[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Proposed Rules]
[Page 12925-12928]
[DOCID:fr11mr08-24]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0006]
RIN 1625-AA01

Seventh Coast Guard District, Captain of the Port Zone
Jacksonville, Temporary Restricted Anchorage

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of three, multi-
purpose, temporary restricted anchorages with associated safety/
security zones to service vessels intending to call on the ports of
Jacksonville or Fernandina within the Captain of the Port Zone
Jacksonville as defined by 33 CFR 3.35-20. The temporary restricted
anchorages and safety/security zones identify clearly to all mariners
the pre-established area of the Captain of the Port Zone for geographic
separation and/or restriction of certain vessels that may pose a
safety, public health, environmental, or security threat to the port.
The proposed temporary restricted anchorages are necessary to protect
the public, port infrastructure, maritime environment, and viability of
the Marine Transportation System from hazards associated with safety,
public health, environmental, and security threats.

DATES: Comments and related material must reach the Coast Guard on or
before April 10, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0006 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand deliver: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Commander Austin Ives at Coast Guard Sector
Jacksonville Prevention Department, Florida. Contact telephone is (904)
564-7563. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0006), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0006) in the Docket ID box, and click
enter. You may also visit either the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New

Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or the Coast Guard
Sector Jacksonville Department, 4200 Ocean St., Atlantic Beach, FL
32233-2416, between 7:30 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
www.DocketsInfo.dot.gov.

Public Meeting

    We do not plan to hold a public meeting. You may submit a request
for a meeting by writing to Coast Guard Sector Jacksonville at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

Background and Purpose

    In 2003-2004, the Northeast and Eastern Central Florida, Area
Maritime Security Committee initiated a project to identify potential
temporary restricted anchorage areas to which the COTP could direct
vessels that presented safety, public health, environmental, or
security threats. The project aligned and broadened the on-going
efforts of the Consolidated City of Jacksonville/Duval County Security
and Emergency Preparedness Planning Council to develop contingency
plans for public health threats. The site selection process for
designating temporary restricted anchorages was delegated to the
Jacksonville Maritime Transportation Exchange, regional Harbor Safety
Committee (HSC). In determining the most efficient and effective
anchorage area(s), the HSC considered impacts to the public, the
environment, and maritime mobility. After detailed evaluation (site
selection criteria is explained under the ``Discussion of Proposed
Rule'' section), the committee proposed a set of temporary restricted
anchorages to serve the ports of Jacksonville and Fernandina. The
concept advocated three such areas (1) very near-shore, approximately
four nautical miles, to facilitate quick response by medical personnel
where disease and hazardous substance exposure is not a threat to the
shoreline, (2) a second area further off-shore, approximately seven
nautical miles, for disease and/or threats that could pose hazardous to
the general population, and (3) a final third anchorage just inside
territorial seas, approximately twelve nautical miles, for grave
threats that require substantial interagency planning and response.
    It is anticipated that the need to use these temporary restricted
anchorages will be rare. However, with clear pre-designation of the
anchorages and associated safety/security zones, mariners are both
informed of contingency plans and knowledgeable of requirements prior
to activation. In addition, Federal, State, and Local plans will be
able to clearly reference the establishment process and position of the
anchorages for better contingency strategy development.
    The COTP will determine on a case by case basis, depending on the
nature of the threat, whether a safety or security zone is necessary
for the activation of a temporary restricted anchorage.
    These temporary restricted anchorages and associated safety/
security zones are designed for the geographic separation and/or
restriction of vessels or persons on such vessels when such vessels or
persons pose or are suspected of posing a safety, public health,
environmental, or security threat. Threats may include, but are not
limited to, the spread of infectious disease or unauthorized
transportation of hazardous or illegal substances.
    The HSC recommended single-ship anchorages with an accompanying
limited access area. The target ship type for said anchorages is deep
draft ocean-going, ranging from large tug/barge combinations to larger
cargo carriers and cruise ships.

Discussion of Proposed Rule

    This proposed rule creates a set of three temporary restricted
anchorages off Amelia Island, FL within the COTP Zone Jacksonville, as
defined by 33 CFR 3.35-20. The proposed temporary restricted anchorages
will be activated on a case by case basis by the Captain of the Port
(COTP) and/or Federal Maritime Security Coordinator (FMSC) and will be
disestablished when the COTP and/or FMSC releases the vessel or person
on such vessel from temporary restriction.
    (1) Anchorage Locations: General location for the set of three
temporary restricted anchorage areas is four, seven, and twelve
nautical miles from the shoreline, due east off Amelia Island, Florida.
    (a) Anchorage A: When activated by the COTP/FMSC, Anchorage A will
have a 500 yard safety zone or security zone, as applicable, around the
point originating from approximate position 30-36N 81-21.8W.
    (b) Anchorage B: When activated by the COTP/FMSC, Anchorage B will
have a 500 yard safety or security zone, as applicable, around the
point originating from approximate position 30-36N 81-18.5W.
    (c) Anchorage C: When activated by the COTP/FMSC, Anchorage C will
have a 500 yard safety or security zone, as applicable, around the
point originating from approximate position 30-36N 81-13.5W.
    (2) Site Selection: Given the close proximity of the ports of
Jacksonville and Fernandina, their approach traffic lanes, and response
times for collective emergency services, it is recommended that one set
of anchorages be established to serve these two ports. Candidate
anchorages were chosen for their sufficient water depth, holding
ground, and proximity to de-facto approach lanes to the aforementioned
ports.
    (a) Other considerations.
    (i) Shoreline characteristics: The NE Florida/SE Georgia coastline
is primarily barrier island in nature. The proposed positioning for the
set of temporary restricted anchorages is off Amelia Island. Both north
and south ends of the island are State and County parks. To the north
are Cumberland, Jeckyl, and St. Simon's Island. To the south are Big
and Little Talbot Island. Given their size, civilian populations on the
islands are very small. Cumberland and Big and Little Talbot Islands
are Federal and State Parks with populations less than 50 persons
combined. All of the islands are linked to the mainland by one or two
bridges, except for Cumberland Island where access is only by water.
With this limited access, site control to and within these areas is
achievable.
    (ii) Winds: Winds are primarily from the NE in the winter and fall
and from the ESE/SE during the spring and summer months. The proposed
anchorage location was selected with these wind patterns in mind
because both Cumberland Island to the north and Little Talbot Island to
the south are parks with limited populations and limited access. They
would make good candidates for emergency response staging and/or
monitoring sites.
    (iii) Right Whales: Choosing one set of anchorage locations to
service three ports reduces the potential impact to Northern Right
Whale Critical Habitat and further mitigates ship-strike potential.

    (iv) Artificial Reefs: The off-shore environment of NE Florida and
SE Georgia are replete with artificial reefs. The proposed positioning
of the anchorages successfully avoids impinging upon artificial reef
areas with the closest reef being 2.5 NM north and seaward of the
outermost anchorage.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS) because zone activation will be
on a case by case basis only, for limited duration, at the discretion
of the COTP when such action is required to protect the public, port
infrastructure, and the environment.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit within an activated temporary
restricted anchorage. These anchorages will not have a significant
economic impact on a substantial number of small entities because zone
activation will be on a case by case basis only, for a limited
duration, at the discretion of the COTP when such action is required to
protect the public, port infrastructure, environment, and viability of
the Marine Transportation System. Additionally, vessel traffic could
pass safely around the temporary restricted anchorages.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If the 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
under FOR FURTHER INFORMATION CONTACT for assistance in understanding
and participating in this rulemaking. 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.

Collection of Information

    This proposed 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 proposed 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 or more in any
one year. Though this proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule will not affect 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 proposed 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 proposed 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 safety that may
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.1D which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(f), of the
Instruction, from further environmental documentation.
    A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether this
rule should be categorically excluded from further environmental
review.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Words of Issuance and Proposed Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.

    2. Add Sec.  110.184 to read as follows:

Sec.  110.184  Seventh Coast Guard District, Captain of the Port Zone
Jacksonville, Temporary Restricted Anchorage.

    (a) Applicability. This section applies to all vessels regardless
of tonnage or service and all persons on such vessels subject to COTP
authority within the COTP Zone Jacksonville as defined by 33 CFR 3.35-
20.
    (b) Temporary Restricted Anchorage Zones: The following three
temporary restricted anchorage areas are established off Amelia Island,
FL within the COTP Zone Jacksonville, as defined by 33 CFR 3.35-20.
Each anchorage area has an accompanying 500 yard safety/security zone,
as applicable, emanating from its center point described in the
following section:
    (1) Anchorage A: Originates approximately four nautical miles off
Amelia Island, Florida in position 30-36N 81-21.8W.
    (2) Anchorage B: Originates approximately seven nautical miles off
Amelia Island, Florida in position 30-36N 81-18.5W.
    (3) Anchorage C: Originates approximately twelve nautical miles off
Amelia Island, Florida in position 30-36N 81-13.5W.
    (c) Definitions. The following definition applies to this section:
    (1) Temporary Restricted Anchorage refers to off-shore areas
designated for the geographic separation and/or restriction of vessels
or persons on such vessels posing or are suspected of posing a safety,
public health, environmental, or security threat.
    (2) Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard assets, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the temporary restricted
anchorage area.
    (d) Anchorage Requirements. Vessels directed to a temporary
anchorage shall:
    (1) If equipped with an Automatic Identification System (AIS),
maintain it in the ``on'' position.
    (2) Maintain a 24-hour bridge watch by an English-speaking,
licensed deck officer monitoring VHF-FM Channel 16. This individual
shall perform frequent checks of the vessel's position to ensure the
vessel is not dragging anchor.
    (e) Safety/Security Zone requirements.
    (1) Only the specified vessel may occupy the temporary restricted
anchorage area. In accordance with the general regulations in Sec.
165.23 and Sec.  165.33 of this part, no person or vessel may anchor,
moor, or transit the Regulated Area without permission of the Captain
of the Port Jacksonville, Florida, or a designated representative.
    (2) The Coast Guard will issue a broadcast notice to mariners to
advise mariners of the temporary restricted anchorage activation.
    (f) Captain of the Port Contact Information. If you have questions
about the conditions under which the COTP may direct a vessel to
temporary restricted anchorage, location of the temporary restricted
anchorage areas, the requirements once a vessel is directed to
temporary restricted anchorage, or other matters dealing with this
regulation, please contact the Sector Jacksonville Command Center at
(904) 564-7513.

    Dated: February 12, 2008.
W.D. Lee,
Captain, U.S. Coast Guard, Commander, Coast Guard Seventh District
(Acting).
[FR Doc. E8-4757 Filed 3-10-08; 8:45 am]

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