Rule2022-10356
Anchorage Regulations; Ten Anchorages on the Mississippi River Mile Markers 12-85 AHP
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
May 16, 2022
Effective
June 15, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending anchorage regulations for the Lower Mississippi River (LMR) between mile marker (MM) 12 above head of passes (AHP), to MM 85 AHP. This amendment modifies nine anchorage grounds and establishes one new anchorage ground. This regulation increases the available anchorage areas necessary to accommodate vessel traffic, promote navigational safety, provide for the overall safe and efficient flow of vessel traffic and commerce, and bolster the economy through increased anchorage capacity.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 94 (Monday, May 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Rules and Regulations]
[Pages 29668-29671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10356]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2020-0154]
RIN 1625-AA01
Anchorage Regulations; Ten Anchorages on the Mississippi River
Mile Markers 12-85 AHP
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending anchorage regulations for the
Lower Mississippi River (LMR) between mile marker (MM) 12 above head of
passes (AHP), to MM 85 AHP. This amendment modifies nine anchorage
grounds and establishes one new anchorage ground. This regulation
increases the available anchorage areas necessary to accommodate vessel
traffic, promote navigational safety, provide for the overall safe and
efficient flow of vessel traffic and commerce, and bolster the economy
through increased anchorage capacity.
DATES: This rule is effective June 15, 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-
2020-0154 in the search box and click
[[Page 29669]]
``Search.'' Next, in the Document Type column, select ``Supporting &
Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander William Stewart, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2246, email
<a href="/cdn-cgi/l/email-protection#94c3fdf8f8fdf5f9bad5bac7e0f1e3f5e6e0d4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="c99ea0a5a5a0a8a4e788e79abdacbea8bbbd89bcbaaaaee7a4a0a5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
CPRA Coastal Protection and Restoration Authority
CRPPA Crescent River Port Pilots' Association
DHS Department of Homeland Security
FR Federal Register
LDB Left Descending Bank
LMR Lower Mississippi River
MM Mile Marker
MNSA Maritime Navigation Safety Association
NOI Notice of Inquiry
NPRM Notice of proposed rulemaking
RDB Right Descending Bank
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The legal basis and authorities for this rulemaking are found in 46
U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1, and DHS Delegation No.
0170.1, Revision No. 01.2, which collectively authorize the Coast Guard
to propose, establish, and define regulatory anchorage grounds. Under
title 33 of the Code of Federal Regulations (CFR) part 109, Sec.
109.05, U.S. Coast Guard District Commanders are delegated the
authority to establish anchorage grounds by the Commandant of the U.S.
Coast Guard. The Coast Guard established Anchorage Grounds under 33 CFR
110.1(b)(32 FR 17728, Dec. 12, 1967, as amended by 52 FR 33811, Sept.
8, 1987; 63 FR 5526, June 30, 1998).
The project to modify or establish ten anchorage grounds along the
LMR was initiated in 2019. From 2019 through 2022, certain port
stakeholders, (including Crescent River Port Pilots' Association
(CRPPA), Maritime Navigation Safety Association (MNSA), Coastal
Protection and Restoration Authority (CPRA) and United States Coast
Guard (USCG)) worked to determine if the proposed modifications were
necessary and in suitable locations, with consideration given to, among
other things, environmental factors.
In 2021, a notice of proposed rulemaking (NPRM) was published on
August 29, 2021 (86 FR 48354), the Coast Guard solicited comments from
the maritime stakeholders. At the end of the comment period ending on
September 29, 2021, the project received a total of one comment that
recommended adding a Note identifying revetments into the text of each
of the applicable proposed changes to anchorage grounds.
III. Legal Authority and Need for Rule
The legal basis and authorities for this rulemaking are found in 46
U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1, and DHS Delegation No.
0170.1, Revision No. 01.2, which collectively authorize the Coast Guard
to propose, establish, and define regulatory anchorage grounds. Under
Title 33 of the Code of Federal Regulation (CFR) part 109.05, U.S.
Coast Guard District Commanders are delegated the authority to
establish anchorage grounds by the Commandant of the U.S. Coast Guard.
The Coast Guard established Anchorage Grounds under title 33 CFR
110.1(b)(32 FR 17728, Dec. 12, 1967, as amended by 52 FR 33811, Sept.
8, 1987; 63 FR 5526, June 30, 1998).
The Commander of Coast Guard District Eight is establishing one new
anchorage ground and amending nine existing anchorage grounds along the
LMR, ranging from MM 12 to MM 85 AHP. Currently, there are not adequate
anchorage grounds along the river system to facilitate the safe
anchorage of shallow and deep draft vessels along the LMR. This action
would ensure safe navigation of vessels on LMR.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on the NPRM published on
August 29, 2021. This comment proposed to include additional text to 6
of the anchorage grounds that would identify revetments located within
or adjacent to those specific anchorage grounds. The Coast Guard agrees
that, since the NPRM proposed to include notes to Cedar Grove and Lower
12 Mile, which identify revetments located within/adjacent to those
specific anchorage grounds, the proposed changes to the anchorage
grounds would be beneficial.
The changes in the regulatory text of this rule from the rule in
the NPRM are discussed below. The specific anchorage boundaries are
described in detail in the regulatory text at the end of the document.
In general, this rule will have the following effects:
1. Increase the length of the Boothville Anchorage from 5.5
miles to 6.45 miles and add a note to the text of the Boothville
Anchorage (33 CFR 110.195(a)(4)).
2. Increase the length of the Magnolia Anchorage from 2.1 miles
to 2.2 miles and add a note to the text of the Magnolia Anchorage
(33 CFR 110.195(a)(7)).
3. Increase the length of the Davant Anchorage from 1.1 miles to
1.4 miles (33 CFR 110.195(a)(9)).
4. Decrease the width of the Wills Point Anchorage from 600 feet
to 500 feet (33 CFR 110.195(a)(11)).
5. Add a note to the text of the Cedar Grove Anchorage (33 CFR
110.195(a)(12)).
6. Increase the length of the Belle Chasse Anchorage from 2.1
miles to 2.15 miles, decrease the width from 575 feet to 500 feet
and add a note to the text of the Belle Chasse Anchorage ((33 CFR
110.195(a)(13)).
7. Add a Note to the text of the Lower 12 Mile Point Anchorage
(33 CFR 110.195(a)(14)).
8. Increase the length of the Lower 9 Mile Point Anchorage from
2.3 miles to 2.4 miles add a note to the text of the Lower 9 Mile
Anchorage (33 CFR 110.195(a)(15)).
9. Increase the length of the Point Michel Anchorage from 1.4
miles to 2.2 miles and add a note to the text of the Point Michel
Anchorage (33 CFR 110.195(a)(35)).
10. Add a new anchorage, the Phoenix Anchorage, to include the
area, 0.6 miles in length, along the left descending bank of the
river extending from mile 57.82 to mile 58.42 Above Head of Passes.
The width of the anchorage is 400 feet. The inner boundary of the
anchorage is a line parallel to the nearest bank 400 feet from the
water's edge into the river as measured from the LWRP. The outer
boundary of the anchorage is a line parallel to the nearest bank 800
feet from the water's edge into the river as measured from the LWRP.
Add a note to the text of the Phoenix Anchorage.
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 minimal impact to
routine navigation. The anchorage areas do not restrict traffic as they
are located well outside the established navigation channel. Vessels
maneuver in, around and through the anchorages.
[[Page 29670]]
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 received no 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.
While some owners or operators of vessels intending to transit the
anchorage grounds may be small entities, for the reasons stated in
section V.A. above, this rule would not have a significant economic
impact on any vessel owner or operator.
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 $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 the
establishment of one new anchorage grounds and the modification of nine
existing anchorage grounds along the LMR. It is categorically excluded
from further review under paragraph Land L59 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 Regulations.
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 2071, 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1, Revision
No. 01.2
0
2. Amend Sec. 110.195 by:
0
a. Revising paragraphs (a)(4), (7), (9), and (11) through (15);
0
b. Revising the headings for the notes following pargraphs (a)(16),
(18), and (22);
0
c. Revising paragraph (a)(35);
0
d. Adding paragraph (a)(37); and
0
e. Revising the heading for the note following paragraph (c)(6).
The revisions and addition to read as follows:
Sec. 110.195 Mississippi River below Baton Rouge, LA, including
South and Southwest Passes.
(a) * * *
(4) Boothville Anchorage. An area, 6.45 miles in length, along the
right descending bank of the river extending from mile 12.05 to mile
18.5 Above Head of Passes. The width of the anchorage is 750 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
250 feet from the water's edge into the river as measured from the Low
Water Reference Plane (LWRP). The outer boundary of the anchorage is a
line parallel to the nearest bank 1,000 feet from the water's edge into
the river as measured from the LWRP.
Note 1 to paragraph (a)(4): Venice Revetment extends/runs
adjacent to this anchorage. Mariners are urged to use caution in
this anchorage.
* * * * *
(7) Magnolia Anchorage. An area, 2.2 miles in length, along the
right descending bank of the river extending from mile 45.4 to mile
47.6 Above Head of Passes. The width of the anchorage is 700 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet from the water's
[[Page 29671]]
edge into the river as measured from the LWRP. The outer boundary of
the anchorage is a line parallel to the nearest bank 1,100 feet from
the water's edge into the river as measured from the LWRP.
Note 2 to paragraph (a)(7): Point Michel and Diamond Revetments
extend/run adjacent to this anchorage. Mariners are urged to use
caution in this anchorage.
* * * * *
(9) Davant Anchorage. An area, 1.4 miles in length, along the left
descending bank of the river extending from mile 52.5 to mile 53.9
Above Head of Passes. The width of the anchorage is 800 feet.
* * * * *
(11) Wills Point Anchorage. An area, 1.1 miles in length, along the
left descending bank of the river extending from mile 66.5 to mile 67.6
Above Head of Passes. The width of the anchorage is 500 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 200
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 700 feet from the water's edge into the river as measured from the
LWRP.
(12) Cedar Grove Anchorage. An area, 1.34 miles in length, along
the right descending bank of the river extending from mile 69.56 to
mile 70.9 Above Head of Passes. The width of the anchorage is 500 feet.
The inner boundary of the anchorage is a line parallel to the nearest
bank 200 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 700 feet from the water's edge into the river as measured
from the LWRP.
Note 3 to paragraph (a)(12): Jesuit Bend Revetment extends/runs
adjacent to the lower portion of this anchorage. Mariners are urged
to use caution in this anchorage.
(13) Belle Chasse Anchorage. An area, 2.15 miles in length, along
the right descending bank of the river extending from mile 73.05 to
mile 75.2 Above Head of Passes. The width of the anchorage is 500 feet.
The inner boundary of the anchorage is a line parallel to the nearest
bank 375 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 875 feet from the water's edge into the river as measured
from the LWRP.
Note 4 to paragraph (a)(13): Oak Point Revetment extends/runs
adjacent to the lower portion of this anchorage. Mariners are urged
to use caution in this anchorage.
(14) Lower 12 Mile Point Anchorage. An area, 2.2 miles in length,
along the right descending bank of the river extending from mile 78.6
to mile 80.8 Above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 300 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 800 feet from the water's edge into the river as
measured from the LWRP.
Note 5 to paragraph (a)(14): English Turn Revetment extends/runs
adjacent to the lower portion of this anchorage. Mariners are urged
to use caution in this anchorage.
(15) Lower 9 Mile Anchorage. An area, 2.4 miles in length, along
the right descending bank of the river extending from mile 82.6 to mile
85.0 Above Head of Passes. The width of the anchorage is 500 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
300 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 800 feet from the water's edge into the river as measured
from the LWRP.
Note 6 to paragraph (a)(15): Twelve Mile Point Revetment
extends/runs adjacent to the lower portion of this anchorage.
Mariners are urged to use caution in this anchorage.
Caution: A wreck is located within the boundaries of this
anchorage. Mariners are urged to use caution in this anchorage.
* * * * *
Note 7 to paragraph (a)(16): * * *
* * * * *
Note 8 to paragraph (a)(18): * * *
* * * * *
Note 9 to paragraph (a)(22): * * *
* * * * *
(35) Point Michel Anchorage. An area, 2.2 miles in length, along
the right descending bank of the river extending from mile 40.0 to mile
42.2 Above Head of Passes. The width of the anchorage is 500 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
325 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 825 feet from the water's edge into the river as measured
from the LWRP.
Note 10 to paragraph (a)(35): Point Michel Revetment extends/
runs adjacent to this anchorage. Mariners are urged to use caution
in this anchorage.
* * * * *
(37) Phoenix Anchorage. An area, 0.6 miles in length, along the
left descending bank of the river extending from mile 57.82 to mile
58.42 Above Head of Passes. The width of the anchorage is 400 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 800 feet from the water's edge into the river as measured
from the LWRP.
Note 11 to paragraph (a)(37): Myrtle Grove Revetment extends/
runs adjacent to this anchorage. Mariners are urged to use caution
in this anchorage.
* * * * *
(c) * * *
(6) * * *
Note 12 to paragraph (c)(6): * * *
* * * * *
Dated: 2 May 2022.
John W. Reed,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2022-10356 Filed 5-13-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 16, 2022.
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.