[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Proposed Rules]
[Pages 20859-20861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09036]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0897]
RIN 1625-AA01


Anchorage Ground; Atlantic Ocean, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its anchorage regulations to 
establish a new offshore anchorage area approximately 7 nautical miles 
northeast of the St. Johns River inlet, Florida. Currently, there is 
not a dedicated deep draft offshore anchorage for commercial ocean-
going vessels arriving at the Port of Jacksonville. Establishing an 
adequate and dedicated offshore anchorage will alleviate hazardous 
conditions with vessels anchoring in the common approaches to the St. 
Johns River. This action is necessary to ensure the safety and 
efficiency of navigation for all vessels transiting in and out of the 
Port of Jacksonville. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0897 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Allan Storm, Sector 
Jacksonville, Waterways Management Division, U.S. Coast Guard; 
telephone 904-714-7616, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard, with the recommendation from the St. Johns Bar 
Pilot Association (SJBPA) and Jacksonville Marine Transportation 
Exchange (JMTX) Harbor Safety Committee, developed the dedicated 
offshore anchorage area approximately 7 nautical miles northeast of the 
St. Johns River inlet, Florida proposed in this notice of proposed 
rulemaking (NPRM).
    The purpose of this proposed rulemaking is to improve the 
navigational safety, traffic management and port security for the Port 
of Jacksonville.
    Currently, there is not a dedicated deep draft offshore anchorage 
for commercial ocean-going vessels arriving at the port of 
Jacksonville. Vessels have routinely been recommended to anchor 1\1/2\ 
nautical miles northeast of the ``STJ'' entrance buoy. However, many 
mariners are hesitant to anchor in this location due to its proximity 
to the charted danger area, which is related to unexploded ordinances 
on the sea floor. Without a designated charted anchorage area, many 
vessels end up drifting or anchoring in the common approaches to the 
St. Johns River, creating a potential hazardous condition for all 
vessels transiting in and out of the Port of Jacksonville. These 
conditions may worsen with the expected growth in the number of 
vessels, and the likelihood of large vessels calling on Jacksonville in 
the near future.
    In 2013, Coast Guard Sector Jacksonville hosted a meeting to 
discuss the establishment of a commercial anchorage off the entrance to 
the St. Johns River. Members from SJBPA, JMTX, Jacksonville Port 
Authority, Florida Docking Masters, Army Corp of Engineers, NOAA, local 
tug companies, and the local Shrimp Producers Association all provided 
input to the proposed anchorage outlined in this notice. Additionally, 
in April 2016, Coast Guard Sector Jacksonville conducted a focused 
Waterways Analysis and Management System (WAMS) study for the proposed 
offshore anchorage area. No additional findings were found and no 
comments of concern were received from this WAMS study.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; Department of 
Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend its anchorage regulations to 
establish an offshore anchorage area approximately seven nautical miles 
northeast of the St. Johns River inlet, Florida. There currently is not 
a dedicated deep draft offshore anchorage for commercial ocean-going 
vessels arriving at the port of Jacksonville. This action is necessary 
to ensure the safety and efficiency of navigation for all vessels 
transiting in and out of the Port of Jacksonville. The anchorage area's 
dimensions are approximately three nautical miles by two nautical miles 
and would encompass approximately six square nautical miles.
    The anchorage boundaries are described, using precise coordinates, 
in the proposed regulatory text at the end of this notice.

IV. Regulatory Analyses

    We developed this proposed 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 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the

[[Page 20860]]

costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs' '' (February 2, 2017).
    This regulatory action determination is based on the fact that 
there will be minimal impact to routine navigation because the proposed 
anchorage area would not restrict traffic as it is located well outside 
of the established navigation channel. Vessels would still be able to 
maneuver in, around, and through the anchorage.

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 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.
    While some owners or operators of vessels intending to transit the 
anchorage area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves 
establishing one offshore anchorage ground; the overall size of the 
anchorage area will be approximately 6 square nautical miles. The 
anchorage ground is not designated a critical habitat or special 
management area. Normally such actions are categorically excluded from 
further review under paragraph 34(f) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and Categorical Exclusion Determination are available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.

[[Page 20861]]

    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  110.184 to read as follows:


Sec.  110.184  Atlantic Ocean, Offshore Jacksonville, FL.

    (a) The anchorage ground. All waters of the Atlantic Ocean 
encompassed within the following points: Starting at Point 1 in 
position 30[deg]29.08' N., 81[deg]18.21' W.; thence south to Point 2 in 
position 30[deg]26.06' N., 81[deg]18.21' W.; thence east to Point 3 in 
position 30[deg]26.06' N., 81[deg]16.05' W.; thence north to Point 4 in 
position 30[deg]29.08' N., 81[deg]16.05' W.; thence west back to 
origin. All coordinates are North American Datum 1983.
    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean 
in the vicinity of the Port of Jacksonville must anchor only within the 
anchorage area hereby defined and established, except in cases of 
emergency.
    (2) Before entering the anchorage area, all vessels must notify the 
Coast Guard Captain of the Port (COTP) Jacksonville on VHF-FM Channel 
22A.
    (3) All vessels within the designated anchorage area must maintain 
a 24-hour bridge watch by a licensed or credentialed deck officer 
proficient in English, monitoring VHF-FM channel 16. This individual 
must confirm that the ship's crew performs frequent checks of the 
vessel's position to ensure the vessel is not dragging anchor.
    (4) Vessels may anchor anywhere within the designated anchorage 
area provided that: Such anchoring does not interfere with the 
operations of any other vessels currently at anchorage; and all anchor 
and chain or cable is positioned in such a manner to preclude dragging.
    (5) No vessel may anchor in a ``dead ship'' status (that is, 
propulsion or control unavailable for normal operations) without the 
prior approval of the COTP Jacksonville. Vessels experiencing 
casualties such as a main propulsion, main steering or anchoring 
equipment malfunction or which are planning to perform main propulsion 
engine repairs or maintenance, must immediately notify the COTP 
Jacksonville on VHF-FM Channel 22A.
    (6) No vessel may anchor within the designated anchorage for more 
than 72 hours without the prior approval of the COTP Jacksonville. To 
obtain this approval, contact the COTP Jacksonville on VHF-FM Channel 
22A.
    (7) The COTP Jacksonville may close the anchorage area and direct 
vessels to depart the anchorage during periods of adverse weather or at 
other times as deemed necessary in the interest of port safety or 
security.
    (8) Commercial vessels anchoring under emergency circumstances 
outside the anchorage area must shift to new positions within the 
anchorage area immediately after the emergency ceases.

    Dated: April 27, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-09036 Filed 5-3-17; 8:45 am]
BILLING CODE 9110-04-P