This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

57656

Vol. 69, No. 186

Monday, September 27, 2004

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[CGD05–04–043] 

RIN 1625–AA01 

Anchorage Grounds, Hampton Roads, 

VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

revise the anchorage regulations in the 

Port of Hampton Roads. Infrastructure 

improvements and increases in vessel 

traffic and draft entering the port have 

prompted this proposed rulemaking. 

The proposed changes to this regulation 

will ensure that the Hampton Roads 

Anchorage Grounds continue to safely 

support current and future vessel 

anchoring demands.

DATES: Comments must be received on 

or before December 27, 2004.

ADDRESSES: You may mail comments 

and related material to Commander 

(oan), Fifth Coast Guard District, 431 

Crawford Street, Room 401, Portsmouth, 

VA 23704–5004. Commander (oan), 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the Fifth Coast 

Guard District between 9 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Timothy 

Martin, Fifth Coast Guard District (oan), 

(757) 398–6285, between 9 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–04–043), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please, submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But, you may submit a request 

for a meeting by writing to the Aids to 

Navigation and Waterways Management 

Branch at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

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. In 

June 1986, the U.S. Army Corps of 

Engineers (USACE) completed a study 

of the Norfolk Harbor, including its 

anchorages. The study is entitled, 

‘‘General Design Memorandum 1, 

Norfolk Harbor and Channels, Virginia, 

Main Report.’’ Comments from the Coast 

Guard, Navy, Virginia Port Authority, 

Virginia Pilots Association and 

Hampton Roads Maritime Association 

requesting improvements to Anchorages 

F and K were considered in the study. 

Anchorage F currently has two 400-yard 

radius berths. The USACE, in 1998, 

constructed a single 500-yard radius 

berth for Anchorage F and is currently 

maintaining the anchorage at a project 

depth of 50 feet. This proposed rule 

would change Anchorage F to a single 

500 yard radius berth to reflect the 

construction completed by the USACE 

in 1998. The USACE was 

congressionally authorized in November 

of 1986 to increase the channel depth of 

Anchorage F to 55 feet deep, see H. Doc. 

99–85, 99th Cong., 1st session. 

Improvements were also proposed by 

the Coast Guard to the Newport News 

Middle Ground, Anchorage K, by 

increasing the easternmost berth, K–1 

from a swing radius of 400 yards to one 

of 500 yards. In addition, Berth K–2, 

currently maintained at 40 feet, would 

be deepened to 45 feet. The increase in 

size to Berth K–1, the increase in depth 

to Berth K–2 and the increase in depth 

to Anchorage F have all been 

congressionally authorized and will be 

scheduled once the increase in arrivals 

of vessels with deeper drafts support the 

project. The circular boundaries for 

Berth K–1, referred to as East 

Anchorage, and Berth K–2, referred to as 

West Anchorage, will be shown on 

future chart editions for the area when 

the final rule for this regulation is 

published.

It is proposed that Anchorage K be 

separated into an upper and lower 

section, and divided by the Fairway for 

Shallow Draft Vessels and Tows. This 

would restrict vessels from anchoring 

inside the limits of that channel. 

A new quarantine anchorage, new 

Anchorage Q, is proposed to replace 

Berth K–3, which is currently not 

maintained by the USACE. The new 

quarantine anchorage would be located 

east of York Spit Channel between 

Chesapeake Channel Lighted Buoy 36 

and Chesapeake Channel Lighted Buoy 

38 west of Cape Charles. The new 

anchorage would be located in naturally 

deep water with charted depths in 

excess of 60 feet and would have two 

500-yard, swing-radius berths. 

Current trends indicate that shipping 

companies will call on the Port of 

Hampton Roads using larger, deeper 

draft vessels, thereby creating a need for 

fewer trips when visiting the port of 

Hampton Roads in the future. With the 

increase in size, The Navigation Plan for 

the Port of Hampton Roads, conducted 

by the USACE in February of 2000, 

indicated that by the year 2010 almost 

40 percent of containerized cargo will 

be moved on ships capable of carrying 

4,000 twenty-foot trailer equivalent 

units (TEU). Some ‘‘Mega Ships’’ 

already in service are capable of 

carrying up to 6,000 TEUs. The average 

container ship calling on the port today 

carries between 1,500 and 4,000 TEUs. 

The bulk carriers that call on the Port 

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57657

of Hampton Roads have also increased 

in size and will play a significant role 

in the port’s future design 

considerations. In addition to the 

projected increase in the size of vessels 

calling on the Port of Hampton Roads, 

there are two infrastructure 

improvement projects in the port that 

affect the anchorage grounds. In 

September 2001, APM Terminals North 

America, Inc. (Maersk) purchased 570 

acres of property located on the 

Elizabeth River, south of Craney Island. 

Dredging has begun in the vicinity of 

Anchorage P for the development of a 

major marine container handling facility 

on this property. The first ship is due to 

moor at this new terminal sometime in 

2007. Anchorage P lies between the 

future terminal and the Federal 

navigation channel. Parts of Anchorage 

P will be made unusable following 

completion of the terminal and the 

approach channels. Maersk has 

requested the discontinuation of 

Anchorage P. 

Likewise, the construction of the 

Norfolk International Terminal North 

(NIT North) approach channel, which 

passes through the existing Anchorage 

M, has rendered that anchorage 

unusable. This proposed rule would 

discontinue Anchorage M. 

To further enhance the safety of the 

port anchorages, this rule proposes to 

amend the regulations of the boundaries 

of Berths 3 and 4 within Explosive 

Anchorage G. Currently, these berths 

overlap each other and pose a potential 

hazard to anchored vessels. The 

proposed rule would separate the 

berths, eliminating the risk of collision 

as a result of overlapping swing circles. 

The proposed rule would rename 

existing Anchorage R as Anchorage M, 

rename existing Anchorage T as 

Anchorage N, rename existing 

Anchorage U, The Hague, as Anchorage 

O, The Hague. 

The proposed rule would eliminate 

existing Anchorages Q and S. The 

proposed changes are listed in the 

following Table:

Current anchorage [33 CFR 110.168(a)] Proposed change 

A—Cape Henry Naval Anchorage (1) ...................................................... No change. 

B—Chesapeake Bay, Thimble Shoals Channel Naval Anchorage 

(CBTSC) [(2)(i)].

No change. 

C—CBTSC Naval Anchorage [(2)(ii)] ....................................................... No change. 

D—CBTSC Naval Anchorage [(2)(ii)] ....................................................... No change. 

E—Commercial Explosive Anchorage [(2)(iv)] ......................................... No change. 

E—1 Explosive Handling Berth [(2)(iv)(A)] ............................................... No change. 

F—Hampton Bar [(3)(i)] ............................................................................ No changes to anchorage limits. One 500-yard swing radius berth 

would replace two 400 yard swing radius berths. Single berth 

dredged to a depth of 50 feet in 1998, authorized depth 55 feet. New 

regulations would be included in part [(e)(3)] excluding vessels with 

drafts less than 45 ft from using Anchorage F without permission 

from the Captain of the Port. Previously, vessels with a draft less 

than 40 ft and a length of less than 700 ft were excluded. 

F–1 [(3)(i)(A)] ............................................................................................ Designation would refer to 500 yard berth. 

F–2 [(3)(i)(B)] ............................................................................................ Discontinue F–2. 

G—Hampton Flats Naval Explosives Anchorage [(3)(ii)] ......................... New center positions created for Berths 3 and 4, which would remove 

overlapping circumferences. 

G–1 Explosives Handling Bert [(3)(ii)(A)] ................................................. No change. 

G–2 Explosives Handling Bert [(3)(ii)(B)] ................................................. No change. 

G–3 Explosives Handling Bert [(3)(ii)(C)] ................................................. A new center position would replace current center position to remove 

overlapping circumferences with G–4. 

G–4 Explosives Handling Bert [(3)(ii)(D)] ................................................. A new center position would replace current center position to remove 

overlapping circumferences with G–3. 

H—Newport News Bar [(3)(iii)] ................................................................. No change. 

I—Newport News [(4)(i)] ........................................................................... No change to existing boundary lines. A new center position is proposed for Berth I–2. 

I–1 [(4)(i)(A)] ............................................................................................. No change. 

I–2 [(4)(i)(B)] ............................................................................................. A new center position would replace current center position removing 

ambiguous boundary lines. 

J—Newport News Middle Ground [(4)(ii)] ................................................ No change. 

K—Newport News Middle Ground [(4)(iii)] Anchorage [(3)(ii)] ................. Replace boundary lines for K–1 and K–2 with berth circumferences. 

The CG proposes to remove K–3. Separate Anchorage K into an 

Upper and Lower section. 

K–1 East Anchorage [(4)(iii)(A)] ............................................................... K–1 would have a 400 yard swing radius and be maintained at a depth 

of 45 ft. Future plans include increasing the swing radius to 500 

yards. 

K–2—West Anchorage [(4)(iii)(B)] ............................................................ K–2 would have a 400 yard swing radius and be maintained at a depth 

of 40 ft. Future plans include increasing the depth to 45 ft. 

K–3—Quarantine Berth [(4)(iii)(C)] ........................................................... We propose to remove K–3 and establish a new quarantine anchorage 

adjacent to Cape Charles, east of York Spit Channel. 

L—Craney Island Flats [(4)(iv)] ................................................................ No change. 

M—Norfolk Harbor Channel Anchorages (NHCA) [(5)(i)] ........................ Old Anchorage M would be eliminated. 

N—NHCA [(5)(ii)] ...................................................................................... Old Anchorage N would be eliminated. 

O—NHCA [(5)(iii)] ..................................................................................... Old Anchorage O would be eliminated. 

P—Lambert’s Point [(6)(i)] ........................................................................ We would eliminate Anchorage P. 

Q—Elizabeth River Anchorage (ERA)[(6)(ii)] ........................................... Old Anchorage Q would be eliminated. 

R—ERA, Port Norfolk [(6)(iii)] .................................................................. Current Anchorage R would be redesignated Anchorage M. 

S—ERA, Port Norfolk [(6)(iv)] .................................................................. We would eliminate Anchorage S. 

T—ERA, Hospital Point [(6)(v)] ................................................................ We would rename Anchorage T Anchorage N. 

U—The Hague [(7)] .................................................................................. We would discontinue the use of the Anchorage U designation. Current 

Anchorage U would be redesignated Anchorage O. 

57658 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

Current anchorage [33 CFR 110.168(a)] Proposed change 

Q—Quarantine Anchorage ....................................................................... We proposed to establish a new quarantine anchorage adjacent to 

Cape Charles east of York Spit Channel. 

Discussion of Proposed Rule 

No changes are proposed for 

Anchorage grounds A, B, C, D, and E. 

Regulations for Anchorage F would 

establish one 500 yard radius berth (F–

1) that would replace the two 400 yard 

radius berths. Under our proposed 

regulations, vessels with a draft less 

than 45 feet would not be able to anchor 

in berth F–1 without permission from 

the Captain of the Port. Currently, 

vessels with a draft less than 40 feet and 

a length of less than 700 feet are 

excluded from using Anchorage F 

without permission from the Captain of 

the Port. Anchorage berth F–2 would be 

discontinued. 

New center positions have been 

calculated for Berths G–3 and G–4 to 

separate intersecting circumferences. 

This action would remove any 

ambiguity and address safety concerns 

involving overlapping swing circles. 

Berths G–1 and G–2 would remain 

unchanged. 

A new center position has been 

calculated for Berth I–2 to position it 

entirely within the boundary 

surrounding Anchorage I. The new 

position will move the berth northeast 

and remove any ambiguity associated 

with the limits of Anchorage I or Berth 

I–2. 

No changes are proposed for 

Anchorages H and J. There are no 

ongoing improvement projects occurring 

in Anchorage K other than those 

required to maintain the two 400 yard 

radius berths. The circular boundary 

lines for Berth K–1, East Anchorage, and 

for Berth K–2, West Anchorage, would 

be shown on future chart editions 

instead of the current linear berth 

boundaries. Berth K–3 would be 

discontinued. No changes are proposed 

for Anchorage L. 

Anchorage M, formerly referred to as 

Anchorage R, and Anchorage N, 

formerly referred to as Anchorage T, 

would remain available for small boat 

usage. Anchorage O, formerly referred to 

as Anchorage U, or The Hague, would 

also remain available for small boat 

usage. 

A new anchorage would be 

established to replace the current 

quarantine berth designated K–3. The 

current language in 33 CFR 110.168 

listing specific regulations for Berth K–

3 will be removed. The new quarantine 

anchorage would be designated Q and 

located east of York River Spit Channel 

between Chesapeake Channel Lighted 

Buoy 36 and Chesapeake Channel 

Lighted Buoy 38. Two berths, Q–1 and 

Q–2, each having a radius of 500 yards, 

would be designated within Anchorage 

Q. Specific regulations for Quarantine 

Anchorage, Anchorage Q, formerly 

Berth K–3, have been added to section 

(e) of the revised regulation. The letter 

designations P, R, S, T, and U would be 

discontinued. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

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).

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The proposed rule 

changes complement current anchorage 

usage and waterway modifications made 

by the USACE resulting in minimal 

impact. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The proposed rule would affect 

the owners or operators of small 

pleasure craft wishing to anchor in the 

Elizabeth River anchorages that would 

be discontinued due to shallow natural 

water depths. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have 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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its affects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Junior Grade Timothy Martin, Fifth 

Coast Guard District (oan), at (757) 398–

6285. The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

The proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57659

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed 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 proposed 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 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. 

Energy Effects 

We have analyzed this 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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. The proposed rule deals 

directly with establishing, 

disestablishing and renaming anchorage 

areas. 

A draft ‘‘Environmental Analysis 

Check list’’ and a draft ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make a 

final decision on whether the rule 

should be categorically excluded from 

further environmental review.

List of Subjects in 33 CFR Part 110 

Anchorage grounds.

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows:

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority for part 110 

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, and 2071; 33 CFR 1.05–

1(g); Department of Homeland Security 

Delegation No. 0170.1.

2. Revise § 110.168 to read as follows:

§ 110.168 Hampton Roads, Virginia, and 

adjacent waters (Datum: NAD 83). 

(a) Anchorage Grounds. (1) Anchorage 

A (Naval Anchorage). The waters 

bounded by the shoreline and a line 

connecting the following points:

Latitude Longitude

36°55′33.0′′ N. 76°02′47.0′′ W. 

36°57′02.8′′ N. 76°03′02.6′′ W. 

36°56′45.0′′ N. 76°01′30.0′′ W. 

36°55′54.0′′ N. 76°01′37.0′′ W. 

(2) Chesapeake Bay, Thimble Shoals 

Channel Anchorages.

(i) Anchorage B (Naval Anchorage).

The waters bounded by a line 

connecting the following points:

Latitude Longitude

36°57′58.0′′ N. 76°06′07.0′′ W. 

36°57′11.0′′ N. 76°03′02.1′′ W. 

36°55′48.8′′ N. 76°03′14.0′′ W. 

36°56′31.8′′ N. 76°06′07.0′′ W. 

36°57′04.0′′ N. 76°06′07.0′′ W. 

36°57′08.5′′ N. 76°06′24.5′′ W. 

(ii) Anchorage C (Naval Anchorage).

The waters bounded by a line 

connecting the following points:

Latitude Longitude

36°58′54.8′′ N. 76°09′41.5′′ W. 

36°58′18.8′′ N. 76°07′18.0′′ W. 

36°57′27.0′′ N. 76°07′37.5′′ W. 

36°58′04.0′′ N. 76°10′00.0′′ W. 

(iii) Anchorage D (Naval Anchorage).

The waters bounded by the shoreline 

and a line connecting the following 

points:

Latitude Longitude

36°55′49.0′′ N. 76°10′32.8′′ W. 

36°58′04.0′′ N. 76°10′02.1′′ W. 

36°57′31.2′′ N. 76°07′54.8′′ W. 

36°55′24.1′′ N. 76°08′28.8′′ W. 

(iv) Anchorage E (Commercial 

Explosive Anchorage). The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°59′58.7′′ N. 76°13′47.0′′ W. 

36°59′08.2′′ N. 76°10′33.8′′ W. 

36°58′13.0′′ N. 76°10′51.8′′ W. 

36°59′02.0′′ N. 76°14′10.2′′ W. 

(A) Explosive Handling Berth E–1 

(Explosives Anchorage Berth): The 

waters bounded by the arc of a circle 

with a radius of 500 yards and with the 

center located at:

Latitude Longitude

36°59′05.0′′ N. 76°11′23.0′′ W. 

(3) Hampton Roads Anchorages. (i) 

Anchorage F, Hampton Bar. The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°59′51.6′′ N. 76°19′12.0′′ W. 

36°59′25.2′′ N. 76°18′48.5′′ W. 

36°58′49.1′′ N. 76°19′33.8′′ W. 

36°59′25.0′′ N. 76°20′07.0′′ W. 

(A) Anchorage Berth F–1. The waters 

bounded by a line connecting the arc of 

a circle with a radius of 500 yards and 

with the center located at:

Latitude Longitude

36°59′29.1′′ N. 76°19′15.1′′ W. 

(ii) Anchorage G, Hampton Flats 

(Naval Explosives Anchorage). The 

waters bounded by a line connecting the 

following points:

57660 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

Latitude Longitude

36°59′25.0′′ N. 76°20′07.0′′ W. 

36°58′49.1′′ N. 76°19′33.8′′ W. 

36°57′41.4′′ N. 76°21′07.7′′ W. 

36°57′34.6′′ N. 76°21′26.7′′ W. 

36°57′31.1′′ N. 76°22′01.9′′ W. 

36°58′07.0′′ N. 76°22′03.0′′ W. 

36°58′54.8′′ N. 76°21′42.6′′ W. 

(A) Explosives Handling Berth G–1.

The waters bounded by the arc of a 

circle with a radius of 500 yards and 

with the center located at:

Latitude Longitude

36°57′50.0′′ N. 76°21′37.0′′ W. 

(B) Explosives Handling Berth G–2.

The waters bounded by the arc of a 

circle with a radius of 500 yards and 

with the center located at:

Latitude Longitude

36°58′14.0′′ N. 76°21′01.5′′ W. 

(C) Explosives Handling Berth G–3.

The waters bounded by the arc of a 

circle with a radius of 500 yards and 

with the center located at:

Latitude Longitude

36°58′34.2′′ N. 76°20′31.4′′ W. 

(D) Explosives Handling Berth G–4.

The waters bounded by the arc of a 

circle with a radius of 500 yards and 

with the center located at:

Latitude Longitude

36°58′54.9′′ N. 76°20′03.2′′ W. 

(iii) Anchorage H, Newport News Bar.

The waters bounded by a line 

connecting the following points:

Latitude Longitude

36°58′07.0′′ N. 76°22′03.0′′ W. 

36°57′31.1′′ N. 76°22′01.9′′ W. 

36°57′18.0′′ N. 76°24′11.2′′ W. 

36°57′38.3′′ N. 76°24′20.0′′ W. 

36°57′51.8′′ N. 76°22′31.0′′ W. 

(4) James River Anchorages. (i) 

Anchorage I, Newport News. The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°57′06.7′′ N. 76°24′44.3′′ W. 

36°56′22.6′′ N. 76°24′28.0′′ W. 

36°56′03.0′′ N. 76°24′37.0′′ W. 

36°57′53.7′′ N. 76°26′41.5′′ W. 

36°58′23.0′′ N. 76°27′11.0′′ W. 

36°58′48.5′′ N. 76°27′11.0′′ W. 

36°58′35.4′′ N. 76°26′38.4′′ W. 

36°57′51.7′′ N. 76°26′02.8′′ W. 

36°57′30.6′′ N. 76°25′34.5′′ W. 

(A) Anchorage Berth I–1. The waters 

bounded by the arc of a circle with a 

radius of 400 yards and with the center 

located at:

Latitude Longitude

36°57′08.5′′ N. 76°25′21.6′′ W. 

(B) Anchorage Berth I–2. The waters 

bounded by the arc of a circle with a 

radius of 400 yards and with the center 

located at:

Latitude Longitude

36°57′23.8′′ N. 76°25′46.0′′ W. 

(ii) Anchorage J, Newport News 

Middle Ground. The waters bounded by 

a line connecting the following points:

Latitude Longitude

36°57′21.0′′ N. 76°22′22.1′′ W. 

36°56′46.5′′ N. 76°22′39.3′′ W. 

36°56′25.3′′ N. 76°23′48.0′′ W. 

36°57′10.2′′ N. 76°24′09.9′′ W. 

(iii) Anchorage K Upper, Newport 

News Middle Ground. The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°57′56.4′′ N. 76°20′30.5′′ W. 

36°57′08.5′′ N. 76°20′31.0′′ W. 

36°56′48.8′′ N. 76°20′20.1′′ W. 

36°56′45.0′′ N. 76°20′32.0′′ W. 

36°56′45.0′′ N. 76°21′37.7′′ W. 

36°56′59.2′′ N. 76°22′31.5′′ W. 

36°57′21.0′′ N. 76°22′22.1′′ W. 

36°57′28.1′′ N. 76°21′11.7′′ W. 

(A) Anchorage Berth K–1. The waters 

bounded by the arc of a circle with a 

radius of 400 yards and with the center 

located at:

Latitude Longitude

36°57′30.5′′ N. 76°20′45.3′′ W. 

(B) Anchorage Berth K–2. The waters 

bounded by the arc of a circle with a 

radius of 400 yards and with the center 

located at:

Latitude Longitude

36°57′16.8′′ N. 76°21′09.5′′ W. 

(iv) Anchorage K Lower, Newport 

News Middle Ground. The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°55′59.9′′ N. 76°22′11.7′′ W. 

36°55′59.9′′ N. 76°24′00.0′′ W. 

36°56′25.3′′ N. 76°23′48.0′′ W. 

36°56′46.5′′ N. 76°22′39.3′′ W. 

36°56′53.1′′ N. 76°22′34.5′′ W. 

36°56′38.5′′ N. 76°21′39.1′′ W. 

36°56′38.5′′ N. 76°20′47.0′′ W. 

(v) Anchorage Berth L, Craney Island 

Flats. The waters bounded by a line 

connecting the following points:

Latitude Longitude

36°56′48.8′′ N. 76°20′20.1′′ W. 

36°56′04.2′′ N. 76°20′23.7′′ W. 

36°55′59.9′′ N. 76°22′11.7′′ W. 

(5) Elizabeth River Anchorages. (i) 

Anchorage M, Port Norfolk. The waters 

bounded by a line connecting the 

following points:

Latitude Longitude

36°51′45.7′′ N. 76°19′31.5′′ W. 

36°51′45.8′′ N. 76°19′20.7′′ W. 

36°51′37.8′′ N. 76°19′24.3′′ W. 

36°51′32.5′′ N. 76°19′31.1′′ W. 

36°51′40.7′′ N. 76°19′37.3′′ W. 

36°51′45.7′′ N. 76°19′31.5′′ W. 

(ii) Anchorage N, Hospital Point. The 

waters bounded by a line connecting the 

following points:

Latitude Longitude

36°50′50.0′′ N. 76°18′00.0′′ W. 

36°51′05.4′′ N. 76°18′22.4′′ W. 

36°50′36.7′′ N. 76°17′52.8′′ W. 

36°50′33.6′′ N. 76°17′58.8′′ W. 

36°50′49.3′′ N. 76°18′09.0′′ W. 

36°50′50.3′′ N. 76°18′07.8′′ W. 

36°50′56.2′′ N. 76°18′12.5′′ W. 

36°51′01.8′′ N. 76°18′32.3′′ W. 

(iii) Anchorage O, The Hague. The 

waters of the basin known as ‘‘The 

Hague’’, north of the Brambleton 

Avenue Bridge, except for the area 

within 100 feet of the bridge span that 

provides access to and from the 

Elizabeth River. 

(iv) Anchorage Q. Quarantine 

Anchorage. The waters bounded by a 

line connecting the following points:

Latitude Longitude

37°17′13.7′′ N. 76°06′41.6′′ W. 

37°17′30.3′′ N. 76°05′53.9′′ W. 

37°16′25.0′′ N. 76°05′18.4′′ W. 

37°16′08.4′′ N. 76°06′06.0′′ W. 

(A) Anchorage Berth Q–1. The waters 

bounded by the arc of a circle with a 

radius of 500 yards and with the center 

located at:

Latitude Longitude

37°17′05.7′′ N. 76°06′08.9′′ W. 

(B) Anchorage Berth Q–2. The waters 

bounded by the arc of a circle with a 

radius of 500 yards with the center 

located at:

(b) Definitions. As used in this 

section—

Class 1 (explosive) materials means 

Division 1.1, 1.2, 1.3, and 1.4 

explosives, as defined in 49 CFR 173.50. 

Dangerous cargo means ‘‘certain 

dangerous cargo’’ as defined in 

§ 160.204 of this title. 

U.S. naval vessel means any vessel 

owned, operated, chartered, or leased by 

the U.S. Navy; any pre-commissioned 

vessel under construction for the U.S. 

Navy, once launched into the water; and 

any vessel under the operational control 

of the U.S. Navy or a Combatant 

Command. 

(c) General regulations. (1) Except as 

otherwise provided, this section applies 

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57661

to vessels over 20 meters long and 

vessels carrying or handling dangerous 

cargo or Class 1 (explosive) materials 

while anchored in an anchorage ground 

described in this section. 

(2) Except as otherwise provided, a 

vessel may not occupy an anchorage for 

more than 30 days, unless the vessel 

obtains a permit from the Captain of the 

Port. 

(3) Except in an emergency, a vessel 

that is likely to sink or otherwise 

become a menace or obstruction to 

navigation or to the anchoring of other 

vessels, may not occupy an anchorage, 

unless the vessel obtains a permit from 

the Captain of the Port. 

(4) The Captain of the Port may, upon 

application, assign a vessel to a specific 

berth within an anchorage for a 

specified period of time. 

(5) The Captain of the Port may grant 

a revocable permit to a vessel for a 

habitual use of a berth. Only the vessel 

that holds the revocable permit may use 

the berth during the period that the 

permit is in effect. 

(6) The Commander, Fifth Coast 

Guard District, may authorize the 

establishment and placement of 

temporary mooring buoys within a 

berth. Placement of a fixed structure 

within an anchorage may be authorized 

by the District Engineer, U.S. Army 

Corps of Engineers. 

(7) If an application is for the longterm lay up of a vessel, the Captain of 

the Port may establish special 

conditions in the permit with which the 

vessel must comply. 

(8) Upon notification by the Captain 

of the Port to shift its position within an 

anchorage, a vessel at anchor must get 

underway at once or signal for a tug. 

The vessel must move to its new 

location within 2 hours after 

notification. 

(9) 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 communications guards on 

selected radio frequencies. 

(10) A vessel that does not have a 

sufficient crew on board to weigh 

anchor at any time must have two 

anchors in place, unless the Captain of 

the Port waives this requirement. 

Members of the crew may not be 

released until the required anchors have 

been set. 

(11) No vessel at anchor or at a 

mooring within an anchorage may 

transfer oil to another vessel unless the 

vessel has given the Captain of the Port 

the four hours advance notice required 

by § 156.118 of this title. 

(12) Barges may not anchor in the 

deeper portions of anchorages or 

interfere with the anchoring of deepdraft vessels. 

(13) Barges towed in tandem to an 

anchorage must be nested together when 

anchored. 

(14) Any vessel anchored or moored 

in an anchorage adjacent to the 

Chesapeake Bay Bridge Tunnel or 

Monitor-Merrimac Bridge Tunnel 

(MMBT) must be capable of getting 

underway within 30 minutes with 

sufficient power to keep free of the 

bridge tunnel complex. 

(15) A vessel may not anchor or moor 

in an anchorage adjacent to the 

Chesapeake Bay Bridge Tunnel or 

Monitor-Merrimac Bridge Tunnel 

(MMBT) if its steering or main 

propulsion equipment is impaired.

(d) Regulations for vessels handling or 

carrying dangerous cargoes or Class 1 

(explosive) materials. This paragraph 

applies to every vessel, except a naval 

vessel, handling or carrying dangerous 

cargoes or Class 1 (explosive) materials. 

(1) Unless otherwise directed by the 

Captain of the Port, each commercial 

vessel handling or carrying dangerous 

cargoes or Class 1 (explosive) materials 

must be anchored or moored within 

Anchorage Berth E–1. 

(2) Each vessel, including each tug 

and stevedore boat, used for loading or 

unloading dangerous cargoes or Class 1 

(explosive) materials in an anchorage, 

must carry a written permit issued by 

the Captain of the Port. 

(3) The Captain of the Port may 

require every person having business 

aboard a vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while in an anchorage, other 

than a member of the crew, to hold a 

form of valid identification. 

(4) Each person having business 

aboard a vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while in an anchorage, other 

than a member of the crew, must 

present the pass or other form of 

identification prescribed by paragraph 

(d)(4) of this section to any Coast Guard 

boarding officer who requests it. 

(5) The Captain of the Port may 

revoke at any time a pass issued under 

the authority of paragraph (d)(4) of this 

section. 

(6) Each non-self-propelled vessel 

handling or carrying dangerous cargoes 

or Class 1 (explosive) materials must 

have a tug in attendance at all times 

while at anchor. 

(7) Each vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while at anchor must display 

by day a red flag (Bravo flag) in a 

prominent location and by night a fixed 

red light. 

(e) Regulations for Specific 

Anchorages. (1) Anchorages A, B, C, 

and D. Except for a naval vessel, 

military support vessel, or vessel in an 

emergency situation, a vessel may not 

anchor in Anchorages A, B, C, or D 

without the permission of the Captain of 

the Port. The Captain of the Port must 

consult with the Commander, Naval 

Amphibious Base Little Creek, before 

granting a vessel permission to anchor 

in Anchorages A, B, C, or D. 

(2) Anchorage E. (i) A vessel may not 

anchor in Anchorage E without a permit 

issued by the Captain of the Port. 

(ii) The Captain of the Port must give 

commercial vessels priority over naval 

and public vessels. 

(iii) The Captain of the Port may at 

any time revoke a permit to anchor in 

Anchorage E issued under the authority 

of paragraph (e)(4)(i) of this section. 

(iv) A vessel may not anchor in 

Anchorage Berth E–1, unless it is 

handling or carrying dangerous cargoes 

or Class 1 (explosive) materials. 

(v) A vessel may not anchor within 

500 yards of Anchorage Berth E–1 

without the permission of the Captain of 

the Port, if the berth is occupied by a 

vessel handling or carrying dangerous 

cargoes or Class 1 (explosive) materials. 

(3) Anchorage F. A vessel having a 

draft less than 45 feet may not anchor 

in Anchorage F without the permission 

of the Captain of the Port. No vessel may 

anchor in Anchorage F for a longer 

period than 72 hours without 

permission from the Captain of the Port. 

Vessels expecting to be at anchor for 

more than 72 hours must obtain 

permission from the Captain of the Port.

(4) Anchorage G. (i) Except for a naval 

vessel, a vessel may not anchor in 

Anchorage G without the permission of 

the Captain of the Port. 

(ii) When handling or transferring 

Class 1 (explosive) materials in 

Anchorage G, naval vessels must 

comply with Department of Defense 

Ammunition and Explosives Safety 

Standards, or the standards in this 

section, whichever are the more 

stringent. 

(iii) When barges and other vessels are 

berthed at the Ammunition Barge 

Mooring Facility, located at latitude 36°

58′ 34′′ N., longitude 76° 21′12′′ W., no 

other vessel, except a vessel that is 

receiving or offloading Class 1 

(explosive) materials, may anchor 

within 1,000 yards of the Ammunition 

Barge Mooring Facility. Vessels 

transferring class 1 (explosive) materials 

must display by day a red flag (Bravo 

57662 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

flag) in a prominent location and by 

night a fixed red light. 

(iv) Whenever a vessel is handling or 

transferring Class 1 (explosive) materials 

while at anchor in Anchorage G, no 

other vessel may anchor in Anchorage G 

without the permission of the Captain of 

the Port. The Captain of the Port must 

consult with the Commander, Naval 

Base Norfolk, before granting a vessel 

permission to anchor in Anchorage G. 

(v) A vessel located within Anchorage 

G may not handle or transfer Class 1 

(explosive) materials within 400 yards 

of Norfolk Harbor Entrance Reach. 

(vi) A vessel may not handle or 

transfer Class 1 (explosive) materials 

within 850 yards of another anchored 

vessel, unless the other vessel is also 

handling or transferring Class 1 

(explosive) materials. 

(vii) A vessel may not handle or 

transfer Class 1 (explosive) materials 

within 850 yards of Anchorage F or H. 

(5) Anchorage I: Anchorage Berths I–

1 and I–2. A vessel that is 500 feet or 

less in length or that has a draft of 30 

feet or less may not anchor in 

Anchorage Berth I–1 or I–2 without the 

permission of the Captain of the Port. 

(6) Anchorage K: Anchorage Berths K–

1 and K–2. A vessel that is 500 feet or 

less in length or that has a draft of 30 

feet or less may not anchor in 

Anchorage Berth K–1 or K–2 without 

the permission of the Captain of the 

Port. 

(7) Anchorage N. Portions of this 

anchorage are a special anchorage area 

under § 110.72aa of this part during 

marine events regulated under § 100.501 

of this chapter. 

(8) Anchorage O. (i) A vessel may not 

anchor in Anchorage O unless it is a 

recreational vessel.

(ii) No float, raft, lighter, houseboat, or 

other craft may be laid up for any reason 

in Anchorage O without the permission 

of the Captain of the Port. 

(9) Anchorage Q: Quarantine 

Anchorage. (i) A vessel that is arriving 

from or departing for sea and that 

requires an examination by public 

health, customs, or immigration 

authorities may anchor in Anchorage Q. 

(ii) Every vessel using Anchorage Q 

must be prepared to move promptly 

under its own power to another location 

when directed by the Captain of the 

Port, and must promptly vacate 

Anchorage Q after being examined and 

released by authorities. 

(iii) When any vessel using Anchorage 

Q is under the charge of a pilot, the pilot 

shall remain on board while the vessel 

is in Anchorage Q. 

(iv) Any non-self-propelled vessel 

using Anchorage Q shall have a tugboat 

in attendance while undergoing 

examination by quarantine, customs, or 

immigration authorities, except with the 

permission of the Captain of the Port. 

(v) Any non-self-propelled vessel 

using Anchorage P shall have a tugboat 

in attendance while undergoing 

examination by quarantine, customs, or 

immigration authorities, except with the 

permission of the Captain of the Port.

Dated: September 2, 2004. 

Ben Thomason III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–21523 Filed 9–24–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF DEFENSE

Department of the Army; Corps of 

Engineers 

33 CFR Part 325

RIN 0710–AA51

Processing of Department of the Army 

Permits; Procedures for the Protection 

of Historic Properties

AGENCY: U.S. Army Corps of Engineers, 

DoD.

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is issuing an advance 

notice of proposed rulemaking 

(ANPRM) to obtain early comment on 

issues related to fulfilling the 

requirements of Section 106 of the 

National Historic Preservation Act in 

the Corps Regulatory Program. 

Specifically, we are soliciting comments 

on how our permit application 

processing procedures should be revised 

as a result of the 1992 amendments to 

the National Historic Preservation Act 

and the Advisory Council on Historic 

Preservation’s revised regulations on 

protection of historic property. We are 

also soliciting suggestions for 

facilitating government-to-government 

consultation with American Indian and 

Alaska Native governments, as well as 

consultation with State Historic 

Preservation Officers, Tribal Historic 

Preservation Officers, Native Hawaiian 

organizations, interested organizations, 

the regulated public, and other 

interested parties during the rulemaking 

process. Comments received in response 

to this ANPRM will be used to 

determine the course of action for 

revising our permit processing 

procedures for the protection of historic 

properties.

DATES: Submit comments on or before 

November 26, 2004.

ADDRESSES: Written comments should 

be sent to the U.S. Army Corps of 

Engineers, Attn: CECW–MVD (David B. 

Olson), 441 ‘‘G’’ Street, NW., 

Washington, DC 20314–1000, or by email to 

david.b.olson@hq02.usace.army.mil.

Electronic comments should be 

submitted in ASCII format or portable 

document format, to ensure that those 

comments can be read. Electronic files 

should avoid the use of special 

characters and any form of encryption, 

and be free of any defects or viruses. 

Consideration will be given to all 

comments received within 60 days of 

the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or access 

the U.S. Army Corps of Engineers 

Regulatory home page at http://

www.usace.army.mil/inet/functions/cw/

cecwo/reg/.

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Army Corps of Engineers 

(Corps) issues Department of the Army 

(DA) permits pursuant to Section 404 of 

the Clean Water Act (33 U.S.C. 1344), 

Section 10 of the Rivers and Harbors Act 

of 1899 (33 U.S.C. 403), and Section 103 

of the Marine Protection, Research, and 

Sanctuaries Act of 1972, as amended (33 

U.S.C. 1413) for certain activities in 

waters of the United States. The 

procedures for processing DA permits 

are found at 33 CFR part 325. We issue 

approximately 7,000 individual permits 

and 78,000 general permit verifications 

each year. In addition, many minor 

activities are authorized each year by 

non-reporting general permits.

On June 29, 1990 (55 FR 27000), we 

issued regulations at 33 CFR part 325, 

Appendix C to establish procedures to 

fulfill the requirements of Section 106 of 

the National Historic Preservation Act 

(NHPA) and other historic preservation 

laws applicable to the Corps Regulatory 

Program. Since Appendix C was issued, 

the NHPA was amended in 1992 and the 

Advisory Council on Historic 

Preservation (ACHP) revised its 

regulations at 36 CFR part 800 on 

December 12, 2000 (65 FR 77698), and 

July 6, 2004 (69 FR 40544). 

In the March 8, 2002, issue of the 

Federal Register (67 FR 10822) we 

published a notice to solicit comments 

on how the Corps should address the 

changes to the NHPA and 36 CFR part 

800. In response to that notice, we 

received 41 comments. Comments were 

received from Indian tribes, State 

Historic Preservation Officers, historic 

preservation organizations, industry 

groups, and individuals. Most