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Anchorage Grounds; Anacortes General Anchorage and Cap Sante and Hat Island Tug and Barge General Anchorages, Anacortes, WA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Rules and Regulations]
[Page 32231-32233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD13-05-001]
RIN 1625-AA01
Anchorage Grounds; Anacortes General Anchorage and Cap Sante and
Hat Island Tug and Barge General Anchorages, Anacortes, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing three general anchorages and
two tug and barge general anchorages in the vicinity of Anacortes,
Washington. These anchorages will reduce the risk of collisions,
provide a more orderly movement of tanker traffic in and out of near by
oil refineries, and keep the approaches to Guemes Channel open to
transiting traffic while providing ample room for barge operations.
DATES: This rule is effective on July 5, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of public docket [CGD13-05-001]
and are available for
inspection or copying at Sector Seattle between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG J. L. Hagen, Sector Seattle, 1519
Alaskan Way South, Seattle, WA 98134, (206) 217-6231.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 1, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Anacortes General Anchorage and Cap Sante and Hat
Island Tug and Barge General Anchorages, Anacortes, WA in the Federal
Register (70 FR 9892). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The Guemes Channel and the waters near Cap Sante and March Point
are used by oil tank ships and tugs and barges and recreational
vessels. In April 2000 the Captain of the Port (COTP) Puget Sound, Port
Angeles Pilots and representatives from the local oil industry and tug
boat companies met to discuss efforts to minimize conflicts between
vessels which transit Guemes Channel and vessels which anchor near Cap
Sante and March Point. As a result of this meeting, the Coast Guard
identified certain areas where vessels may anchor without presenting an
unacceptably high risk of danger to navigation. Because these
anchorages were not formally established, they are not included on
nautical charts nor referenced in the Coast Pilot. Hence, vessels
transiting the area may not know where vessels may be anchoring. This
final rule designates anchorage grounds for certain vessels. These
anchorages are managed by Vessel Traffic Service (VTS) Puget Sound on
behalf of Sector Seattle and the COTP Puget Sound. Management of these
anchorages will reduce the risk of collisions and provide a more
orderly movement of tanker traffic in and out of oil refineries at
March Point.
Discussion of Comments and Changes
No comments were received by the Coast Guard as a result of our
request for comments in our NPRM. However, since publication of our
NPRM the Coast Guard has stood-up Sector Seattle. Sector Seattle is an
internal reorganization that combines Group Seattle, Vessel Traffic
Service Puget Sound and Marine Safety Office Puget Sound into a single
command. The Coast Guard has established a continuity of operations
whereby all previous practices and procedures will remain in effect
until superseded by an authorized Coast Guard official or document.
Effective May 10, 2005, all existing missions and functions performed
by Group Seattle, Vessel
[[Page 32232]]
Traffic Service Puget Sound and Marine Safety Office Puget Sound are
being performed by Sector Seattle. Group Seattle, Vessel Traffic
Service Puget Sound and Marine Safety Office Puget Sound will no longer
exist as organizational entities. The Sector Seattle Commander is also
designated as the COTP for the Puget Sound COTP zone. Accordingly, we
have made changes to this final rule to reflect the organization
changes made by the stand-up of Sector Seattle. For additional
information on Sector Seattle see our Notice of Organizational Change,
docket number CGD13-05-012 published in the Federal Register on May 17,
2005 (70 FR 28312).
Regulatory Evaluation
This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule would have a significant economic
impact on a substantial number of small entities. 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 final
rule would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit this portion of Puget Sound, The Strait of Juan de
Fuca, and adjoining waters. Because the impacts are expected to be
minimal, the Coast Guard certifies under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This final rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This final rule does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.
[[Page 32233]]
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation because this final rule establishes
anchorage grounds.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
? For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
? 1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071,
33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170.1.
? 2. In Sec. 110.230 add new paragraphs (a)(15), (16), and (17),
redesignate paragraphs (b)(1) through (b)(9) as (b)(7) through (b)(15),
respectively, and add new paragraphs (b)(1) through (b)(6) to read as
follows:
Sec. 110.230 Puget Sound Area, WA
(a) * * *
(15) Anacortes General Anchorages.
(i) Anacortes East (ANE) Anchorage Area. The waters within a
circular area with a radius of 600 yards, having its center at
48[deg]31[min]27[sec] N., 122[deg]33[min]45[sec] W. [Datum: NAD 1983].
(ii) Anacortes Center (ANC) Anchorage Area. The waters within a
circular area with a radius of 600 yards, having its center at
48[deg]30[min]54[sec] N, 122[deg]34[min]06[sec] W. [Datum: NAD 1983].
(iii) Anacortes West (ANW) Anchorage Area. The waters within a
circular area with a radius of 600 yards, having its center at
48[deg]31[min]09[sec] N, 122[deg]34[min]55[sec] W. [Datum: NAD 1983].
(16) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31[min]16[sec] N,
122[deg]36[min]00[sec] W, which is approximately the northeast tip of
Cap Sante; then southeast to 48[deg]30[min]53[sec] N,
122[deg]35[min]28[sec] W; then west southwest to 48[deg]30[min]45[sec]
N, 122[deg]35[min]52[sec] W, approximately the south tip of Cap Sante;
then north along the shoreline to the point of origin. [Datum: NAD 1983].
(17) Hat Island Tug and Barge General Anchorage. The Hat Island Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31[min]19[sec] N,
122[deg]33[min]04[sec] W, near the west side of Hat Island; then
southwest to 48[deg]30[min]37[sec] N, 122[deg]33[min]38[sec] W; then
east to 48[deg]30[min]37[sec] N, 122[deg]32[min]00[sec] W; then
northwest to the point of origin. [Datum: NAD 1983].
(b) Regulations.
(1) No vessel shall anchor in any general anchorage described in
paragraph (a) of this section without prior permission from the Captain
of the Port (COTP), or his authorized representative. Vessel Traffic
Service Puget Sound is designated as the COTP's authorized
representative. All vessels should seek permission at least 48 hours
prior to arrival at the anchorage area in order to avoid unnecessary
delays.
(i) Except for the Anacortes General Anchorages, a berth in a
general anchorage, if available, may be assigned to any vessel by the
Captain of the Port or his authorized representative upon application
and he may grant revocable permits for the continuous use of the same
berth. For the Anacortes General Anchorages, the following hierarchy
will be applied for assignment of a berth: tankers conducting
lightering operations, then loaded tankers, and then all other vessels.
(ii) Tugs and oil barges using the Cap Sante and Hat Island General
Anchorages are exempt from the requirement to obtain the COTP's permission.
(2) Except for the Anacortes General Anchorages, no vessel shall
occupy any general anchorage for a period longer than 30 days unless a
permit is obtained from the Captain of the Port for that purpose. There
is a 10 days maximum stay at the Anacortes East and Anacortes Center
general anchorages, and 6 day maximum stay at the Anacortes West
general anchorage.
(3) The COTP or his authorized representative may require vessels
to depart from the Anacortes General Anchorage before the expiration of
the authorized or maximum stay. The COTP or his authorized
representative will provide at least 24-hour notice to a vessel
required to depart the Anacortes General Anchorage.
(4) No vessel in a condition such that it is likely to sink or
otherwise become a menace or obstruction to the navigation or anchorage
of other vessels shall occupy any general anchorage except in an
emergency and then only for such period as may be permitted by the
Captain of the Port.
(5) Within the Anacortes General Anchorages, lightering operations
shall only be conducted in the Anacortes West and Anacortes Center
anchorages.
(6) Tugs and barges using the Cap Sante and Hat Island Barge
General Anchorages are required to ensure their vessels and barges do
not project beyond the holding area's boundaries. The tug must be
manned, remain in attendance with the barge and maintain a
communications guard with VTS on an appropriate VTS VHF radio working
frequency, which is currently channel 5A.
* * * * *
Dated: May 13, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 05-10898 Filed 6-1-05; 8:45 am]
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