[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9811-9814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03121]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2012-0159]
RIN 1625-AA01


Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule modifies the description of four general anchorages 
in Puget Sound and decreases the size of five general anchorage areas. 
These administrative changes clarify for the public the boundaries and 
requirements of anchorages. This ensures good order and predictability 
within the anchorages of the Captain of the Port (COTP) Puget Sound 
zone.

DATES: This rule is effective March 14, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0159]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 email Mr. Mark Ashley, Director Vessel Traffic Service Puget 
Sound, Waterways Management Division, Sector Puget Sound, Coast Guard; 
telephone 206-217-6046, email Mark.E.Ashley@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: This rule modifies the description of four 
general anchorages in Puget Sound, decreases the size of five general 
anchorage areas, incorporates 33 CFR 110.229 into 33 CFR 110.230, and 
renames 33 CFR 110.230.

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
October 2, 2012, in the Federal Register (77 FR 60081). The Coast Guard 
received no public comments in the

[[Page 9812]]

docket and no requests for public meetings.

B. Basis and Purpose

    The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236, 
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define anchorage grounds. The 1976 Puget Sound Area Anchorages 
rulemaking defined 11 general and explosive anchorages within the 
greater Puget Sound area. These areas are described using geographic 
points of land and bearings and ranges as the boundaries. This rule 
updates existing anchorage descriptions using points of latitude and 
longitude, which, with the advent of Global Positioning System (GPS), 
is more practical and accurate. Also, changes to shore side 
infrastructure, safety and security zones, and environmentally 
sensitive areas made some anchorage boundaries impractical. This rule 
remedies such impracticalities by reducing the size of specified 
anchorages.

C. Discussion of Comments and Changes and the Final Rule

    The Coast Guard received no comments in the docket for this 
rulemaking. We made only one change to the regulation as originally 
proposed, which was to replace certain text in the Commencement Bay 
General Anchorage with geographic coordinates. Specifically, we 
replaced the phrase ``to a point bearing 286[deg]T from Hylebos 
Waterway Light 1 at a distance of 450 yards'' with the coordinates 
``latitude 47[deg]17'18.36'' N, longitude 122[deg]25'04.45'' W.'' These 
are two equivalent ways to discuss the same location. This change is a 
non-substantive substitution that does not change the size or shape of 
the anchorage.
    Other than the change above, the Coast Guard made no changes to the 
proposals discussed in the NPRM. This rule adopts them as proposed.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those orders. We do not expect this 
rule to have significant impact because it is administrative in nature 
and would not alter current navigational practices on the affected 
waterway.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business 
Administration on this rule. 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 would affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
this portion of Puget Sound, the Strait of Juan de Fuca, and adjoining 
waters. Because the changes are only administrative in nature, and will 
not alter current navigational practices on the affected waterway, the 
rule will not have significant economic impact on a substantial number 
of small entities.

3. Assistance for Small Entities

    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 this rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

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

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. 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.

9. 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.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of

[[Page 9813]]

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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 administrative changes to an anchorage 
regulation. This rule is categorically excluded from further review 
under paragraph 34(f) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

Sec.  110.229  [Removed]

0
2. Remove Sec.  110.229.
0
3. In Sec.  110.230, revise the section heading and paragraph (a) to 
read as follows:


Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

    (a) Anchorage grounds. All coordinates are expressed in North 
American Datum 1983.
    (1) Freshwater Bay Emergency Anchorage. All waters of Freshwater 
Bay and adjacent waters shoreward of a line beginning at Observatory 
Point, latitude 48[deg]09'03'' N, longitude 123[deg]38'12'' W; thence 
000[deg]T to latitude 48[deg]09'36'' N, longitude 123[deg]38'12'' W; 
thence 090[deg]T to latitude 48[deg]09'36'' N, longitude 
123[deg]33'27'' W; thence 180[deg]T ending at Angeles Point, latitude 
48[deg]09'00'' N, longitude 123[deg]33'27'' W.
    (i) This anchorage may only be assigned to vessels experiencing an 
emergency that requires anchoring. Vessel emergencies include equipment 
failures, cargo securing, etc. Vessels requiring a customs inspection 
will not be allowed to anchor in this area.
    (ii) [Reserved.]
    (2) Bellingham Bay Anchorages--(i) General Anchorage. The waters of 
Bellingham Bay within a circular area with a radius of 2,000 yards, 
having its center at latitude 48[deg]44'14.39'', longitude 
122[deg]32'26.62''.
    (ii) Explosives Anchorage. The waters of Bellingham Bay within a 
circular area with a radius of 1,000 yards, having its center at 
latitude 48[deg]42'47.39'', longitude 122[deg]33'41.62''.
    (3) Port Townsend Anchorages. (i) Fair weather explosives anchorage 
area. A circular area having a radius of 300 yards, whose center is at 
latitude 48[deg]06'25.30'', longitude 122[deg]43'50.60''.
    (ii) Foul weather explosives anchorage area. A circular area having 
a radius of 300 yards, whose center is at latitude 48[deg]04'4.33'', 
longitude 122[deg]44'56.60''.
    (4) Holmes Harbor General Anchorage. All waters of Holmes Harbor 
lying south of a line between latitude 48[deg]05'50'' N, longitude 
122[deg]31'24'' W; thence 311[deg]T to latitude 48[deg]07'03'' N, 
longitude 122[deg]33'31'' W.
    (5) Port Gardner General Anchorage. All waters in a quadrilateral 
area bounded as follows: Beginning at latitude 47[deg] 58'57'' N, 
longitude 122[deg]14'05'' W; thence 302[deg]T to latitude 
47[deg]59'21.5'' N, longitude 122[deg]15'02'' W; thence 229[deg]T to 
latitude 47[deg]58'57'' N, longitude 122[deg]15'44'' W; thence 
122[deg]T to latitude 47[deg]58'32.5'' N, longitude 122[deg]14'47'' W; 
thence 048[deg]T to point of origin.
    (6) Thorndike Bay Emergency Explosives Anchorage. All waters in a 
quadrilateral area bounded as follows: Beginning at latitude 
47[deg]47'59'' N, longitude 122[deg]43'30'' W; thence 270[deg]T to 
latitude 47[deg]47'59'' N, longitude 122[deg]44'30'' W; thence 
180[deg]T to latitude 47[deg]47'30'' N, longitude 122[deg]44'30'' W; 
thence 090[deg]T to latitude 47[deg]7'30'' N, longitude 122[deg]43'30'' 
W, thence 000[deg]T to point of origin.
    (7) Elliott Bay Anchorages--(i) Smith Cove West General Anchorage. 
All waters inside the area beginning at latitude 47[deg]38'20.44'' N, 
longitude 122[deg]24'48.56'' W; thence 207T to latitude 
47[deg]37'51.6'' N, longitude 122[deg]25'10.5'' W; thence 124[deg]T to 
latitude 47[deg]36'56.2'' N, longitude 122[deg]23'07'' W; thence 
000[deg]T to latitude 47[deg]37'59.5'' N, longitude 122[deg]23'07'' W; 
thence northwest along the shoreline to the point of origin.
    (ii) Smith Cove East General Anchorage. All waters inside the area 
beginning at latitude 47[deg]37'36.2'' N, longitude 122[deg]22'43'' W; 
thence 180[deg]T to latitude 47[deg]36'56.2'' N, longitude 
122[deg]22'43'' W; thence 090[deg]T to latitude 47[deg]36'56.2'' N, 
longitude 122[deg]21'22.5'' W, thence northwest along the shoreline to 
the point of origin.
    (iii) Elliott Bay East General Anchorage. All waters inside the 
area beginning at latitude 47[deg]35'25.8'' N, longitude 
122[deg]20'45.5'' W; thence 000[deg]T to latitude 47[deg]35'55.85'' N, 
longitude 122[deg]20'45.5'' W; thence 270[deg]T to latitude 
47[deg]35'55.85'' N, longitude 122[deg]21'30'' W; thence 180[deg]T to 
latitude 47[deg]35'19.2'' N, longitude 122[deg]21'30'' W; thence east 
along the shoreline to the point of origin.
    (iv) Elliott Bay West General Anchorage. All waters inside the area 
beginning at latitude 47[deg]35'30'' N, longitude 122[deg]21'41'' W, 
thence 000[deg]T to latitude 47[deg]35'45.5'' N, longitude 
122[deg]21'41'' W; thence 336[deg]T to latitude 47[deg]35'55.85'' N, 
longitude 122[deg]21'48.5'' W; thence 270[deg]T to latitude 
47[deg]35'55.85'' N, longitude 122[deg]23'16.46'' W, thence 180[deg]T 
to Duwamish Head thence southeast following the shoreline to latitude 
47[deg]35'30'' N, longitude 122[deg]22'54.5'' W; thence 090[deg]T to 
the point of origin.
    (8) Yukon Harbor General Anchorage. All waters inside the area 
beginning at latitude 47[deg]33'54.66'' N, longitude

[[Page 9814]]

122[deg]31'54.68'' W; thence 106[deg]T to latitude 47[deg]33'23'' N, 
longitude 122[deg]29'05'' W; thence 180[deg]T to latitude 
47[deg]32'39.5'' N, longitude 122[deg]29'05'' W; thence south along the 
eastern shoreline of Blake Island to latitude 47[deg]31'48'' N, 
longitude 122[deg]29'21'' W; thence 250[deg]T to latitude 
47[deg]31'20.5'' N, longitude 122[deg]31'10'' W; thence west and north 
along the Kitsap Peninsula shoreline to the point of origin.
    (9) Cherry Point General Anchorage. The waters within a circular 
area with a radius of 1600 yards, having its center at latitude 
48[deg]48'29.39'' N, longitude 122[deg]46'04.66'' W.
    (10) Anacortes General Anchorages. (i) Anacortes East (ANE) 
Anchorage. The waters within a circular area with a radius of 600 
yards, having its center at 48[deg]31'27'' N., 122[deg]33'45'' W.
    (ii) Anacortes Center (ANC) Anchorage. The waters within a circular 
area with a radius of 600 yards, having its center at 48[deg]30'54'' N, 
122[deg]34'06'' W.
    (iii) Anacortes West (ANW) Anchorage. The waters within a circular 
area with a radius of 600 yards, having its center at 48[deg]31'09'' N, 
122[deg]34'55'' W.
    (11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48[deg]31'16'' N, 122[deg]36'00'' W, 
which is approximately the northeast tip of Cap Sante; then southeast 
to 48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to 
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap 
Sante; then north along the shoreline to the point of origin.
    (12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48[deg]31'19'' N, 122[deg]33'04'' W, 
near the west side of Hat Island; then southwest to 48[deg]30'37'' N, 
122[deg]33'38'' W; then east to 48[deg]30'37'' N, 122[deg]32'00'' W; 
then northwest to the point of origin.
    (13) Commencement Bay General Anchorage. A quadrilateral area 
bounded as follows: Beginning at latitude 47[deg]17'36.36'' N, 
longitude 122[deg]26'04.45'' W; thence due south to latitude 
47[deg]17'18.36'' N, longitude 122[deg]26'04.45'' W; thence due east to 
latitude 47[deg] 17'18.36'' N, longitude 122[deg]25'04.45'' W; thence 
due north to latitude 47[deg]17'32.36'' N, longitude 122[deg]25'04.45'' 
W; thence west northwest to the point of origin.
    (14) Non-anchorage area Port Angeles Harbor. Beginning at a point 
on the shore at latitude 48[deg]07'03.83'' N, longitude 
123[deg]24'20.67'' W; thence to latitude 48[deg]07'38.43'' N, longitude 
123[deg]24'04.67'' W; thence to latitude 48[deg]07'36.03'' N, longitude 
123[deg]23'50.67'' W; thence to a point on the shoreline at latitude 
48[deg]06'56.73'' N, longitude 123[deg]24'08.67'' W.
    (i) No vessel may anchor in this non-anchorage area at any time.
    (ii) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this non-anchorage area are prohibited.
    (iii) Vessels may transit this non-anchorage area, but must proceed 
by the most direct route and without unnecessary delay.

    Note to paragraph (a)(14): The city of Port Angeles will mark 
this area with signs on the shoreline visible (during normal 
daylight) 1 mile to seaward reading, ``Do not Anchor in This Area.''

* * * * *

    Dated: January 12, 2013.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-03121 Filed 2-11-13; 8:45 am]
BILLING CODE 9110-04-P