[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)] [Rules and Regulations] [Pages 40993-40994] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20018] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 110 [CGD07-96-017] RIN 2115-AA98 Anchorage Areas; Ashley River, Charleston, SC AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing two new anchorage areas in the Ashley River, Charleston, South Carolina. Due to pending construction of two 1000 ft piers at the George M. Lockwood Municipal Marina, in Charleston, the current anchorage in 33 CFR 110.72d will not be available for anchoring recreational vessels. The Municipal Marina has received a construction permit to build the piers from the U.S. Army Corps of Engineers. The new anchorages are replacing the one described in 33 CFR 110.72d. The new anchorages are across the Ashley River from the current anchorage and though not designated as Federal anchorages, they are already widely used by recreational vessels as overflow from the current anchorage. DATES: September 6, 1996. ADDRESSES: Requests for further information should be mailed to the Captain of the Port Charleston, Marine Safety Office Charleston, 196 Tradd Street, South Carolina 29401-1899. FOR FURTHER INFORMATION CONTACT: CWO4 R.M. Webber, Project Officer, Marine Safety Office Charleston, South Carolina, Tel: (803) 724-7690. SUPPLEMENTARY INFORMATION: Regulatory History On April 23, 1996, the Coast Guard published a notice of proposed rulemaking entitled ``Special Anchorage Areas; Ashley River, Charleston, SC'' (CGD07-96-017) in the Federal Register (61 FR 17861). The comment period ended June 24, 1996. The Coast Guard received 11 comments during the proposed rulemaking period. Eight letters of no objection and three letters in favor of the new anchorages were received. The letters of no objection verified that the anchorages would not impact the environment, historic sites, fisheries or navigation. A public hearing was not requested and one was not held. Discussion of Regulations The City Marina Company and the City of Charleston have received a U.S. Army Corps of Engineers permit to build two 1000 foot piers on the south side of the Municipal Marina. Those piers will cross an existing anchorage eliminating most of the anchorages within that area that have over six feet of water at mean low water. As the existing anchorage is extensively used by recreational vessels, the new anchorage areas will accommodate vessels that will be displaced when the new piers are built. There has been considerable public interest in establishing new anchorages to replace the existing anchorage since the marina plans were published in the local newspaper. The new anchorages are already being used by recreational vessels as overflow from the existing anchorage. To date, no problems have [[Page 40994]] arisen from recreational vessels anchoring in these areas. Ashley River Anchorage Number One is located on the waters lying within an area across the Ashley River Channel from the George M. Lockwood Municipal Marine bounded by the southwest side of the channel beginning at latitude 32 deg.46'43.7'' N, longitude 079 deg.57'19.3'' W; thence to latitude 32 deg.46'38.0'' N, longitude 079 deg.57'24.0'' W; thence to latitude 32 deg.46'32.0'' N, longitude 079 deg.57'15.5'' W; thence to latitude 32 deg.46'29.0'' N, longitude 079 deg.57'00.9'' W; thence back to the beginning following the southwest boundary of the Ashley River Channel. All coordinates referenced use datum: NAD 1983. Ashley River Anchorage Number Two is located on the waters lying within an area across the Ashley River Channel from the Ashley Marina bounded by the southwest side of the channel beginning at latitude 32 deg.46'53.0'' N, longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'50.5'' N, longitude 079 deg.57'40.5'' W; thence to latitude 32 deg.46'46.0'' N, longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'49.0'' N, longitude 079 deg.57'28.7'' W; thence back to the beginning following the southwest boundary of the Ashley River Channel. All coordinates referenced use datum: NAD 1983. These anchorage areas provide that vessels no more than sixty-five feet in length when anchored in the anchorage areas shall not be required to carry or exhibit the white anchor lights required by the Navigation Rules. Regulatory Evaluation This 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. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. These anchorage areas described in this notice are currently being used by recreational vessels as overflow from the existing anchorage. Since the impact of this is expected to be minimal, the Coast Guard certifies that it will not have a significant economic impact on a substantial number of small entities. Collection of Information This rule contains no collection-of-information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environmental Assessment The Coast Guard has considered the environmental impact of this rule and has determined pursuant to Section 2.B.2. of Commandant Instruction M16475.1B, that this action is categorically excluded from further environmental documentation. A Categorical Exclusion Determination and Environmental Analysis Checklist are available in the docket for inspection or copying at the same location listed in ADDRESSES. List of Subjects in 33 CFR Part 110 Anchorage grounds. Regulations In consideration of the foregoing, the Coast Guard amends Part 110 of Title 33, Code of Federal Regulations as follows: PART 110--[AMENDED] 1. The authority citation for Part 110 continues to read as follows: Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a are also issued under 33 U.S.C. 1223 and 1231. 2. Section 110.72d is revised to read as follows: Sec. 110.72d Ashley River anchorage areas, SC. The following locations are special anchorage areas: (a) Ashley River Anchorage 1. The waters lying within an area across the Ashley River Channel from the George M. Lockwood Municipal Marina bounded by the southwest side of the channel beginning at latitude 32 deg.46'43.7''N, longitude 079 deg.57'19.3''W; thence to latitude 32 deg.46'38.0''N, longitude 079 deg.57'24.0''W; thence to latitude 32 deg.46'32.0''N, longitude 079 deg.57'15.5''W; thence to latitude 32 deg.46'29.0''N, longitude 079 deg.57'00.9''W; thence back to the beginning following the southwest boundary of the Ashley River Channel. All coordinates referenced use datum: NAD 1983. (b) Ashley River Anchorage 2. The waters lying within an area across the Ashley River Channel from the Ashley Marina bounded by the southwest side of the channel beginning at latitude 32 deg.46'53.0''N, longitude 079 deg.57'34.5''W; thence to latitude 32 deg.46'50.5''N, longitude 079 deg.57'40.5''W; thence to latitude 32 deg.46'46.0''N, longitude 079 deg.57'34.5''W; thence to latitude 32 deg.46'49.0''N, longitude 079 deg.57'28.7''W; thence back to the beginning following the southwest boundary of the Ashley River Channel. All coordinates referenced use datum: NAD 1983. Dated: July 22, 1996. John W. Lockwood, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 96-20018 Filed 8-6-96; 8:45 am] BILLING CODE 4910-14-M