[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Rules and Regulations]
[Pages 13629-13630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD08-02-017]
RIN 1625-AA01 [Formerly RIN 2115-AA98]


Anchorage Regulation; Boothville Anchorage, Venice, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective April 21, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [CGD08-02-017] and are available for inspection or copying 
at Commander, Eighth Coast Guard District (m), Hale Boggs Federal 
Bldg., 501 Magazine Street, New Orleans, LA 70130, between 8 a.m. and 4 
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:

Regulatory Information

    On November 12, 2002, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Anchorage Regulation; Boothville 
Anchorage, Venice, LA'', in the Federal Register (67 FR 68540). We 
received no comments on the proposed rule. No public hearing was 
requested, and none was held.

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 allow for 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, two 
organizations whose members pilot vessels through this area and anchor 
vessels in the anchorage, voiced no objections to the proposed 
reduction of the size of the anchorage.

Discussion of Comments and Changes

    We received no comments on the proposed rule. Therefore, we have 
made no changes to the provisions of the proposed rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory and 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 Homeland 
Security (DHS).
    We expect the economic impact of this 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 
revision will not obstruct the regular flow of traffic nor will 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 
considered whether this 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 rule will 
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 shortening of this anchorage will 
not obstruct the regular flow of traffic nor have an adverse impact to 
anchoring vessels.
    If you are a small business entity and are significantly affected 
by this regulation please contact Lieutenant (LT) Karrie Trebbe, 
Project Manager for Eighth Coast Guard District Commander, telephone 
(504) 589-6271.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking processes.
    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).

Collection of Information

    This rule calls 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 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

[[Page 13630]]

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 rule will not result in such an expenditure, we do discuss 
the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 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 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.

Energy Effects

    We have analyzed this 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(f) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule is a reduction of the 
size of an anchorage already in effect.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
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: February 13, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth District Coast Guard.
[FR Doc. 03-6631 Filed 3-19-03; 8:45 am]
BILLING CODE 4910-15-P