[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16711-16714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9433]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 110
[CGD08-96-002]
RIN 2115-AA98
Anchorage Grounds, Mississippi River Below Baton Rouge, LA,
Including South and Southwest Passes
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising 33 CFR 110.195 Mississippi River
below Baton Rouge, La., including South and Southwest Passes in order
to expand six anchorages and establish three 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.
EFFECTIVE DATE: May 17, 1996.
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:
Regulatory History
On Monday, November 13, 1995, the Coast Guard published a notice of
proposed rulemaking entitled Anchorage Grounds, Mississippi River Below
Baton Rouge, LA., including South and Southwest Passes in the Federal
Register (60 FR 218). The Coast Guard received 92 letters commenting on
the proposal. A public hearing was not requested and one was not held.
Discussion of Comments and Changes
Ninety comments were received supporting the establishment of
additional safe anchorages. Three negative comments were received. The
first of these three comments requested the description of the
anchorage ground be rewritten to exclude revetment areas; the wording
in this final rule has been changed to exclude revetments. The second
of these three comments regarded the proposed establishment of the
Giesmar Anchorage. G W Contractors, Inc were granted an Army Corps of
Engineers permit [SE (Mississippi River) 1311] on December 26, 1989 to
extend an existing barge fleeting facility, and install and maintain
ten anchor piles with chains and mooring buoys for ship mooring between
mile 184.6 and mile 185.4 above Head of Passes. Due to the potential
installation of this facility the proposed Giesmar Anchorage has been
deleted from this final rule. The Coast Guard reserves the right to
revisit the Giesmar location for future anchorage space if construction
of the proposed facility does not take place within the permitted time
frame. The third comment was from the Town of Gramercy, who requested
that the Lower Grandview Reach Anchorage be adjusted to prevent ships
from damaging the town's water intake. Due to this request, the Coast
Guard has reconfigured the Lower Grandview Reach Anchorage into two
separate anchorages, the Lower Grandview Reach Anchorage and the Middle
Grandview Reach Anchorage in the final rule.
The remaining anchorages are being adopted as proposed.
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)
[[Page 16712]]
(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 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
The Coast Guard has received no comments on impacts this rule will
have on small entities. Therefore, the Coast Guard certifies under
section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
that this final rule 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 final rule does not raise sufficient federalism concerns to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
This final 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.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulation
For the reasons set forth in the preamble, the Coast Guard amends
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). 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 amended by revising paragraphs (a)(4),
(a)(5), (a)(7) through (a)(30) inclusive, (b) and (c), and adding new
paragraphs (a)(31), (a)(32), and (a)(33) to read as follows:
Sec. 110.195 Mississippi River below Baton Rouge, La., including South
and Southwest Passes.
(a) * * *
(1) * * *
(2) * * *
(3) * * *
(4) Boothville Anchorage. An area 6.3 miles in length along the
right descending bank of the river extending from mile 12.2 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 Low Water Reference Plane (LWRP).
(5) Ostrica Anchorage. An area 1.4 miles in length along the right
descending bank of the river extending from mile 23.0 to mile 24.4
above Head of Passes. The width of the anchorage is 800 feet.
(6) * * *
(7) Magnolia Anchorage. An area 2.1 miles in length along the right
descending bank of the river extending from mile 45.5 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 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.
(8) Point Celeste Anchorage. An area 2.2 miles in length along the
right descending bank of the river extending from mile 49.8 to mile
52.0 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.
(9) Davant Anchorage. An area 1.1 miles in length along the left
descending bank of the river extending from mile 52.8 to mile 53.9
above Head of Passes. The width of the anchorage is 800 feet.
(10) Alliance Anchorage. An area 2.0 miles in length along the
right descending bank of the river extending from mile 63.8 to mile
65.8 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.
(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 600 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 800 feet from the water's edge into the river as measured from the
LWRP.
(12) Cedar Grove Anchorage. An area 1.2 miles in length along the
right descending bank of the river extending from mile 69.9 to mile
71.1 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.
(13) Belle Chasse Anchorage. An area 2.1 miles in length along the
right descending bank of the river extending from mile 73.1 to mile
75.2 above Head of Passes. The width of the anchorage is 575 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
425 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 1,000 feet from the water's edge into the river as
measured from the LWRP.
(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.
[[Page 16713]]
(15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length
along the right descending bank of the river extending from mile 82.7
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.
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 extending from mile 89.6
to mile 90.1 above Head of Passes. The width of the anchorage is 550
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 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: 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 extending from mile 90.1
to mile 90.9 above Head of Passes. The width of the anchorage is 550
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 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.
(18) Quarantine Anchorage. An area 0.7 miles in length along the
right descending bank of the river extending from mile 90.9 to mile
91.6 above Head of Passes. The width of the anchorage is 800 feet.
Caution: A wreck is located within the boundaries of this
anchorage. Mariners are urged to use caution in this anchorage.
Note: Vessels carrying cargos of particular hazard as defined in
33 CFR 126.10 or cargos 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.
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 extending from mile 113.3 to
mile 114.3 above Head of Passes. The width of the anchorage is 350
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 350 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.
(20) Kenner Bend Anchorage. An area 0.9 miles in length along the
right descending bank of the river extending from mile 114.7 to mile
115.6 above Head of Passes. The width of the anchorage is 700 feet.
(21) Ama Anchorage. An area 1.8 miles in length along the left
descending bank of the river extending from mile 115.5 to mile 117.3
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 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 700 feet from the water's edge into the river as measured from the
LWRP.
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 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. The width of the anchorage is 600
feet.
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 extending from mile 134.7 to mile 135.4
above Head of Passes. The width of the anchorage is 600 feet.
(24) Reserve Anchorage. An area 0.5 miles in length along the right
descending bank of the river extending from mile 137.0 to mile 137.5
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.
(25) Lower Grandview Reach Anchorage. An area 0.3 miles in length
along the left descending bank of the river extending from mile 146.4
to mile 146.7 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 for the LWRP.
(26) Middle Grandview Reach Anchorage. An area 0.4 miles in length
along the left descending bank of the river extending from mile 146.8
to mile 147.2 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 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.
(27) Upper Grandview Reach Anchorage. An area 1.3 miles in length
along the left descending bank of the river extending from mile 147.5
to mile 148.8 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 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.
(28) Sunshine Anchorage. An area 2.0 miles in length along the left
descending bank of the river extending from mile 165.0 to mile 167.0
above Head of Passes. The width of the anchorage is 450 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 350
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.
(29) White Castle Anchorage. An area 0.7 miles in length along the
right descending bank of the river extending from mile 190.4 to mile
191.1 above Head of Passes. The width of the anchorage is 300 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet
[[Page 16714]]
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.
(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. Temporary anchorages are non-permanent
anchorages established by the Commander, Eighth 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 of
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 or
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 to 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.
Dated: March 27, 1996.
C.B. Newlin,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 96-9433 Filed 4-16-96; 8:45 am]
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