Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76275 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0171] 

RIN 1625–AA01 

Anchorage Regulations; Long Island 

Sound 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: In this rule the Coast Guard 

establishes seven anchorage grounds in 

Long Island Sound. These anchorages 

are located in Connecticut and New 

York State waters. This action is 

necessary to aid in facilitating the safe 

and secure anchoring and transiting of 

vessels, particularly deep draft vessels, 

transiting Long Island Sound or 

awaiting entry to a port or facility in 

New York and Connecticut. 

DATES: This rule is effective January 7, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0171 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–0171 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail LT Judson Coleman, Prevention 

Department, Coast Guard Sector Long 

Island Sound: telephone 203–468–4596, 

e-mail Judson.Coleman@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorage Regulations; Long 

Island Sound’’ in the Federal Register 

(74 FR 27948). We received four letters 

commenting on the proposed rule. No 

request for a public meeting was made. 

No public meeting was held. 

Basis and Purpose 

This rule establishes seven anchorage 

grounds in accordance with 33 CFR 

109.05 and 110.1(b). This action is 

necessary to aid in facilitating the safe 

and secure anchoring and transiting of 

vessels, particularly deep draft vessels, 

through Long Island Sound or while 

awaiting entry to a port or facility in 

New York or Connecticut. The 

anchorage grounds are designated for 

general purposes, but are intended 

primarily for use by commercial vessels 

of 300 gross tons and greater and all 

tank vessels, including tank barges. 

Creating official anchorage grounds 

will cause more vessels to anchor in 

these grounds, in addition to the large 

number that already do so, thereby 

providing the Captain of the Port 

(COTP) with increased options for 

vessels needing to anchor while 

awaiting authorization to enter port. The 

designation of anchorage grounds will 

provide for the safety of navigation in 

that it provides designated locations for 

anchorage of deep draft vessels 

throughout Long Island Sound, in close 

proximity to the major ports of 

Bridgeport, New Haven, and New 

London, Connecticut; and Riverhead, 

Northport, and Port Jefferson, New 

York. Vessels transiting Long Island 

Sound will now see charted anchorage 

grounds, thus improving safety of 

navigation. 

Background 

We consulted with several agencies in 

the development of these anchorage 

grounds, including: The Army Corps of 

Engineers New England District, the 

Army Corps of Engineers New York 

District, the National Oceanic and 

Atmospheric Administration (NOAA), 

the National Marine Fisheries Service 

(NMFS), the Connecticut Department of 

Environmental Protection—Office of 

Long Island Sound Programs, the New 

York Department of State and the New 

York Department of Conservation. 

Additionally, the licensed marine pilots’ 

organizations of both Connecticut and 

New York were consulted due to their 

extensive knowledge of the usage and 

need for anchorage grounds in Long 

Island Sound. 

In determining the need for, and 

appropriate location of, the anchorage 

grounds, we considered several factors, 

including: The commercial need for 

anchorage grounds, proximity to ports, 

safety of navigation, potential impact on 

commercial fishing, location of dredged 

material disposal sites, maritime 

security, environmental implications 

and location of known underwater 

obstructions, cables, pipelines and 

wrecks. 

The location of several submarine 

cables and pipelines carrying electricity 

and natural gas are de facto limitations 

on anchoring as these are hazards for 

vessels anchoring elsewhere in the 

Sound. Past anchor snags of submarine 

cables have not only interrupted use of 

the cable, but also present potential 

hazards to the stability of vessels as well 

as to the marine environment, should 

the housing of the cable contain any 

environmentally harmful materials. 

There are no cable or pipeline areas 

running through any of the seven 

anchorage grounds. Establishment of 

these anchorage grounds provides for 

protection of the environment in that 

vessels may anchor in an area free from 

cables. This would provide protections 

against anchor strikes of submarine 

cables and pipelines. Designation of 

these anchorage grounds will help guide 

the installation of future cables or 

pipelines so that they are located 

outside of the anchorage grounds. 

This rule does not exclude fishing 

activity or the transit of vessels in the 

anchorage grounds, but only requires 

that all vessels maintain a distance of 

500 yards from an anchored vessel that 

is conducting bunkering or lightering 

operations. Anchored vessels 

conducting bunkering or lightering 

operations are readily identified as they 

must display a red flag as required by 

46 CFR 35.30–1 in addition to the 

navigation lights and shapes required by 

33 U.S.C. 2001–2038. We anticipate the 

designation of these anchorage grounds 

may increase the number of anchored 

vessels in the area; however, such 

increase will cause only minimal 

interference to transiting vessels as the 

areas have historically been utilized for 

anchoring. The anchorage grounds have 

been configured so they do not overlap 

with leased shellfish beds. 

The NOAA Navigation Manager for 

the Northeast Region has provided 

information regarding the location of 

wrecks within Long Island Sound. No 

historical wrecked vessels are located 

within any of the anchorage grounds. 

As discussed below, the anchorage 

grounds established by this final rule do 

not overlap dredge disposal sites. 

Discussion of Comments and Changes 

Of the four comment letters received, 

two expressed support for the regulation 

and two expressed concerns about 

specific provisions. We revised the 

regulation in response to these 

comments, and we discuss those 

changes below. 

The Army Corps of Engineers 

commented that three of the proposed 


jlentini on DSKJ8SOYB1PROD with RULES
76276 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

anchorage grounds overlapped with 

dredge disposal sites. The Army Corps 

expressed concern that anchoring 

activities could disturb potentially 

contaminated sediment at these dredge 

disposal sites. After further consultation 

with the Army Corps, therefore, the 

Coast Guard reconfigured the proposed 

Bridgeport, New Haven South, and New 

London anchorage grounds to avoid 

dredge disposal sites. The Bridgeport 

anchorage ground is in the same 

location but slightly smaller than 

proposed in the NPRM. We also 

removed a portion of the northwest side 

of the New Haven South anchorage 

ground, reducing the overall size 

slightly so not to intrude into the 

Dumping Ground nearby. The New 

London site remained the same size, but 

we shifted it two and one half (2.5) 

nautical miles to the southwest. These 

changes are minor and do not affect the 

general location or use of the anchorages 

as proposed in the NPRM. 

In paragraph (b)(2), we revised the 

notification requirement to affect vessels 

anchoring in the anchorage area, rather 

than entering the anchorage area. The 

new language is more narrowly tailored 

to the safety purpose of that notification 

requirement. 

In paragraph (b)(4), for the 

convenience of the reader we noted the 

restrictions already in place as the result 

of an existing Regulated Navigation 

Area. We also simplified the proposed 

prohibition on fishing and navigation 

within 500 yards of certain vessels to, 

simply, navigation within 500 yards of 

anchored vessels conducting bunkering 

or lightering operations. The revised 

provision is clearer, and preserves safety 

precautions while avoiding confusion 

about which vessels are carrying 

petroleum or other flammable cargo. We 

then moved proposed paragraph (b)(14), 

discussing the identification of vessels 

conducting lightering or bunkering, to 

immediately follow (b)(4), and 

renumbered all subsequent paragraphs 

accordingly. These minor organizational 

changes are intended to make the 

regulation clearer and easier to read. 

One comment letter expressed 

concern regarding paragraph (b)(5) 

(previously paragraph (b)(14) of the 

proposed rule), which addresses light 

signals for vessels engaged in lightering 

or bunkering within an anchorage. The 

commenter correctly pointed out that 46 

CFR 35.30–1 does not permit a vessel to 

display a red light while at anchor, 

because such a light could be confused 

with a running light. Common practice 

is to illuminate the red ‘‘Bravo’’ flag with 

a spotlight at night. Accordingly, we 

have revised the text of paragraph (b)(5) 

to require that a vessel conducting 

lighting or bunkering operations in the 

anchorage ground display a red flag by 

day and illuminate the flag by spotlight 

at night. We also added reference to the 

existing requirements for day signals, 

lights, and whistles set forth in Title 33 

of the U.S. Code. 

In paragraph (b)(6) (previously 

proposed paragraph (b)(5)) we clarified 

that the COTP permission must be in 

writing. In paragraph (b)(10) (previously 

proposed paragraph (b)(9)) we added a 

recommendation that anchored vessels 

maintain a radio watch on VHF channel 

13 in addition to the required radio 

watch on VHF channel 16, to maintain 

bridge to bridge radio capability as an 

additional safety measure. In paragraph 

(b)(13) (previously proposed paragraph 

(b)(12)) we clarified sentence structure 

and corrected a typographical error to 

show that a vessel requests permission 

‘‘from’’ the COTP. We also standardized 

the use of the term ‘‘anchorage grounds’’ 

throughout the section, replacing 

various terms such as ‘‘zones’’ and 

‘‘areas.’’ 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

Regulatory Planning and Review 

This 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. 

This rule is not significant because 

there are no fees, permits, or specialized 

requirements for the maritime industry 

to utilize these anchorage grounds. The 

regulation is solely for the purpose of 

advancing the safety of maritime 

commerce. We anticipate no negative 

impact to the fishing community, 

including dragging, lobstering and 

shellfishing. This rule does not exclude 

fishing activity or the transit of vessels 

in the anchorage grounds. The Coast 

Guard anticipates the anchorage 

grounds would cause minimal transit 

interference, by way of increased vessel 

anchorage, as these areas have 

historically been utilized for anchoring 

with no reports of significant 

interference with vessel transits through 

the area. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will 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: Commercial vessels wishing to 

transit or fish in the portions of Long 

Island Sound covered by this regulation. 

This rule should only have a minimal 

economic impact on lobster fishing 

vessels, small commercial vessels and 

recreational boaters. This conclusion is 

based upon the fact that the only 

restriction for entry or use of the 

anchorages is for all vessels to maintain 

a distance of 500 yards from an 

anchored vessel conducting lightering 

or bunkering operations. The regulation 

creates seven new anchorage grounds. 

These areas historically have been, and 

routinely are, used for anchorage by 

both deep draft and smaller vessels. The 

anchorage grounds do not interfere with 

existing ferry routes between 

Connecticut and Long Island, New York. 

The NPRM sought comments from small 

entities that may be affected by this 

rulemaking. No comments were 

received concerning small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM 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). 

The Coast Guard will not retaliate 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76277 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This 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 (adjusted for inflation) 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 rule will not cause 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this 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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(f), of the Instruction. This rule 

involves the establishment of general 

anchorage grounds. An environmental 

analysis checklist and a 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 110.146 to read as follows: 

§ 110.146 Long Island Sound. 

(a) Anchorage grounds. 

(1) Bridgeport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°04′52′′ N ............... 73°14′04′′ W; thence 

to 

41°03′45′′ N ............... 73°14′04′′ W; thence 

to 

41°03′45′′ N ............... 73°11′39′′ W; thence 

to 

41°02′50′′ N ............... 73°12′08′′ W; thence 

to 

41°02′50′′ N ............... 73°16′18′′ W; thence 

to 

41°04′52′′ N ............... 73°16′18′′ W; returning to point of origin. 

(2) New Haven North Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°12′18′′ N ............... 72°52′36′′ W; thence 

to 

41°12′18′′ N ............... 72°49′36′′ W; thence 

to 

41°10′12′′ N ............... 72°48′18′′ W; thence 

to 

41°10′12′′ N ............... 72°52′12′′ W; thence 

to 

41°11′06′′ N ............... 72°53′06′′ W; returning to point of origin. 

(3) New Haven South Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°09′30′′ N ............... 72°47′48′′ W; thence 

to 

41°08′36′′ N ............... 72°47′24′′ W; thence 

to 


jlentini on DSKJ8SOYB1PROD with RULES
76278 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

Latitude Longitude 

41°08′36′′ N ............... 72°51′24′′ W; thence 

to 

41°09′30′′ N ............... 72°51′24′′ W; returning to point of origin. 

(4) New London Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°14′11′′ N ............... 072°15′38′′ W; thence 

to 

41°15′05′′ N ............... 072°16′02′′ W; thence 

to 

41°15′39′′ N ............... 072°13′21′′ W; thence 

to 

41°14′45′′ N ............... 072°12′57′′ W; returning to point of origin. 

(5) Northport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

40°58′48′′ N ............... 073°16′30′′ W; thence 

to 

40°57′42′′ N ............... 073°11′42′′ W; thence 

to 

40°56′30′′ N ............... 073°13′30′′ W; thence 

to 

40°57′36′′ N ............... 073°18′12′′ W; returning to point of origin. 

(6) Port Jefferson Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°01′48′′ N ............... 073°04′54′′ W; thence 

to 

41°01′48′′ N ............... 073°00′00′′ W; thence 

to 

41°00′18′′ N ............... 073°00′00′′ W; thence 

to 

41°00′18′′ N ............... 073°04′54′′ W; returning to point of origin. 

(7) Riverhead Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°03′00′′ N ............... 072°42′00′′ W; thence 

to 

41°04′00′′ N ............... 072°36′00′′ W; thence 

to 

41°02′00′′ N ............... 072°35′24′′ W; thence 

to 

Latitude Longitude 

41°01′24′′ N ............... 072°41′24′′ W; returning to point of origin. 

(8) All coordinates referenced use 

datum: NAD 83. 

(b) General regulations. 

(1) These anchorages are designated 

for general purposes, but are intended 

primarily for use by commercial vessels 

of 300 gross tons and greater and all 

tank vessels including tank barges. 

Except in emergencies, commercial 

vessels of 300 gross tons and greater and 

all tank vessels, including tank barges, 

anchoring in the Captain of the Port 

Long Island Sound Zone inside the line 

of demarcation shall anchor in the 

anchorage grounds described above. 

(2) Prior to anchoring in the 

anchorage area, all vessels shall notify 

the Coast Guard Captain of the Port via 

VHF–FM Channel 16. 

(3) In anchorages where lightering and 

bunkering operations are authorized, the 

Captain of the Port must be notified at 

least four hours in advance of a vessel 

conducting lightering or bunkering 

operations, as required by 156.118 of 

this title. In addition, all lightering and 

bunkering operations must be done in 

accordance with 156.120 of this title. 

(4) Within an anchorage, navigation is 

prohibited within 500 yards of an 

anchored vessel that is conducting 

bunkering or lightering operations. In 

accordance with the ‘‘Regulated 

Navigation Area: Long Island Sound 

Marine Inspection and Captain of the 

Port Zone,’’ 33 CFR 165.153(d)(7), 

navigation also is prohibited within 100 

yards of a vessel engaged in commercial 

service. 

(5) Any vessel conducting lightering 

or bunkering operations shall display by 

day a red flag at its mast head or at least 

10 feet above the upper deck if the 

vessel has no mast, and by night the flag 

must be illuminated by spotlight. These 

signals shall be in addition to day 

signals, lights, and whistle signals 

required by rules 30 (33 U.S.C. 2030) 

and 35 (33 U.S.C. 2035) of the Inland 

Navigation Rules when at anchor in a 

general anchorage area. 

(6) Except as otherwise provided, a 

vessel may not occupy an anchorage for 

more than 30 days, unless the vessel 

obtains written permission from the 

Captain of the Port. 

(7) If a request is made for the longterm lay up of a vessel, the Captain of 

the Port may establish special 

conditions with which the vessel must 

comply in order for such a request to be 

approved. 

(8) The Captain of the Port may 

prescribe specific conditions for vessels 

anchoring within the anchorage grounds 

described in this section, pursuant to 33 

CFR 109.05. These conditions may 

include, but are not limited to: The 

number and location of anchors; scope 

of chain; readiness of the engineering 

plant and equipment; use of tugs; and 

requirements for maintaining 

communication guards on selected radio 

frequencies. 

(9) No vessel in such condition that it 

is likely to sink or otherwise become a 

menace or obstruction to navigation or 

anchorage of other vessels shall occupy 

an anchorage, except in cases where 

unforeseen circumstances create 

conditions of imminent peril to 

personnel, and then only for such 

period as may be authorized by the 

Captain of the Port. 

(10) All vessels anchored within the 

designated anchorage grounds shall 

comply with the regulations found in 33 

CFR 164.19 and shall maintain a 

continuous bridge watch by a licensed 

deck officer proficient in English, 

monitoring VHF–FM Channel 16. This 

individual shall confirm that the ship’s 

crew performs frequent checks of the 

vessel’s position to ensure the vessel is 

not dragging anchor. A second VHF–FM 

radio monitoring Channel 13 is strongly 

recommended. 

(11) Anchors shall be placed well 

within the anchorage grounds so that no 

portion of the hull or rigging will at any 

time extend outside of the anchorage 

area. 

(12) The Coast Guard Captain of the 

Port may close the anchorage area and 

direct vessels to depart the anchorage 

during periods of adverse weather or at 

other times as deemed necessary in the 

interest of port safety and security. 

(13) Any vessel anchored in these 

grounds must be capable of getting 

underway if ordered by the Captain of 

the Port and must be able to do so 

within two (2) hours of notification by 

the Captain of the Port. If a vessel will 

not be able to get underway within two 

(2) hours of notification, permission 

must be requested from the Captain of 

the Port to remain in the anchorage. 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. 

(14) Fixed moorings, piles or stakes 

are prohibited. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76279 

Dated: September 17, 2010. 

D.A. Neptun, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. 2010–30741 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1058] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Burlington, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the 

Burlington Railroad Drawbridge across 

the Upper Mississippi River, mile 403.1, 

at Burlington, Iowa. The deviation is 

necessary to allow the bridge owner 

time to replace the swing span with a 

lift span and to construct the right 

descending tower. This deviation allows 

the bridge to be maintained in the 

closed-to-navigation position for sixtytwo days. 

DATES: This deviation is effective from 

6 a.m., December 15, 2010 to 6 a.m. 

February 15, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

1058 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1058 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone 314–269–2378, e-mail 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The BNSF 

Railway Company requested a 

temporary deviation for the Burlington 

Railroad Drawbridge, across the Upper 

Mississippi River, mile 403.1, at 

Burlington, Iowa to remain in the 

closed-to-navigation position for 62 

days from 6 a.m., December 15, 2010 to 

6 a.m., February 15, 2011 to allow the 

bridge owner time to complete the 

Truman-Hobbs alteration. The new lift 

span will be set in place and the right 

descending tower will be completed. 

The Burlington Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Burlington Railroad Drawbridge, 

in the closed-to-navigation position, 

will provide a vertical clearance of 19.3 

feet above normal pool. Navigation on 

the waterway consists primarily of 

commercial tows and recreational 

watercraft. The drawbridge will not be 

able to open for emergencies during the 

construction period. This temporary 

deviation has been coordinated with 

waterway users. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: November 26, 2010. 

Eric A. Washburn, 

Bridge Administrator. 

[FR Doc. 2010–30744 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1073] 

Drawbridge Operation Regulation; 

James River, Hopewell, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the SR 156 

Benjamin Harrison Memorial Bridge, 

across the James River, mile 65.0, at 

Hopewell, VA. The deviation is 

necessary to facilitate mechanical 

repairs to the vertical lift span. This 

deviation allows the drawbridge to 

remain in the closed to navigation 

position. 

DATES: This deviation is effective from 

9 a.m. to 9 p.m. on December 16, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket USCG–2010–1073 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1073 in the ‘‘Keywords’’ box, and 

then clicking ‘‘Search’’. This material is 

also available for inspection or copying 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Bill H. Brazier, Bridge 

Management Specialist, Fifth Coast 

Guard District; telephone (757) 398– 

6422, e-mail Bill.H.Brazier@uscg.mil. If 

you have questions on reviewing the 

docket, call Renne V. Wright, Program 

Manager, Docket Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates this vertical-lift 

type bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 117.5, 

which requires the bridge to open 

promptly and fully when a request to 

open is given. In the closed to 

navigation position the SR 156 

Benjamin Harrison Memorial Bridge 

across the James River, mile 65.0, at 

Hopewell, VA has a vertical clearance of 

50 feet above mean high water. The 

purpose of the deviation is to facilitate 

structural repairs. 

Under this temporary deviation, the 

drawbridge will be maintained in the 

closed to navigation position to 

facilitate repairs to the skew couplings 

that keep the vertical lift portion of the 

bridge balanced. The lift span will be 

closed from 9 a.m. to 9 p.m. on 

December 16, 2010. 

Typical vessel traffic on the James 

River includes a variety of vessels from 

freighters, tug and barge traffic, and 

recreational vessels. Vessels that can 

pass under the bridge without a bridge 

opening may continue to do so at 

anytime. There are no alternate routes 

for vessels transiting this section of the 

James River and the drawbridge will be 

unable to open in the event of an 

emergency. 

The Coast Guard has carefully 

coordinated the restrictions with 

commercial and recreational waterway 


jlentini on DSKJ8SOYB1PROD with RULES