Anchorages; Captain of the Port Puget Sound Zone, WA, 60081-60085 [2012-24164]
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules
(xxxii) Task 274400–00001–3–E of Airbus
A340 ALS Part 4—Ageing Systems
Maintenance, Revision 02, dated October 12,
2011.
(xxxiii) Task 274400–00001–4–E of Airbus
A330 ALS Part 4—Ageing Systems
Maintenance, Revision 02, dated December
16, 2009.
(xxxiv) Task 274400–00001–4–E of Airbus
A330 ALS Part 4—Ageing Systems
Maintenance, Revision 03, dated September
9, 2011.
(xxxv) Task 274400–00001–4–E of Airbus
A340 ALS Part 4—Ageing Systems
Maintenance, Revision 01, dated December
15, 2009.
(xxxvi) Task 274400–00001–4–E of Airbus
A340 ALS Part 4—Ageing Systems
Maintenance, Revision 02, dated October 12,
2011.
(xxxvii) Task 274400–00002–1–E,
Lubrication of the THSA Ball Nut, of Airbus
A330 ALS Part 4—Ageing Systems
Maintenance, Revision 02, dated December
16, 2009.
(xxxviii) Task 274400–00002–1–E,
Lubrication of the THSA Ball Nut, of Airbus
of A340 ALS Part 4—Ageing Systems
Maintenance, Revision 01, dated December
15, 2009.
(2) For Airbus service information
identified in this AD, contact Airbus SAS—
Airworthiness Office—EAL, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33
5 61 93 45 80; email airworthiness.A330A340@airbus.com; Internet: https://
www.airbus.com. For TRW Aeronautical
Systems, SAMM Avionique, and Lucas
Aerospace service information identified in
this proposed AD, contact Goodrich
Corporation, Actuation Systems, Stafford
Road, Fordhouses, Wolverhampton WV10
7EH, England; telephone +44 (0) 1902
624938; fax +44 (0) 1902 788100; email
techpubs.wolverhampton@goodrich.com;
Internet https://www.goodrich.com/
TechPubs.Y. You may review copies of the
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on
September 21, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
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[FR Doc. 2012–24172 Filed 10–1–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
RIN 1625–AA01
Anchorages; Captain of the Port Puget
Sound Zone, WA
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
make five general anchorage areas
smaller. It also proposes administrative
changes that would rename 33 CFR
110.230, reorganize it by incorporating
33 CFR 110.229, and modify the
descriptions of four general anchorages.
These changes will clarify to the general
public the boundaries and requirements
of anchorages, and enhance safety by
ensuring good order and predictability
within the anchorages of the Captain of
the Port (COTP) Puget Sound zone.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 3, 2012. Requests for
public meetings must be received by the
Coast Guard on or before November 13,
2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0159 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mr. Mark Ashley,
Director, Vessel Traffic Service Puget
Sound, Waterways Management
Division, Sector Puget Sound, Coast
Guard; telephone 206–217–6046, email
Mark.E.Ashley@uscg.mil. If you have
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questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[Docket No. USCG–2012–0159]
FOR FURTHER INFORMATION CONTACT:
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60081
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://www.
regulations.gov and will include any
personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://www.
regulations.gov, or by fax, mail, or hand
delivery, but please use only one of
these means. If you submit a comment
online, it will be considered received by
the Coast Guard when you successfully
transmit the comment. If you fax, hand
deliver, or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2012–0159] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number [USCG–2012–0159] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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4. Public Meeting
We do not now plan to hold a public
meeting. But, you may submit a request
for a public meeting by November 13,
2012 using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that a public
meeting would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
B. Basis and Purpose
The legal basis for this rule is: 33
U.S.C. 471, 1221 through 1236, 2030,
2035, 2071; 33 CFR 1.05–1; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define anchorage grounds. The 1976
Puget Sound Area Anchorages
rulemaking defined 11 general and
explosive anchorages within greater
Puget Sound area. These areas are
described using geographic points of
land and bearings and ranges as the
boundaries. This rule proposes to
update existing anchorages to describe
areas using points of latitude and
longitude, which, with the advent of
Global Positioning System (GPS), is
much more practical and accurate for
the mariner. Additionally, changes to
shore side infrastructure, safety and
security zones, and environmentally
sensitive areas have made some of the
anchorage boundaries impractical, such
that the listed boundaries no longer
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reflect the actual anchorages as used
today. This rule addresses these changes
by reducing the size of specified
anchorages.
C. Discussion of Proposed Rule
1. Unchanged Anchorages
This proposed rule would change the
descriptions of the following anchorages
to points of latitude and longitude, but
does not change their actual area and
location:
Holmes Harbor General Anchorage.
Coordinates would be revised to read:
All waters of Holmes Harbor lying south
of a line between latitude 48°05′50″ N,
longitude 122°31′24″ W; thence 311°T to
latitude 48°07′03″ N, longitude
122°33′31″ W.
Thorndike Bay Emergency Explosives
Anchorage. Coordinates would be
revised to read: All waters in a
quadrilateral area bounded as follows:
Beginning at latitude 47°47′59″ N,
longitude 122°43′30″ W; thence 270°T to
latitude 47°47′59″ N, longitude
122°44′30″ W; thence 180°T to latitude
47°47′30″ N, longitude 122°44′30″ W;
thence 090°T to latitude 47°47′30″ N,
longitude 122°43′30″ W, thence 000°T to
the point of origin.
Orchard Point General Anchorage.
This rule would rename Orchard Point
General Anchorage to the more
commonly used name of Yukon Harbor
General Anchorage. Yukon Harbor
General Anchorage coordinates would
be revised to read: All waters inside the
area beginning at latitude 47°33′54.66″
N, longitude 122°31′54.68″ W; thence
106°T to latitude 47°33′23″ N, longitude
122°29′05″ W; thence 180°T to latitude
47°32′39.5″ N, longitude 122°29′05″ W;
thence south along the eastern shoreline
of Blake Island to latitude 47°31′48″ N,
longitude 122°29′21″ W; thence 250°T to
latitude 47°31′20.5″ N, longitude
122°31′10″ W; thence west and north
along the Kitsap Peninsula shoreline to
the point of origin.
In addition, we propose to update the
following anchorages’ datum from NAD
27 to NAD 83: Cherry Point General
Anchorage, Bellingham Bay General and
Explosives Anchorages, Port Townsend
Explosives Anchorages, and
Commencement Bay General
Anchorage. The datum transposition
was done using the National Geodetic
Survey’s NADCON Program Version
2.11 found at www.ngs.noaa.gov/cgibin/nadcon.prl.
Finally, the following anchorage areas
would remain unchanged: Anacortes
General Anchorages, Cap Sante Tug and
Barge General Anchorage, and Hat
Island Tug and Barge General
Anchorage.
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2. Anchorages To Be Reduced in Size
This proposed rule would reduce the
size of the following anchorages.
Port Gardner General Anchorage.
Coordinates would be revised to read:
All waters in a quadrilateral area
bounded as follows: Beginning at
latitude 47°58′57″ N, longitude
122°14′05″ W; thence 302°T to latitude
47°59′21.5″ N, longitude 122°15′02″ W;
thence 229°T to latitude 47°58′57″ N,
longitude 122°15′44″ W; thence 122°T to
latitude 47°58′32.5″ N, longitude
122°14′47″ W; thence 048°T to point of
origin. Modification would eliminate
the easternmost portion of the existing
anchorage area so as not to encroach on
Naval Station Everett Pier Bravo and
security barrier and restricted area
defined in 33 CFR 334.1215, approaches
to Snohomish River channel and shoal
area off the southern tip of Jetty Island.
Smith Cove West General Anchorage.
Coordinates would be revised to read:
All waters inside the area beginning at
latitude 47°38′20.44″ N, longitude
122°24′48.56″ W; thence 207°T to
latitude 47°37′51.6″ N, longitude
122°25′10.5″ W; thence 124°T to latitude
47°36′56.2″ N, longitude 122°23′07″ W;
thence 000°T to latitude 47°37′59.5″ N,
longitude 122°23′07″ W; thence
northwest along the shoreline to the
point of origin. Modification would
align the eastern boundary of the
anchorage with the Pier 91 Safety and
Security zone defined in 33 CFR
165.1324.
Smith Cove East General Anchorage.
Coordinates would be revised to read:
All waters inside the area beginning at
latitude 47°37′36.2″ N, longitude
122°22′43″ W; thence 180°T to latitude
47°36′56.2″ N, longitude 122°22′43″ W;
thence 090°T to latitude 47°36′56.2″ N,
longitude 122°21′22.5″ W, thence
northwest along the shoreline to the
beginning. Modification would align the
western boundary of the anchorage with
the Pier 91 Safety and Security zone
defined in 33 CFR 165.1324.
Elliott Bay East General Anchorage.
Coordinates would be revised to read:
All waters inside the area beginning at
latitude 47°35′25.8″ N, longitude
122°20′45.5″ W; thence 000°T to latitude
47°35′55.85″ N, longitude 122°20′45.5″
W; thence 270°T to latitude 47°35′55.85″
N, longitude 122°21′30″ W; thence
180°T to latitude 47°35′19.2″ N,
longitude 122°21′30″ W; thence east
along the shoreline to the point of
origin. Modification would correct
positions as a result of chart datum
changes.
Elliott Bay West General Anchorage.
Coordinates would be revised to read:
All waters inside the area beginning at
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latitude 47°35′30″ N, longitude
122°21′41″ W, thence 000°T to latitude
47°35′45.5″ N, longitude 122°21′41″ W;
thence 336°T to latitude 47°35′55.85″ N,
longitude 122°21′48.5″ W; thence 270°T
to latitude 47°35′55.85″ N, longitude
122°23′16.46″ W, thence 180°T to
Duwamish Head thence southeast
following the shoreline to latitude
47°35′30″ N, longitude 122°22′54.5″ W;
thence 090°T to the point of origin.
Modification would eliminate the
southern portion of the anchorage area
to avoid the regulated navigation area
protecting the Pacific Sound Resources
sediment cap defined in 33 CFR
165.1336.
3. Anchorage To Be Renamed
Freshwater Bay Emergency Explosive
Anchorage. This proposed rule would
rename the anchorage to Freshwater Bay
Emergency Anchorage to reflect its
actual and intended use. Freshwater Bay
is located approximately 10 miles west
of Port Angeles in the Strait of Juan de
Fuca. The name change from
‘‘Emergency Explosive Anchorage’’ to
‘‘Emergency Anchorage’’ would more
accurately reflect the actual and
intended use of this anchorage.
Freshwater Bay has been used for many
years as a general emergency anchorage
for emergencies including explosives
and other emergencies requiring vessels
to be anchored in a safe area away from
infrastructure and densely populated
areas. The change in name of
Freshwater Bay Emergency Anchorage
is deemed to be administrative in nature
because the anchorage’s usage is
exceptionally rare and not expected to
change at all as a result of this
rulemaking. Anchorage logs show that
only two vessels have used the
anchorage in the past 10 years.
Coordinates would be revised to read:
all waters of Freshwater Bay and
adjacent waters shoreward of a line
beginning at Observatory Point, latitude
48°09′03″ N, longitude 123°38′12″ W;
thence 000°T to latitude 48°09′36″ N,
longitude 123°38′12″ W; thence 090°T to
latitude 48°09′36″ N, longitude
123°33′27″ W; thence 180°T ending at
Angeles Point, latitude 48°09′00″ N,
longitude 123°33′27″ W. This anchorage
has been used for many years as a
general emergency anchorage, for
emergency situations requiring vessels
to be anchored in a safe place away from
infrastructure and densely populated
areas, including situations involving
explosives. Using the term ‘‘Emergency
Anchorage’’ reflects that the anchorage
has been used and may be used for a
range of emergency situations, including
not only explosives, equipment failures,
cargo securing, etc. Vessels requiring a
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customs inspection will not be allowed
to anchor in this area.
4. Reorganization and Combination
With 33 CFR 110.229
The proposed rule would rename 33
CFR 110.230 to ‘‘Anchorages, Captain of
the Port Puget Sound Zone, WA’’ to
better describe the area which is
incorporated by this regulation.
Additionally, the proposed rule would
incorporate into § 110.230 the nonanchorage area contained in 33 CFR
110.229, and update the coordinates to
datum NAD 1983. Having two separate
regulations for the same COTP zone
creates unnecessary redundancy and
confusion that can be eliminated by
incorporating all anchorages into one
regulation.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order. We do not expect this proposed
rule to have significant impact because
it is administrative in nature and would
not alter current navigational practices
on the affected waterway.
Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
This proposed rule would affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
this portion of Puget Sound, the Strait
of Juan de Fuca, and adjoining waters.
Because the contemplated changes
would be minimal in nature and would
not alter current navigational practices
on the affected waterway, the proposed
rule will not have significant economic
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60083
impact on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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. If this
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This 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.
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
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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 cause 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.
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.
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List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 110.229
[Removed]
2. Remove § 110.229.
3. Revise § 110.230 to read as follows:
§ 110.230 Anchorages, Captain of the Port
Puget Sound Zone, WA.
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
This proposed rule does not use
technical standards. Therefore, we did
14:57 Oct 01, 2012
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves administrative changes to an
anchorage regulation that either do not
change the size of existing anchorage
areas, or make some anchorage areas
smaller.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
PART 110—ANCHORAGE
REGULATIONS
Indian Tribal Governments
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consensus standards.
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(a) Anchorage grounds. All
coordinates are expressed in North
American Datum 1983.
(1) Freshwater Bay Emergency
Anchorage. All waters of Freshwater
Bay and adjacent waters shoreward of a
line beginning at Observatory Point,
latitude 48°09′03″ N, longitude
123°38′12″ W; thence 000°T to latitude
48°09′36″ N, longitude 123°38′12″ W;
thence 090°T to latitude 48°09′36″ N,
longitude 123°33′27″ W; thence 180°T
ending at Angeles Point, latitude
48°09′00″ N, longitude 123°33′27″ W.
(i) This anchorage may only be
assigned to vessels experiencing an
emergency that requires anchoring.
Vessel emergencies include equipment
failures, cargo securing, etc. Vessels
requiring a customs inspection will not
be allowed to anchor in this area.
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(ii) [Reserved.]
(2) Bellingham Bay Anchorages.
(i) General Anchorage. The waters of
Bellingham Bay within a circular area
with a radius of 2,000 yards, having its
center at latitude 48°44′14.39″,
longitude 122°32′26.62″.
(ii) Explosives Anchorage. The waters
of Bellingham Bay within a circular area
with a radius of 1,000 yards, having its
center at latitude 48°42′47.39″,
longitude 122°33′41.62″.
(3) Port Townsend Anchorages.
(i) Fair weather explosives anchorage
area. A circular area having a radius of
300 yards, whose center is at latitude
48°06′25.30″, longitude 122°43′50.60″.
(ii) Foul weather explosives
anchorage area. A circular area having
a radius of 300 yards, whose center is
at latitude 48°04′4.33″, longitude
122°44′56.60″.
(4) Holmes Harbor General
Anchorage. All waters of Holmes Harbor
lying south of a line between latitude
48°05′50″ N, longitude 122°31′24″ W;
thence 311°T to latitude 48°07′03″ N,
longitude 122°33′31″ W.
(5) Port Gardner General Anchorage.
All waters in a quadrilateral area
bounded as follows: Beginning at
latitude 47°58′57″ N, longitude
122°14′05″ W; thence 302°T to latitude
47°59′21.5″ N, longitude 122°15′02″ W;
thence 229°T to latitude 47°58′57″ N,
longitude 122°15′44″ W; thence 122°T to
latitude 47°58′32.5″ N, longitude
122°14′47″ W; thence 048°T to point of
origin.
(6) Thorndike Bay Emergency
Explosives Anchorage. All waters in a
quadrilateral area bounded as follows:
Beginning at latitude 47°47′59″ N,
longitude 122°43′30″ W; thence 270°T to
latitude 47°47′59″ N, longitude
122°44′30″ W; thence 180°T to latitude
47°47′30″ N, longitude 122°44′30″ W;
thence 090°T to latitude 47°47′30″ N,
longitude 122°43′30″ W, thence 000°T to
point of origin.
(7) Elliott Bay Anchorages.
(i) Smith Cove West General
Anchorage. All waters inside the area
beginning at latitude 47°38′20.44″ N,
longitude 122°24′48.56″ W; thence
207°T to latitude 47°37′51.6″ N,
longitude 122°25′10.5″ W; thence 124°T
to latitude 47°36′56.2″ N, longitude
122°23′07″ W; thence 000°T to latitude
47°37′59.5″ N, longitude 122°23′07″ W;
thence northwest along the shoreline to
the point of origin.
(ii) Smith Cove East General
Anchorage. All waters inside the area
beginning at latitude 47°37′36.2″ N,
longitude 122°22′43″ W; thence 180°T to
latitude 47°36′56.2″ N, longitude
122°22′43″ W; thence 090°T to latitude
47°36′56.2″ N, longitude 122°21′22.5″
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W, thence northwest along the shoreline
to the point of origin.
(iii) Elliott Bay East General
Anchorage. All waters inside the area
beginning at latitude 47°35′25.8″ N,
longitude 122°20′45.5″ W; thence 000°T
to latitude 47°35′55.85″ N, longitude
122°20′45.5″ W; thence 270°T to latitude
47°35′55.85″ N, longitude 122°21′30″ W;
thence 180°T to latitude 47°35′19.2″ N,
longitude 122°21′30″ W; thence east
along the shoreline to the point of
origin.
(iv) Elliott Bay West General
Anchorage. All waters inside the area
beginning at latitude 47°35′30″ N,
longitude 122°21′41″ W, thence 000°T to
latitude 47°35′45.5″ N, longitude
122°21′41″ W; thence 336°T to latitude
47°35′55.85″ N, longitude 122°21′48.5″
W; thence 270°T to latitude 47°35′55.85″
N, longitude 122°23′16.46″ W, thence
180°T to Duwamish Head thence
southeast following the shoreline to
latitude 47°35′30″ N, longitude
122°22′54.5″ W; thence 090°T to the
point of origin.
(8) Yukon Harbor General Anchorage.
All waters inside the area beginning at
latitude 47°33′54.66″ N, longitude
122°31′54.68″ W; thence 106°T to
latitude 47°33′23″ N, longitude
122°29′05″ W; thence 180°T to latitude
47°32′39.5″ N, longitude 122°29′05″ W;
thence south along the eastern shoreline
of Blake Island to latitude 47°31′48″ N,
longitude 122°29′21″ W; thence 250°T to
latitude 47°31′20.5″ N, longitude
122°31′10″ W; thence west and north
along the Kitsap Peninsula shoreline to
the point of origin.
(9) Cherry Point General Anchorage.
The waters within a circular area with
a radius of 1600 yards, having its center
at latitude 48°48′29.39″ N., longitude
122°46′04.66″ W.
(10) Anacortes General Anchorages.
(i) Anacortes East (ANE) Anchorage.
The waters within a circular area with
a radius of 600 yards, having its center
at 48°31′27″ N., 122°33′45″ W.
(ii) Anacortes Center (ANC)
Anchorage. The waters within a circular
area with a radius of 600 yards, having
its center at 48°30′54″ N, 122°34′06″ W.
(iii) Anacortes West (ANW)
Anchorage. The waters within a circular
area with a radius of 600 yards, having
its center at 48°31′09″ N, 122°34′55″ W.
(11) Cap Sante Tug and Barge General
Anchorage. The Cap Sante Tug and
Barge General Anchorage includes all
waters enclosed by a line connecting the
following points: 48°31′16″ N,
122°36′00″ W, which is approximately
the northeast tip of Cap Sante; then
southeast to 48°30′53″ N, 122°35′28″ W;
then west southwest to 48°30′45″ N,
122°35′52″ W, approximately the south
VerDate Mar<15>2010
14:57 Oct 01, 2012
Jkt 229001
tip of Cap Sante; then north along the
shoreline to the point of origin.
(12) Hat Island Tug and Barge
General Anchorage. The Hat Island Tug
and Barge General Anchorage includes
all waters enclosed by a line connecting
the following points: 48°31′19″ N,
122°33′04″ W, near the west side of Hat
Island; then southwest to 48°30′37″ N,
122°33′38″ W; then east to 48°30′37″ N,
122°32′00″ W; then northwest to the
point of origin.
(13) Commencement Bay General
Anchorage. A quadrilateral area
bounded as follows: Beginning at
latitude 47°17′36.36″ N., longitude
122°26′04.45″ W.; thence due south to
latitude 47°17′18.36″ N., longitude
122°26′04.45″ W.; thence due east to a
point bearing 286°T from Hylebos
Waterway Light 1 at a distance of 450
yards; thence due north to latitude
47°17′32.36″ N longitude 122°25′04.45″
W; thence west northwest to the point
of origin.
(14) Non-anchorage area Port Angeles
Harbor. Beginning at a point on the
shore at latitude 48°07′03.83″ N.,
longitude 123°24′20.67″ W.; thence to
latitude 48°07′38.43″ N., longitude
123°24′04.67″ W.; thence to latitude
48°07′36.03″ N., longitude 123°23′50.67″
W.; thence to a point on the shoreline
at latitude 48°06′56.73″ N., longitude
123°24′08.67″ W.
(i) No vessel may anchor in this nonanchorage area at any time.
(ii) Dragging, seining, fishing, or other
activities which may foul underwater
installations within this non-anchorage
area are prohibited.
(iii) Vessels may transit this nonanchorage area, but must proceed by the
most direct route and without
unnecessary delay.
Note to paragraph (a)(14): The city of Port
Angeles will mark this area with signs on the
shoreline visible (during normal daylight) 1
mile to seaward reading, ‘‘Do not Anchor in
This Area.″
(b) * * *
*
*
*
*
*
Dated: September 12, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2012–24164 Filed 10–1–12; 8:45 am]
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60085
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0119; FRL–9736–2]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; The 2002 Base Year Inventory
for the Huntington Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
the fine particulate matter (PM2.5) 2002
base year emissions inventory portion of
the West Virginia State Implementation
Plan (SIP) revision submitted by the
State of West Virginia, through the West
Virginia Department of Environmental
Protection (WVDEP), on May 28, 2009
for the Huntington-Ashland, WV–KY–
OH nonattainment area (hereafter
referred to as the Huntington Area). The
emissions inventory is part of the West
Virginia May 28, 2009 SIP revision that
was submitted to meet nonattainment
requirements related to West Virginia’s
portion of the Huntington Area for the
1997 PM2.5 National Ambient Air
Quality Standard (NAAQS) SIP. EPA is
proposing to approve the 2002 base year
PM2.5 emissions inventory for the
Huntington Area in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
Written comments must be
received on or before November 1, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0119 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2010–0140,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0119. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
DATES:
E:\FR\FM\02OCP1.SGM
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Agencies
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60081-60085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24164]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2012-0159]
RIN 1625-AA01
Anchorages; Captain of the Port Puget Sound Zone, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to make five general anchorage areas
smaller. It also proposes administrative changes that would rename 33
CFR 110.230, reorganize it by incorporating 33 CFR 110.229, and modify
the descriptions of four general anchorages. These changes will clarify
to the general public the boundaries and requirements of anchorages,
and enhance safety by ensuring good order and predictability within the
anchorages of the Captain of the Port (COTP) Puget Sound zone.
DATES: Comments and related material must be received by the Coast
Guard on or before December 3, 2012. Requests for public meetings must
be received by the Coast Guard on or before November 13, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0159 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Mark Ashley, Director, Vessel Traffic Service
Puget Sound, Waterways Management Division, Sector Puget Sound, Coast
Guard; telephone 206-217-6046, email Mark.E.Ashley@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http:[sol][sol]www.regulations.gov, or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to
http:[sol][sol]www.regulations.gov, type the docket number [USCG-2012-
0159] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a
Comment'' on the line associated with this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
[[Page 60082]]
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, type the docket number [USCG-2012-
0159] in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for a public meeting by November 13, 2012 using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that a public
meeting would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
B. Basis and Purpose
The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define anchorage grounds. The 1976 Puget Sound Area Anchorages
rulemaking defined 11 general and explosive anchorages within greater
Puget Sound area. These areas are described using geographic points of
land and bearings and ranges as the boundaries. This rule proposes to
update existing anchorages to describe areas using points of latitude
and longitude, which, with the advent of Global Positioning System
(GPS), is much more practical and accurate for the mariner.
Additionally, changes to shore side infrastructure, safety and security
zones, and environmentally sensitive areas have made some of the
anchorage boundaries impractical, such that the listed boundaries no
longer reflect the actual anchorages as used today. This rule addresses
these changes by reducing the size of specified anchorages.
C. Discussion of Proposed Rule
1. Unchanged Anchorages
This proposed rule would change the descriptions of the following
anchorages to points of latitude and longitude, but does not change
their actual area and location:
Holmes Harbor General Anchorage. Coordinates would be revised to
read: All waters of Holmes Harbor lying south of a line between
latitude 48[deg]05'50'' N, longitude 122[deg]31'24'' W; thence
311[deg]T to latitude 48[deg]07'03'' N, longitude 122[deg]33'31'' W.
Thorndike Bay Emergency Explosives Anchorage. Coordinates would be
revised to read: All waters in a quadrilateral area bounded as follows:
Beginning at latitude 47[deg]47'59'' N, longitude 122[deg]43'30'' W;
thence 270[deg]T to latitude 47[deg]47'59'' N, longitude
122[deg]44'30'' W; thence 180[deg]T to latitude 47[deg]47'30'' N,
longitude 122[deg]44'30'' W; thence 090[deg]T to latitude
47[deg]47'30'' N, longitude 122[deg]43'30'' W, thence 000[deg]T to the
point of origin.
Orchard Point General Anchorage. This rule would rename Orchard
Point General Anchorage to the more commonly used name of Yukon Harbor
General Anchorage. Yukon Harbor General Anchorage coordinates would be
revised to read: All waters inside the area beginning at latitude
47[deg]33'54.66'' N, longitude 122[deg]31'54.68'' W; thence 106[deg]T
to latitude 47[deg]33'23'' N, longitude 122[deg]29'05'' W; thence
180[deg]T to latitude 47[deg]32'39.5'' N, longitude 122[deg]29'05'' W;
thence south along the eastern shoreline of Blake Island to latitude
47[deg]31'48'' N, longitude 122[deg]29'21'' W; thence 250[deg]T to
latitude 47[deg]31'20.5'' N, longitude 122[deg]31'10'' W; thence west
and north along the Kitsap Peninsula shoreline to the point of origin.
In addition, we propose to update the following anchorages' datum
from NAD 27 to NAD 83: Cherry Point General Anchorage, Bellingham Bay
General and Explosives Anchorages, Port Townsend Explosives Anchorages,
and Commencement Bay General Anchorage. The datum transposition was
done using the National Geodetic Survey's NADCON Program Version 2.11
found at www.ngs.noaa.gov/cgi-bin/nadcon.prl.
Finally, the following anchorage areas would remain unchanged:
Anacortes General Anchorages, Cap Sante Tug and Barge General
Anchorage, and Hat Island Tug and Barge General Anchorage.
2. Anchorages To Be Reduced in Size
This proposed rule would reduce the size of the following
anchorages.
Port Gardner General Anchorage. Coordinates would be revised to
read: All waters in a quadrilateral area bounded as follows: Beginning
at latitude 47[deg]58'57'' N, longitude 122[deg]14'05'' W; thence
302[deg]T to latitude 47[deg]59'21.5'' N, longitude 122[deg]15'02'' W;
thence 229[deg]T to latitude 47[deg]58'57'' N, longitude
122[deg]15'44'' W; thence 122[deg]T to latitude 47[deg]58'32.5'' N,
longitude 122[deg]14'47'' W; thence 048[deg]T to point of origin.
Modification would eliminate the easternmost portion of the existing
anchorage area so as not to encroach on Naval Station Everett Pier
Bravo and security barrier and restricted area defined in 33 CFR
334.1215, approaches to Snohomish River channel and shoal area off the
southern tip of Jetty Island.
Smith Cove West General Anchorage. Coordinates would be revised to
read: All waters inside the area beginning at latitude
47[deg]38'20.44'' N, longitude 122[deg]24'48.56'' W; thence 207[deg]T
to latitude 47[deg]37'51.6'' N, longitude 122[deg]25'10.5'' W; thence
124[deg]T to latitude 47[deg]36'56.2'' N, longitude 122[deg]23'07'' W;
thence 000[deg]T to latitude 47[deg]37'59.5'' N, longitude
122[deg]23'07'' W; thence northwest along the shoreline to the point of
origin. Modification would align the eastern boundary of the anchorage
with the Pier 91 Safety and Security zone defined in 33 CFR 165.1324.
Smith Cove East General Anchorage. Coordinates would be revised to
read: All waters inside the area beginning at latitude 47[deg]37'36.2''
N, longitude 122[deg]22'43'' W; thence 180[deg]T to latitude
47[deg]36'56.2'' N, longitude 122[deg]22'43'' W; thence 090[deg]T to
latitude 47[deg]36'56.2'' N, longitude 122[deg]21'22.5'' W, thence
northwest along the shoreline to the beginning. Modification would
align the western boundary of the anchorage with the Pier 91 Safety and
Security zone defined in 33 CFR 165.1324.
Elliott Bay East General Anchorage. Coordinates would be revised to
read: All waters inside the area beginning at latitude 47[deg]35'25.8''
N, longitude 122[deg]20'45.5'' W; thence 000[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]20'45.5'' W; thence 270[deg]T to
latitude 47[deg]35'55.85'' N, longitude 122[deg]21'30'' W; thence
180[deg]T to latitude 47[deg]35'19.2'' N, longitude 122[deg]21'30'' W;
thence east along the shoreline to the point of origin. Modification
would correct positions as a result of chart datum changes.
Elliott Bay West General Anchorage. Coordinates would be revised to
read: All waters inside the area beginning at
[[Page 60083]]
latitude 47[deg]35'30'' N, longitude 122[deg]21'41'' W, thence
000[deg]T to latitude 47[deg]35'45.5'' N, longitude 122[deg]21'41'' W;
thence 336[deg]T to latitude 47[deg]35'55.85'' N, longitude
122[deg]21'48.5'' W; thence 270[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]23'16.46'' W, thence 180[deg]T to Duwamish Head
thence southeast following the shoreline to latitude 47[deg]35'30'' N,
longitude 122[deg]22'54.5'' W; thence 090[deg]T to the point of origin.
Modification would eliminate the southern portion of the anchorage area
to avoid the regulated navigation area protecting the Pacific Sound
Resources sediment cap defined in 33 CFR 165.1336.
3. Anchorage To Be Renamed
Freshwater Bay Emergency Explosive Anchorage. This proposed rule
would rename the anchorage to Freshwater Bay Emergency Anchorage to
reflect its actual and intended use. Freshwater Bay is located
approximately 10 miles west of Port Angeles in the Strait of Juan de
Fuca. The name change from ``Emergency Explosive Anchorage'' to
``Emergency Anchorage'' would more accurately reflect the actual and
intended use of this anchorage. Freshwater Bay has been used for many
years as a general emergency anchorage for emergencies including
explosives and other emergencies requiring vessels to be anchored in a
safe area away from infrastructure and densely populated areas. The
change in name of Freshwater Bay Emergency Anchorage is deemed to be
administrative in nature because the anchorage's usage is exceptionally
rare and not expected to change at all as a result of this rulemaking.
Anchorage logs show that only two vessels have used the anchorage in
the past 10 years. Coordinates would be revised to read: all waters of
Freshwater Bay and adjacent waters shoreward of a line beginning at
Observatory Point, latitude 48[deg]09'03'' N, longitude 123[deg]38'12''
W; thence 000[deg]T to latitude 48[deg]09'36'' N, longitude
123[deg]38'12'' W; thence 090[deg]T to latitude 48[deg]09'36'' N,
longitude 123[deg]33'27'' W; thence 180[deg]T ending at Angeles Point,
latitude 48[deg]09'00'' N, longitude 123[deg]33'27'' W. This anchorage
has been used for many years as a general emergency anchorage, for
emergency situations requiring vessels to be anchored in a safe place
away from infrastructure and densely populated areas, including
situations involving explosives. Using the term ``Emergency Anchorage''
reflects that the anchorage has been used and may be used for a range
of emergency situations, including not only explosives, equipment
failures, cargo securing, etc. Vessels requiring a customs inspection
will not be allowed to anchor in this area.
4. Reorganization and Combination With 33 CFR 110.229
The proposed rule would rename 33 CFR 110.230 to ``Anchorages,
Captain of the Port Puget Sound Zone, WA'' to better describe the area
which is incorporated by this regulation. Additionally, the proposed
rule would incorporate into Sec. 110.230 the non-anchorage area
contained in 33 CFR 110.229, and update the coordinates to datum NAD
1983. Having two separate regulations for the same COTP zone creates
unnecessary redundancy and confusion that can be eliminated by
incorporating all anchorages into one regulation.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order. We do not expect this
proposed rule to have significant impact because it is administrative
in nature and would not alter current navigational practices on the
affected waterway.
Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit this portion of Puget Sound, the Strait of Juan de
Fuca, and adjoining waters. Because the contemplated changes would be
minimal in nature and would not alter current navigational practices on
the affected waterway, the proposed rule will not have significant
economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. If this rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
Collection of Information
This 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.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or
[[Page 60084]]
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 cause 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
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 Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves administrative
changes to an anchorage regulation that either do not change the size
of existing anchorage areas, or make some anchorage areas smaller.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
Sec. 110.229 [Removed]
2. Remove Sec. 110.229.
3. Revise Sec. 110.230 to read as follows:
Sec. 110.230 Anchorages, Captain of the Port Puget Sound Zone, WA.
(a) Anchorage grounds. All coordinates are expressed in North
American Datum 1983.
(1) Freshwater Bay Emergency Anchorage. All waters of Freshwater
Bay and adjacent waters shoreward of a line beginning at Observatory
Point, latitude 48[deg]09'03'' N, longitude 123[deg]38'12'' W; thence
000[deg]T to latitude 48[deg]09'36'' N, longitude 123[deg]38'12'' W;
thence 090[deg]T to latitude 48[deg]09'36'' N, longitude
123[deg]33'27'' W; thence 180[deg]T ending at Angeles Point, latitude
48[deg]09'00'' N, longitude 123[deg]33'27'' W.
(i) This anchorage may only be assigned to vessels experiencing an
emergency that requires anchoring. Vessel emergencies include equipment
failures, cargo securing, etc. Vessels requiring a customs inspection
will not be allowed to anchor in this area.
(ii) [Reserved.]
(2) Bellingham Bay Anchorages.
(i) General Anchorage. The waters of Bellingham Bay within a
circular area with a radius of 2,000 yards, having its center at
latitude 48[deg]44'14.39'', longitude 122[deg]32'26.62''.
(ii) Explosives Anchorage. The waters of Bellingham Bay within a
circular area with a radius of 1,000 yards, having its center at
latitude 48[deg]42'47.39'', longitude 122[deg]33'41.62''.
(3) Port Townsend Anchorages.
(i) Fair weather explosives anchorage area. A circular area having
a radius of 300 yards, whose center is at latitude 48[deg]06'25.30'',
longitude 122[deg]43'50.60''.
(ii) Foul weather explosives anchorage area. A circular area having
a radius of 300 yards, whose center is at latitude 48[deg]04'4.33'',
longitude 122[deg]44'56.60''.
(4) Holmes Harbor General Anchorage. All waters of Holmes Harbor
lying south of a line between latitude 48[deg]05'50'' N, longitude
122[deg]31'24'' W; thence 311[deg]T to latitude 48[deg]07'03'' N,
longitude 122[deg]33'31'' W.
(5) Port Gardner General Anchorage. All waters in a quadrilateral
area bounded as follows: Beginning at latitude 47[deg]58'57'' N,
longitude 122[deg]14'05'' W; thence 302[deg]T to latitude
47[deg]59'21.5'' N, longitude 122[deg]15'02'' W; thence 229[deg]T to
latitude 47[deg]58'57'' N, longitude 122[deg]15'44'' W; thence
122[deg]T to latitude 47[deg]58'32.5'' N, longitude 122[deg]14'47'' W;
thence 048[deg]T to point of origin.
(6) Thorndike Bay Emergency Explosives Anchorage. All waters in a
quadrilateral area bounded as follows: Beginning at latitude
47[deg]47'59'' N, longitude 122[deg]43'30'' W; thence 270[deg]T to
latitude 47[deg]47'59'' N, longitude 122[deg]44'30'' W; thence
180[deg]T to latitude 47[deg]47'30'' N, longitude 122[deg]44'30'' W;
thence 090[deg]T to latitude 47[deg]47'30'' N, longitude
122[deg]43'30'' W, thence 000[deg]T to point of origin.
(7) Elliott Bay Anchorages.
(i) Smith Cove West General Anchorage. All waters inside the area
beginning at latitude 47[deg]38'20.44'' N, longitude 122[deg]24'48.56''
W; thence 207[deg]T to latitude 47[deg]37'51.6'' N, longitude
122[deg]25'10.5'' W; thence 124[deg]T to latitude 47[deg]36'56.2'' N,
longitude 122[deg]23'07'' W; thence 000[deg]T to latitude
47[deg]37'59.5'' N, longitude 122[deg]23'07'' W; thence northwest along
the shoreline to the point of origin.
(ii) Smith Cove East General Anchorage. All waters inside the area
beginning at latitude 47[deg]37'36.2'' N, longitude 122[deg]22'43'' W;
thence 180[deg]T to latitude 47[deg]36'56.2'' N, longitude
122[deg]22'43'' W; thence 090[deg]T to latitude 47[deg]36'56.2'' N,
longitude 122[deg]21'22.5''
[[Page 60085]]
W, thence northwest along the shoreline to the point of origin.
(iii) Elliott Bay East General Anchorage. All waters inside the
area beginning at latitude 47[deg]35'25.8'' N, longitude
122[deg]20'45.5'' W; thence 000[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]20'45.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]21'30'' W; thence 180[deg]T to
latitude 47[deg]35'19.2'' N, longitude 122[deg]21'30'' W; thence east
along the shoreline to the point of origin.
(iv) Elliott Bay West General Anchorage. All waters inside the area
beginning at latitude 47[deg]35'30'' N, longitude 122[deg]21'41'' W,
thence 000[deg]T to latitude 47[deg]35'45.5'' N, longitude
122[deg]21'41'' W; thence 336[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]21'48.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]23'16.46'' W, thence 180[deg]T
to Duwamish Head thence southeast following the shoreline to latitude
47[deg]35'30'' N, longitude 122[deg]22'54.5'' W; thence 090[deg]T to
the point of origin.
(8) Yukon Harbor General Anchorage. All waters inside the area
beginning at latitude 47[deg]33'54.66'' N, longitude 122[deg]31'54.68''
W; thence 106[deg]T to latitude 47[deg]33'23'' N, longitude
122[deg]29'05'' W; thence 180[deg]T to latitude 47[deg]32'39.5'' N,
longitude 122[deg]29'05'' W; thence south along the eastern shoreline
of Blake Island to latitude 47[deg]31'48'' N, longitude 122[deg]29'21''
W; thence 250[deg]T to latitude 47[deg]31'20.5'' N, longitude
122[deg]31'10'' W; thence west and north along the Kitsap Peninsula
shoreline to the point of origin.
(9) Cherry Point General Anchorage. The waters within a circular
area with a radius of 1600 yards, having its center at latitude
48[deg]48'29.39'' N., longitude 122[deg]46'04.66'' W.
(10) Anacortes General Anchorages.
(i) Anacortes East (ANE) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]31'27''
N., 122[deg]33'45'' W.
(ii) Anacortes Center (ANC) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]30'54'' N,
122[deg]34'06'' W.
(iii) Anacortes West (ANW) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]31'09'' N,
122[deg]34'55'' W.
(11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'16'' N, 122[deg]36'00'' W,
which is approximately the northeast tip of Cap Sante; then southeast
to 48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap
Sante; then north along the shoreline to the point of origin.
(12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'19'' N, 122[deg]33'04'' W,
near the west side of Hat Island; then southwest to 48[deg]30'37'' N,
122[deg]33'38'' W; then east to 48[deg]30'37'' N, 122[deg]32'00'' W;
then northwest to the point of origin.
(13) Commencement Bay General Anchorage. A quadrilateral area
bounded as follows: Beginning at latitude 47[deg]17'36.36'' N.,
longitude 122[deg]26'04.45'' W.; thence due south to latitude
47[deg]17'18.36'' N., longitude 122[deg]26'04.45'' W.; thence due east
to a point bearing 286[deg]T from Hylebos Waterway Light 1 at a
distance of 450 yards; thence due north to latitude 47[deg]17'32.36'' N
longitude 122[deg]25'04.45'' W; thence west northwest to the point of
origin.
(14) Non-anchorage area Port Angeles Harbor. Beginning at a point
on the shore at latitude 48[deg]07'03.83'' N., longitude
123[deg]24'20.67'' W.; thence to latitude 48[deg]07'38.43'' N.,
longitude 123[deg]24'04.67'' W.; thence to latitude 48[deg]07'36.03''
N., longitude 123[deg]23'50.67'' W.; thence to a point on the shoreline
at latitude 48[deg]06'56.73'' N., longitude 123[deg]24'08.67'' W.
(i) No vessel may anchor in this non-anchorage area at any time.
(ii) Dragging, seining, fishing, or other activities which may foul
underwater installations within this non-anchorage area are prohibited.
(iii) Vessels may transit this non-anchorage area, but must proceed
by the most direct route and without unnecessary delay.
Note to paragraph (a)(14): The city of Port Angeles will mark
this area with signs on the shoreline visible (during normal
daylight) 1 mile to seaward reading, ``Do not Anchor in This Area.''
(b) * * *
* * * * *
Dated: September 12, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-24164 Filed 10-1-12; 8:45 am]
BILLING CODE 9110-04-P