83 FR 40164 - Anchorage Grounds; Baltimore Harbor, Baltimore, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 157 (August 14, 2018)
Coast Guard
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40164-40167 | |
| FR Document | 2018-17469 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Proposed Rules] [Pages 40164-40167] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17469] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![40164 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules
(j) Alternative Methods of Compliance anchorages. This proposed rule would Section 101a(22) of the Water Resources
(AMOCs) ensure that Coast Guard regulations are Development Act of 1999 (Pub. L. 106–
(1) The Manager, ECO Branch, FAA, has consistent with the U.S. Army Corps of 53, 113 Stat 269 (1999)) authorized
the authority to approve AMOCs for this AD, Engineers Baltimore District Port of widening of the Dundalk and Seagirt
if requested using the procedures found in 14 Baltimore Anchorages and Channels Marine Terminal channels. Widening of
CFR 39.19. In accordance with 14 CFR 39.19, civil works project that widened the the Seagirt Marine Terminal channel
send your request to your principal inspector channel, and provide a higher degree of occurred in 2015. This dredging
or local Flight Standards District Office, as
safety to persons, property and the widened the limits of existing
appropriate. If sending information directly
to the manager of the certification office, environment by accurately depicting the navigation channels which are used to
send it to the attention of the person anchorage locations. The proposed access key Maryland Port
identified in paragraph (k)(1) of this AD. You changes to the regulated uses of the Administration marine terminals
may email your request to: ANE-AD-AMOC@ anchorages would support current and located immediately adjacent to the
faa.gov. future port activity related to the safety Baltimore Harbor, Maryland anchorage
(2) Before using any approved AMOC, of post-Panamax commercial cargo grounds, and put the existing anchorage
notify your appropriate principal inspector, vessels, and would remove vessel grounds in the way of the newly
or lacking a principal inspector, the manager security provisions that currently exist expanded navigation channels. To
of the local Flight Standards District Office/ addresses these changes, Sector
Certificate Holding District Office.
in these Baltimore Harbor regulations.
We invite your comments on this Maryland-National Capital Region,
(k) Related Information proposed rulemaking. Baltimore, Maryland, worked in
(1) For more information about this AD, DATES: Comments and related material coordination with the Port of Baltimore
contact Kevin M. Clark, Aerospace Engineer, must be received by the Coast Guard on Harbor Safety and Coordination
ECO Branch, FAA, 1200 District Avenue, or before November 13, 2018. Committee to develop proposed
Burlington, MA 01803; phone: 781–238– revisions to the affected anchorage
7088; fax: 781–238–7199; email: ADDRESSES: You may submit comments
boundaries and associated regulations.
kevin.m.clark@faa.gov. identified by docket number USCG– The purpose of this rulemaking is to
(2) For service information identified in 2017–0181 using the Federal reduce navigational safety risk and
this AD, contact Rolls-Royce plc, P.O. Box eRulemaking Portal at http:// support port efficiency in Baltimore
31, Derby, England, DE24 8BJ; phone: 011– www.regulations.gov. See the ‘‘Public
44–1332–242424; fax: 011–44–1332–249936,
Harbor. This proposed rule would
Participation and Request for designate a new general anchorage
or email: http://www.rolls-royce.com/ Comments’’ portion of the
contact/civil_team.jsp. You may view this ground developed from an existing
SUPPLEMENTARY INFORMATION section for anchorage ground that is located outside
referenced service information at the FAA,
Engine and Propeller Standards Branch, 1200
further instructions on submitting of the established navigation channel in
District Avenue, Burlington, MA 01803. For comments. order to align with the existing U.S.
information on the availability of this FOR FURTHER INFORMATION CONTACT: If Army Corps of Engineers Baltimore
material at the FAA, call 781–238–7759. you have questions about this proposed District Port of Baltimore Anchorages
Issued in Burlington, Massachusetts, on rulemaking, call or email Mr. Ronald L. and Channels civil works project. The
August 9, 2018. Houck, U.S. Coast Guard, Sector Baltimore Harbor anchorage grounds are
Robert J. Ganley, Maryland-National Capital Region, typically used by deep draft commercial
Manager, Engine and Propeller Standards Waterways Management Division, Coast cargo vessels. In order to maximize the
Branch, Aircraft Certification Service. Guard; telephone (410) 576–2674, email availability and use of these important
[FR Doc. 2018–17405 Filed 8–13–18; 8:45 am] Ronald.L.Houck@uscg.mil. anchorages, this proposed rule would
BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: also change the duration for which
vessels may remain in these anchorages.
I. Table of Abbreviations This proposed rule would reduce the
CFR Code of Federal Regulations duration a vessel may remain within
DEPARTMENT OF HOMELAND Anchorage No. 3 Lower (proposed to be
DHS Department of Homeland Security
SECURITY E.O. Executive order changed to Anchorage No. 3A) and
FR Federal Register Anchorage No. 4, from 72 hours to 24
Coast Guard NPRM Notice of proposed rulemaking hours. Lastly, due to similar provisions
Pub. L. Public Law within the Maritime Transportation
33 CFR Part 110 § Section
Security Act of 2002 (MTSA) (Pub. L.
U.S.C. United States Code
[Docket Number USCG–2017–0181] 107–295) and federal regulations (33
RIN 1625–AA01 II. Background, Purpose, and Legal CFR part 104, and 46 CFR chapter 1,
Basis subchapters N and O), the vessel
Anchorage Grounds; Baltimore security requirements in § 110.158(d)
Anchorage regulation duties and are now redundant and would be
Harbor, Baltimore, MD
powers were transferred to the Coast removed as part of this proposed rule.
AGENCY: Coast Guard, DHS. Guard in 1967 (32 FR 17726, Dec. 12, The legal basis for this rule is: 33
ACTION: Notice of proposed rulemaking. 1967). On December 12, 1968, the Fifth U.S.C. 471, 1221 through 1236, 2071; 33
Coast Guard District published a final CFR 1.05–1; and Department of
SUMMARY: The Coast Guard proposes to rule in the Federal Register (33 FR Homeland Security Delegation No.
amozie on DSK3GDR082PROD with PROPOSALS1
amend its Baltimore Harbor anchorage 18438) establishing an anchorage area in 0170.1, which collectively authorize the
grounds regulation. The proposed Baltimore Harbor, Maryland. The Coast Guard to define anchorage
changes would reduce the size of three anchorage grounds at Baltimore, grounds.
general anchorages, establish one new Maryland are described in 33 CFR
general anchorage, rename two existing 110.158. These anchorage grounds are III. Discussion of Proposed Rule
general anchorages, and change the involved in a federal navigation project The Coast Guard proposes to amend
duration a vessel may remain within an under the jurisdiction of the U.S. Army the Baltimore Harbor, Maryland
anchorage for two existing general Corps of Engineers Baltimore District. anchorage grounds as described in 33
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![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules 40167
(ii) No vessel shall remain in this Latitude Longitude anchorage areas established in this
anchorage for more than 24 hours section for more than 24 hours. No
without permission from the Captain of 39°13′21.20″ N 76°33′11.94″ W vessel shall anchor within a tunnel,
the Port. These coordinates are based on
cable or pipeline area shown on a
(4) Anchorage No. 3B, general NAD 83. government chart. No vessel shall be
anchorage. (i) All waters of the Patapsco moored, anchored, or tied up to any
(ii) No vessel shall remain in this pier, wharf, or other vessel in such
River, bounded by a line connecting the anchorage for more than 72 hours
following points: manner as to extend into established
without permission from the Captain of channel limits. No vessel shall be
the Port. positioned so as to obstruct or endanger
Latitude Longitude (8) Anchorage No. 6, general
the passage of any other vessel.
39°14′32.48″ N 76°33′11.31″ W anchorage. (i) All waters of the Patapsco (3) Except in an emergency, a vessel
39°14′46.23″ N 76°33′25.83″ W River, bounded by a line connecting the that is likely to sink or otherwise
39°14′57.51″ N 76°33′08.14″ W following points: become an obstruction to navigation or
39°14′43.76″ N 76°32′53.63″ W the anchoring of other vessels may not
Latitude Longitude
These coordinates are based on occupy an anchorage, unless the vessel
NAD 83. 39°13′42.98″ N 76°32′19.11″ W obtains permission from the Captain of
39°13′20.65″ N 76°31′55.58″ W the Port.
(ii) No vessel shall remain in this 39°13′34.00″ N 76°31′33.50″ W (4) Upon notification by the Captain
anchorage for more than 24 hours 39°14′01.95″ N 76°32′02.65″ W of the Port to shift its position, a vessel
without permission from the Captain of 39°13′51.01″ N 76°32′18.71″ W at anchor must get underway and shall
the Port. move to its new designated position
These coordinates are based on
(5) Anchorage No. 3C, general NAD 83. within two hours after notification.
anchorage. (i) All waters of the Patapsco (5) The Captain of the Port may
River, bounded by a line connecting the (ii) No vessel shall remain in this prescribe specific conditions for vessels
following points: anchorage for more than 72 hours anchoring within the anchorages
without permission from the Captain of described in this section, including, but
Latitude Longitude the Port. not limited to, the number and location
(9) Anchorage No. 7, Dead ship of anchors, scope of chain, readiness of
39°14′46.23″ N 76°33′25.83″ W anchorage. (i) All waters of Curtis Bay, engineering plant and equipment, usage
39°14′50.06″ N 76°33′29.86″ W bounded by a line connecting the of tugs, and requirements for
39°14′59.42″ N 76°33′15.17″ W following points:
39°14′55.60″ N 76°33′11.14″ W maintaining communication guards on
Latitude Longitude
selected radio frequencies.
These coordinates are based on (6) No vessel at anchor or at a mooring
NAD 83. within an anchorage may transfer oil to
39°13′00.40″ N 76°34′10.40″ W
(ii) No vessel shall remain in this 39°13′13.40″ N 76°34′10.81″ W or from another vessel unless the vessel
anchorage for more than 72 hours 39°13′13.96″ N 76°34′05.02″ W has given the Captain of the Port the
without permission from the Captain of 39°13′14.83″ N 76°33′29.80″ W four hours advance notice required by
39°13′00.40″ N 76°33′29.90″ W § 156.118 of this chapter.
the Port.
These coordinates are based on (7) No vessel shall anchor in a ‘‘dead
(6) Anchorage No. 4, general ship’’ status (propulsion or control
NAD 83.
anchorage. (i) All waters of the Patapsco unavailable for normal operations)
River, bounded by a line connecting the (ii) The primary use of this anchorage without prior approval of the Captain of
following points: is to lay up dead ships. Such use has the Port.
priority over other uses. Permission
Latitude Longitude from the Captain of the Port must be Dated: August 1, 2018.
obtained prior to the use of this Meredith L. Austin,
39°13′52.92″ N 76°32′29.60″ W anchorage for more than 72 hours. Rear Admiral, U.S. Coast Guard, Commander,
39°14′04.38″ N 76°32′41.69″ W (b) Definitions. As used in this Fifth Coast Guard District.
39°14′09.35″ N 76°32′39.89″ W
39°14′17.96″ N 76°32′26.44″ W
section— [FR Doc. 2018–17469 Filed 8–13–18; 8:45 am]
39°14′05.32″ N 76°32′13.09″ W Certain dangerous cargo means BILLING CODE 9110–04–P
39°14′00.05″ N 76°32′17.77″ W certain dangerous cargo as defined in
§ 160.202 of this chapter.
These coordinates are based on COTP means Captain of the Port
NAD 83. DEPARTMENT OF EDUCATION
Sector Maryland—National Capital
(ii) No vessel shall remain in this Region. 34 CFR Parts 600 and 668
anchorage for more than 24 hours (c) General regulations. (1) Except as
[Docket ID ED–2018–OPE–0042]
without permission from the Captain of otherwise provided, this section applies
the Port. to vessels over 20 meters long and all RIN 1840–AD31
vessels carrying or handling certain
(7) Anchorage No. 5, general Program Integrity: Gainful Employment
dangerous cargo while anchored in an
anchorage. (i) All waters of the Patapsco
amozie on DSK3GDR082PROD with PROPOSALS1
anchorage ground described in this AGENCY: Office of Postsecondary
River, bounded by a line connecting the
section. Education, Department of Education.
following points:
(2) Except in cases where unforeseen
ACTION: Notice of proposed rulemaking.
Latitude Longitude
circumstances create conditions of
imminent peril, or with the permission SUMMARY: The Secretary proposes to
39°14′07.89″ N 76°32′58.23″ W of the Captain of the Port, no vessel rescind the gainful employment (GE)
39°13′34.82″ N 76°32′23.66″ W shall be anchored in Baltimore Harbor regulations, which added to the Student
39°13′22.25″ N 76°32′28.90″ W or the Patapsco River outside of the Assistance General Provisions
VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\14AUP1.SGM 14AUP1](https://thefederalregister.org/doc/83_FR_40321/page/4.svg)
Document Created: 2018-08-14 02:18:54
Document Modified: 2018-08-14 02:18:54
| 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 | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before November 13, 2018. | |
| 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] | |
| FR Citation | 83 FR 40164 | |
| RIN Number | 1625-AA01 |
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