Rule2022-14676
Anchorage Grounds; Atlantic Ocean, Delaware
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 12, 2022
Effective
August 11, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 132 (Tuesday, July 12, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://navcen.uscg.gov/?pageName=PARSReports">https://navcen.uscg.gov/?pageName=PARSReports</a>.
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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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.