°18′32.3″
W.
W.
W.
W.
W.
W.
W.
W.
(iii) Anchorage O, The Hague. The
waters of the basin known as ‘‘The
Hague’’, north of the Brambleton
Avenue Bridge, except for the area
within 100 feet of the bridge span that
provides access to and from the
Elizabeth River.
(6) Anchorage Q. Quarantine
Anchorage. The waters bounded by a
line connecting the following points:
Latitude
37°17′13.7″
37°17′30.3″
37°16′25.0″
37°16′08.4″
N.
N.
N.
N.
Longitude
76°06′41.6″
76°05′53.9″
76°05′18.4″
76°06′06.0″
W.
W.
W.
W.
(i) Anchorage Berth Q–1. The waters
bounded by the arc of a circle with a
radius of 500 yards and with the center
located at:
Latitude
37°17′05.7″ N.
Longitude
76°0608.9″ W.
(ii) Anchorage Berth Q–2. The waters
bounded by the arc of a circle with a
radius of 500 yards with the center
located at:
Latitude
37°16′ 33.0″ N.
Longitude
76°05′51.1″ W.
(b) Definitions. As used in this
section—
Class 1 (explosive) materials means
Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
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14:59 Mar 29, 2005
Jkt 205001
Dangerous cargo means ‘‘certain
dangerous cargo’’ as defined in
§ 160.204 of this title.
U.S. naval vessel means any vessel
owned, operated, chartered, or leased by
the U.S. Navy; any pre-commissioned
vessel under construction for the U.S.
Navy, once launched into the water; and
any vessel under the operational control
of the U.S. Navy or a Combatant
Command.
(c) General regulations. (1) Except as
otherwise provided, this section applies
to vessels over 20 meters long and
vessels carrying or handling dangerous
cargo or Class 1 (explosive) materials
while anchored in an anchorage ground
described in this section.
(2) Except as otherwise provided, a
vessel may not occupy an anchorage for
more than 30 days, unless the vessel
obtains a permit from the Captain of the
Port.
(3) Except in an emergency, a vessel
that is likely to sink or otherwise
become a menace or obstruction to
navigation or to the anchoring of other
vessels, may not occupy an anchorage,
unless the vessel obtains a permit from
the Captain of the Port.
(4) The Captain of the Port may, upon
application, assign a vessel to a specific
berth within an anchorage for a
specified period of time.
(5) The Captain of the Port may grant
a revocable permit to a vessel for a
habitual use of a berth. Only the vessel
that holds the revocable permit may use
the berth during the period that the
permit is in effect.
(6) The Commander, Fifth Coast
Guard District, may authorize the
establishment and placement of
temporary mooring buoys within a
berth. Placement of a fixed structure
within an anchorage may be authorized
by the District Engineer, U.S. Army
Corps of Engineers.
(7) If an application is for the longterm lay up of a vessel, the Captain of
the Port may establish special
conditions in the permit with which the
vessel must comply.
(8) Upon notification by the Captain
of the Port to shift its position within an
anchorage, a vessel at anchor must get
underway at once or signal for a tug.
The vessel must move to its new
location within 2 hours after
notification.
(9) 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
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Sfmt 4702
maintaining communications guards on
selected radio frequencies.
(10) A vessel that does not have a
sufficient crew on board to weigh
anchor at any time must have two
anchors in place, unless the Captain of
the Port waives this requirement.
Members of the crew may not be
released until the required anchors have
been set.
(11) No vessel at anchor or at a
mooring within an anchorage may
transfer oil to another vessel unless the
vessel has given the Captain of the Port
the four hours advance notice required
by § 156.118 of this title.
(12) Barges may not anchor in the
deeper portions of anchorages or
interfere with the anchoring of deepdraft vessels.
(13) Barges towed in tandem to an
anchorage must be nested together when
anchored.
(14) Any vessel anchored or moored
in an anchorage adjacent to the
Chesapeake Bay Bridge Tunnel or
Monitor-Merrimac Bridge Tunnel
(MMBT) must be capable of getting
underway within 30 minutes with
sufficient power to keep free of the
bridge tunnel complex.
(15) A vessel may not anchor or moor
in an anchorage adjacent to the
Chesapeake Bay Bridge Tunnel or
Monitor-Merrimac Bridge Tunnel
(MMBT) if its steering or main
propulsion equipment is impaired.
(d) Regulations for vessels handling or
carrying dangerous cargoes or Class 1
(explosive) materials. This paragraph
applies to every vessel, except a naval
vessel, handling or carrying dangerous
cargoes or Class 1 (explosive) materials.
(1) Unless otherwise directed by the
Captain of the Port, each commercial
vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials
must be anchored or moored within
Anchorage Berth E–1.
(2) Each vessel, including each tug
and stevedore boat, used for loading or
unloading dangerous cargoes or Class 1
(explosive) materials in an anchorage,
must carry a written permit issued by
the Captain of the Port.
(3) The Captain of the Port may
require every person having business
aboard a vessel handling or carrying
dangerous cargoes or Class 1 (explosive)
materials while in an anchorage, other
than a member of the crew, to hold a
form of valid identification.
(4) Each person having business
aboard a vessel handling or carrying
dangerous cargoes or Class 1 (explosive)
materials while in an anchorage, other
than a member of the crew, must
present the pass or other form of
identification prescribed by paragraph
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules
(d)(3) of this section to any Coast Guard
boarding officer who requests it.
(5) The Captain of the Port may
revoke at any time a pass issued under
the authority of paragraph (d)(4) of this
section.
(6) Each non-self-propelled vessel
handling or carrying dangerous cargoes
or Class 1 (explosive) materials must
have a tug in attendance at all times
while at anchor.
(7) Each vessel handling or carrying
dangerous cargoes or Class 1 (explosive)
materials while at anchor must display
by day a red flag (Bravo flag) in a
prominent location and by night a fixed
red light.
(e) Regulations for Specific
Anchorages. (1) Anchorages A, B, C,
and D. Except for a naval vessel,
military support vessel, or vessel in an
emergency situation, a vessel may not
anchor in Anchorages A, B, C, or D
without the permission of the Captain of
the Port. The Captain of the Port must
consult with the Commander, Naval
Amphibious Base Little Creek, before
granting a vessel permission to anchor
in Anchorages A, B, C, or D.
(2) Anchorage E. (i) A vessel may not
anchor in Anchorage E without a permit
issued by the Captain of the Port.
(ii) The Captain of the Port must give
commercial vessels priority over naval
and public vessels.
(iii) The Captain of the Port may at
any time revoke a permit to anchor in
Anchorage E issued under the authority
of paragraph (e)(4)(i) of this section.
(iv) A vessel may not anchor in
Anchorage Berth E–1, unless it is
handling or carrying dangerous cargoes
or Class 1 (explosive) materials.
(v) A vessel may not anchor within
500 yards of Anchorage Berth E–1
without the permission of the Captain of
the Port, if the berth is occupied by a
vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials.
(3) Anchorage F. A vessel having a
draft less than 45 feet may not anchor
in Anchorage F without the permission
of the Captain of the Port. No vessel may
anchor in Anchorage F for a longer
period than 72 hours without
permission from the Captain of the Port.
Vessels expecting to be at anchor for
more than 72 hours must obtain
permission from the Captain of the Port.
(4) Anchorage G. (i) Except for a naval
vessel, a vessel may not anchor in
Anchorage G without the permission of
the Captain of the Port.
(ii) When handling or transferring
Class 1 (explosive) materials in
Anchorage G, naval vessels must
comply with Department of Defense
Ammunition and Explosives Safety
Standards, or the standards in this
VerDate jul<14>2003
14:59 Mar 29, 2005
Jkt 205001
section, whichever are the more
stringent.
(iii) When barges and other vessels are
berthed at the Ammunition Barge
Mooring Facility, located at latitude
36°58′34″ N., longitude 76°21′12″ W., no
other vessel, except a vessel that is
receiving or offloading Class 1
(explosive) materials, may anchor
within 1,000 yards of the Ammunition
Barge Mooring Facility. Vessels
transferring class 1 (explosive) materials
must display by day a red flag (Bravo
flag) in a prominent location and by
night a fixed red light.
(iv) Whenever a vessel is handling or
transferring Class 1 (explosive) materials
while at anchor in Anchorage G, no
other vessel may anchor in Anchorage G
without the permission of the Captain of
the Port. The Captain of the Port must
consult with the Commander, Naval
Station Norfolk, before granting a vessel
permission to anchor in Anchorage G.
(v) A vessel located within Anchorage
G may not handle or transfer Class 1
(explosive) materials within 400 yards
of Norfolk Harbor Entrance Reach.
(vi) A vessel may not handle or
transfer Class 1 (explosive) materials
within 850 yards of another anchored
vessel, unless the other vessel is also
handling or transferring Class 1
(explosive) materials.
(vii) A vessel may not handle or
transfer Class 1 (explosive) materials
within 850 yards of Anchorage F or H.
(5) Anchorage I: Anchorage Berths I–
1 and I–2. A vessel that is 500 feet or
less in length or that has a draft of 30
feet or less may not anchor in
Anchorage Berth I–1 or I–2 without the
permission of the Captain of the Port.
(6) Anchorage K: Anchorage Berths K–
1 and K–2. A vessel that is 500 feet or
less in length or that has a draft of 30
feet or less may not anchor in
Anchorage Berth K–1 or K–2 without
the permission of the Captain of the
Port.
(7) Anchorage N. Portions of this
anchorage are a special anchorage area
under § 110.72aa of this part during
marine events regulated under § 100.501
of this chapter.
(8) Anchorage O. (i) A vessel may not
anchor in Anchorage O unless it is a
recreational vessel.
(ii) No float, raft, lighter, houseboat, or
other craft may be laid up for any reason
in Anchorage O without the permission
of the Captain of the Port.
(9) Anchorage Q: Quarantine
Anchorage. (i) A vessel that is arriving
from or departing for sea and that
requires an examination by public
health, customs, or immigration
authorities shall anchor in Anchorage Q.
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Fmt 4702
Sfmt 4702
16201
(ii) Every vessel using Anchorage Q
must be prepared to move promptly
under its own power to another location
when directed by the Captain of the
Port, and must promptly vacate
Anchorage Q after being examined and
released by authorities.
(iii) Any non-self-propelled vessel
using Anchorage Q must have a tugboat
in attendance while undergoing
examination by quarantine, customs, or
immigration authorities, except with the
permission of the Captain of the Port.
Dated: March 14, 2005.
Sally Brice O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–6305 Filed 3–29–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–022]
RIN 1625–AA09
Drawbridge Operation Regulations;
Chelsea River, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
operating regulations governing the
operation of the P.J. McArdle Bridge,
mile 0.3, across the Chelsea River
between East Boston and Chelsea,
Massachusetts. This proposed rule
would allow the bridge to remain closed
from 9 a.m. to 5 p.m. on June 18, 2005,
to facilitate the second Annual Chelsea
River Revel 5K Road Race. Vessels that
can pass under the bridge without a
bridge opening may do so at all times.
DATES: Comments and related material
must reach the Coast Guard on or before
April 29, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(obr), First Coast Guard District Bridge
Branch, 408 Atlantic Avenue, Boston,
Massachusetts, 02110, or deliver them
to the same address between 6:30 a.m.
and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone
number is (617) 223–8364. The First
Coast Guard District, Bridge Branch,
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
E:\FR\FM\30MRP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16195-16201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6305]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-04-043]
RIN 1625-AA01
Anchorage Grounds, Hampton Roads, VA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise the anchorage regulations
in the Port of Hampton Roads. Infrastructure improvements and increases
in vessel traffic and draft entering the port have prompted this
proposed rulemaking. The proposed changes to this regulation will
ensure that the Hampton Roads Anchorage Grounds continue to safely
support current and future vessel anchoring demands. This supplemental
notice of proposed rulemaking (SNPRM) discusses changes made to
Anchorages J, K, and, L since publication of the notice of proposed
rulemaking (NPRM) in the Federal Register on September 27, 2004 (69 FR
57656). The changes are explained in the section titled ``Discussion of
Proposed Rule'' section of this document.
DATES: Comments must be received on or before April 29, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oan), Fifth Coast Guard District, 431 Crawford Street, Room 401,
Portsmouth, VA 23704-5004. Commander (oan), Fifth Coast Guard District,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the Fifth
Coast Guard District between 9 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District (oan), (757) 398-6285, between 9
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-04-
043), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please, submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Regulatory History
On September 27, 2004 the Coast Guard published a NPRM in the
Federal Register titled ``Anchorage Grounds, Hampton Roads, VA'' (69 FR
57656). This SNPRM provides further opportunity for the public to
comment on changes made to Anchorages J, K, and L.
Background and Purpose
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. In June 1986, the
U.S. Army Corps of Engineers (USACE) completed a study of the Norfolk
Harbor, including its anchorages. The study is entitled, ``General
Design Memorandum 1, Norfolk Harbor and Channels, Virginia, Main
Report.'' Comments from the Coast Guard, Navy, Virginia Port Authority,
Virginia Pilots Association and Hampton Roads Maritime Association
requesting improvements to Anchorages F and K were considered in the
study.
Anchorage F currently has two 400-yard radius berths. The USACE, in
1998, constructed a single 500-yard radius
[[Page 16196]]
berth for Anchorage F and is currently maintaining the anchorage at a
project depth of 50 feet. This proposed rule would change Anchorage F
to a single 500 yard radius berth to reflect the construction completed
by the USACE in 1998. The USACE was congressionally authorized in
November of 1986 to increase the channel depth of Anchorage F to 55
feet deep, see H. Doc. 99-85, 99th Cong., 1st session. Improvements
were also proposed by the Coast Guard to the Newport News Middle
Ground, Anchorage K, by increasing the easternmost berth, K-1 from a
swing radius of 400 yards to one of 500 yards. In addition, Berth K-2,
currently maintained at 40 feet, would be deepened to 45 feet. The
increase in size to Berth K-1, the increase in depth to Berth K-2, and
the increase in depth to Anchorage F have all been congressionally
authorized and will be scheduled once the increase in arrivals of
vessels with deeper drafts support the project. The circular boundaries
for Berth K-1, referred to as East Anchorage, and Berth K-2, referred
to as West Anchorage, will be shown on future chart editions for the
area when the final rule for this regulation is published.
It is proposed that the overall boundary of Anchorage K be changed
so that the entire anchorage lies north of the Fairway for Shallow
Draft Vessels and Tows.
A new quarantine anchorage, new Anchorage Q, is proposed to replace
Berth K-3, which is currently not maintained by the USACE. The new
quarantine anchorage would be located east of York Spit Channel between
Chesapeake Channel Lighted Buoy 36 and Chesapeake Channel Lighted Buoy
38, west of Cape Charles. The new anchorage would be located in
naturally deep water with charted depths in excess of 60 feet and would
have two 500 yard, swing-radius berths.
Current trends indicate that shipping companies will call on the
Port of Hampton Roads using larger, deeper draft vessels, thereby
creating a need for fewer trips when visiting the Port of Hampton Roads
in the future. With the increase in size, The Navigation Plan for the
Port of Hampton Roads, conducted by the USACE in February of 2000,
indicated that by the year 2010 almost 40 percent of containerized
cargo will be moved on ships capable of carrying 4,000 twenty-foot
trailer equivalent units (TEU). Some ``Mega Ships'' already in service
are capable of carrying up to 6,000 TEUs. The average container ship
calling on the port today carries between 1,500 and 4,000 TEUs. The
bulk carriers that call on the Port of Hampton Roads have also
increased in size and will play a significant role in the port's future
design considerations. In addition to the projected increase in the
size of vessels calling on the Port of Hampton Roads, there are two
infrastructure improvement projects in the port that affect the
anchorage grounds. In September 2001, APM Terminals North America, Inc.
(Maersk) purchased 570 acres of property located on the Elizabeth
River, south of Craney Island. Dredging has begun in the vicinity of
Anchorage P for the development of a major marine container handling
facility on this property. The first ship is due to moor at this new
terminal sometime in 2007. Anchorage P lies between the future terminal
and the Federal navigation channel. Parts of Anchorage P will be made
unusable following completion of the terminal and the approach
channels. Maersk has requested the discontinuation of Anchorage P.
Likewise, the construction of the Norfolk International Terminal
North (NIT North) approach channel, which passes through the existing
Anchorage M, has rendered that anchorage unusable. This proposed rule
would discontinue Anchorage M.
To further enhance the safety of the port anchorages, this rule
proposes to amend the regulations of the boundaries of Berths 3 and 4
within Explosive Anchorage G. Currently, these berths overlap each
other and pose a potential hazard to anchored vessels. The proposed
rule would separate the berths, eliminating the risk of collision as a
result of overlapping swing circles.
The proposed rule would rename existing Anchorage R as Anchorage M,
rename existing Anchorage T as Anchorage N, rename existing Anchorage
U, The Hague, as Anchorage O, The Hague.
The proposed rule would eliminate existing Anchorages Q and S. The
proposed changes are listed in the following Table:
------------------------------------------------------------------------
Current anchorage [33 CFR
110.168(a)] Proposed change
------------------------------------------------------------------------
A--Cape Henry Naval Anchorage No change.
(1).
B--Chesapeake Bay, Thimble No change.
Shoals Channel Naval
Anchorage (CBTSC) [(2)(i)].
C--CBTSC Naval Anchorage No change.
[(2)(ii)].
D--CBTSC Navel Anchorage No change.
[(2)(iii)].
E--Commercial Explosive No change.
Anchorage [(2)(iv)].
E-1--Explosive Handling Berth No change.
[(2)(v)(A)].
F--Hampton Bar [(3)(i)]...... No changes to anchorage limits. One 500-
yard swing radius berth would replace
two 400 yard swing radius berths. Single
berth dredged to a depth of 50 feet in
1998, authorized depth 55 feet. New
regulations would be included in part
[(e)(3)] excluding vessels with drafts
less than 45 ft from using Anchorage F
without permission from the Captain of
the Port. Previously, vessels with a
draft less than 40 ft and a length of
less than 700 ft were excluded.
F-1--[(3)(i)(A)]............. Designation would refer to 500 yard
berth.
F-2--[(3)(i)(B)]............. Discontinue F-2.
G--Hampton Flats Naval New center positions created for Berths 3
Explosives Anchorage and 4, which would remove overlapping
[(3)(ii)]. circumferences.
G-1--Explosives Handling No change.
Berth [(3)(ii)(A)].
G-2--Explosives Handling No change.
Berth [(3)(ii)(B)].
G-3--Explosives Handling A new center position would replace
Berth [(3)(ii)(C)]. current center position to remove
overlapping circumferences with G-4.
G-4--Explosives Handling A new center position would replace
Berth [(3)(ii)(D)]. current center position to remove
overlapping circumferences with G-3.
H--Newport News Bar No change.
[(3)(iii)].
I--Newport News [(4)(i)]..... No change.
I-1 [(4)(i)(A)].............. No change.
I-2 [(4)(i)(B)].............. A new center position would replace
current center position removing
ambiguous boundary lines.
[[Page 16197]]
J--Newport News Middle Ground New boundary lines are proposed.
[(4)(ii)].
K--Newport News Middle Ground New boundary lines are proposed. Replace
[(4)(iii)]. boundary lines for K-1 and K-2 with
berth circumferences. We propose to
remove K-3.
K-1--East Anchorage K-1 would have a 400 yard swing radius
[(4)(iii)(A)]. and be maintained at a depth of 45 ft.
Future plans include increasing the
swing radius to 500 yards.
K-2--West Anchorage K-2 would have a 400 yard swing radius
[(4)(iii)(B)]. and be maintained at a depth of 45 ft.
Future plans include increasing the
depth to 45 ft.
K-3--Quarantine Berth We propose to remove K-3 and establish a
[(4)(iii)(C)]. new quarantine anchorage adjacent to
Cape Charles, east of York Spit Channel.
L--Craney Island Flats New boundary lines are proposed.
[(4)(iv)].
M--Norfolk Harbor Channel Old Anchorage M would be eliminated.
Anchorages, (NHCA) [(5)(i)].
N--NHCA [(5)(ii)]............ Old Anchorage N would be eliminated.
O--NHCA [(5)(iii)]........... Old Anchorage O would be eliminated.
P--Lambert's Point [(6)(i)].. We would eliminate Anchorage P.
Q--Elizabeth River Anchorage Old Anchorage Q would be eliminated.
(ERA) [(6)(ii)].
R--ERA, Port Norfolk Current Anchorage R would be redesignated
[(6)(iii)]. Anchorage M.
S--ERA, Port Norfolk We would eliminate Anchorage S.
[(6)(iv)].
T--ERA, Hospital Point We would rename Anchorage T Anchorage N.
[(6)(v)].
U--The Hague [(7)]........... We would discontinue the use of the
Anchorage U designation. Current
Anchorage U would be redesignated
Anchorage O.
Q--Quarantine Anchorage...... We propose to establish a new quarantine
anchorage adjacent to Cape Charles east
of York Spit Channel.
------------------------------------------------------------------------
Discussion of Comments and Changes
Based on a comment received via telephone from NOAA's Nautical Data
Branch in Baltimore, the second coordinate in Anchorage N, Hospital
Point, listed as 36[deg]51'05.4'' N 76[deg]18' 22.4'' W, has been moved
to the final position in the listing of new Anchorage N coordinates
putting the positions in their intended sequence. Also noted by NOAA,
the center coordinate for Berth Q-2 was inadvertently excluded from the
NPRM when published in the Federal Register. The center coordinate for
Berth Q-2 has been added.
The letter P, included in error in the final paragraph of the NPRM,
has been changed to Q denoting the designation of the new Quarantine
Anchorage.
The boundary lines for Anchorages J, K, and L have been changed to
exclude vessels from anchoring in the Fairway For Shallow Draft Vessels
and Tows.
Discussion of Proposed Rule
No changes are proposed for Anchorage grounds A, B, C, D, and E.
Regulations for Anchorage F would establish one 500 yard radius berth
(F-1) that would replace the two 400 yard radius berths. Under our
proposed regulations, vessels with a draft less than 45 feet would not
be able to anchor in berth F-1 without permission from the Captain of
the Port. Currently, vessels with a draft less than 40 feet and a
length of less than 700 feet are excluded from using Anchorage F
without permission from the Captain of the Port. Anchorage berth F-2
would be discontinued.
New center positions have been calculated for Berths G-3 and G-4 to
separate intersecting circumferences. This action would remove any
ambiguity and address safety concerns involving overlapping swing
circles. Berths G-1 and G-2 would remain unchanged. No changes are
proposed for Anchorage H.
A new center position has been calculated for Berth I-2 placing it
entirely within the boundary surrounding Anchorage I. The new position
will move the berth northeast and remove any ambiguity associated with
the limits of Anchorage I or Berth I-2.
Since publication of the NPRM the boundary of Anchorage J has been
changed excluding the portion north of the Fairway For Shallow Draft
Vessels and Tows and now lies entirely south of that channel. The
boundary for Anchorage K has changed after giving up Anchorage K Lower
to Anchorage J and absorbing the section of Anchorage J north of the
Fairway For Shallow Draft Vessels and Tows. There are no ongoing
improvement projects occurring in Anchorage K other than those required
to maintain the two 400 yard radius berths. The circular boundary lines
for Berth K-1, East Anchorage, and for Berth K-2, West Anchorage, would
be shown on future chart editions instead of the current linear berth
boundaries. Berth K-3 would be discontinued. The coordinates for
Anchorage L now all reside south of the Fairway For Shallow Draft
Vessels and Tows excluding vessels from anchoring in that channel.
Anchorage M, formerly referred to as Anchorage R, and Anchorage N,
formerly referred to as Anchorage T, would remain available for small
boat usage. Anchorage O, formerly referred to as Anchorage U, or The
Hague, would also remain available for small boat usage.
A new anchorage would be established to replace the current
quarantine berth designated K-3. The current language in 33 CFR 110.168
listing specific regulations for Berth K-3 will be removed. The new
quarantine anchorage would be designated Q and located east of York
River Spit Channel between Chesapeake Channel Lighted Buoy 36 and
Chesapeake Channel Lighted Buoy 38. Two berths, Q-1 and Q-2, each
having a radius of 500 yards, would be designated within Anchorage Q.
Specific regulations for Quarantine Anchorage, Anchorage Q, formerly
Berth K-3, have been added to section (e) of the revised regulation.
The letter designations P, R, S, T, and U would be discontinued.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The proposed rule
[[Page 16198]]
changes complement current anchorage usage and waterway modifications
made by the USACE resulting in minimal impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule would affect the owners or
operators of small pleasure craft wishing to anchor in the Elizabeth
River anchorages that would be discontinued due to shallow natural
water depths.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
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 proposed rule so that they can better
evaluate its affects 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 Lieutenant Junior Grade Timothy
Martin, Fifth Coast Guard District (oan), at (757) 398-6285. 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
The proposed 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed 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 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.
Energy Effects
We have analyzed this proposed 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 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 proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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)(f), of the Instruction, from further environmental
documentation. The proposed rule deals directly with establishing,
disestablishing and renaming anchorage areas.
A draft ``Environmental Analysis Check list'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make a final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
[[Page 16199]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. Revise Sec. 110.168 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]55'33.0'' N. 76[deg]02'47.0'' W.
36[deg]57'02.8'' N. 76[deg]03'02.6'' W.
36[deg]56'45.0'' N. 76[deg]01'30.0'' W.
36[deg]55'54.0'' N. 76[deg]01'37.0'' 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]57'58.0'' N. 76[deg]06'07.0'' W.
36[deg]57'11.0'' N. 76[deg]03'02.1'' W.
36[deg]55'48.8'' N. 76[deg]03'14.0'' W.
36[deg]56'31.8'' N. 76[deg]06'07.0'' W.
36[deg]57'04.0'' N. 76[deg]06'07.0'' W.
36[deg]57'08.5'' N. 76[deg]06'24.5'' W.
(ii) Anchorage C (Naval Anchorage). The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]58'54.8'' N. 76[deg]09'41.5'' W.
36[deg]58'18.8'' N. 76[deg]07'18.0'' W.
36[deg]57'27.0'' N. 76[deg]07'37.5'' W.
36[deg]58'04.0'' N. 76[deg]10'00.0'' W.
(iii) Anchorage D (Naval Anchorage). The waters bounded by the
shoreline and a line connecting the following points:
Latitude Longitude
36[deg]55'49.0'' N. 76[deg]10'32.8'' W.
36[deg]58'04.0'' N. 76[deg]10'02.1'' W.
36[deg]57'31.2'' N. 76[deg]07'54.8'' W.
36[deg]55'24.1'' N. 76[deg]08'28.8'' W.
(iv) Anchorage E (Commercial Explosive Anchorage). The waters
bounded by a line connecting the following points:
Latitude Longitude
36[deg]59'58.7'' N. 76[deg]13'47.0'' W.
36[deg]59'08.2'' N. 76[deg]10'33.8'' W.
36[deg]58'13.0'' N. 76[deg]10'51.8'' W.
36[deg]59'02.0'' N. 76[deg]14'10.2'' W.
(v) Explosive Handling Berth E-1 (Explosives Anchorage Berth): The
waters bounded by the arc of a circle with a radius of 500 yards and
with the center located at:
Latitude Longitude
36[deg]59'05.0'' N. 76[deg]11'23.0'' W.
(3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]59'51.6'' N. 76[deg]19'12.0'' W.
36[deg]59'25.2'' N. 76[deg]18'48.5'' W.
36[deg]58'49.1'' N. 76[deg]19'33.8'' W.
36[deg]59'25.0'' N. 76[deg]20'07.0'' W.
(ii) Anchorage Berth F-1. The waters bounded by a line connecting
the arc of a circle with a radius of 500 yards and with the center
located at:
Latitude Longitude
36[deg]59'29.1'' N. 76[deg]19'15.1'' W.
(iii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]59'25.0'' N. 76[deg]20'07.0'' W.
36[deg]58'49.1'' N. 76[deg]19'33.8'' W.
36[deg]57'41.4'' N. 76[deg]21'07.7'' W.
36[deg]57'34.6'' N. 76[deg]21'26.7'' W.
36[deg]57'31.1'' N. 76[deg]22'01.9'' W.
36[deg]58'07.0'' N. 76[deg]22'03.0'' W.
36[deg]58'54.8'' N. 76[deg]21'42.6'' W.
(iv) Explosives Handling Berth G-1. The waters bounded by the arc
of a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]57'50.0'' N. 76[deg]21'37.0'' W.
(v) Explosives Handling Berth G-2. The waters bounded by the arc of
a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'14.0'' N. 76[deg]21'01.5'' W.
(vi) Explosives Handling Berth G-3. The waters bounded by the arc
of a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'34.2'' N. 76[deg]20'31.4'' W.
(vii) Explosives Handling Berth G-4. The waters bounded by the arc
of a circle with a radius of 500 yards and with the center located at:
Latitude Longitude
36[deg]58'54.9'' N. 76[deg]20'03.2'' W.
(viii) Anchorage H, Newport News Bar. The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]58'07.0'' N. 76[deg]22'03.0'' W.
36[deg]57'31.1'' N. 76[deg]22'01.9'' W.
36[deg]57'18.0'' N. 76[deg]24'11.2'' W.
36[deg]57'38.3'' N. 76[deg]24'20.0'' W.
36[deg]57'51.8'' N. 76[deg]22'31.0'' W.
(4) James River Anchorages. (i) Anchorage I, Newport News. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]57'06.7'' N. 76[deg]24'44.3'' W.
36[deg]56'22.6'' N. 76[deg]24'28.0'' W.
36[deg]56'03.0'' N. 76[deg]24'37.0'' W.
36[deg]57'53.7'' N. 76[deg]26'41.5'' W.
36[deg]58'23.0'' N. 76[deg]27'11.0'' W.
36[deg]58'48.5'' N. 76[deg]27'11.0'' W.
36[deg]58'35.4'' N. 76[deg]26'38.4'' W.
36[deg]57'51.7'' N. 76[deg]26'02.8'' W.
36[deg]57'30.6'' N. 76[deg]25'34.5'' W.
(ii) Anchorage Berth I-1. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'08.5'' N. 76[deg]25'21.6'' W.
(iii) Anchorage Berth I-2. The waters bounded by the arc of a
circle with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'23.8'' N. 76[deg]25'46.0'' W.
(iv) Anchorage J, Newport News Middle Ground. The waters bounded by
a line connecting the following points:
Latitude Longitude
36[deg]55'59.9'' N. 76[deg]22'11.7'' W.
36[deg]55'59.9'' N. 76[deg]24'00.0'' W.
36[deg]56'25.3'' N. 76[deg]23'48.0'' W.
36[deg]57'10.2'' N. 76[deg]24'09.9'' W.
36[deg]57'12.0'' N. 76[deg]23'47.3'' W.
36[deg]56'38.5'' N. 76[deg]21'39.1'' W.
36[deg]56'38.5'' N. 76[deg]20'47.0'' W.
(v) Anchorage K, Newport News Middle Ground. The waters bounded by
a line connecting the following points:
Latitude Longitude
36[deg]57'56.4'' N. 76[deg]20'30.5'' W.
36[deg]57'08.5'' N. 76[deg]20'31.0'' W.
36[deg]56'48.8'' N. 76[deg]20'22.5'' W.
36[deg]56'45.0'' N. 76[deg]20'32.0'' W.
36[deg]56'45.0'' N. 76[deg]21'37.7'' W.
36[deg]57'14.1'' N. 76[deg]23'29.1'' W.
36[deg]57'28.1'' N. 76[deg]21'11.7'' W.
(vi) Anchorage Berth K-1. The waters bounded by the arc of a circle
with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'30.5'' N. 76[deg]20'45.3'' W.
(vii) Anchorage Berth K-2. The waters bounded by the arc of a
circle with a radius of 400 yards and with the center located at:
Latitude Longitude
36[deg]57'16.8'' N. 76[deg]21'09.5'' W.
[[Page 16200]]
(viii) Anchorage Berth L, Craney Island Flats. The waters bounded
by a line connecting the following points:
Latitude Longitude
36[deg]55'59.9'' N. 76[deg]22'11.7'' W.
36[deg]56'38.5'' N. 76[deg]20'45.5'' W.
36[deg]56'30.0'' N. 76[deg]20'24.3'' W.
36[deg]56'04.2'' N. 76[deg]20'26.2'' W.
(5) Elizabeth River Anchorages. (i) Anchorage M, Port Norfolk. The
waters bounded by a line connecting the following points:
Latitude Longitude
36[deg]51'45.7'' N. 76[deg]19'31.5'' W.
36[deg]51'45.8'' N. 76[deg]19'20.7'' W.
36[deg]51'37.8'' N. 76[deg]19'24.3'' W.
36[deg]51'32.5'' N. 76[deg]19'31.1'' W.
36[deg]51'40.7'' N. 76[deg]19'37.3'' W.
36[deg]51'45.7'' N. 76[deg]19'31.5'' W.
(ii) Anchorage N, Hospital Point. The waters bounded by a line
connecting the following points:
Latitude Longitude
36[deg]50'50.0'' N. 76[deg]18'00.0'' W.
36[deg]51'05.4'' N. 76[deg]18'22.4'' W.
36[deg]50'36.7'' N. 76[deg]17'52.8'' W.
36[deg]50'33.6'' N. 76[deg]17'58.8'' W.
36[deg]50'49.3'' N. 76[deg]18'09.0'' W.
36[deg]50'50.3'' N. 76[deg]18'07.8'' W.
36[deg]50'56.2'' N. 76[deg]18'12.5'' W.
36[deg]51'01.8'' N. 76[deg]18'32.3'' W.
(iii) Anchorage O, The Hague. The waters of the basin known as
``The Hague'', north of the Brambleton Avenue Bridge, except for the
area within 100 feet of the bridge span that provides access to and
from the Elizabeth River.
(6) Anchorage Q. Quarantine Anchorage. The waters bounded by a line
connecting the following points:
Latitude Longitude
37[deg]17'13.7'' N. 76[deg]06'41.6'' W.
37[deg]17'30.3'' N. 76[deg]05'53.9'' W.
37[deg]16'25.0'' N. 76[deg]05'18.4'' W.
37[deg]16'08.4'' N. 76[deg]06'06.0'' W.
(i) Anchorage Berth Q-1. The waters bounded by the arc of a circle
with a radius of 500 yards and with the center located at:
Latitude Longitude
37[deg]17'05.7'' N. 76[deg]0608.9'' W.
(ii) Anchorage Berth Q-2. The waters bounded by the arc of a circle
with a radius of 500 yards with the center located at:
Latitude Longitude
37[deg]16' 33.0'' N. 76[deg]05'51.1'' W.
(b) Definitions. As used in this section--
Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
Dangerous cargo means ``certain dangerous cargo'' as defined in
Sec. 160.204 of this title.
U.S. naval vessel means any vessel owned, operated, chartered, or
leased by the U.S. Navy; any pre-commissioned vessel under construction
for the U.S. Navy, once launched into the water; and any vessel under
the operational control of the U.S. Navy or a Combatant Command.
(c) General regulations. (1) Except as otherwise provided, this
section applies to vessels over 20 meters long and vessels carrying or
handling dangerous cargo or Class 1 (explosive) materials while
anchored in an anchorage ground described in this section.
(2) Except as otherwise provided, a vessel may not occupy an
anchorage for more than 30 days, unless the vessel obtains a permit
from the Captain of the Port.
(3) Except in an emergency, a vessel that is likely to sink or
otherwise become a menace or obstruction to navigation or to the
anchoring of other vessels, may not occupy an anchorage, unless the
vessel obtains a permit from the Captain of the Port.
(4) The Captain of the Port may, upon application, assign a vessel
to a specific berth within an anchorage for a specified period of time.
(5) The Captain of the Port may grant a revocable permit to a
vessel for a habitual use of a berth. Only the vessel that holds the
revocable permit may use the berth during the period that the permit is
in effect.
(6) The Commander, Fifth Coast Guard District, may authorize the
establishment and placement of temporary mooring buoys within a berth.
Placement of a fixed structure within an anchorage may be authorized by
the District Engineer, U.S. Army Corps of Engineers.
(7) If an application is for the long-term lay up of a vessel, the
Captain of the Port may establish special conditions in the permit with
which the vessel must comply.
(8) Upon notification by the Captain of the Port to shift its
position within an anchorage, a vessel at anchor must get underway at
once or signal for a tug. The vessel must move to its new location
within 2 hours after notification.
(9) 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 communications guards on
selected radio frequencies.
(10) A vessel that does not have a sufficient crew on board to
weigh anchor at any time must have two anchors in place, unless the
Captain of the Port waives this requirement. Members of the crew may
not be released until the required anchors have been set.
(11) No vessel at anchor or at a mooring within an anchorage may
transfer oil to another vessel unless the vessel has given the Captain
of the Port the four hours advance notice required by Sec. 156.118 of
this title.
(12) Barges may not anchor in the deeper portions of anchorages or
interfere with the anchoring of deep-draft vessels.
(13) Barges towed in tandem to an anchorage must be nested together
when anchored.
(14) Any vessel anchored or moored in an anchorage adjacent to the
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT)
must be capable of getting underway within 30 minutes with sufficient
power to keep free of the bridge tunnel complex.
(15) A vessel may not anchor or moor in an anchorage adjacent to
the Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel
(MMBT) if its steering or main propulsion equipment is impaired.
(d) Regulations for vessels handling or carrying dangerous cargoes
or Class 1 (explosive) materials. This paragraph applies to every
vessel, except a naval vessel, handling or carrying dangerous cargoes
or Class 1 (explosive) materials.
(1) Unless otherwise directed by the Captain of the Port, each
commercial vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials must be anchored or moored within Anchorage Berth
E-1.
(2) Each vessel, including each tug and stevedore boat, used for
loading or unloading dangerous cargoes or Class 1 (explosive) materials
in an anchorage, must carry a written permit issued by the Captain of
the Port.
(3) The Captain of the Port may require every person having
business aboard a vessel handling or carrying dangerous cargoes or
Class 1 (explosive) materials while in an anchorage, other than a
member of the crew, to hold a form of valid identification.
(4) Each person having business aboard a vessel handling or
carrying dangerous cargoes or Class 1 (explosive) materials while in an
anchorage, other than a member of the crew, must present the pass or
other form of identification prescribed by paragraph
[[Page 16201]]
(d)(3) of this section to any Coast Guard boarding officer who requests
it.
(5) The Captain of the Port may revoke at any time a pass issued
under the authority of paragraph (d)(4) of this section.
(6) Each non-self-propelled vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials must have a tug in attendance
at all times while at anchor.
(7) Each vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials while at anchor must display by day a red flag
(Bravo flag) in a prominent location and by night a fixed red light.
(e) Regulations for Specific Anchorages. (1) Anchorages A, B, C,
and D. Except for a naval vessel, military support vessel, or vessel in
an emergency situation, a vessel may not anchor in Anchorages A, B, C,
or D without the permission of the Captain of the Port. The Captain of
the Port must consult with the Commander, Naval Amphibious Base Little
Creek, before granting a vessel permission to anchor in Anchorages A,
B, C, or D.
(2) Anchorage E. (i) A vessel may not anchor in Anchorage E without
a permit issued by the Captain of the Port.
(ii) The Captain of the Port must give commercial vessels priority
over naval and public vessels.
(iii) The Captain of the Port may at any time revoke a permit to
anchor in Anchorage E issued under the authority of paragraph (e)(4)(i)
of this section.
(iv) A vessel may not anchor in Anchorage Berth E-1, unless it is
handling or carrying dangerous cargoes or Class 1 (explosive)
materials.
(v) A vessel may not anchor within 500 yards of Anchorage Berth E-1
without the permission of the Captain of the Port, if the berth is
occupied by a vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials.
(3) Anchorage F. A vessel having a draft less than 45 feet may not
anchor in Anchorage F without the permission of the Captain of the
Port. No vessel may anchor in Anchorage F for a longer period than 72
hours without permission from the Captain of the Port. Vessels
expecting to be at anchor for more than 72 hours must obtain permission
from the Captain of the Port.
(4) Anchorage G. (i) Except for a naval vessel, a vessel may not
anchor in Anchorage G without the permission of the Captain of the
Port.
(ii) When handling or transferring Class 1 (explosive) materials in
Anchorage G, naval vessels must comply with Department of Defense
Ammunition and Explosives Safety Standards, or the standards in this
section, whichever are the more stringent.
(iii) When barges and other vessels are berthed at the Ammunition
Barge Mooring Facility, located at latitude 36[deg]58'34'' N.,
longitude 76[deg]21'12'' W., no other vessel, except a vessel that is
receiving or offloading Class 1 (explosive) materials, may anchor
within 1,000 yards of the Ammunition Barge Mooring Facility. Vessels
transferring class 1 (explosive) materials must display by day a red
flag (Bravo flag) in a prominent location and by night a fixed red
light.
(iv) Whenever a vessel is handling or transferring Class 1
(explosive) materials while at anchor in Anchorage G, no other vessel
may anchor in Anchorage G without the permission of the Captain of the
Port. The Captain of the Port must consult with the Commander, Naval
Station Norfolk, before granting a vessel permission to anchor in
Anchorage G.
(v) A vessel located within Anchorage G may not handle or transfer
Class 1 (explosive) materials within 400 yards of Norfolk Harbor
Entrance Reach.
(vi) A vessel may not handle or transfer Class 1 (explosive)
materials within 850 yards of another anchored vessel, unless the other
vessel is also handling or transferring Class 1 (explosive) materials.
(vii) A vessel may not handle or transfer Class 1 (explosive)
materials within 850 yards of Anchorage F or H.
(5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is 500
feet or less in length or that has a draft of 30 feet or less may not
anchor in Anchorage Berth I-1 or I-2 without the permission of the
Captain of the Port.
(6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that is 500
feet or less in length or that has a draft of 30 feet or less may not
anchor in Anchorage Berth K-1 or K-2 without the permission of the
Captain of the Port.
(7) Anchorage N. Portions of this anchorage are a special anchorage
area under Sec. 110.72aa of this part during marine events regulated
under Sec. 100.501 of this chapter.
(8) Anchorage O. (i) A vessel may not anchor in Anchorage O unless
it is a recreational vessel.
(ii) No float, raft, lighter, houseboat, or other craft may be laid
up for any reason in Anchorage O without the permission of the Captain
of the Port.
(9) Anchorage Q: Quarantine Anchorage. (i) A vessel that is
arriving from or departing for sea and that requires an examination by
public health, customs, or immigration authorities shall anchor in
Anchorage Q.
(ii) Every vessel using Anchorage Q must be prepared to move
promptly under its own power to another location when directed by the
Captain of the Port, and must promptly vacate Anchorage Q after being
examined and released by authorities.
(iii) Any non-self-propelled vessel using Anchorage Q must have a
tugboat in attendance while undergoing examination by quarantine,
customs, or immigration authorities, except with the permission of the
Captain of the Port.
Dated: March 14, 2005.
Sally Brice O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-6305 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-15-P
