[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Proposed Rules]
[Pages 56964-56968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27868]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 110

[CGD08-95-019]
RIN 2115-AA98


Anchorage Grounds, Mississippi River Below Baton Rouge, LA., 
Including South and Southwest Passes

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to revise the anchorage 
regulations for the Mississippi River below Baton Rouge, La., including 
South and Southwest Passes in order to expand seven anchorages and 
establish four new anchorages in response to revetment work along the 
banks of the Mississippi River by the Army Corps of Engineers which has 
reduced the available space within existing anchorages.

DATES: Comments must be received by January 12, 1996.

ADDRESSES: Comments should be mailed to: Commander (oan), Eighth Coast 
Guard District, 501 Magazine Street, New Orleans, LA 70130-3396. The 
comments and other material related to this notice will be available 
for inspection and copying in Room 1211 at the above address. Normal 
office hours are between 7 a.m. and 3:30 p.m., Monday through Friday, 
except holidays. Comments may also be hand-delivered to this address.


[[Page 56965]]

FOR FURTHER INFORMATION CONTACT: Mr. M. M. Ledet, Project Officer, 
Commander (oan), Eighth Coast Guard District, 501 Magazine Street, New 
Orleans, LA 70130-3396. Telephone (504) 589-4686.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this rulemaking by submitting written views, data or 
arguments. Persons submitting comments should include their names and 
addresses, identify this notice, [CGD08-95-019], the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Receipt of comments will be acknowledged if a stamped 
self-addressed postcard or envelope is enclosed.
    The regulations may be changed in light of comments received. All 
comments received before the expiration of the comment period will be 
considered before the final action is taken on this proposal. No public 
hearing is planned, but one may be held if written requests for a 
hearing are received and it is determined that the opportunity to make 
oral presentations will aid the rulemaking process.

    Drafting Information.  The drafters of this regulation are Mr. 
M. M. Ledet, Project Officer, Eighth Coast Guard District Aids to 
Navigation Branch, and LCDR C.D. Michel, Project Attorney, Eighth 
Coast Guard District Legal Office.

Discussion of Regulation

    The Army Corps of Engineers conducts revetment work along the banks 
of the Mississippi River to protect against erosion and caving. The 
work is essential to preserve the levee system. Current articulated 
concrete mattress revetment is used in a number of designated 
anchorages serving the Lower Mississippi River below Baton Rouge, LA. 
Federal regulations prohibit vessels from anchoring over this 
revetment. Because usable space in these designated anchorages was 
reduced due to the placement of this revetment, members of the maritime 
community have expressed concerns regarding the devastating impact on 
the amount of available space within the designated anchorages. To 
alleviate these concerns, and provide for safe and efficient use of the 
waterway, the Coast Guard is proposing the expansion of certain 
anchorages where practical and the establishment of new anchorage 
ground where available.
    The lower limit of Ostrica Anchorage will be moved down to mile 
23.0 providing an additional 0.5 mile of anchorage ground. The Davant 
Anchorage lower limit will be moved down to mile 52.8 providing an 
additional 0.7 mile of anchorage ground. The lower limit of New Orleans 
General Anchorage will be moved to mile 90.1 to accommodate the 
establishment of the New Orleans Emergency Anchorage. The lower limit 
of Lower Kenner Bend Anchorage will be moved down to mile 113.3 adding 
an additional 0.5 mile to this anchorage. The upper limit of lower 
Grandview Reach Anchorage will be moved to mile 147.2 adding 0.1 mile 
to this anchorage. The lower limit of Upper Grandview Reach Anchorage 
will be moved down to mile 147.5 adding 0.2 of a mile to this 
anchorage. The Lower Sunshine and Upper Sunshine Anchorage will be 
combined to form one anchorage with limits of mile 165.0 to mile 167.0. 
The pipeline at mile 166.1 has been removed allowing for the addition 
of 0.3 of a mile.
    Four new anchorages will be established, the Point Celeste 
Anchorage will extend from mile 49.8 to mile 52.0 with a width of 800 
feet along the right descending bank, New Orleans Emergency anchorage 
will be established from mile 89.6 to mile 90.1 extending 800 feet 
along the right descending bank, the Geismar Anchorage from mile 184.0 
to mile 185.0 with a width of 700 feet along the right descending bank 
and the White Castle Anchorage from mile 190.6 to mile 191.3 with a 
width of 700 feet along the right descending bank. The establishment of 
these four anchorages will provide an additional 4.4 mile of safe 
anchorage for deep draft vessels on the Lower Mississippi river.

Regulatory Evaluation

    This rule is not 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 not been reviewed 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. The regulation will in fact have a positive impact on 
steamship companies and shipping support activities. The regulation 
will also enhance safe navigation on the Lower Mississippi River by 
providing additional safe anchorage space outside the navigation 
channel for large vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). For the reasons specified in the 
Regulatory Evaluation section of this rule, the Coast Guard has 
determined that this rule will have minimal, if not a positive, impact 
on non-participating small entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b), that this regulation will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This action contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposed rule does not raise sufficient federalism concerns 
to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    This proposed rule has been thoroughly reviewed by the Coast Guard. 
It has been determined not to have a significant effect on the human 
environment or environmental conditions and to be categorically 
excluded from further environmental documentation in accordance with 
section 2.B.2.c. of Commandant Instruction M16475.1B. The Coast Guard 
welcomes comments on potential environmental impacts of this proposal.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Regulations

    For the reasons set forth in the preamble, the Coast Guard proposes 
to amend Part 110 of Title 33, Code of Federal Regulations as follows:

PART 110--ANCHORAGE REGULATIONS

    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). 

[[Page 56966]]
Section 110.1a and each section listed in 110.1a are also issued under 
33 U.S.C. 1223 and 1231.

    2. Section 110.195 is revised to read as follows:


Sec. 110.195  Mississippi River Below Baton Rouge, LA., including South 
and Southwest Passes.

    (a) The anchorage grounds. Unless otherwise specified, all 
anchorage widths are measured from the average low water plane (ALWP).
    (1) Pilottown Anchorage. An area 5.2 miles in length along the 
right descending bank of the river from mile 1.5 to mile 6.7 above Head 
of Passes, extending in width to 1,600 feet from the left descending 
bank of the river.

    Caution: A wreck is located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (2) Lower Venice Anchorage. An area 1.6 miles in length along the 
left descending bank of the river from mile 8.0 to mile 9.6 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.

    Caution: A pipeline crossing exists at mile 9.8 above Head of 
Passes. Mariners are urged to use caution between mile 9.6 and mile 
10.0 above Head of Passes.

    (3) Upper Venice Anchorage. An area 1.2 miles in length along the 
left descending bank of the river from mile 10.0 to mile 11.2 above 
Head of Passes with the west limit 1,200 feet from the ALWP of the 
right descending bank.
    (4) Boothville Anchorage. An area 6.3 miles in length along the 
right descending bank of the river, 1,000 feet wide, extending from 
mile 12.2 to mile 18.5 above Head of Passes. A 250 foot wide revetment 
as measured from the Low Water Reference Plane (LWRP) extends from mile 
12.2 to mile 17.9 above Head of Passes within this anchorage.
    (5) Ostrica Anchorage. An area 1.4 miles in length along the right 
descending bank of the river, 800 feet wide, extending from mile 23.0 
to mile 24.4 above Head of Passes.
    (6) Port Sulphur Anchorage. An area 2.2 miles in length along the 
left descending bank of the river, 800 feet wide, extending from mile 
37.5 to mile 39.7 above Head of Passes.
    (7) Magnolia Anchorage. An area 2.1 miles in length along the right 
descending bank of the river, 1,100 feet wide, extending from mile 45.5 
to mile 47.6 above Head of Passes. A 300 foot wide revetment as 
measured from the LWRP extends from mile 45.5 to mile 45.7 above Head 
of Passes within this anchorage. Additional revetment, 400 feet wide as 
measured from the LWRP, extends from mile 47.1 to mile 47.6 above Head 
of Passes within this anchorage area.
    (8) Point Celeste Anchorage. An area 2.2 miles in length along the 
right descending bank of the river, 800 feet wide, extending from mile 
49.8 to mile 52.0 above Head of Passes. A 400 foot wide revetment as 
measured from the LWRP extends from mile 51.6 to mile 52.0 above Head 
of Passes within this anchorage.
    (9) Davant Anchorage. An area 1.1 miles in length along the left 
descending bank of the river, 800 feet wide, extending from mile 52.8 
to mile 53.9 above Head of Passes.
    (10) Alliance Anchorage. An area 2.0 miles in length along the 
right descending bank of the river, 800 feet wide, extending from mile 
63.8 to mile 65.8 above Head of Passes. A 400 foot wide revetment as 
measured from the LWRP extends from mile 65.1 to mile 65.8 above Head 
of Passes within this anchorage.
    (11) Wills Point Anchorage. An area 1.1 miles in length along the 
left descending bank of the river, 800 feet wide, extending from mile 
66.5 to mile 67.6 above Head of Passes. A 200 foot wide revetment as 
measured from the LWRP extends from mile 66.5 to mile 66.9 above Head 
of Passes within this anchorage.
    (12) Cedar Grove Anchorage. An area 1.2 miles in length along the 
right descending bank of the river, 700 feet wide, extending from mile 
69.9 to mile 71.1 above Head of Passes. A 200 foot wide revetment as 
measured from the LWRP extends from mile 69.9 to mile 70.4 above Head 
of Passes within this anchorage.
    (13) Belle Chasse Anchorage. An area 2.1 miles in length along the 
right descending bank of the river, 1,000 feet wide, extending from 
mile 73.1 to mile 75.2 above Head of Passes. A 250 foot wide revetment 
as measured from the LWRP extends from mile 73.1 to mile 74.4 above 
Head of Passes within this anchorage. Additional revetment, 425 feet 
wide as measured from the LWRP, extends from mile 74.9 to mile 75.2 
above Head of Passes within this anchorage.
    (14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length 
along the right descending bank of the river, 800 feet wide, extending 
from mile 78.6 to mile 80.8 above Head of Passes. A 300 foot wide 
revetment as measured from the LWRP extends from mile 78.6 to mile 79.0 
above Head of Passes within this anchorage.
    (15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length 
along the right descending bank of the river, 800 feet wide, extending 
from mile 82.7 to mile 85.0 above Head of Passes. A 300 foot wide 
revetment as measured from the LWRP extends from mile 82.7 to mile 84.4 
above Head of Passes within this anchorage.

    Caution: A wreck is located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (16) New Orleans Emergency Anchorage. An area 0.5 miles in length 
along the right descending bank of the river, 800 feet wide, extending 
from mile 89.6 to mile 90.1 above Head of Passes. A 250 foot wide 
revetment as measured from the LWRP extends from mile 89.6 to mile 90.1 
above Head of Passes within this anchorage.

    Note: No vessel shall occupy this anchorage unless expressly 
authorized by the Captain of the Port. No vessel may anchor in this 
anchorage exceeding 24 hours without the authorization of the 
Captain of the Port.

    (17) New Orleans General Anchorage. An area 0.8 miles in length 
along the right descending bank of the river, 800 feet wide, extending 
from mile 90.1 to mile 90.9 above Head of Passes. A 250 foot wide 
revetment as measured from the LWRP extends from mile 90.1 to mile 90.3 
above Head of Passes within this anchorage.
    (18) Quarantine Anchorage. An area 0.7 miles in length along the 
right descending bank of the river, 800 feet wide, extending from mile 
90.9 to mile 91.6 above Head of Passes.

    Caution: A wreck is located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    Note: a. Vessels carrying cargoes of particular hazard as 
defined in 33 CFR 126.10 or cargoes of petroleum products in bulk 
may not be anchored in the New Orleans General Anchorage or the 
Quarantine Anchorage without permission from the Captain of the 
Port.

    b. Except when required by the United States Public Health 
Service for quarantine inspection, the Quarantine Anchorage may be 
used as a general anchorage.

    (19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along 
the right descending bank of the river, 700 feet wide, extending from 
mile 113.3 to mile 114.3 above Head of Passes. A 350 foot wide 
revetment as measured from the LWRP extends from mile 113.3 to mile 
114.3 above Head of Passes within this anchorage.
    (20) Kenner Bend Anchorage. An area 0.9 miles in length along the 
right descending bank of the river, 700 feet wide, extending from mile 
114.7 to mile 115.6 above Head of Passes.
    (21) Ama Anchorage. An area 1.8 miles in length along the left 
descending bank of the river, 700 feet wide, 

[[Page 56967]]
extending from mile 115.5 to mile 117.3 above Head of Passes. A 300 
foot wide revetment as measured from the LWRP extends from mile 115.5 
to mile 116.8 above Head of Passes within this anchorage.

    Caution: A wreck is located at mile 115.4 left descending bank 
above Head of Passes marked by Mississippi River Wreck Lighted Buoy 
WR4. Mariners are urged to use caution when anchoring in the lower 
end of this anchorage.

    (22) Bonnet Carre Anchorage. An area 1.5 miles in length along the 
left descending bank of the river, 600 feet wide, extending from mile 
127.3 to mile 128.8 above Head of Passes. This area is located adjacent 
to the river end of the Bonnet Carre Spillway.

    Note: When the Bonnet Carre Spillway is open, no vessel may be 
anchored in the Bonnet Carre Anchorage.

    (23) La Place Anchorage. An area 0.7 miles in length along the left 
descending bank of the river, 600 feet wide, extending from mile 134.7 
to mile 135.4 above Head of Passes.
    (24) Reserve Anchorage. An area 0.5 miles in length along the right 
descending bank of the river, 800 feet wide, extending from mile 137.0 
to mile 137.5 above Head of Passes. A 300 foot wide revetment as 
measured from the LWRP extends from mile 137.0 to mile 137.3 above Head 
of Passes within this anchorage.
    (25) Lower Grandview Reach Anchorage. An area 0.7 miles in length 
along the left descending bank of the river, 700 feet wide, extending 
from mile 146.4 to mile 147.2 above Head of Passes. A 200 foot wide 
revetment as measured from the LWRP extends from mile 146.4 to mile 
147.2 above Head of Passes within this anchorage.
    (26) Upper Grandview Reach Anchorage. An area 1.3 miles in length 
along the left descending bank of the river, 700 feet wide, extending 
from mile 147.5 to mile 148.8 above Head of Passes. A 200 foot wide 
revetment as measured from the LWRP extends from mile 147.5 to mile 
148.1 above Head of Passes within this anchorage.
    (27) Sunshine Anchorage. An area 2.0 miles in length along the left 
descending bank of the river, 800 feet wide, extending from mile 165.0 
to mile 167.0 above Head of Passes. A 350 foot wide revetment as 
measured from the LWRP extends from mile 166.1 to mile 167.0 above Head 
of Passes within this anchorage.
    (28) Geismar Anchorage. An area 1.0 miles in length along the right 
descending bank of the river, 700 feet wide, extending from mile 184.0 
to mile 185.0 above Head of Passes.
    (29) White Castle Anchorage. An area 0.7 miles in length along the 
right descending bank of the river, 700 feet wide, extending from mile 
190.4 to mile 191.1 above Head of Passes. A 400 foot wide revetment as 
measured from the LWRP extends from mile 190.4 to mile 191.1 above Head 
of Passes within this anchorage.
    (30) Baton Rouge General Anchorage. An area 1.5 miles in length 
along the right descending bank of the river, 1,400 feet wide, 
extending from mile 225.8 to mile 227.3 above Head of Passes.

    Caution: Two wrecks are located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near 
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having the 
width of 700 feet at both the upper and lower limits.
    (32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near 
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 700 feet at both the upper and lower limits.
    (33) Upper Baton Rouge Anchorage. An area 0.4 miles in length near 
mid-channel between mile 230.6 and mile 231.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 1,075 feet at the upper limit and 1,200 feet at the lower 
limit.
    (b) Temporary anchorages. (1) Temporary anchorages are non-
permanent anchorages established by the Commander, Eight Coast Guard 
District to provide additional anchorage space. Establishment of 
temporary anchorages is based on recommendations by the Captain of the 
Port.
    (2) Each vessel using temporary anchorages shall anchor as 
prescribed by the Captain of the Port.
    (3) Establishment of each temporary anchorage and any requirement 
for the temporary anchorage will be published in the Local Notice to 
Mariners.
    (4) Each person who has notice of any requirement prescribed for a 
temporary anchorage shall comply with that requirement.
    (c) The regulations. (1) Anchoring in the Mississippi River below 
Baton Rouge, LA., including South and Southwest Passes is prohibited 
outside of established anchorages except in cases of emergency. In an 
emergency, if it becomes necessary to anchor a vessel outside an 
established anchorage, the vessel shall be anchored so that it does not 
interfere with or endanger any facility or other vessel. The master of 
person in charge of the vessel shall notify the Captain of the Port of 
the location of the emergency anchoring by the most expeditious means 
and shall move the vessel as soon as the emergency is over.
    (2) In an emergency, if it becomes necessary to anchor a vessel in 
South Pass or Southwest Pass, the vessel shall be positioned as close 
to the left descending bank as possible.
    (3) No vessel may be anchored unless it maintains a bridge watch, 
guards and answers Channel 16 FM (or the appropriate VTS New Orleans 
sector frequency), maintains an accurate position plot and can take 
appropriate action ensure the safety of the vessel, structure, and 
other vessels.
    (4) When anchoring individually, or in fleets, vessels shall be 
anchored with sufficient anchors, or secured with sufficient lines, to 
ensure their remaining in place and withstanding the actions of winds, 
currents and the suction of passing vessels.
    (5) No vessel may be anchored over revetted banks of the river or 
within any cable or pipeline area. The locations of revetted areas and 
cable and pipeline areas may be obtained from the District Engineer, 
Corps of Engineers, New Orleans, LA.
    (6) The intention to transfer any cargo while in an anchorage shall 
be reported to the Captain of the Port, giving particulars as to name 
of ships involved, quantity and type of cargo, and expected duration of 
the operation the Captain of the Port shall be notified upon completion 
of operations. Cargo transfer operations are not permitted in the New 
Orleans General or Quarantine Anchorages. Bunkering and similar 
operations related to ship's stores are exempt from reporting 
requirements.

    Note: Activities conducted within a designated anchorage (e.g. 
cargo transfer, tank cleaning, stack blowing, etc.) may be 
restricted by other Federal, State or local regulations. Owners, or 
persons in charge of any vessel should consider all safety and/or 
environmental regulations prior to engaging in any activity within 
designated anchorages.

    (7) Nothing in this section relieves the owner or person in charge 
of any vessel from the penalties for obstructing or interfering with 
navigational aids or for failing to comply with the navigation laws for 
lights, day shapes, or fog signals and any other applicable laws and 
regulations.


[[Page 56968]]

    Dated: October 24, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 95-27868 Filed 11-9-95; 8:45 am]
BILLING CODE 4910-14-M