[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31675-31676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09401]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2014-0991]
RIN 1625-AA01
Anchorage Grounds; Lower Mississippi River Below Baton Rouge, LA,
Including South and Southwest Passes; New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting a 2017 interim rule involving four
anchorage grounds on the Lower Mississippi River below Baton Rouge as a
final rule. The interim rule established two anchorage grounds and
revised two others which increased the available anchorage grounds
necessary to accommodate vessel traffic. After considering comments on
that rule we have decided to adopt it as final without change which now
completes this rulemaking.
DATES: This rule is effective June 26, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2014-0991 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard; telephone 504-365-2375, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ANPRM Advance noticed of proposed rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Coast Guard Sector New Orleans received a request from the Crescent
River Pilots Association and the New Orleans Baton Rouge Rivers Pilots
Association to establish new anchorages and to amend existing
anchorages. In response, on April 3, 2015, the Coast Guard published an
advance notice of proposed rulemaking (ANPRM) titled ``Anchorage
Grounds: Lower Mississippi River below Baton Rouge, LA, including South
and Southwest Passes; New Orleans, LA'' (80 FR 18175). There we stated
why we issued the ANPRM, and invited comments on potential regulatory
action related to this anchorage grounds rule. During the comment
period that ended June 2, 2015, we received three comments on the
ANPRM.
After reviewing the received comments on the ANPRM, the Coast Guard
moved forward with establishing the anchorages by publishing an interim
rule on June 14, 2017 (82 FR 27112). That interim rule solicited new
comments as well as established the anchorages on an interim basis to
allow for observance of functional suitability over a period of time.
During the comment period that ended October 12, 2017, no new comments
were received. This final rule is completing this rulemaking by
adopting the interim rule as final.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
471 that has been delegated from the Secretary of Homeland Security to
the Coast Guard. We have determined that the maritime or commercial
interests of the United States require such anchorage grounds for safe
navigation in the Lower Mississippi River.
[[Page 31676]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on the interim rule
published June 14, 2017. Therefore, the Coast Guard intends to move
forward and is adopting the interim rule as final without any changes.
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.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on these anchorages
being in effect from June 14, 2017, through an interim rule with no
negative comments received since. In addition, these anchorages are on
the side of the river and easily navigated around by all marine
traffic.
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 0 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.
This rule does not have a significant impact on a substantial
number of small entities. The rule adopts a previously implemented
interim rule amending two existing anchorages and creating two new
anchorages. These anchorages are in the Federal Channel, a safe
distance from shore, off revetment, in safe water, and do conflict with
any other permit or impede safe navigation.
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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 completes a
rulemaking that involves the revision of two anchorage grounds and the
establishment of two anchorage grounds. It is categorically excluded
from further review under paragraph L59(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
PART 110--ANCHORAGE REGULATIONS
0
For the reasons discussed in the preamble, under authority of 33 U.S.C.
471; 33 CFR 1.05-1; and Department of Homeland Security Delegation No.
0170.1, the interim rule amending 33 CFR part 110 that was published at
82 FR 27112 on June 14, 2017, is adopted as a final rule without
change.
Dated: April 27, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09401 Filed 5-26-20; 8:45 am]
BILLING CODE 9110-04-P