Anchorage Grounds; Lower Chesapeake Bay, Cape Charles, VA, 29081-29085 [2018-13439]
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Proposed Rules
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.
K. 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
although it is a ‘‘significant regulatory
action’’ under Executive Order 12866, it
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy, and the
Administrator of OMB’s Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action.
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L. Technical Standards
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
M. 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 (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. A preliminary Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
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Request for Comments’’ section of this
preamble. This proposed rule would be
categorically excluded under paragraph
L54 of Appendix A, Table 1 of DHS
Instruction Manual 023–01(series).
Paragraph L54 pertains to regulations
that are editorial or procedural. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 105
AGENCY:
Maritime security, Reporting and
recordkeeping requirements, Security
measures.
29081
ACTION:
For the reasons listed in the preamble,
the Coast Guard proposes to amend 33
CFR part 105 as follows:
PART 105—MARITIME SECURITY:
FACILITIES
1. The authority citation for part 105
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–
11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No. 0170.1.
2. Amend § 105.253, as proposed to be
added August 23, 2018 at 81 FR 57712,
by revising paragraphs (a)(1) and (2) and
adding paragraphs (a)(3) and (4) to read
as follows:
■
§ 105.253
facilities.
Risk Group classifications for
(a) * * *
(1) Beginning August 23, 2018:
Facilities that receive vessels
certificated to carry more than 1,000
passengers.
(2) Beginning August 23, 2018:
Facilities that handle Certain Dangerous
Cargoes (CDC) in bulk and transfer such
cargoes from or to a vessel.
(3) Beginning August 23, 2021:
Facilities that handle CDC in bulk, but
do not transfer it from or to a vessel.
(4) Beginning August 23, 2021:
Facilities that receive vessels carrying
CDC in bulk but, during the vessel-tofacility interface, do not transfer it from
or to the vessel.
*
*
*
*
*
Dated: June 15, 2018.
Karl L. Schultz,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2018–13345 Filed 6–21–18; 8:45 am]
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Coast Guard
33 CFR Part 110
[Docket Number USCG–2015–1118]
RIN 1625–AA01
Anchorage Grounds; Lower
Chesapeake Bay, Cape Charles, VA
Coast Guard, DHS.
Notice of proposed rulemaking;
notice of public meetings.
The Coast Guard proposes to
amend the regulations for Hampton
Roads, Virginia and adjacent water
anchorage grounds by establishing a
new, deep-water anchorage ground and
relocating an existing anchorage ground
near Cape Charles, VA on the Lower
Chesapeake Bay. Maritime
infrastructure improvements and growth
in both size and volume of vessel traffic
entering the port, including large and
deep-draft vessels have prompted this
proposed rulemaking to ensure that the
Hampton Roads Anchorage Grounds
continue to safely and effectively
support current and future deep-draft
vessel anchorage demands. We moved
the proposed locations of the anchorage
grounds in this notice of proposed
rulemaking (NPRM) further offshore
than the potential locations we
identified in an advance notice of
proposed rulemaking (ANPRM) we
published in 2016. We did so based on
our review and analysis of public
comments on the ANPRM and the
results of an environmental study
referenced in our preliminary Record of
Environmental Consideration for this
NPRM. We propose to establish an
Anchorage R that is further offshore of
Cape Charles, VA, and to relocate the
existing Anchorage Q (Quarantine
Anchorage) south of its current location
to a more secluded location on the
southern Chesapeake Bay. The intended
effect of this proposed rulemaking is to
protect the environment, facilitate the
safe navigation of maritime commerce
and national defense assets, and more
safely and effectively support
commercial vessel anchoring
requirements on the Lower Chesapeake
Bay. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 17, 2018. Additionally,
the Coast Guard will hold several public
meetings to allow the public the
opportunity to provide comment. The
first public meeting will be held on
SUMMARY:
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Monday, June 25, 2018, from 5 p.m. to
7 p.m. at Slover Public Library Meeting
Room, 235 E Plume Street, Norfolk, VA
23510. Two public meetings will be
held on Tuesday, July 10, 2018, at Cape
Charles Civic Center, 500 Tazwell
Avenue, Cape Charles, VA; the first
meeting will be held from 1 p.m. to 3
p.m. and the second meeting will be
held from 6 p.m. to 8 p.m.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–1118 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email CDR Ken
Kostecki, Sector Hampton Roads
Prevention Chief, 757–668–5536, email
HamptonRoadsWaterway@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
AIS Automated Information System
ANPRM Advance notice of proposed
rulemaking
COTP Captain of the Port
CFR Code of Federal Regulations
DOD Department of Defense
DHS Department of Homeland Security
FR Federal Register
MD Maryland
NM Nautical Miles
§ Section
NPRM Notice of proposed rule-making
PWSA Port and Waterways Safety Act
U.S.C. United States Code
VA Virginia
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II. Background, Purpose, and Legal
Basis
On April 19, 2016, the Coast Guard
published an advance notice of
proposed rule-making (ANPRM) in the
Federal Register (81 FR 22939) to solicit
public comments on amending certain
anchorage regulations in Hampton
Roads for the possible creation of a new
anchorage in the lower Chesapeake Bay
near Cape Charles, VA. We received 35
comment letters in response to the
ANPRM. On June 27, 2016, we
published a 45-day extension and
announced two public meetings (81 FR
41487). On August 16, 2016, we
announced one additional meeting and
reopened the comment period (81 FR
54531). We scheduled the meetings to
receive comments on the ANRPM to
allow for greater public involvement.
The meetings were held in—
• Norfolk, VA, on July 19, 2016;
• Melfa, VA, on July 20, 2016; and
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• Cape Charles, VA, on August 17,
2016.
At the three public meetings, we
heard from 20 speakers and we received
a total of 35 individual comment letters.
On December 16, 2016, the Coast Guard
issued a news release to inform the
public that a review of comments and
the environmental study would be
conducted. In November 2017, the Coast
Guard completed its environmental
review. In January 2018, the Center for
Disease Control, the U.S. Navy Fleet
Forces Command, and the U.S. Army
Corps of Engineers, North Atlantic
provided comments identifying and
addressing adverse impacts from the
proposed anchorage establishment.
The purpose of this NPRM is to solicit
comments on proposed rulemaking for
establishing a federal commercial
anchorage ground, Anchorage R, 3
nautical miles (NM) west of Cape
Charles, VA and relocating the existing
quarantine anchorage ground currently
off Cape Charles, VA to a more secluded
location in the lower Chesapeake Bay
that is 6 NM southwest of Fishermans
Island, VA. With the increasing trend of
larger and deeper-draft ships calling
within Virginia and Maryland, our
efforts to improve navigation safety of
both national defense and commercial
vessels and to protect the environment
can be accomplished by providing an
anchorage of adequate size, depth and
capacity.
The legal basis and authorities for this
notice of proposed rulemaking are
found in 33 U.S.C. 471, 33 CFR 1.05–1,
DHS Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory anchorage grounds.
III. Discussion of Comments on ANRPM
This section provides a detailed
discussion of the public comments
received during the ANPRM’s comment
period and public meeting. We received
35 comment letters in response to the
ANPRM. In addition, we hosted three
public meetings to provide another
forum for obtaining public feedback on
the ANRPM.
Twenty-three comments were
received from the public meetings.
Comments submitted to the online
docket and received at the public
meeting aligned into five categories:
Environmental concerns, local economy
and tourism, safety and security
compliance concerns, view shed
concerns, and anchorage proponent.
Copies of the public meeting sign-in
sheets and written comments received
are available for viewing in the public
docket for this rulemaking. Commenters
represented a wide range of individuals
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and entities, including State and local
government officials, port authorities,
representatives of affected industries,
such as maritime, port, and other
facilities, and private citizens. The
comments received from these parties
helped to inform the proposal in this
NPRM.
1. Environmental Concerns
We received 22 comments opposing
the anchorage location due to
environmental concerns, such as light
and noise pollution and potential vessel
discharge. In the ANPRM, we inquired
about the possible establishment of a
deep-water anchorage ground west of
Cape Charles, VA on the Chesapeake
Bay. These comments on the ANPRM
combined with the results of our
environmental study caused us to move
the anchorages we are proposing in this
NPRM further offshore. The Coast Guard
has prepared a preliminary Record of
Environmental Consideration (REC) for
this NPRM and has made a preliminary
determination that the proposed
Anchorage R and new Quarantine
Anchorage do not cumulatively or
individually have a significant effect on
the human environment.
Also, we noted that there are existing
laws and regulations in place to govern
behavior of mariners and vessels related
to these concerns about the release of
pollutants. In terms of the discharge of
pollutants, our regulations in 33 CFR
part 151 and the Act to Prevent
Pollution from Ships implement
provisions of the International
Convention for Prevention of Pollution
from Ships and subject violators to
penalties. Also, the Ports and
Waterways Safety Act (PWSA) of 1972,
(33 U.S.C. 1221, 1223, 1228, 1232 et
seq.) and PWSA-implementing
regulations help us ensure vessel
compliance with all applicable
standards, vessel operating
requirements, vessel conditions for
entry into port and enforcement
provisions. In addition, 46 U.S.C.
subtitle II, part B, specifically 3305,
3307, and 3714, authorize and call for
merchant vessel inspections and
examinations. Foreign-flagged vessels
are subject to Port State Control
examinations to ensure compliance with
applicable marine pollution, sewage,
waste, and safety and security laws and
regulations. Additionally, under current
COTP procedures, Sector Hampton
Roads has instituted a random and
unannounced spot check program for
any vessel, foreign or U.S. flagged,
anchored off of Cape Charles to ensure
regulatory compliance.
Under 33 CFR 110.168(c)(8) and (9),
the COTP may prescribe specific
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conditions for vessels preventing them
from being in a dead ship status, (that
is, control unavailable for normal
operations) while in an anchorage
ground, without prior approval of the
COTP. Under § 160.216 of this chapter,
vessels experiencing casualties, such as
main propulsion, main steering or
anchoring equipment malfunction, or
which are planning to perform main
propulsion engine repairs or
maintenance, must immediately notify
the Coast Guard COTP. Under § 160.111
of this chapter, the Coast Guard COTP
may direct a vessel to depart the
anchorage during periods of severe
weather or at other times as deemed
necessary in the interest of port safety.
During these adverse weather
conditions, under § 110.168(c)(8) and (9)
of this chapter the vessel operator in an
anchorage ground must comply with all
severe weather precautionary measures
directed by the COTP to include but not
limited to having additional anchors
ready for letting go and standing a
continuous and live anchor watch.
To further enhance the safety of the
waters of the Chesapeake Bay, the
Quarantine Anchorage was relocated to
a more secluded location to provide an
additional layer of protection should a
hazardous condition exist onboard the
vessel.
2. Local Economy and Tourism
Sixteen comments received were
opposed to the anchorage due to the
proximity to the shore and its impact to
the commercial and recreational boaters
that use the Cape Charles City Channel,
also known as the Cherrystone Inlet
Channel. In this NPRM, the Coast Guard
shifted the anchorage 3 NM from the
coastline and into deeper water keeping
Cherry Stone Channel Inlet, connected
to Cape Charles, VA, open to workboats,
fishing vessels, and recreational boats
transiting this inlet to support the local
economy and tourism. Also, by moving
the anchorage north of an existing
regulated navigation area, 33 CFR
165.501, this will direct vessels to no
longer routinely anchor offshore Bulters
Bluff, Kiptopeke State Park Beach,
Jackspot at the Sunset Beach and
Chesapeake Bay Resort and Beach Club
but instead to use a dedicated anchorage
ground. This will move the lights from
ships anchored there further offshore.
Although boaters would be allowed to
fish in the proposed anchorage ground,
we would strongly discourage crab pot
fishing as we would around any places
vessels anchor because lines may get
caught or cut by the anchors and
propellers of vessels anchoring.
Mariners deciding to fish in the
anchorage ground would do so at the
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risk of their lines or other fishing gear
getting snagged or cut by anchor lines or
propellers. Fishing vessels would also
need to comply with the provisions
outlined in the Navigation Rules of the
Road (see 33 CFR part 83).
An additional commenter opposed
the anchorage contemplated in the
ANPRM requesting that if the ships
could not anchor closer to Norfolk than
they should anchor at sea until they are
called to port. The Coast Guard cannot
direct vessels to anchor greater than 12
NM offshore or to stay at sea where they
could become exposed to unsafe
environmental weather conditions.
However, in this NPRM, the proposed
anchorage is being shifted further west
from Cape Charles, VA and will now be
regulated, enhancing the overall safety
and security of both vessels and the
public.
3. Safety and Security Compliance
Concerns
Ten comments were received
regarding vessel safety and crewmember
security. Under 33 CFR part 160,
subpart C, in general, U.S. vessels in
commercial service and foreign vessels
entering port must provide a Notice of
Arrival to the Coast Guard. The vessel’s
Notice of Arrival is vetted by numerous
federal agencies to ensure compliance
with applicable safety and security laws
prior to the vessel and its crews entering
U.S. waters. Speaking specifically to
foreign crewmembers, U.S. Customs and
Border Protection (CBP) screen and
provide escort protocol for those
individuals who are seeking to go
ashore. All crewmembers must remain
onboard the vessel unless clearance
from CBP has been obtained prior to
going ashore.
4. View From Shore Concerns
A total of six comments were received
opposing the anchorage due to the
negative impact anchored vessels could
have on the view from shore and
diminished property values. The Coast
Guard considered these comments to
find an alternate anchorage area. Based
on exposure to weather, tug and barge
traffic density, and navigational safety
concerns for areas west of Chesapeake
Channel due to drafts between 25 feet
and 35 feet with numerous shoals, the
proposed alternative areas were
considered unsafe for deep draft vessels
to anchor. To mitigate the issues
associated with the view shed, the Coast
Guard moved the anchorage to 3 NM
offshore vice the original 1.5 NM and as
far west as 500 yards from the
Chesapeake Channel. Directly east of
Cape Charles heading north towards the
Cherry Stone Camp Grounds, the
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anchorage gets progressively narrower
to reduce the overall number of vessels
offshore that would be viewed on the
horizon.
5. Anchorage Proponent
Three responses were received in
support of a new, deep-water anchorage
due to the growing maritime
infrastructure in the Commonwealth of
Virginia. With the support of the
anchorage, there were also
recommendations to review the existing
anchorages within the lower
Chesapeake Bay, to maintain the
original anchorage proposal, and to
expand the boundaries of the anchorage
proposal. The existing anchorages will
not be reviewed for this rulemaking.
The need to adjust the anchorage to
include deep water to the north of the
proposed area was suggested and
incorporated into this adjusted
proposal. Various mariner subject
matter experts were consulted to ensure
navigation safety of both anchored
vessels and vessels transiting near the
proposed Anchorage R and the
proposed Quarantine Anchorage. With
limited availability of a deep draft
anchorage in the existing naval
anchorages, this anchorage proposal is
anticipated to enhance the navigation
safety of the port and more safely and
effectively support commercial vessel
anchoring requirements on the Lower
Chesapeake Bay.
IV. Discussion of the Proposed Rule
The Coast Guard proposes to establish
a new Anchorage R and relocate the
existing Quarantine Anchorage. This
proposal reflects our consideration of all
comments received from the ANPRM
and the Record of Environmental
Consideration. We believe this will
more effectively establish a new deepwater anchorage ground for commercial
vessels to support the new and
projected growth in maritime commerce
vessel traffic throughout the Port of
Virginia. The approximate depths of the
proposed new Anchorage R will be
located in naturally deep water with
charted depths between 25 and 101 feet.
The average depth of the northern half
of the anchorage is between 45 and 101
feet. The average depth of the southern
half of the anchorage is between 25 and
45 feet.
The 7.9 NM long eastern boundary of
the proposed Anchorage R is located 3
NM to the west of landside Cape
Charles, VA on the Lower Chesapeake
Bay. The southernmost boundary is 3.9
NM, and runs parallel with, and 500
yards north of the existing Regulated
Navigation Area (33 CFR 165.501)
connected along the SE to S coordinates
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listed in the proposed regulatory
language below. The western boundary
of the anchorage grounds runs parallel
along, and no less than 500 yards east
of York Spit Channel for 13.9 NM to
include the 11.2 NM between lighted
buoy 24 and lighted buoy 38 and then
continues to the northeast for 2.7 NM
north of lighted buoy 38, connected
along the listed S, SW and NW
coordinates. The final northern most
boundary is 0.6 NM connected by the
listed NW and NE coordinates.
The Coast Guard proposes moving the
existing Quarantine Anchorage
(Anchorage Q), from the current
location 3.5 NM to the west of landside
of Cape Charles, VA, and east of York
Spit Channel between lighted buoys 36
to 38, relocating it 6 NM southwest of
Fishermans Point, VA. The new location
runs 625 yards west of York Spit
Channel between buoys 16 and 18. The
eastern boundary of proposed
Anchorage Q runs parallel to York Spit
Channel for 2.2 NM, connected by the
NE and SE coordinates as outlined in
the proposed regulatory language. The
southernmost boundary is 1.3 NM from
the emergency restricted area outside
the Chesapeake Bay Bridge Tunnel,
connected by the listed SE and SW
coordinates. The westernmost boundary
is 2.2 NM, connected by the listed SW
and NW coordinates. The northernmost
boundary is 450 yards southwest of
York River Entrance Channel and runs
for 1.3 NM, connected by the listed NW
and NE coordinates.
The regulatory text we are proposing,
including the coordinates mention
above, appears at the end of this
document. You may find a drawing of
the proposed anchorage grounds in the
docket. Look for Illustration of
Contemplated Anchorage ‘‘R’’ and
‘‘Quarantine’’ Anchorage.
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V. 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 and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
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Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
historical vessel traffic data pertaining
to the proposed anchorage locations.
The regulation would ensure
approximately 18 square miles of
anchorage grounds are designated to
provide a necessary commercial deep
draft anchorage and enhance the
navigational safety of large naval and
commercial vessels transiting within the
lower Chesapeake Bay. In reviewing
historical Automated Information
System (AIS) track line data of vessel
transits, the proposed Anchorages
Quarantine and R areas are safe
locations for vessels to anchor in a
minimally trafficked section of the
Chesapeake Bay while maintaining a
more appropriate safe distance from
shore.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to use the anchorage
may be small entities, for the reasons
stated in section IV.A above, this
proposed rule would not have a
significant economic impact on any
vessel owner or operator. The towns and
communities along the western coast of
Eastern Shore of Virginia have an
economy based on tourism and
numerous small entities and businesses.
The anchorage will regulate and move
vessels who are currently anchoring in
the general vicinity away from the shore
and beaches, lessening impacts these
small entities may currently experience.
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 explaining
why you think it qualifies and how and
to what degree this rule would
economically affect it.
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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 the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
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effects of this rule elsewhere in this
preamble.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1
(series) OM, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 proposed rule
involves amending the regulations for
Hampton Roads and adjacent water
anchorages by establishing an
anchorage, Anchorage R, 3 NM west of
Cape Charles, VA and relocating the
existing Quarantine Anchorage,
Anchorage Q, to a more secluded
position that is 6 NM southwest of
Fishermans Point, VA. Normally, such
actions are categorically excluded from
further review under paragraphs L59(a)
and L59(b) of Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy/
VerDate Sep<11>2014
17:40 Jun 21, 2018
Jkt 244001
docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
We plan to hold three public meetings
to receive oral comments on this NPRM,
one in Norfolk, VA and two in Cape
Charles, VA. The first public meeting
will be held on Monday, June 25, 2018,
from 5 p.m. to 7 p.m. at Slover Public
Library Meeting Room, 235 E. Plume
Street, Norfolk, VA 23510. Two public
meetings will be held on July 10, 2018
at Cape Charles Civic Center, 500
Tazwell Avenue, Cape Charles, VA; the
first meeting will be held from 1 p.m.
to 3 p.m. and the second meeting will
be held from 6 p.m. to 8 p.m. For
information on facilities or services for
individuals with disabilities or to
request special assistance at the public
meeting, contact the person named in
the FOR FURTHER INFORMATION CONTACT
section, above.
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, 2071; 33 CFR 1.05–1; Department
Homeland Security Delegation No 0170.1.
2. In § 110.168, add introductory text
in paragraph (a), revise paragraph (a)(6),
and add paragraph (a)(7) to read as
follows:
■
§ 110.168 Hampton Roads, Virginia and
adjacent waters.
(a) Anchorage Grounds. All
coordinates in this section for anchorage
grounds are based on North American
Datum of 1983 (NAD 83).
*
*
*
*
*
(6) Anchorage Q. Quarantine
Anchorage. The waters bound by a line
connecting the following points:
Latitude
37°05′40″
37°05′40″
37°03′46″
37°03′46″
PO 00000
Longitude
N
N
N
N
Frm 00038
076°08′12″
076°07′19″
076°05′58″
076°06′51″
Fmt 4702
Sfmt 4702
W
W
W
W
(7) Anchorage R. The waters all
within the Chesapeake Bay, bound by a
line connecting the following points:
Latitude
37°19′10″
37°12′00″
37°09′08″
37°11′23″
37°19′10″
*
Longitude
N
N
N
N
N
*
076°05′00″
076°05′00″
076°08′19″
076°08′49″
076°05′46″
*
*
W
W
W
W
W
*
Dated: June 8, 2018.
Meredith Austin,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2018–13439 Filed 6–19–18; 4:15 pm]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R03–OAR–2018–0304; FRL–9979–
70—Region 3]
Commonwealth of Pennsylvania;
Allegheny County Health Department,
Withdrawal of Section 112(l)
Delegation Authority for the Chemical
Accident Prevention Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Environmental Protection
Agency (EPA) is notifying the public
that Allegheny County Health
Department (ACHD) has completed the
regulatory process for voluntary
withdrawal from EPA’s delegation of
authority to enforce the chemical
accident prevention regulations, and
EPA is proposing to modify
amendments indicating that ACHD does
not have delegated authority to
implement and enforce the regulatory
requirements. EPA is also notifying the
public that each facility subject to the
previously approved ACHD delegated
chemical accident prevention program
is required to maintain continuous
compliance with applicable
requirements. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before July 23, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0304 at https://
www.regulations.gov, or via email to
duke.gerallyn@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
SUMMARY:
E:\FR\FM\22JNP1.SGM
22JNP1
Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Proposed Rules]
[Pages 29081-29085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13439]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2015-1118]
RIN 1625-AA01
Anchorage Grounds; Lower Chesapeake Bay, Cape Charles, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the regulations for Hampton
Roads, Virginia and adjacent water anchorage grounds by establishing a
new, deep-water anchorage ground and relocating an existing anchorage
ground near Cape Charles, VA on the Lower Chesapeake Bay. Maritime
infrastructure improvements and growth in both size and volume of
vessel traffic entering the port, including large and deep-draft
vessels have prompted this proposed rulemaking to ensure that the
Hampton Roads Anchorage Grounds continue to safely and effectively
support current and future deep-draft vessel anchorage demands. We
moved the proposed locations of the anchorage grounds in this notice of
proposed rulemaking (NPRM) further offshore than the potential
locations we identified in an advance notice of proposed rulemaking
(ANPRM) we published in 2016. We did so based on our review and
analysis of public comments on the ANPRM and the results of an
environmental study referenced in our preliminary Record of
Environmental Consideration for this NPRM. We propose to establish an
Anchorage R that is further offshore of Cape Charles, VA, and to
relocate the existing Anchorage Q (Quarantine Anchorage) south of its
current location to a more secluded location on the southern Chesapeake
Bay. The intended effect of this proposed rulemaking is to protect the
environment, facilitate the safe navigation of maritime commerce and
national defense assets, and more safely and effectively support
commercial vessel anchoring requirements on the Lower Chesapeake Bay.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 17, 2018. Additionally, the Coast Guard will
hold several public meetings to allow the public the opportunity to
provide comment. The first public meeting will be held on
[[Page 29082]]
Monday, June 25, 2018, from 5 p.m. to 7 p.m. at Slover Public Library
Meeting Room, 235 E Plume Street, Norfolk, VA 23510. Two public
meetings will be held on Tuesday, July 10, 2018, at Cape Charles Civic
Center, 500 Tazwell Avenue, Cape Charles, VA; the first meeting will be
held from 1 p.m. to 3 p.m. and the second meeting will be held from 6
p.m. to 8 p.m.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-1118 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email CDR Ken Kostecki, Sector Hampton
Roads Prevention Chief, 757-668-5536, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AIS Automated Information System
ANPRM Advance notice of proposed rulemaking
COTP Captain of the Port
CFR Code of Federal Regulations
DOD Department of Defense
DHS Department of Homeland Security
FR Federal Register
MD Maryland
NM Nautical Miles
Sec. Section
NPRM Notice of proposed rule-making
PWSA Port and Waterways Safety Act
U.S.C. United States Code
VA Virginia
II. Background, Purpose, and Legal Basis
On April 19, 2016, the Coast Guard published an advance notice of
proposed rule-making (ANPRM) in the Federal Register (81 FR 22939) to
solicit public comments on amending certain anchorage regulations in
Hampton Roads for the possible creation of a new anchorage in the lower
Chesapeake Bay near Cape Charles, VA. We received 35 comment letters in
response to the ANPRM. On June 27, 2016, we published a 45-day
extension and announced two public meetings (81 FR 41487). On August
16, 2016, we announced one additional meeting and reopened the comment
period (81 FR 54531). We scheduled the meetings to receive comments on
the ANRPM to allow for greater public involvement. The meetings were
held in--
Norfolk, VA, on July 19, 2016;
Melfa, VA, on July 20, 2016; and
Cape Charles, VA, on August 17, 2016.
At the three public meetings, we heard from 20 speakers and we
received a total of 35 individual comment letters. On December 16,
2016, the Coast Guard issued a news release to inform the public that a
review of comments and the environmental study would be conducted. In
November 2017, the Coast Guard completed its environmental review. In
January 2018, the Center for Disease Control, the U.S. Navy Fleet
Forces Command, and the U.S. Army Corps of Engineers, North Atlantic
provided comments identifying and addressing adverse impacts from the
proposed anchorage establishment.
The purpose of this NPRM is to solicit comments on proposed
rulemaking for establishing a federal commercial anchorage ground,
Anchorage R, 3 nautical miles (NM) west of Cape Charles, VA and
relocating the existing quarantine anchorage ground currently off Cape
Charles, VA to a more secluded location in the lower Chesapeake Bay
that is 6 NM southwest of Fishermans Island, VA. With the increasing
trend of larger and deeper-draft ships calling within Virginia and
Maryland, our efforts to improve navigation safety of both national
defense and commercial vessels and to protect the environment can be
accomplished by providing an anchorage of adequate size, depth and
capacity.
The legal basis and authorities for this notice of proposed
rulemaking are found in 33 U.S.C. 471, 33 CFR 1.05-1, DHS Delegation
No. 0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory anchorage grounds.
III. Discussion of Comments on ANRPM
This section provides a detailed discussion of the public comments
received during the ANPRM's comment period and public meeting. We
received 35 comment letters in response to the ANPRM. In addition, we
hosted three public meetings to provide another forum for obtaining
public feedback on the ANRPM.
Twenty-three comments were received from the public meetings.
Comments submitted to the online docket and received at the public
meeting aligned into five categories: Environmental concerns, local
economy and tourism, safety and security compliance concerns, view shed
concerns, and anchorage proponent. Copies of the public meeting sign-in
sheets and written comments received are available for viewing in the
public docket for this rulemaking. Commenters represented a wide range
of individuals and entities, including State and local government
officials, port authorities, representatives of affected industries,
such as maritime, port, and other facilities, and private citizens. The
comments received from these parties helped to inform the proposal in
this NPRM.
1. Environmental Concerns
We received 22 comments opposing the anchorage location due to
environmental concerns, such as light and noise pollution and potential
vessel discharge. In the ANPRM, we inquired about the possible
establishment of a deep-water anchorage ground west of Cape Charles, VA
on the Chesapeake Bay. These comments on the ANPRM combined with the
results of our environmental study caused us to move the anchorages we
are proposing in this NPRM further offshore. The Coast Guard has
prepared a preliminary Record of Environmental Consideration (REC) for
this NPRM and has made a preliminary determination that the proposed
Anchorage R and new Quarantine Anchorage do not cumulatively or
individually have a significant effect on the human environment.
Also, we noted that there are existing laws and regulations in
place to govern behavior of mariners and vessels related to these
concerns about the release of pollutants. In terms of the discharge of
pollutants, our regulations in 33 CFR part 151 and the Act to Prevent
Pollution from Ships implement provisions of the International
Convention for Prevention of Pollution from Ships and subject violators
to penalties. Also, the Ports and Waterways Safety Act (PWSA) of 1972,
(33 U.S.C. 1221, 1223, 1228, 1232 et seq.) and PWSA-implementing
regulations help us ensure vessel compliance with all applicable
standards, vessel operating requirements, vessel conditions for entry
into port and enforcement provisions. In addition, 46 U.S.C. subtitle
II, part B, specifically 3305, 3307, and 3714, authorize and call for
merchant vessel inspections and examinations. Foreign-flagged vessels
are subject to Port State Control examinations to ensure compliance
with applicable marine pollution, sewage, waste, and safety and
security laws and regulations. Additionally, under current COTP
procedures, Sector Hampton Roads has instituted a random and
unannounced spot check program for any vessel, foreign or U.S. flagged,
anchored off of Cape Charles to ensure regulatory compliance.
Under 33 CFR 110.168(c)(8) and (9), the COTP may prescribe specific
[[Page 29083]]
conditions for vessels preventing them from being in a dead ship
status, (that is, control unavailable for normal operations) while in
an anchorage ground, without prior approval of the COTP. Under Sec.
160.216 of this chapter, vessels experiencing casualties, such as main
propulsion, main steering or anchoring equipment malfunction, or which
are planning to perform main propulsion engine repairs or maintenance,
must immediately notify the Coast Guard COTP. Under Sec. 160.111 of
this chapter, the Coast Guard COTP may direct a vessel to depart the
anchorage during periods of severe weather or at other times as deemed
necessary in the interest of port safety. During these adverse weather
conditions, under Sec. 110.168(c)(8) and (9) of this chapter the
vessel operator in an anchorage ground must comply with all severe
weather precautionary measures directed by the COTP to include but not
limited to having additional anchors ready for letting go and standing
a continuous and live anchor watch.
To further enhance the safety of the waters of the Chesapeake Bay,
the Quarantine Anchorage was relocated to a more secluded location to
provide an additional layer of protection should a hazardous condition
exist onboard the vessel.
2. Local Economy and Tourism
Sixteen comments received were opposed to the anchorage due to the
proximity to the shore and its impact to the commercial and
recreational boaters that use the Cape Charles City Channel, also known
as the Cherrystone Inlet Channel. In this NPRM, the Coast Guard shifted
the anchorage 3 NM from the coastline and into deeper water keeping
Cherry Stone Channel Inlet, connected to Cape Charles, VA, open to
workboats, fishing vessels, and recreational boats transiting this
inlet to support the local economy and tourism. Also, by moving the
anchorage north of an existing regulated navigation area, 33 CFR
165.501, this will direct vessels to no longer routinely anchor
offshore Bulters Bluff, Kiptopeke State Park Beach, Jackspot at the
Sunset Beach and Chesapeake Bay Resort and Beach Club but instead to
use a dedicated anchorage ground. This will move the lights from ships
anchored there further offshore.
Although boaters would be allowed to fish in the proposed anchorage
ground, we would strongly discourage crab pot fishing as we would
around any places vessels anchor because lines may get caught or cut by
the anchors and propellers of vessels anchoring. Mariners deciding to
fish in the anchorage ground would do so at the risk of their lines or
other fishing gear getting snagged or cut by anchor lines or
propellers. Fishing vessels would also need to comply with the
provisions outlined in the Navigation Rules of the Road (see 33 CFR
part 83).
An additional commenter opposed the anchorage contemplated in the
ANPRM requesting that if the ships could not anchor closer to Norfolk
than they should anchor at sea until they are called to port. The Coast
Guard cannot direct vessels to anchor greater than 12 NM offshore or to
stay at sea where they could become exposed to unsafe environmental
weather conditions. However, in this NPRM, the proposed anchorage is
being shifted further west from Cape Charles, VA and will now be
regulated, enhancing the overall safety and security of both vessels
and the public.
3. Safety and Security Compliance Concerns
Ten comments were received regarding vessel safety and crewmember
security. Under 33 CFR part 160, subpart C, in general, U.S. vessels in
commercial service and foreign vessels entering port must provide a
Notice of Arrival to the Coast Guard. The vessel's Notice of Arrival is
vetted by numerous federal agencies to ensure compliance with
applicable safety and security laws prior to the vessel and its crews
entering U.S. waters. Speaking specifically to foreign crewmembers,
U.S. Customs and Border Protection (CBP) screen and provide escort
protocol for those individuals who are seeking to go ashore. All
crewmembers must remain onboard the vessel unless clearance from CBP
has been obtained prior to going ashore.
4. View From Shore Concerns
A total of six comments were received opposing the anchorage due to
the negative impact anchored vessels could have on the view from shore
and diminished property values. The Coast Guard considered these
comments to find an alternate anchorage area. Based on exposure to
weather, tug and barge traffic density, and navigational safety
concerns for areas west of Chesapeake Channel due to drafts between 25
feet and 35 feet with numerous shoals, the proposed alternative areas
were considered unsafe for deep draft vessels to anchor. To mitigate
the issues associated with the view shed, the Coast Guard moved the
anchorage to 3 NM offshore vice the original 1.5 NM and as far west as
500 yards from the Chesapeake Channel. Directly east of Cape Charles
heading north towards the Cherry Stone Camp Grounds, the anchorage gets
progressively narrower to reduce the overall number of vessels offshore
that would be viewed on the horizon.
5. Anchorage Proponent
Three responses were received in support of a new, deep-water
anchorage due to the growing maritime infrastructure in the
Commonwealth of Virginia. With the support of the anchorage, there were
also recommendations to review the existing anchorages within the lower
Chesapeake Bay, to maintain the original anchorage proposal, and to
expand the boundaries of the anchorage proposal. The existing
anchorages will not be reviewed for this rulemaking. The need to adjust
the anchorage to include deep water to the north of the proposed area
was suggested and incorporated into this adjusted proposal. Various
mariner subject matter experts were consulted to ensure navigation
safety of both anchored vessels and vessels transiting near the
proposed Anchorage R and the proposed Quarantine Anchorage. With
limited availability of a deep draft anchorage in the existing naval
anchorages, this anchorage proposal is anticipated to enhance the
navigation safety of the port and more safely and effectively support
commercial vessel anchoring requirements on the Lower Chesapeake Bay.
IV. Discussion of the Proposed Rule
The Coast Guard proposes to establish a new Anchorage R and
relocate the existing Quarantine Anchorage. This proposal reflects our
consideration of all comments received from the ANPRM and the Record of
Environmental Consideration. We believe this will more effectively
establish a new deep-water anchorage ground for commercial vessels to
support the new and projected growth in maritime commerce vessel
traffic throughout the Port of Virginia. The approximate depths of the
proposed new Anchorage R will be located in naturally deep water with
charted depths between 25 and 101 feet. The average depth of the
northern half of the anchorage is between 45 and 101 feet. The average
depth of the southern half of the anchorage is between 25 and 45 feet.
The 7.9 NM long eastern boundary of the proposed Anchorage R is
located 3 NM to the west of landside Cape Charles, VA on the Lower
Chesapeake Bay. The southernmost boundary is 3.9 NM, and runs parallel
with, and 500 yards north of the existing Regulated Navigation Area (33
CFR 165.501) connected along the SE to S coordinates
[[Page 29084]]
listed in the proposed regulatory language below. The western boundary
of the anchorage grounds runs parallel along, and no less than 500
yards east of York Spit Channel for 13.9 NM to include the 11.2 NM
between lighted buoy 24 and lighted buoy 38 and then continues to the
northeast for 2.7 NM north of lighted buoy 38, connected along the
listed S, SW and NW coordinates. The final northern most boundary is
0.6 NM connected by the listed NW and NE coordinates.
The Coast Guard proposes moving the existing Quarantine Anchorage
(Anchorage Q), from the current location 3.5 NM to the west of landside
of Cape Charles, VA, and east of York Spit Channel between lighted
buoys 36 to 38, relocating it 6 NM southwest of Fishermans Point, VA.
The new location runs 625 yards west of York Spit Channel between buoys
16 and 18. The eastern boundary of proposed Anchorage Q runs parallel
to York Spit Channel for 2.2 NM, connected by the NE and SE coordinates
as outlined in the proposed regulatory language. The southernmost
boundary is 1.3 NM from the emergency restricted area outside the
Chesapeake Bay Bridge Tunnel, connected by the listed SE and SW
coordinates. The westernmost boundary is 2.2 NM, connected by the
listed SW and NW coordinates. The northernmost boundary is 450 yards
southwest of York River Entrance Channel and runs for 1.3 NM, connected
by the listed NW and NE coordinates.
The regulatory text we are proposing, including the coordinates
mention above, appears at the end of this document. You may find a
drawing of the proposed anchorage grounds in the docket. Look for
Illustration of Contemplated Anchorage ``R'' and ``Quarantine''
Anchorage.
V. 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 and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and historical vessel traffic data pertaining to the proposed
anchorage locations. The regulation would ensure approximately 18
square miles of anchorage grounds are designated to provide a necessary
commercial deep draft anchorage and enhance the navigational safety of
large naval and commercial vessels transiting within the lower
Chesapeake Bay. In reviewing historical Automated Information System
(AIS) track line data of vessel transits, the proposed Anchorages
Quarantine and R areas are safe locations for vessels to anchor in a
minimally trafficked section of the Chesapeake Bay while maintaining a
more appropriate safe distance from shore.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to use the
anchorage may be small entities, for the reasons stated in section IV.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator. The towns and communities along the
western coast of Eastern Shore of Virginia have an economy based on
tourism and numerous small entities and businesses. The anchorage will
regulate and move vessels who are currently anchoring in the general
vicinity away from the shore and beaches, lessening impacts these small
entities may currently experience.
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 explaining
why you think it qualifies and how and to what degree this rule would
economically affect it.
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 the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the
[[Page 29085]]
effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1 (series)
OM, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 proposed rule involves amending
the regulations for Hampton Roads and adjacent water anchorages by
establishing an anchorage, Anchorage R, 3 NM west of Cape Charles, VA
and relocating the existing Quarantine Anchorage, Anchorage Q, to a
more secluded position that is 6 NM southwest of Fishermans Point, VA.
Normally, such actions are categorically excluded from further review
under paragraphs L59(a) and L59(b) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy/docket,
visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
We plan to hold three public meetings to receive oral comments on
this NPRM, one in Norfolk, VA and two in Cape Charles, VA. The first
public meeting will be held on Monday, June 25, 2018, from 5 p.m. to 7
p.m. at Slover Public Library Meeting Room, 235 E. Plume Street,
Norfolk, VA 23510. Two public meetings will be held on July 10, 2018 at
Cape Charles Civic Center, 500 Tazwell Avenue, Cape Charles, VA; the
first meeting will be held from 1 p.m. to 3 p.m. and the second meeting
will be held from 6 p.m. to 8 p.m. For information on facilities or
services for individuals with disabilities or to request special
assistance at the public meeting, contact the person named in the FOR
FURTHER INFORMATION CONTACT section, above.
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
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C., 471, 1221 through 1236, 2071; 33 CFR
1.05-1; Department Homeland Security Delegation No 0170.1.
0
2. In Sec. 110.168, add introductory text in paragraph (a), revise
paragraph (a)(6), and add paragraph (a)(7) to read as follows:
Sec. 110.168 Hampton Roads, Virginia and adjacent waters.
(a) Anchorage Grounds. All coordinates in this section for
anchorage grounds are based on North American Datum of 1983 (NAD 83).
* * * * *
(6) Anchorage Q. Quarantine Anchorage. The waters bound by a line
connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]05'40'' N 076[deg]08'12'' W
37[deg]05'40'' N 076[deg]07'19'' W
37[deg]03'46'' N 076[deg]05'58'' W
37[deg]03'46'' N 076[deg]06'51'' W
------------------------------------------------------------------------
(7) Anchorage R. The waters all within the Chesapeake Bay, bound by
a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]19'10'' N 076[deg]05'00'' W
37[deg]12'00'' N 076[deg]05'00'' W
37[deg]09'08'' N 076[deg]08'19'' W
37[deg]11'23'' N 076[deg]08'49'' W
37[deg]19'10'' N 076[deg]05'46'' W
------------------------------------------------------------------------
* * * * *
Dated: June 8, 2018.
Meredith Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2018-13439 Filed 6-19-18; 4:15 pm]
BILLING CODE 9110-04-P