81 FR 22939 - Anchorage Grounds; Lower Chesapeake Bay, Cape Charles, VA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 75 (April 19, 2016)
Coast Guard
Federal Register Volume 81, Issue 75 (April 19, 2016)
| Page Range | 22939-22941 | |
| FR Document | 2016-09029 |
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)] [Proposed Rules] [Pages 22939-22941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09029] ----------------------------------------------------------------------- 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: Advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is considering amending the regulations for Hampton Roads, VA and adjacent waters anchorages by establishing a new anchorage, near Cape Charles, VA on the Lower Chesapeake Bay. This advance notice of proposed rulemaking (ANPRM) provides information relevant to, and solicits public comment on the possible creation of a Federal anchorage west of Cape Charles, VA on the Chesapeake Bay. Port of Virginia infrastructure improvements and growth in commercial vessel traffic entering the port, including large and deep-draft vessels have prompted this solicitation for comments on a potential proposed rulemaking. If the Coast Guard proceeds with a proposed rulemaking, the intended effect would be to ensure that the Hampton Roads Anchorage Grounds continue to safely support current and future maritime commerce and commercial vessel anchoring needs. We invite your comments on this ANPRM. DATES: Comments and related material must be received by the Coast Guard on or before July 18, 2016. [[Page 22940]] ADDRESSES: You may submit comments identified by docket number USCG- 2015-1118 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 on this document, call or email Lieutenant Commander Barbara Wilk, Sector Hampton Roads Waterway Management Division, phone 757-668-5581, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations ANPRM Advance notice of proposed rulemaking CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NM Nautical Miles VA Virginia II. Background, Purpose, and Legal Basis Recreational, public, and commercial vessels use the Hampton Roads Anchorage Grounds. General regulations covering the anchorage of vessels in the port are set out in 33 CFR 110.168. Coast Guard regulations covering the rulemaking process are set out in 33 CFR subpart 1.05. The Coast Guard held a meeting on February 20, 2015, with U.S. Navy and commercial maritime stakeholders to discuss solutions to enhance Port of Virginia waterway use. Attendance included Virginia Pilots Association, Virginia Maritime Association and local area pilots. Various courses of action were suggested by attendees as possible options to further enhance maritime commerce concurrently with U.S. Navy military requirements. This meeting provided valued insight toward developing a potential new anchorage ground that would facilitate the future growth of Port of Virginia. The purpose of this ANPRM is to solicit comments on potential proposed rulemaking to help accommodate increase in both the number of commercial vessels and traffic density and to enhance navigation safety for vessels transiting the Hampton Roads area by creating a Federal commercial anchorage west of Cape Charles, VA on the Lower Chesapeake Bay. Current trends indicate that shipping companies will call on the Port of Virginia using larger, deeper-draft vessels. Our intent for any proposed rulemaking would be to facilitate the safety of the port anchorages by providing an anchorage of adequate size, depth, and capacity to accommodate commercial vessels calling on the Port of Virginia. The legal basis and authorities for this advance notice of proposed rulemaking are found in 33 U.S.C. 471, 1221 through 1236; 33 CFR 1.05- 1, Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory anchorages. The Coast Guard is now considering a proposed rulemaking to establish a new commercial anchorage area in the vicinity of the Port of Virginia, west of Cape Charles, VA. III. Discussion of Potential Proposed Rulemaking The Coast Guard is considering a new deep-water anchorage ground for commercial vessels and to support projected growth in maritime commerce vessel traffic throughout the Port of Virginia. We are considering locating an anchorage ground in the Lower Chesapeake Bay, between Cape Charles and York Spit Channel. The anchorage ground under consideration is triangular in shape with an eastern boundary 7 nautical miles (NM) in length along the descending bank off Cape Charles, VA. The western boundary of the anchorage ground runs parallel with and 500 yards east of York Spit Channel for 6.3 NM, from lighted buoy 38 thence south to lighted buoy 30. The southern boundary of the anchorage is 5.4 NM in length measured along a line commencing 500 yards east of York Spit lighted buoy 30 thence eastward to a position approximately 1.5 miles from Cape Charles shoreline. The anchorages coordinates includes all waters of the Lower Chesapeake Bay bounded by a line connecting the following points: Latitude 37[deg]17'33'' N., longitude 076[deg]06'22'' W., thence southeast to latitude 37[deg]11'29'' N., longitude 076[deg]01'57'' W., thence west to latitude 37[deg]11'29'' N., longitude 076[deg]08'43'' W., thence northeast to point of origin. The approximate depths of the proposed new anchorage would be located in naturally deep water with charted depths ranging from 30 feet to 130 feet and the majority of the eastern part of the triangular anchorage having depths in excess of 60 feet. Current trends indicate that shipping companies will call on the Port of Virginia using larger, deeper draft vessels. You may find a drawing with an illustration of the contemplated anchorage ground in the docket. Look for Illustration of Contemplated Anchorage ``R.'' IV. 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, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this ANPRM 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 Web site'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 two public meetings to receive oral comments on this ANPRM and will announce the dates, times, and locations in a separate document published in the Federal Register. If you signed up for docket email alerts mentioned in the paragraph above, you will receive an email notice when the public meeting notice is published and placed in the docket. V. Information Requested Before the Coast Guard proposes specific regulations to amend and establish a new anchorage on the Lower Chesapeake Bay, the Coast Guard is requesting input from the public. The Coast Guard is particularly interested in receiving comments from all of those who have a stake in the viability of a Cape Charles alternative commercial deep-water anchorage ground for [[Page 22941]] commercial vessels and all those port stake holders who contribute to the unique characteristics of the Port of Virginia. Please provide additional information not specifically solicited by this ANPRM if you believe it would be helpful in understanding the implications of creating a Federal anchorage west of Cape Charles. Please submit any comments or concerns you may have in accordance with the ADDRESSES section. Dated: March 25, 2016. Stephen P. Metruck, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2016-09029 Filed 4-18-16; 8:45 am] BILLING CODE 9110-04-P
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do not individually or cumulatively public comments, will be in our online designated representative via VHF–FM
have a significant effect on the human docket at http://www.regulations.gov radio on channel 16 to request
environment. This proposed rule and can be viewed by following that authorization. If authorization is
involves a special local regulation that Web site’s instructions. Additionally, if granted, all persons and vessels
would prohibit persons and vessels you go to the online docket and sign up receiving such authorization must
from transiting through an for email alerts, you will be notified comply with the instructions of the
approximated 2,730 yard by 1,215 yard when comments are posted or a final COTP Jacksonville or designated
regulated area during a two day racing rule is published. representative.
event lasting eight hours daily. (3) The Coast Guard will provide
List of Subjects in 33 CFR Part 100
Normally such actions are categorically notice of the regulated area through
excluded from further review under Marine safety, Navigation (water), Broadcast Notice to Mariners via VHF–
paragraph 34(h) of Figure 2–1 of Reporting and recordkeeping FM channel 16 or by on-scene
Commandant Instruction M16475.lD. A requirements, Waterways. designated representatives.
preliminary environmental analysis For the reasons discussed in the (d) Enforcement Period. This section
checklist and Categorical Exclusion preamble, the Coast Guard proposes to will be enforced daily 9 a.m. to 5 p.m.
Determination are available in the amend 33 CFR part 100 as follows: on June 3rd and 4th, 2016.
docket where indicated under Dated: April 12, 2016.
ADDRESSES. We seek any comments or PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS J.F. Dixon,
information that may lead to the
Captain, U.S. Coast Guard, Captain of the
discovery of a significant environmental Port Jacksonville.
■ 1. The authority citation for part 100
impact from this proposed rule.
continues to read as follows: [FR Doc. 2016–08967 Filed 4–18–16; 8:45 am]
G. Protest Activities Authority: 33 U.S.C. 1233. BILLING CODE 9110–04–P
The Coast Guard respects the First ■ 2. Add § 100.35T07–0048 to read as
Amendment rights of protesters. follows:
Protesters are asked to contact the DEPARTMENT OF HOMELAND
person listed in the FOR FURTHER § 100.35T07–0048 Special Local SECURITY
INFORMATION CONTACT section to Regulation, Jacksonville Grand Prix of the
Seas; St. Johns River, Jacksonville, FL. Coast Guard
coordinate protest activities so that your
message can be received without (a) Regulated Area. The following
regulated area is a special local 33 CFR Part 110
jeopardizing the safety or security of
people, places, or vessels. regulation located on the waters of the [Docket Number USCG–2015–1118]
St. Johns River near downtown
V. Public Participation and Request for RIN 1625–AA01
Jacksonville, FL. All waters of the St.
Comments Johns River encompassed within the Anchorage Grounds; Lower
We view public participation as following points: Starting at Point 1 in Chesapeake Bay, Cape Charles, VA
essential to effective rulemaking, and position 30°18.647′ N., 081°40.450′ W.;
will consider all comments and material thence southeast to Point 2 in position AGENCY: Coast Guard, DHS.
received during the comment period. 30°18.551′ N., 081°40.120′ W.; thence ACTION:Advance notice of proposed
Your comment can help shape the southwest to Point 3 in position rulemaking.
outcome of this rulemaking. If you 30°17.212′ N., 081°40.424′ W.; thence
submit a comment, please include the northwest to Point 4 in position SUMMARY: The Coast Guard is
docket number for this rulemaking, 30°17.399′ N., 081°41.088′ W.; thence considering amending the regulations
indicate the specific section of this northeast to Point 5 in position for Hampton Roads, VA and adjacent
document to which each comment 30°18.436′ N., 081°40.701′ W.; thence waters anchorages by establishing a new
applies, and provide a reason for each northeast back to origin. These anchorage, near Cape Charles, VA on
suggestion or recommendation. coordinates are based on North the Lower Chesapeake Bay. This
We encourage you to submit American Datum 1983. advance notice of proposed rulemaking
comments through the Federal (b) Definition. The term ‘‘designated (ANPRM) provides information relevant
eRulemaking Portal at http:// representative’’ means Coast Guard to, and solicits public comment on the
www.regulations.gov. If your material Patrol Commanders, including Coast possible creation of a Federal anchorage
cannot be submitted using http:// Guard coxswains, petty officers, and west of Cape Charles, VA on the
www.regulations.gov, contact the person other officers operating Coast Guard Chesapeake Bay. Port of Virginia
in the FOR FURTHER INFORMATION vessels, and Federal, state, and local infrastructure improvements and growth
CONTACT section of this document for officers designated by or assisting the in commercial vessel traffic entering the
alternate instructions. Captain of the Port (COTP) Jacksonville port, including large and deep-draft
We accept anonymous comments. All in the enforcement of the regulated area. vessels have prompted this solicitation
comments received will be posted (c) Regulations. (1) All persons and for comments on a potential proposed
without change to http:// vessels are prohibited from entering, rulemaking. If the Coast Guard proceeds
www.regulations.gov and will include transiting through, anchoring in, or with a proposed rulemaking, the
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any personal information you have remaining within the regulated area intended effect would be to ensure that
provided. For more about privacy and unless authorized by the COTP the Hampton Roads Anchorage Grounds
the docket, you may review a Privacy Jacksonville or a designated continue to safely support current and
Act notice regarding the Federal Docket representative. future maritime commerce and
Management System in the March 24, (2) Persons and vessels desiring to commercial vessel anchoring needs. We
2005, issue of the Federal Register (70 enter, transit through, anchor in, or invite your comments on this ANPRM.
FR 15086). remain within the regulated area may DATES: Comments and related material
Documents mentioned in this NPRM contact the COTP Jacksonville by must be received by the Coast Guard on
as being available in the docket, and all telephone at 904–714–7557, or a or before July 18, 2016.
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commercial vessels and all those port Marine Safety Unit Duluth, U.S. Coast each safety zone listed in Table 165.943
stake holders who contribute to the Guard; telephone (218) 725–3818 or by is subject to change. While the events
unique characteristics of the Port of email John.V.Mack@uscg.mil. are anticipated to annually recur on
Virginia. Please provide additional SUPPLEMENTARY INFORMATION: certain dates, factors, to include
information not specifically solicited by inclement weather, may result in
this ANPRM if you believe it would be I. Table of Abbreviations postponement. In the event of a
helpful in understanding the CFR Code of Federal Regulations postponement, the Coast Guard will
implications of creating a Federal DHS Department of Homeland Security issue a Notice of Enforcement with
anchorage west of Cape Charles. Please FR Federal Register updated enforcement dates and times,
submit any comments or concerns you NPRM Notice of Proposed Rulemaking and corresponding Broadcast Notice to
may have in accordance with the II. Background, Purpose, and Legal Mariners for on scene notice.
ADDRESSES section. Basis III. Discussion of Proposed Rule
Dated: March 25, 2016. On May 31, 2013 the Coast Guard The amendments to this proposed
Stephen P. Metruck, published an NPRM in the Federal rule are necessary to ensure the safety
Rear Admiral, U.S. Coast Guard, Commander, Register (78 FR 32608) entitled of vessels and people during annual
Fifth Coast Guard District. ‘‘Recurring Events in the Captain of the events taking place on or near federally
[FR Doc. 2016–09029 Filed 4–18–16; 8:45 am] Port Duluth Zone.’’ The NPRM maintained waterways in the Captain of
BILLING CODE 9110–04–P proposed to establish 8 permanent the Port Duluth Zone. Although this
safety zones for annually recurring proposed rule will be in effect year-
events in the Captain of the Port Duluth round, the specific safety zones listed in
DEPARTMENT OF HOMELAND Zone under § 165.943. The NPRM was Table 165.943 will only be enforced
SECURITY open for comment for 30 days. during a specified period of time when
On August 12, 2013 the Coast Guard the event is on-going.
Coast Guard published the Final Rule in the Federal When a Notice of Enforcement for a
Register (78 FR 48802) after receiving particular safety zone is published,
33 CFR Part 165 no comments on the NPRM. Through entry into, transiting through, or
[Docket No. USCG–2016–0248] this proposed rule, the Coast Guard anchoring within the safety zone is
seeks to update § 165.943. prohibited unless authorized by the
RIN 1625–AA00 The legal basis for this proposed rule Captain of the Port Duluth, or his or her
is the Coast Guard’s authority to designated representative. The Captain
Safety Zones; Recurring Events in
establish safety zones: 33 U.S.C. 1231; of the Port Duluth or his or her
Captain of the Port Duluth Zone
33 CFR 1.05–1, 160.5; Department of designated representative can be
AGENCY: Coast Guard, DHS. Homeland Security Delegation No. contacted via VHF Channel 16. All
ACTION: Notice of proposed rulemaking. 0170.1. persons and vessels granted permission
This proposed rule would update the to enter the safety zone must comply
SUMMARY: The Coast Guard proposes to locations of two safety zones with all instructions given by the
amend its safety zones regulations for (Cornucopia 4th of July Fireworks Captain of the Port Duluth or his or her
annual events in the Captain of the Port Display & Superior Man Triathlon), add designated representative.
Duluth Zone. This proposed rule would three new permanent safety zones (City
update the locations for two safety of Bayfield 4th of July Fireworks IV. Regulatory Analyses
zones, add three safety zones, and Display, Two Harbors 4th of July We developed this proposed rule after
modify the format of the regulations to Fireworks Display, & Power Boat considering numerous statutes and
list the annual events and Championship Presented by TCPBA) for Executive orders related to rulemaking.
corresponding safety zones in table recurring safety zones, and modify the Below we summarize our analyses
form. These proposed amendments will format of § 165.943 to list annual events based on a number of these statutes and
protect spectators, participants, and and corresponding safety zones in table Executive orders and we discuss First
vessels from the hazards associated with form. These changes are necessary to Amendment rights of protestors.
annual marine events and improve the protect spectators, participants, and
clarity and readability of the vessels from the hazards associated with A. Regulatory Planning and Review
regulations. annual marine events, and to improve Executive Orders 12866 and 13563
DATES: Comments and related material the overall clarity and readability of the direct agencies to assess the costs and
must be received by the Coast Guard on rule. These hazards related to the benefits of available regulatory
or before May 19, 2016. annual events include obstructions to alternatives and, if regulation is
the waterway that may result in marine necessary, to select regulatory
ADDRESSES: You may submit comments
casualties; explosive danger and flaming approaches that maximize net benefits.
identified by docket number USCG– Executive Order 13563 emphasizes the
debris falling into the water from
2016–0248 using the Federal importance of quantifying both costs
fireworks; and large congregations of
eRulemaking Portal at http:// and benefits, of reducing costs, of
vessels and waterborne spectators in the
www.regulations.gov. See the ‘‘Public harmonizing rules, and of promoting
vicinity of the annual events.
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Participation and Request for This proposed rule will also arrange flexibility. This NPRM has not been
Comments’’ portion of the the safety zones listed in § 165.943 into designated a ‘‘significant regulatory
SUPPLEMENTARY INFORMATION section for
a table sorted in ascending order of action,’’ under Executive Order 12866.
further instructions on submitting event date. This change in format is Accordingly, the NPRM has not been
comments. intended to improve clarity and reviewed by the Office of Management
FOR FURTHER INFORMATION CONTACT: If readability and to reduce redundancy in and Budget.
you have questions on this rule, call or the regulation. This regulatory action determination
email Lieutenant Junior Grade John Finally, this proposed rule clarifies is based on the size, location, duration,
Mack, Chief of Waterways Management, that the enforcement dates and times for and time-of-day of the safety zones. The
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Document Created: 2016-04-19 00:16:19
Document Modified: 2016-04-19 00:16:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before July 18, 2016. | |
| Contact | If you have questions on this document, call or email Lieutenant Commander Barbara Wilk, Sector Hampton Roads Waterway Management Division, phone 757-668-5581, email [email protected] | |
| FR Citation | 81 FR 22939 | |
| RIN Number | 1625-AA01 |
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