[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Rules and Regulations]
[Pages 41248-41250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14676]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2019-0822]
RIN 1625-AA01


Anchorage Grounds; Atlantic Ocean, Delaware

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the anchorage regulations for the 
Delaware Bay and River, and adjacent waters, by establishing two 
offshore deep-water anchorages. The purpose of this rule is to improve 
navigation safety by accommodating recent and anticipated future growth 
in vessel size and the volume of vessel traffic entering the Delaware 
Bay and River, and to preserve areas traditionally used or needed for 
anchoring.

DATES: This rule is effective August 11, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0822 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Elizabeth Marshall, Sector Delaware Bay, U.S. 
Coast Guard; telephone (215) 271-4851, email 
<a href="/cdn-cgi/l/email-protection#a9ecc5c0d3c8cbccddc187e387e4c8dbdac1c8c5c5e9dcdacace87c4c0c5"><span class="__cf_email__" data-cfemail="6c290005160d0e091804422642210d1e1f040d00002c191f0f0b42010500">[email protected]</span></a>; or Mr. Matt Creelman, Fifth Coast Guard 
District (dpw), U.S. Coast Guard; telephone (757) 398-6230, email 
<a href="/cdn-cgi/l/email-protection#3974584d4d515c4e1772177a4b5c5c555458570b794c4a5a5e17545055"><span class="__cf_email__" data-cfemail="a1ecc0d5d5c9c4d68fea8fe2d3c4c4cdccc0cf93e1d4d2c2c68fccc8cd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

ACPARS Atlantic Coast Port Access Route Study
AIS Automatic Identification System
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NOI Notice of Intent
NPRM Notice of Proposed Rulemaking
PARS Port Access Route Study
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In 2011, the Coast Guard received requests to formally establish 
anchorages in the Atlantic Ocean offshore from the Delaware coast in 
response to the Atlantic Coast Port Access Route Study (ACPARS). The 
ACPARS is available at https://navcen.uscg.gov/?pageName=PARSReports. 
The Federal Pilots and the Mariners' Advisory Committee for the Bay and 
River Delaware requested formal anchorage grounds be established to the 
east and the west of the Southeastern Approach traffic separation 
scheme in order to preserve areas traditionally used for anchoring from 
offshore development. The Coast Guard held meetings on July 12, 2018, 
and August 21, 2018, with maritime stakeholders and waterway users to 
discuss the impacts to vessel traffic and navigation safety on the 
Delaware Bay and River due to the expansion of the Panama Canal and the 
planned deepening of the Delaware River from 40 to 45 feet. The 
attendees determined that the increased volume of vessel traffic and 
the size of vessels calling on the Delaware Bay and River, combined 
with planned and potential offshore development, heightened the need to 
formally establish new anchorage grounds.
    On November 29, 2019, the Coast Guard published a Notice of Inquiry 
(NOI) in the Federal Register (81 FR 25854). There, we stated why we 
issued the NOI and invited comments on our inquiry into the 
establishment of two anchorages offshore Delaware Bay and one inshore, 
at the breakwater of Cape Henlopen. We received 42 comments.
    After considering all comments on the NOI, the Coast Guard 
published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register (87 FR 16126) on March 22, 2022. There, we stated why we 
issued the NPRM and why we decided to move forward with only two of the 
proposed anchorages: Anchorage C--Cape Henlopen and Anchorage D--Indian 
River. We invited comments on the proposed rulemaking. We received one 
comment.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 46 
U.S.C. 70006 and 33 CFR 1.05-1, DHS Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory anchorage grounds.
    The purpose of this rule is to improve navigation safety by 
accommodating recent and anticipated future growth in cargo vessel size 
and volume of vessel traffic entering the Delaware Bay and River, and 
to preserve areas traditionally used or needed for anchoring.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published March 
22, 2022. That comment had two parts. First, that we consider revising 
the regulatory language used to describe the anchorage coordinates in 
order to aid cartography and comprehension. Second, that we consider 
the impact of a sunken wreck located within the area of Anchorage D--
Indian River on anchoring vessels. In this section, we discuss how we 
responded to each part of this comment and the Final Rule.

A. Regulatory Language

    Regarding the language used in the Rule, the comment recommended 
revising paragraphs (a)(19) and (a)(20) by removing text reading, ``The 
waters bounded by a line connecting the following points:,'' and 
replacing it

[[Page 41249]]

with, ``All waters bound by the following points:.'' The Coast Guard 
agrees with this recommendation with the intent to assist cartography. 
The revision has been implemented into the regulatory text at the end 
of this rulemaking. All other regulatory text remaining unchanged.

B. Wreckage in Anchorage D--Indian River

    The comment identifies a sunken wreck located at 74[deg]50'32.463'' 
W, 38[deg]30'31.788'' N (WGS 1984), which is located within the 
boundaries of Anchorage D--Indian River and requests the Coast Guard 
determine the possibility of adverse effects caused by this obstruction 
in the anchorage ground. The Coast Guard finds that this wreckage is 
relatively small in nature compared to the overall size of the 
anchorage area and charted depth of water, which leaves sufficient area 
within the anchorage for the use of vessels to anchor away from this 
obstruction. The Coast Guard also believes this is a well-documented 
and well-charted wreckage, and that a prudent mariner would avoid 
anchoring over such an object. The Coast Guard finds that overall risk 
of adverse effects from wreckage to be very low and made no changes to 
this rule in response.

C. Final rule

    This rule formally establishes two new anchorage grounds, Anchorage 
C--Cape Henlopen and Anchorage D--Indian River. Anchorage C--Cape 
Henlopen will be located in the Atlantic Ocean approximately 9.4 miles 
east of the Delaware coast in naturally deep water with charted depths 
between 41 and 85 feet. Anchorage D--Indian River will be located in 
the Atlantic Ocean beginning approximately 6 miles east of the Delaware 
coast in naturally deep water with charted depths between 40 and 85 
feet. The specific coordinates for these anchorage grounds are included 
in the regulatory text at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the location and 
size of the proposed anchorage grounds, as well as the vessel traffic 
and anchoring data provided by the Coast Guard Navigation Center. The 
regulation would ensure approximately 27 square miles of anchorage 
grounds are designated to provide necessary commercial deep draft 
anchorages and enhance the navigational safety of commercial vessels 
transiting to, from, and within the Delaware Bay and River. The impacts 
on routine navigation are expected to be minimal because the proposed 
anchorage areas are located outside of the established traffic 
separation zones and are consistent with current anchoring habits of 
vessels that call on the Delaware River. When not occupied, vessels 
would be able to maneuver in, around, and through the anchorages.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard did not receive any comments from the Small 
Business Administration on this rulemaking. 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.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. Anchorage C--Cape Henlopen and 
Anchorage D--Indian River are located in an area of the Atlantic Ocean, 
which is not a popular or productive fishing location. Further, the 
location is not in an area routinely transited by vessels heading to, 
or returning from, known fishing grounds. Finally, the anchorage is 
located in an area that is not currently used by small entities, 
including small vessels, for anchoring due to the depth of water 
naturally present in the area.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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 against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this 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.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of

[[Page 41250]]

$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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves 
amending the regulations for Delaware Bay and River anchorage grounds 
by establishing two new anchorage regulations; Anchorage C--Cape 
Henlopen and Anchorage D--Indian River. It is categorically excluded 
from further review under paragraph L59(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

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

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  110.157 by adding paragraphs (a)(18), (a)(19) and 
(a)(20) to read as follows:


Sec.  110.157  Delaware Bay and River.

    (a) * * *
    (18) Reserved.
    (19) Anchorage C--Cape Henlopen. All waters bound by the following 
points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
38[deg]40'54.00'' N                   74[deg]52'00.00'' W
38[deg]40'56.08'' N                   74[deg]48'51.34'' W
38[deg]37'36.00'' N                   74[deg]'48'30.00'' W
------------------------------------------------------------------------


(DATUM: NAD 83)

    (20) Anchorage D--Indian River. All waters bound by the following 
points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
38[deg]34'56.25'' N                   74[deg]52'19.12'' W
38[deg]33'40.91'' N                   74[deg]54'41.50'' W
38[deg]31'31.08'' N                   74[deg]55'27.96'' W
38[deg]29'07.35'' N                   74[deg]53'29.25'' W
38[deg]28'56.87'' N                   74[deg]50'28.69'' W
38[deg]30'07.37'' N                   74[deg]48'08.38'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *

    Dated: June 29, 2022.
S.N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-14676 Filed 7-11-22; 8:45 am]
BILLING CODE 9110-04-P


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