Anchorage Grounds; Baltimore Harbor, Baltimore, MD, 40164-40167 [2018-17469]

Download as PDF 40164 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local Flight Standards District Office/ Certificate Holding District Office. (k) Related Information (1) For more information about this AD, contact Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238– 7088; fax: 781–238–7199; email: kevin.m.clark@faa.gov. (2) For service information identified in this AD, contact Rolls-Royce plc, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011– 44–1332–242424; fax: 011–44–1332–249936, or email: http://www.rolls-royce.com/ contact/civil_team.jsp. You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7759. Issued in Burlington, Massachusetts, on August 9, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2018–17405 Filed 8–13–18; 8:45 am] BILLING CODE 4910–13–P anchorages. This proposed rule would ensure that Coast Guard regulations are consistent with the U.S. Army Corps of Engineers Baltimore District Port of Baltimore Anchorages and Channels civil works project that widened the channel, and provide a higher degree of safety to persons, property and the environment by accurately depicting the anchorage locations. The proposed changes to the regulated uses of the anchorages would support current and future port activity related to the safety of post-Panamax commercial cargo vessels, and would remove vessel security provisions that currently exist in these Baltimore Harbor regulations. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before November 13, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0181 using the Federal eRulemaking Portal at http:// 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 Mr. Ronald L. Houck, U.S. Coast Guard, Sector Maryland-National Capital Region, Waterways Management Division, Coast Guard; telephone (410) 576–2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [Docket Number USCG–2017–0181] RIN 1625–AA01 Anchorage Grounds; Baltimore Harbor, Baltimore, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: amozie on DSK3GDR082PROD with PROPOSALS1 ACTION: The Coast Guard proposes to amend its Baltimore Harbor anchorage grounds regulation. The proposed changes would reduce the size of three general anchorages, establish one new general anchorage, rename two existing general anchorages, and change the duration a vessel may remain within an anchorage for two existing general SUMMARY: VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 II. Background, Purpose, and Legal Basis Anchorage regulation duties and powers were transferred to the Coast Guard in 1967 (32 FR 17726, Dec. 12, 1967). On December 12, 1968, the Fifth Coast Guard District published a final rule in the Federal Register (33 FR 18438) establishing an anchorage area in Baltimore Harbor, Maryland. The anchorage grounds at Baltimore, Maryland are described in 33 CFR 110.158. These anchorage grounds are involved in a federal navigation project under the jurisdiction of the U.S. Army Corps of Engineers Baltimore District. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Section 101a(22) of the Water Resources Development Act of 1999 (Pub. L. 106– 53, 113 Stat 269 (1999)) authorized widening of the Dundalk and Seagirt Marine Terminal channels. Widening of the Seagirt Marine Terminal channel occurred in 2015. This dredging widened the limits of existing navigation channels which are used to access key Maryland Port Administration marine terminals located immediately adjacent to the Baltimore Harbor, Maryland anchorage grounds, and put the existing anchorage grounds in the way of the newly expanded navigation channels. To addresses these changes, Sector Maryland-National Capital Region, Baltimore, Maryland, worked in coordination with the Port of Baltimore Harbor Safety and Coordination Committee to develop proposed revisions to the affected anchorage boundaries and associated regulations. The purpose of this rulemaking is to reduce navigational safety risk and support port efficiency in Baltimore Harbor. This proposed rule would designate a new general anchorage ground developed from an existing anchorage ground that is located outside of the established navigation channel in order to align with the existing U.S. Army Corps of Engineers Baltimore District Port of Baltimore Anchorages and Channels civil works project. The Baltimore Harbor anchorage grounds are typically used by deep draft commercial cargo vessels. In order to maximize the availability and use of these important anchorages, this proposed rule would also change the duration for which vessels may remain in these anchorages. This proposed rule would reduce the duration a vessel may remain within Anchorage No. 3 Lower (proposed to be changed to Anchorage No. 3A) and Anchorage No. 4, from 72 hours to 24 hours. Lastly, due to similar provisions within the Maritime Transportation Security Act of 2002 (MTSA) (Pub. L. 107–295) and federal regulations (33 CFR part 104, and 46 CFR chapter 1, subchapters N and O), the vessel security requirements in § 110.158(d) are now redundant and would be removed as part of this proposed rule. The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236, 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. III. Discussion of Proposed Rule The Coast Guard proposes to amend the Baltimore Harbor, Maryland anchorage grounds as described in 33 E:\FR\FM\14AUP1.SGM 14AUP1 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules CFR 110.158. The general anchorages currently listed in the regulation that would be affected by this proposed rule are Anchorage No. 2, Anchorage No. 3 Upper, Anchorage No. 3 Lower, Anchorage No. 4, Anchorage No. 5 and Anchorage No. 6. This proposed rule would reduce the sizes of Anchorage No. 2, Anchorage No. 3 Lower, and Anchorage No. 4. These reductions would remove the portions of the anchorage grounds that are in the navigable channel. The area of Anchorage No. 2 would be reduced by approximately 16,330 square yards along its northern limit and approximately 326,770 square yards along its eastern limit. The area of Anchorage No. 3 Lower would be reduced at its eastern limit by 12,560 square yards. The area of Anchorage No. 4 would be reduced at its western limit by 6,000 square yards. This proposed rule would rename Anchorage No. 3 Lower to Anchorage No. 3A, and rename Anchorage No. 3 Upper to Anchorage No. 3B. This proposed rule would revise Anchorage No. 2 and would create an area called Anchorage No. 3C out of existing anchorage ground from Anchorage No. 2. An area within Anchorage No. 2 that is approximately 500 yards in length and 165 yards in width, and adjacent to Anchorage No. 3 Upper, would become Anchorage No. 3C. This reconfiguration does not provide new space available for anchorage, would not restrict traffic, and is located outside of the established navigation channel. A graphic depicting these changes is included in the docket. This proposed rule would reduce the duration a vessel may remain within Anchorage No. 3 Lower (proposed to be changed to Anchorage No. 3A) and Anchorage No. 4, from 72 hours to 24 hours. These changes are based on recommendations documented by the Port of Baltimore Harbor Safety and Coordination Committee on September 8, 2010, and the Association of Maryland Pilots. The Port of Baltimore Harbor Safety and Coordination Committee’s recommendation is available in the docket. The Coast Guard agrees that the Committee’s recommendation addresses the problem of ensuring maximum availability and use of these anchorages. This proposed rule would establish that a vessel may remain within Anchorage No. 3C for no more than 72 hours without permission from the Captain of the Port, to remain consistent with the regulations for Anchorage No. 2. This rulemaking rule would renumber several paragraphs listed in 33 CFR 110.158, from (a)(3) Anchorage No. 3, Upper, general anchorage, through (a)(8) VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 Anchorage No. 7, Dead ship anchorage. All anchorage ground descriptions would be updated to state they are in the waters of the Patapsco River, except for Anchorage No. 7, Dead ship anchorage, which would be updated to state it is in the waters of Curtis Bay. Designation of the new Anchorage No. 3C would create a new paragraph, (a)(9) for Anchorage No. 7, Dead ship anchorage. This rulemaking would modify paragraph (c)(3) of the general regulations to remove the reference to a vessel becoming ‘‘a menace’’ because we do not define that term and we don’t believe it is needed given other factors already included in that paragraph. We also propose to change the defined term ‘‘dangerous cargo’’ to ‘‘certain dangerous cargo’’ without changing the definition, continuing to incorporate the definition of certain dangerous cargo from 33 CFR 160.202, and aligning terminology used in this proposed rule with that used throughout the rest of 33 CFR 110.158. This rulemaking would remove paragraphs (c)(4) regarding revocable permits for habitual use of an anchorage, and paragraph (d) in their entirety for reasons stated earlier. The regulatory text we are proposing appears at the end of this document. IV. 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 E.O.s. 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. The Coast Guard has determined this proposed rule is not a significant regulatory action because it would not interfere with existing maritime activity in Baltimore Harbor. Moreover, the proposed changes would reduce navigational safety risk in Baltimore Harbor by: (1) Aligning existing general anchorage boundaries with recent dredging projects that widened the PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 40165 limits of adjacent navigational channels, (2) reducing the duration a vessel may remain within an anchorage to increase availability and usage, and (3) renaming and reconfiguring general anchorages that support a proper naming and numbering convention within the existing anchorage regulation. The reconfiguration of the additional general anchorage does not provide additional anchorage area and would not restrict traffic, as it is developed from an existing anchorage and is located outside of the established navigation channel. As discussed in section III above, this proposed rule would replace the ‘‘dangerous cargo’’ definition with one for ‘‘certain dangerous cargo’’ and remove vessel security provisions that are redundant to other federal regulations. 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. For the reasons stated in paragraph IV.A above, this proposed rule would not have a 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. 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 proposed 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. E:\FR\FM\14AUP1.SGM 14AUP1 40166 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules 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 above. amozie on DSK3GDR082PROD with PROPOSALS1 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 effects of this rule elsewhere in this preamble. F. 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. This proposed rule VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 involves the modification of existing anchorages within the Baltimore Harbor, Maryland anchorage grounds. Normally such actions are categorically excluded from further review under paragraph L59(a) and (b) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. V. 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// 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 http://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. 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: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 110.158 to read as follows: § 110.158 Baltimore Harbor, MD. (a) Anchorage Grounds—(1) No. 1, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude 39°15′13.51″ 39°15′11.01″ 39°14′52.98″ 39°14′47.90″ Longitude N N N N 76°34′07.76″ 76°34′11.69″ 76°33′52.67″ 76°33′40.73″ W W W W These coordinates are based on North American Datum 83 (NAD 83). (ii) No vessel shall remain in this anchorage for more than 12 hours without permission from the Captain of the Port. (2) Anchorage No. 2, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude 39°14′50.06″ 39°14′57.53″ 39°15′08.56″ 39°15′15.77″ 39°15′18.87″ 39°15′17.71″ 39°14′50.35″ 39°14′45.28″ 39°14′46.27″ 39°14′43.76″ 39°14′57.51″ 39°14′55.60″ 39°14′59.42″ Longitude N N N N N N N N N N N N N 76°33′29.86″ 76°33′37.74″ 76°33′37.66″ 76°33′28.81″ 76°33′12.82″ 76°33′09.09″ 76°32′40.43″ 76°32′48.68″ 76°32′49.69″ 76°32′53.63″ 76°33′08.14″ 76°33′11.14″ 76°33′15.17″ W W W W W W W W W W W W W These coordinates are based on NAD 83. (ii) No vessel shall remain in this anchorage for more than 72 hours without permission from the Captain of the Port. (3) Anchorage No. 3A, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude 39°14′15.66″ 39°14′32.48″ 39°14′46.27″ 39°14′32.50″ 39°14′22.37″ Longitude N N N N N 76°32′53.59″ 76°33′11.31″ 76°32′49.69″ 76°32′35.18″ 76°32′43.07″ W W W W W These coordinates are based on NAD 83. E:\FR\FM\14AUP1.SGM 14AUP1 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules (ii) No vessel shall remain in this anchorage for more than 24 hours without permission from the Captain of the Port. (4) Anchorage No. 3B, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude 39°14′32.48″ 39°14′46.23″ 39°14′57.51″ 39°14′43.76″ Longitude N N N N 76°33′11.31″ 76°33′25.83″ 76°33′08.14″ 76°32′53.63″ W W W W Latitude 39°13′21.20″ N (ii) No vessel shall remain in this anchorage for more than 72 hours without permission from the Captain of the Port. (8) Anchorage No. 6, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude (ii) No vessel shall remain in this anchorage for more than 24 hours without permission from the Captain of the Port. (5) Anchorage No. 3C, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: 39°14′46.23″ 39°14′50.06″ 39°14′59.42″ 39°14′55.60″ Longitude N N N N 76°33′25.83″ 76°33′29.86″ 76°33′15.17″ 76°33′11.14″ W W W W 39°13′42.98″ 39°13′20.65″ 39°13′34.00″ 39°14′01.95″ 39°13′51.01″ Latitude 39°13′52.92″ 39°14′04.38″ 39°14′09.35″ 39°14′17.96″ 39°14′05.32″ 39°14′00.05″ 76°32′29.60″ 76°32′41.69″ 76°32′39.89″ 76°32′26.44″ 76°32′13.09″ 76°32′17.77″ W W W W W W amozie on DSK3GDR082PROD with PROPOSALS1 These coordinates are based on NAD 83. (ii) No vessel shall remain in this anchorage for more than 24 hours without permission from the Captain of the Port. (7) Anchorage No. 5, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: Latitude 39°14′07.89″ N 39°13′34.82″ N 39°13′22.25″ N VerDate Sep<11>2014 Longitude 76°32′58.23″ W 76°32′23.66″ W 76°32′28.90″ W 17:23 Aug 13, 2018 Jkt 244001 N N N N N 76°32′19.11″ 76°31′55.58″ 76°31′33.50″ 76°32′02.65″ 76°32′18.71″ W W W W W (ii) No vessel shall remain in this anchorage for more than 72 hours without permission from the Captain of the Port. (9) Anchorage No. 7, Dead ship anchorage. (i) All waters of Curtis Bay, bounded by a line connecting the following points: Latitude Longitude N N N N N N Longitude These coordinates are based on NAD 83. These coordinates are based on NAD 83. (ii) No vessel shall remain in this anchorage for more than 72 hours without permission from the Captain of the Port. (6) Anchorage No. 4, general anchorage. (i) All waters of the Patapsco River, bounded by a line connecting the following points: 76°33′11.94″ W These coordinates are based on NAD 83. These coordinates are based on NAD 83. Latitude Longitude 39°13′00.40″ 39°13′13.40″ 39°13′13.96″ 39°13′14.83″ 39°13′00.40″ Longitude N N N N N 76°34′10.40″ 76°34′10.81″ 76°34′05.02″ 76°33′29.80″ 76°33′29.90″ W W W W W These coordinates are based on NAD 83. (ii) The primary use of this anchorage is to lay up dead ships. Such use has priority over other uses. Permission from the Captain of the Port must be obtained prior to the use of this anchorage for more than 72 hours. (b) Definitions. As used in this section— Certain dangerous cargo means certain dangerous cargo as defined in § 160.202 of this chapter. COTP means Captain of the Port Sector Maryland—National Capital Region. (c) General regulations. (1) Except as otherwise provided, this section applies to vessels over 20 meters long and all vessels carrying or handling certain dangerous cargo while anchored in an anchorage ground described in this section. (2) Except in cases where unforeseen circumstances create conditions of imminent peril, or with the permission of the Captain of the Port, no vessel shall be anchored in Baltimore Harbor or the Patapsco River outside of the PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 40167 anchorage areas established in this section for more than 24 hours. No vessel shall anchor within a tunnel, cable or pipeline area shown on a government chart. No vessel shall be moored, anchored, or tied up to any pier, wharf, or other vessel in such manner as to extend into established channel limits. No vessel shall be positioned so as to obstruct or endanger the passage of any other vessel. (3) Except in an emergency, a vessel that is likely to sink or otherwise become an obstruction to navigation or the anchoring of other vessels may not occupy an anchorage, unless the vessel obtains permission from the Captain of the Port. (4) Upon notification by the Captain of the Port to shift its position, a vessel at anchor must get underway and shall move to its new designated position within two hours after notification. (5) The Captain of the Port may prescribe specific conditions for vessels anchoring within the anchorages described in this section, including, but not limited to, the number and location of anchors, scope of chain, readiness of engineering plant and equipment, usage of tugs, and requirements for maintaining communication guards on selected radio frequencies. (6) No vessel at anchor or at a mooring within an anchorage may transfer oil to or from another vessel unless the vessel has given the Captain of the Port the four hours advance notice required by § 156.118 of this chapter. (7) No vessel shall anchor in a ‘‘dead ship’’ status (propulsion or control unavailable for normal operations) without prior approval of the Captain of the Port. Dated: August 1, 2018. Meredith L. Austin, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2018–17469 Filed 8–13–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Parts 600 and 668 [Docket ID ED–2018–OPE–0042] RIN 1840–AD31 Program Integrity: Gainful Employment Office of Postsecondary Education, Department of Education. ACTION: Notice of proposed rulemaking. AGENCY: The Secretary proposes to rescind the gainful employment (GE) regulations, which added to the Student Assistance General Provisions SUMMARY: E:\FR\FM\14AUP1.SGM 14AUP1

Agencies

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Proposed Rules]
[Pages 40164-40167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2017-0181]
RIN 1625-AA01


Anchorage Grounds; Baltimore Harbor, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its Baltimore Harbor 
anchorage grounds regulation. The proposed changes would reduce the 
size of three general anchorages, establish one new general anchorage, 
rename two existing general anchorages, and change the duration a 
vessel may remain within an anchorage for two existing general 
anchorages. This proposed rule would ensure that Coast Guard 
regulations are consistent with the U.S. Army Corps of Engineers 
Baltimore District Port of Baltimore Anchorages and Channels civil 
works project that widened the channel, and provide a higher degree of 
safety to persons, property and the environment by accurately depicting 
the anchorage locations. The proposed changes to the regulated uses of 
the anchorages would support current and future port activity related 
to the safety of post-Panamax commercial cargo vessels, and would 
remove vessel security provisions that currently exist in these 
Baltimore Harbor regulations. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 13, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0181 using the Federal eRulemaking Portal at http://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 Mr. Ronald L. Houck, U.S. Coast 
Guard, Sector Maryland-National Capital Region, Waterways Management 
Division, Coast Guard; telephone (410) 576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Anchorage regulation duties and powers were transferred to the 
Coast Guard in 1967 (32 FR 17726, Dec. 12, 1967). On December 12, 1968, 
the Fifth Coast Guard District published a final rule in the Federal 
Register (33 FR 18438) establishing an anchorage area in Baltimore 
Harbor, Maryland. The anchorage grounds at Baltimore, Maryland are 
described in 33 CFR 110.158. These anchorage grounds are involved in a 
federal navigation project under the jurisdiction of the U.S. Army 
Corps of Engineers Baltimore District. Section 101a(22) of the Water 
Resources Development Act of 1999 (Pub. L. 106-53, 113 Stat 269 (1999)) 
authorized widening of the Dundalk and Seagirt Marine Terminal 
channels. Widening of the Seagirt Marine Terminal channel occurred in 
2015. This dredging widened the limits of existing navigation channels 
which are used to access key Maryland Port Administration marine 
terminals located immediately adjacent to the Baltimore Harbor, 
Maryland anchorage grounds, and put the existing anchorage grounds in 
the way of the newly expanded navigation channels. To addresses these 
changes, Sector Maryland-National Capital Region, Baltimore, Maryland, 
worked in coordination with the Port of Baltimore Harbor Safety and 
Coordination Committee to develop proposed revisions to the affected 
anchorage boundaries and associated regulations.
    The purpose of this rulemaking is to reduce navigational safety 
risk and support port efficiency in Baltimore Harbor. This proposed 
rule would designate a new general anchorage ground developed from an 
existing anchorage ground that is located outside of the established 
navigation channel in order to align with the existing U.S. Army Corps 
of Engineers Baltimore District Port of Baltimore Anchorages and 
Channels civil works project. The Baltimore Harbor anchorage grounds 
are typically used by deep draft commercial cargo vessels. In order to 
maximize the availability and use of these important anchorages, this 
proposed rule would also change the duration for which vessels may 
remain in these anchorages. This proposed rule would reduce the 
duration a vessel may remain within Anchorage No. 3 Lower (proposed to 
be changed to Anchorage No. 3A) and Anchorage No. 4, from 72 hours to 
24 hours. Lastly, due to similar provisions within the Maritime 
Transportation Security Act of 2002 (MTSA) (Pub. L. 107-295) and 
federal regulations (33 CFR part 104, and 46 CFR chapter 1, subchapters 
N and O), the vessel security requirements in Sec.  110.158(d) are now 
redundant and would be removed as part of this proposed rule.
    The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236, 
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.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend the Baltimore Harbor, Maryland 
anchorage grounds as described in 33

[[Page 40165]]

CFR 110.158. The general anchorages currently listed in the regulation 
that would be affected by this proposed rule are Anchorage No. 2, 
Anchorage No. 3 Upper, Anchorage No. 3 Lower, Anchorage No. 4, 
Anchorage No. 5 and Anchorage No. 6.
    This proposed rule would reduce the sizes of Anchorage No. 2, 
Anchorage No. 3 Lower, and Anchorage No. 4. These reductions would 
remove the portions of the anchorage grounds that are in the navigable 
channel. The area of Anchorage No. 2 would be reduced by approximately 
16,330 square yards along its northern limit and approximately 326,770 
square yards along its eastern limit. The area of Anchorage No. 3 Lower 
would be reduced at its eastern limit by 12,560 square yards. The area 
of Anchorage No. 4 would be reduced at its western limit by 6,000 
square yards.
    This proposed rule would rename Anchorage No. 3 Lower to Anchorage 
No. 3A, and rename Anchorage No. 3 Upper to Anchorage No. 3B. This 
proposed rule would revise Anchorage No. 2 and would create an area 
called Anchorage No. 3C out of existing anchorage ground from Anchorage 
No. 2. An area within Anchorage No. 2 that is approximately 500 yards 
in length and 165 yards in width, and adjacent to Anchorage No. 3 
Upper, would become Anchorage No. 3C. This reconfiguration does not 
provide new space available for anchorage, would not restrict traffic, 
and is located outside of the established navigation channel. A graphic 
depicting these changes is included in the docket.
    This proposed rule would reduce the duration a vessel may remain 
within Anchorage No. 3 Lower (proposed to be changed to Anchorage No. 
3A) and Anchorage No. 4, from 72 hours to 24 hours. These changes are 
based on recommendations documented by the Port of Baltimore Harbor 
Safety and Coordination Committee on September 8, 2010, and the 
Association of Maryland Pilots. The Port of Baltimore Harbor Safety and 
Coordination Committee's recommendation is available in the docket. The 
Coast Guard agrees that the Committee's recommendation addresses the 
problem of ensuring maximum availability and use of these anchorages. 
This proposed rule would establish that a vessel may remain within 
Anchorage No. 3C for no more than 72 hours without permission from the 
Captain of the Port, to remain consistent with the regulations for 
Anchorage No. 2.
    This rulemaking rule would renumber several paragraphs listed in 33 
CFR 110.158, from (a)(3) Anchorage No. 3, Upper, general anchorage, 
through (a)(8) Anchorage No. 7, Dead ship anchorage. All anchorage 
ground descriptions would be updated to state they are in the waters of 
the Patapsco River, except for Anchorage No. 7, Dead ship anchorage, 
which would be updated to state it is in the waters of Curtis Bay. 
Designation of the new Anchorage No. 3C would create a new paragraph, 
(a)(9) for Anchorage No. 7, Dead ship anchorage. This rulemaking would 
modify paragraph (c)(3) of the general regulations to remove the 
reference to a vessel becoming ``a menace'' because we do not define 
that term and we don't believe it is needed given other factors already 
included in that paragraph. We also propose to change the defined term 
``dangerous cargo'' to ``certain dangerous cargo'' without changing the 
definition, continuing to incorporate the definition of certain 
dangerous cargo from 33 CFR 160.202, and aligning terminology used in 
this proposed rule with that used throughout the rest of 33 CFR 
110.158. This rulemaking would remove paragraphs (c)(4) regarding 
revocable permits for habitual use of an anchorage, and paragraph (d) 
in their entirety for reasons stated earlier.
    The regulatory text we are proposing appears at the end of this 
document.

IV. 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 E.O.s.

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.
    The Coast Guard has determined this proposed rule is not a 
significant regulatory action because it would not interfere with 
existing maritime activity in Baltimore Harbor. Moreover, the proposed 
changes would reduce navigational safety risk in Baltimore Harbor by: 
(1) Aligning existing general anchorage boundaries with recent dredging 
projects that widened the limits of adjacent navigational channels, (2) 
reducing the duration a vessel may remain within an anchorage to 
increase availability and usage, and (3) renaming and reconfiguring 
general anchorages that support a proper naming and numbering 
convention within the existing anchorage regulation. The 
reconfiguration of the additional general anchorage does not provide 
additional anchorage area and would not restrict traffic, as it is 
developed from an existing anchorage and is located outside of the 
established navigation channel. As discussed in section III above, this 
proposed rule would replace the ``dangerous cargo'' definition with one 
for ``certain dangerous cargo'' and remove vessel security provisions 
that are redundant to other federal regulations.

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.
    For the reasons stated in paragraph IV.A above, this proposed rule 
would not have a 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.
    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 proposed 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.

[[Page 40166]]

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 above.

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 effects of this rule 
elsewhere in this preamble.

F. 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. This proposed rule involves the 
modification of existing anchorages within the Baltimore Harbor, 
Maryland anchorage grounds. Normally such actions are categorically 
excluded from further review under paragraph L59(a) and (b) of Appendix 
A, Table 1 of DHS Instruction Manual 023-01-001, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

V. 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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.

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 of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec.  110.158 to read as follows:


Sec.  110.158  Baltimore Harbor, MD.

    (a) Anchorage Grounds--(1) No. 1, general anchorage. (i) All waters 
of the Patapsco River, bounded by a line connecting the following 
points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]15'13.51'' N                  76[deg]34'07.76'' W
39[deg]15'11.01'' N                  76[deg]34'11.69'' W
39[deg]14'52.98'' N                  76[deg]33'52.67'' W
39[deg]14'47.90'' N                  76[deg]33'40.73'' W
------------------------------------------------------------------------
These coordinates are based on North American Datum 83 (NAD 83).

    (ii) No vessel shall remain in this anchorage for more than 12 
hours without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'57.53'' N                  76[deg]33'37.74'' W
39[deg]15'08.56'' N                  76[deg]33'37.66'' W
39[deg]15'15.77'' N                  76[deg]33'28.81'' W
39[deg]15'18.87'' N                  76[deg]33'12.82'' W
39[deg]15'17.71'' N                  76[deg]33'09.09'' W
39[deg]14'50.35'' N                  76[deg]32'40.43'' W
39[deg]14'45.28'' N                  76[deg]32'48.68'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (3) Anchorage No. 3A, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]14'15.66'' N                  76[deg]32'53.59'' W
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'32.50'' N                  76[deg]32'35.18'' W
39[deg]14'22.37'' N                  76[deg]32'43.07'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.


[[Page 40167]]

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (4) Anchorage No. 3B, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (5) Anchorage No. 3C, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (6) Anchorage No. 4, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]13'52.92'' N                  76[deg]32'29.60'' W
39[deg]14'04.38'' N                  76[deg]32'41.69'' W
39[deg]14'09.35'' N                  76[deg]32'39.89'' W
39[deg]14'17.96'' N                  76[deg]32'26.44'' W
39[deg]14'05.32'' N                  76[deg]32'13.09'' W
39[deg]14'00.05'' N                  76[deg]32'17.77'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 24 
hours without permission from the Captain of the Port.
    (7) Anchorage No. 5, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]14'07.89'' N                  76[deg]32'58.23'' W
39[deg]13'34.82'' N                  76[deg]32'23.66'' W
39[deg]13'22.25'' N                  76[deg]32'28.90'' W
39[deg]13'21.20'' N                  76[deg]33'11.94'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (8) Anchorage No. 6, general anchorage. (i) All waters of the 
Patapsco River, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]13'42.98'' N                  76[deg]32'19.11'' W
39[deg]13'20.65'' N                  76[deg]31'55.58'' W
39[deg]13'34.00'' N                  76[deg]31'33.50'' W
39[deg]14'01.95'' N                  76[deg]32'02.65'' W
39[deg]13'51.01'' N                  76[deg]32'18.71'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) No vessel shall remain in this anchorage for more than 72 
hours without permission from the Captain of the Port.
    (9) Anchorage No. 7, Dead ship anchorage. (i) All waters of Curtis 
Bay, bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
39[deg]13'00.40'' N                  76[deg]34'10.40'' W
39[deg]13'13.40'' N                  76[deg]34'10.81'' W
39[deg]13'13.96'' N                  76[deg]34'05.02'' W
39[deg]13'14.83'' N                  76[deg]33'29.80'' W
39[deg]13'00.40'' N                  76[deg]33'29.90'' W
------------------------------------------------------------------------
These coordinates are based on NAD 83.

    (ii) The primary use of this anchorage is to lay up dead ships. 
Such use has priority over other uses. Permission from the Captain of 
the Port must be obtained prior to the use of this anchorage for more 
than 72 hours.
    (b) Definitions. As used in this section--
    Certain dangerous cargo means certain dangerous cargo as defined in 
Sec.  160.202 of this chapter.
    COTP means Captain of the Port Sector Maryland--National Capital 
Region.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and all vessels carrying 
or handling certain dangerous cargo while anchored in an anchorage 
ground described in this section.
    (2) Except in cases where unforeseen circumstances create 
conditions of imminent peril, or with the permission of the Captain of 
the Port, no vessel shall be anchored in Baltimore Harbor or the 
Patapsco River outside of the anchorage areas established in this 
section for more than 24 hours. No vessel shall anchor within a tunnel, 
cable or pipeline area shown on a government chart. No vessel shall be 
moored, anchored, or tied up to any pier, wharf, or other vessel in 
such manner as to extend into established channel limits. No vessel 
shall be positioned so as to obstruct or endanger the passage of any 
other vessel.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become an obstruction to navigation or the anchoring of other 
vessels may not occupy an anchorage, unless the vessel obtains 
permission from the Captain of the Port.
    (4) Upon notification by the Captain of the Port to shift its 
position, a vessel at anchor must get underway and shall move to its 
new designated position within two hours after notification.
    (5) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, 
scope of chain, readiness of engineering plant and equipment, usage of 
tugs, and requirements for maintaining communication guards on selected 
radio frequencies.
    (6) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to or from another vessel unless the vessel has given the 
Captain of the Port the four hours advance notice required by Sec.  
156.118 of this chapter.
    (7) No vessel shall anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without prior approval of 
the Captain of the Port.

    Dated: August 1, 2018.
Meredith L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2018-17469 Filed 8-13-18; 8:45 am]
BILLING CODE 9110-04-P