Anchorage Grounds; Delaware Bay and Atlantic Ocean, Delaware

Published date29 November 2019
Citation84 FR 65727
Record Number2019-25854
SectionProposed rules
CourtCoast Guard,Homeland Security Department
Federal Register, Volume 84 Issue 230 (Friday, November 29, 2019)
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
                [Proposed Rules]
                [Pages 65727-65728]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-25854]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 110
                [Docket Number USCG-2019-0822]
                Anchorage Grounds; Delaware Bay and Atlantic Ocean, Delaware
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of inquiry; request for comments.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is considering amending its regulations to
                establish new anchorage grounds in the Delaware Bay and Atlantic Ocean.
                We are considering this action after receiving requests suggesting
                additional anchorage grounds are necessary to accommodate current and
                future vessel traffic, improve navigation safety, and because
                traditional anchorage areas may not be available due to planned or
                potential offshore wind energy development. We invite your comments on
                whether we should initiate a rulemaking to amend our existing anchorage
                regulations based on this, or if the status quo should be maintained or
                other actions considered.
                DATES: Your comments and related material must reach the Coast Guard on
                or before January 28, 2020.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2019-0822 using the Federal portal at https://www.regulations.gov. See
                the ``Public Participation and Request for Comments'' portion of the
                SUPPLEMENTARY INFORMATION section for further instructions on
                submitting comments.
                FOR FURTHER INFORMATION CONTACT: If you have questions about this
                notice of inquiry, call or email Marine Science Technician Second Class
                (MST2) Thomas Welker, Sector Delaware Bay, U.S. Coast Guard; telephone
                (215) 271-4814, email [email protected]; or Mr. Jerry Barnes,
                Fifth Coast Guard District (dpw), U.S. Coast Guard; telephone (757)
                398-6230, email [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                ACPARS Atlantic Coast Port Access Study
                BOEM Bureau of Ocean Energy Management
                CFR Code of Federal Regulations
                FR Federal Register
                OCS Outer Continental Shelf
                WGS84 World Geodetic System 1984
                II. Background and Purpose
                 The Coast Guard is considering amending its regulations to
                establish new anchorage grounds in the Delaware Bay and Atlantic Ocean.
                Our authority to establish anchorage grounds comes from 33 U.S.C. 471.
                 The Delaware Bay and River supports a diverse marine transportation
                system which includes the ports of Wilmington, DE; New Castle, DE;
                Philadelphia, PA; Camden-Gloucester City, NJ; and serves as an entry
                point for vessels bound for the port of Baltimore, MD, through the
                Chesapeake and Delaware Canal. Global trends in shipping indicate
                carriers continue to invest in larger vessels and these vessels are
                arriving at Delaware River ports. A river deepening project is nearing
                completion that will increase the Federal project depth from 40 to 45
                feet from Philadelphia, PA, and Camden, NJ, to the mouth of the
                Delaware Bay. Large vessels bound for Delaware River ports often wait
                offshore at anchor in unregulated areas between the Eastern Directed
                Traffic area and Southeastern Directed Traffic Area, or in various
                places along the dredged channel through the lower bay. Vessels anchor
                for a broad range of purposes including taking on stores, transferring
                of personnel, engaging in bunkering operations, or lightering.
                Designated anchorage grounds are available and regulations covering the
                use of these anchorages are set out in 33 CFR 110.157. These anchorage
                regulations were last revised in November 2016 to eliminate unusable
                anchorage grounds and provide additional usable grounds to support port
                demands and enhance navigation safety. See Final Rule published in the
                Federal Register on November 25, 2016 (81 FR 85157).
                 In 2016, the Coast Guard published a notice of its Atlantic Coast
                Port Access Route Study (ACPARS) (81 FR 13307, March 14, 2016) that
                analyzed the Atlantic Coast waters seaward of existing port approaches
                within the U.S. Exclusive Economic Zone and announced the report as
                final in 2017 (82 FR 16510, April 5, 2017). This multiyear study began
                in 2011, included public participation, and identified the navigation
                routes customarily followed by ships engaged in commerce between
                international and domestic U.S. ports. See https://navcen.uscg.gov/?pageName=PARSReports. During the study, the Coast Guard received
                comments from interested stakeholders addressing cumulative impacts of
                wind energy areas and potential conflicts with traditional navigation
                routes and uses of the waters. As wind energy areas are developed and
                distribution cables installed, vessel traffic may be displaced or
                funneled into smaller areas, and available anchorage areas may be
                decreased. This increased vessel density may cause the mixing of vessel
                types and speeds while also changing the geometry of interactions as
                vessels come within close range of each other. These changes may
                increase the risk of collision, loss of property, loss of life, and
                environmental damage. In the vicinity of the entrance to the Delaware
                Bay and River, the Coast Guard received requests from a Federal pilot
                and the Mariners' Advisory Committee for the Delaware Bay and River to
                establish two new regulated anchorages in the Atlantic Ocean as
                potential wind energy leases would remove traditional unregulated
                anchorage areas from use.
                 In 2018, the Coast Guard held meetings with maritime stakeholders
                to discuss global shipping trends, wind energy areas and potential
                conflicts with traditional uses of the waters in the vicinity of the
                entrance to the Delaware Bay and River. Attendance included the Pilots'
                Association for the Bay and River Delaware, the Mariners' Advisory
                Committee for the Bay and River
                [[Page 65728]]
                Delaware, Interport Pilots Association, and port and terminal
                representatives. These meetings provided valued insight toward the need
                for additional anchorage grounds to accommodate current and future
                vessel traffic, improve navigation safety, and facilitate continued
                growth of Delaware River ports and associated economic activity.
                 Potential anchorage grounds discussed included the two anchorage
                areas requested during the ACPARS study as well as a third in the lower
                bay. Following the naming convention in 33 CFR 110.157, these
                anchorages were notionally referred to as Anchorage B--Breakwater,
                Anchorage C--Cape Henlopen, and Anchorage D--Indian River.
                 Anchorage B--Breakwater is notionally located in the Delaware Bay
                beginning approximately 2.5 miles north of Cape Henlopen, DE, includes
                areas traditionally used by vessels for anchoring, and is in naturally
                deep water with charted depths between 50 and 77 feet. The anchorage
                grounds as contemplated include the waters bounded by a line connecting
                the following points:
                ------------------------------------------------------------------------
                 Latitude Longitude
                ------------------------------------------------------------------------
                38[deg]52'44.43'' N 75[deg]06'43.93'' W
                38[deg]52'06.27'' N 75[deg]05'46.69'' W
                38[deg]51'19.83'' N 75[deg]5'42.73'' W
                38[deg]50'45.99'' N 75[deg]06'15.49'' W
                38[deg]52'44.43'' N 75[deg]08'40.57'' W
                ------------------------------------------------------------------------
                (DATUM: WGS84)
                 Anchorage C--Cape Henlopen is notionally located in the Atlantic
                Ocean approximately 9.4 miles east of the Delaware coast and is in
                naturally deep water with charted depths between 41 and 85 feet. The
                anchorage ground includes areas anticipated to be used by vessels for
                anchoring once offshore wind energy areas are developed. The anchorage
                grounds as contemplated include the waters bounded by a line connecting
                the following points:
                ------------------------------------------------------------------------
                 Latitude Longitude
                ------------------------------------------------------------------------
                38[deg]40'54.03'' N 74[deg]52'00.01'' W
                38[deg]40'56.11'' N 74[deg]48'51.35'' W
                38[deg]37'36.03'' N 74[deg]48'30.01'' W
                ------------------------------------------------------------------------
                (DATUM: WGS84)
                 Anchorage D--Indian River is notionally located in the Atlantic
                Ocean beginning approximately 6 miles east of the Delaware coast,
                includes areas traditionally used by vessels for anchoring, and is in
                naturally deep water with charted depths between 40 and 85 feet. The
                frequency of vessels using the anchorage grounds is anticipated to
                increase once offshore wind energy areas are developed. These anchorage
                grounds as contemplated include the waters bounded by a line connecting
                the following points:
                ------------------------------------------------------------------------
                 Latitude Longitude
                ------------------------------------------------------------------------
                38[deg]34'56.28'' N 74[deg]52'19.13'' W
                38[deg]33'40.94'' N 74[deg]54'41.51'' W
                38[deg]31'31.11'' N 74[deg]55'27.97'' W
                38[deg]29'07.38'' N 74[deg]53'29.26'' W
                38[deg]28'56.90'' N 74[deg]50'28.70'' W
                38[deg]30'07.40'' N 74[deg]48'08.39'' W
                ------------------------------------------------------------------------
                (DATUM: WGS84)
                 We are considering amending our regulations to establish these
                three notional anchorages. You may find illustrations of these notional
                anchorages in the docket where indicated under ADDRESSES. Additionally,
                the notional anchorages are available for viewing on the Mid-Atlantic
                Ocean Data Portal at http://portal.midatlanticocean.org/visualize/. See
                the ``Maritime'' portion of the Data Layers section.
                III. Information Requested
                 We seek your comments on whether we should consider a proposed
                rulemaking to establish additional regulated anchorage grounds in the
                Delaware Bay and Atlantic Ocean. In particular, the Coast Guard
                requests your input to determine to what extent the notional
                anchorages, Anchorage B--Breakwater, Anchorage C--Cape Henlopen, and
                Anchorage D--Indian River would accommodate current and future vessel
                traffic, improve navigation safety, and facilitate continued growth of
                Delaware River ports, offshore renewable energy and associated economic
                activity; or if the status quo should be maintained, or other actions
                should be considered.
                IV. Public Participation and Request for Comments
                 We encourage you to submit comments through the Federal portal at
                https://www.regulations.gov. If your material cannot be submitted using
                https://www.regulations.gov, contact the person in the FOR FURTHER
                INFORMATION CONTACT section of this document for alternate
                instructions. In your submission, please include the docket number for
                this notice of inquiry and provide a reason for each suggestion or
                recommendation.
                 We accept anonymous comments. All comments received will be posted
                without change to https://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and
                submissions in response to this document, see DHS's Correspondence
                System of Records notice (84 FR 48645, September 26, 2018).
                 Documents mentioned in this notice of inquiry as being available in
                the docket, and all public comments, will be in our online docket at
                https://www.regulations.gov and can be viewed by following that
                website's instructions.
                 Dated: November 22, 2019.
                Keith M. Smith,
                Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
                [FR Doc. 2019-25854 Filed 11-27-19; 8:45 am]
                BILLING CODE 9110-04-P
                

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