Anchorages; Captain of the Port Puget Sound Zone, WA, 60081-60085 [2012-24164]

Download as PDF 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. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS [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 14:57 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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: VerDate Mar<15>2010 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. E:\FR\FM\02OCP1.SGM 02OCP1 60082 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 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). wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 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. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 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 E:\FR\FM\02OCP1.SGM 02OCP1 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 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 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 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 E:\FR\FM\02OCP1.SGM 02OCP1 60084 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 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. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 not consider the use of voluntary consensus standards. Jkt 229001 (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. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 (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″ E:\FR\FM\02OCP1.SGM 02OCP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 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] BILLING CODE 9110–04–P PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 02OCP1

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]


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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.

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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
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