[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Proposed Rules]
[Pages 68540-68542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28680]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD08-02-017]
RIN 2115-AA98


Anchorage Regulation; Boothville Anchorage, Venice, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulation on Boothville 
Anchorage, located near mile 12.9, Lower Mississippi River, Venice, 
Louisiana. This amendment is necessary to accommodate the construction 
of Sea Point, a container transshipment facility. The anchorage would 
be reduced in size approximately 0.8 miles.

DATES: Comments and related material must reach the Coast Guard on or 
before January 13, 2003.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans LA 70130, or comments and related material may be 
delivered to Room 1341 at the same address between 8 a.m. and 3:30 
p.m., Monday through Friday, except federal holidays. Commander, Eighth 
Coast Guard District (m) maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Commander, Eighth Coast Guard District (m) between 8 a.m. 
and 3:30 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Karrie Trebbe, Project 
Manager for Eighth Coast Guard District Commander, telephone (504) 589-
6271.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CCGD08-02-
017), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District (m) at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Coast Guard received a request from Sea Point LLC to reduce the 
size of the Boothville Anchorage by approximately 0.8 miles in order to 
accommodate the construction of Sea Point, a container transshipment 
facility in Venice, Louisiana. Sea Point is designed to provide the 
immediate transfer of containers from deep draft vessels to barges 
destined for ports on the Mississippi River and along the Gulf of 
Mexico.
    Sea Point LLC has advised two local pilot organizations of its 
intended construction. The Crescent River Pilot's Association and the 
Associated Federal Pilots and Docking Masters of Louisiana, pilot 
organizations that pilot vessels through this area and anchor vessels 
in the anchorage, voiced no objections to the proposed reduction in the 
size of the anchorage.

Discussion of Proposed Rule

    The proposed amendment would reduce the size the southern end of 
the Boothville Anchorage by 0.8 miles to

[[Page 68541]]

accommodate the construction of a container transshipment facility. The 
new anchorage would be 5.5 miles in length along the right descending 
bank of the river extending from mile 13.0 to 18.5 above Head of 
Passes. The width of the anchorage would remain unchanged.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. This 
anchorage is primarily used for deep draft vessels waiting for mooring 
facilities further up river, vessels waiting for fog to dissipate, and 
for vessels waiting for heavy weather in the Gulf of Mexico to 
diminish. The proposed amendment would not obstruct the regular flow of 
traffic nor would it adversely affect vessels requiring anchorage as 
the anchorage has been more than ample to accommodate all vessels 
desiring to use it.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities because this anchorage is primarily used for 
deep draft vessels waiting for mooring facilities further up river, 
vessels waiting for fog to dissipate, and vessels waiting for heavy 
weather in the Gulf of Mexico to diminish. The proposed shortening of 
this anchorage would not obstruct the regular flow of traffic nor have 
an adverse impact to anchoring vessels.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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, LT Karrie Trebbe, Project 
Manager for Eighth Coast Guard District Commander, telephone (504) 589-
6271.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.
    We invite your comments on how this proposed rule might impact 
tribal governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(f), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because this rule is an amendment to a 
regulation already in effect. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

[[Page 68542]]

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. Amend Sec.  110.195 by revising paragraph (a)(4) to read as 
follows:


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

    (a) * * *
    (4) Boothville Anchorage. An area 5.5 miles in length along the 
right descending bank of the river extending from mile 13.0 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.
* * * * *

    Dated: November 1, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth District Coast Guard.
[FR Doc. 02-28680 Filed 11-8-02; 8:45 am]
BILLING CODE 4910-15-P