[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27112-27116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12320]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2014-0991]
RIN 1625-AA01


Anchorage Grounds; Lower Mississippi River Below Baton Rouge, LA, 
Including South and Southwest Passes; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule; request for comments.

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

SUMMARY: The Coast Guard is amending anchorage regulations for the 
Lower Mississippi River below Baton Rouge. This amendment will modify 
Cedar Grove Anchorage and White Castle Anchorage, and will establish 
two new anchorages, Point Michel Anchorage and Plaquemines Point 
Anchorage, on the Lower Mississippi River, Above Head of Passes. This 
interim rule increases the available anchorage areas necessary to 
accommodate vessel traffic; improves navigation safety, providing for 
the overall safe and efficient flow of vessel traffic and commerce; and 
aids and assists the economy through increased anchorage capacity, 
streamlining vessel throughput and increasing ship to port 
interactions. We invite your comments on this rule.

DATES: This rule is effective on June 14, 2017. Comments and related 
material must be received by the Coast Guard on or before October 12, 
2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0991 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 
interim rule, call or email Lieutenant Commander (LCDR) Howard Vacco, 
Waterways Management Division, Sector New Orleans, U.S. Coast Guard; 
telephone (504) 365-2281, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LCDR Lieutenant Commander
LNM Local Notices to Mariners
LWRP Low Water Reference Plane
MNSA Maritime Navigation Safety Association
ANPRM Advanced Notice of Proposed Rulemaking
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard establishes anchorage grounds under authority in 33 
U.S.C. 471. As stated in title 33 Code of Federal Regulation (CFR) 
109.05 (33 CFR 109.05), this authority has been delegated to U.S. Coast 
Guard District Commanders. On April 3, 2015, the Coast Guard published 
an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal 
Register (FR) (80 FR 18175) proposing to expand existing and establish 
new anchorages. An ANPRM is used to test a proposal or solicit ideas, 
involving interested persons in a potential regulatory action before 
issuing a formal rulemaking or a Notice of Proposed Rulemaking (NPRM). 
An agency is not required to publish an ANPRM but may choose to do so.
    The Coast Guard is issuing this interim rule without the prior 
notice and opportunity to comment through the NPRM process, pursuant to 
authority under section 4(a) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule 
without prior notice and opportunity to comment through the NPRM 
process when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a NPRM with respect to this rule because it is 
impracticable. This rule will reduce vessel traffic congestion, and 
decrease the distance between anchorages during the most congested and 
demanding navigation period. This rule will also assist in maintaining 
safe navigation and movement of commerce during the high water and 
increased current

[[Page 27113]]

conditions present now on the Lower Mississippi River. Delaying 
implementation of this rule would deny a safer working environment for 
all mariners utilizing the waterway. Soliciting and responding to 
comments on an NPRM would delay the margin of safety these new and 
additional anchorage areas have to offer both the mariners and the port 
until after the most congested and demanding time of the year--see 
additional details of hazards and risks in Purpose and Legal Basis 
section below. This interim rule follows an ANPRM requesting public 
participation and comments to better assess the need for additional 
anchorage areas. Comments to the ANPRM included support for additional 
anchorage areas in general, constructive suggestions, and a request to 
expand an additional anchorage. Zero comments opposed the new anchorage 
areas as proposed in the ANPRM. Additionally, the Coast Guard seeks to 
receive comment while this interim rule is in effect during the most 
congested and demanding time of the year.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date to provide a full 30 days' notice is impracticable. 
Immediate implementation is needed to provide a safer working 
environment for all mariners utilizing this waterway.

III. Purpose and Legal Basis

    The Coast Guard received requests from the Crescent River Port 
Pilots' Association and the New Orleans Baton Rouge River Pilots 
Association to amend an existing anchorage and establish two new 
anchorages. These requests were presented and discussed at a Maritime 
Navigation Safety Association (MNSA) meeting on August 12, 2014 and at 
a Port Safety Council Meeting on September 10, 2014. Attendees at those 
meetings did not comment on or object to the requests presented. The 
Coast Guard received a subsequent request, via a comment to the April 
3, 2015 ANPRM, requesting expansion of an additional anchorage. The 
Coast Guard also observed that during grain season, typically occurring 
annually from December through May, the anchorages were at maximum 
capacity. This creates a hazardous condition as vessels experiencing a 
casualty had no safe anchorage to stop in and the closest safe 
anchorage for the vessel was further away than was prudent to transit 
with the casualty. Finally, due to high water conditions on the Lower 
Mississippi River, the Coast Guard received emergency requests from 
industry for additional anchorage area as these conditions are causing 
increased reliance on safe anchorage to manage transits during both 
high traffic season and high water. This rule will improve the overall 
safety of anchored vessels in the White Castle and Cedar Grove 
Anchorages and provide for two additional anchorage areas to address 
the increased waterway congestion and improve the overall safe and 
efficient flow of vessel traffic and commerce.
    The distance between the two upper anchorages in the Lower 
Mississippi River, White Castle Anchorage MM 190.4 and Baton Rouge 
General Anchorage MM 228.5 is so great that a vessel suffering a 
casualty between them would become a hazard to the waterway. 
Plaquemines Point Anchorage was created to help mitigate the risk by 
reducing the distance between safe anchorage for deep draft vessels in 
the reach between White Castle Anchorage and Baton Rouge General 
Anchorage. The addition of the Plaquemines Point Anchorage reduces the 
greatest distance between anchorages at this stretch from 38.1 miles to 
24.1miles.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1, Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to propose, establish, and define regulatory 
anchorages. Through this rulemaking, the Coast Guard is amending two 
existing anchorage grounds; Cedar Grove Anchorage, 33 CFR 
110.195(a)(12) and White Castle Anchorage, Sec.  110.195(a)(29), and is 
establishing two new permanent anchorage grounds; Point Michel 
Anchorage, Sec.  110.195(a)(35), and Plaquemines Point Anchorage, Sec.  
110.195(a)(36).
    The Coast Guard has consulted with the Chief of Engineers the Army 
Corps of Engineers, New Orleans District about the specific provisions 
of this interim rule, and the Chief of Engineers has recommended that 
we proceed with our amendment of two existing anchorage grounds and 
establishment of two addition anchorage grounds as specified in this 
rule.

IV. Discussion of Interim Rule

    This interim rule establishes two new anchorages and amends two 
established anchorages to provide necessary additional anchorage area 
while also requesting comments. While vessels are occupying the new and 
amended anchorage areas, the impact of this rule will be more apparent 
to mariners operating in these areas. We believe the mariner will 
therefore be more inclined to provide input and feedback on how the 
increased anchorage area is used and if such changes address the needs 
of the waterway. This feedback will aid the Coast Guard in finalizing 
these changes and designing better anchorage systems as needed in the 
future. Additionally, this rule is being timed to take effect during 
the most demanding maritime environment. During this time the river 
historically experiences high water levels with faster currents, low 
river levels with increased shoaling, fog season, and the increased 
outflow of goods due to grain harvest.
    During the ANPRM comment period, the Coast Guard received support 
for establishing new anchorages and expanding existing anchorages. Four 
comments were submitted in support of Point Michel Anchorage and Cedar 
Grove Anchorage. Additionally, one comment requested that the Coast 
Guard also expand the White Castle Anchorage at Mile Marker 191 Above 
Head of Passes on the Lower Mississippi River. Therefore, this rule 
also expands White Castle Anchorage, as requested. It also adjusted the 
three anchorages discussed in the ANPRM and establishes Plaquemines 
Point Anchorage. One comment requested that the Coast Guard include 
latitude and longitude coordinates for the anchorage limits in addition 
to the textual description. The Coast Guard considered transitioning 
the anchorage geographic boundaries from Low Water Reference Plane 
(LWRP) and River Mile Markers (MM) to latitude and longitude 
coordinates while developing the ANPRM and found it would not add to 
the mariners' experience or clarity of the anchorage locations. Due to 
the ever-changing nature of the Lower Mississippi River, using LWRP as 
a reference for the anchorage boundaries will allow an anchorage to 
move with the river in the event that it shifts in vicinity of the 
anchorage. Using latitude and longitude could require the Coast Guard 
to amend the anchorage definition every time the U.S. Army Corps of 
Engineers adjusts the LWRP based on hydrographic survey data.
    Therefore, through this interim rule with request for comments, the 
Coast Guard is establishing two new anchorages and increasing the size 
of two established anchorages. The two new anchorages are known as the 
Point Michel Anchorage, Sec.  110.195(a)(35), and the Plaquemines Point 
Anchorage, Sec.  110.195(a)(36). The two anchorages increased in size 
are the Cedar Grove Anchorage, Sec.  110.195(a)(12), and the

[[Page 27114]]

White Castle Anchorage, Sec.  110.195(a)(29).
    By increasing existing anchorages and establishing new anchorages, 
this interim rule increases the available anchorage areas in this 
section of the river necessary to accommodate vessel traffic; improves 
navigation safety, providing for the overall safe and efficient flow of 
vessel traffic and commerce; and aids and assists the economy through 
increased anchorage capacity, streamlining vessel throughput and 
increasing ship to port interactions. The additional anchorage area 
established by this interim rule and request for comments increases the 
safety of life and property on navigable waters, while ensuring that 
the needs and concerns of all stakeholders are addressed through the 
rulemaking comment process before making the new and increased 
anchorages permanent through a final rulemaking.

A. Point Michel Anchorage

    The Coast Guard is establishing Point Michel Anchorage as an area, 
1.4-miles long and 500-feet wide along the right descending bank of the 
river extending from mile 40.8 to mile 42.2 Above Head of Passes. Its 
inner boundary is a line parallel to the nearest bank 325 feet from the 
water's edge into the river as measured from the LWRP. Its outer 
boundary of the anchorage is a line parallel to the nearest bank 825 
feet from the water's edge into the river as measured from the LWRP.

B. Cedar Grove Anchorage

    Currently the Cedar Grove Anchorage, under Sec.  110.195(a)(12), is 
an area extending 1.2 miles in length along the right descending bank 
of the river from mile 69.9 to mile 71.1 Above Head of Passes. The 
current width of the anchorage is 500 feet, and the inner boundary is a 
line parallel to the nearest bank 200 feet from the water's edge into 
the river as measured from the LWRP, with the outer boundary at a line 
parallel to the nearest bank 700 feet from the water's edge into the 
river as measured from the LWRP.
    The Coast Guard is amending the Cedar Grove Anchorage to increase 
the anchorage's overall length by fourteen hundredths of a mile, 
shifting the lower limit down river from mile 69.9 to mile 69.56 and 
shifting the upper limit down river from mile 71.1 to mile 70.9.

C. White Castle Anchorage

    Currently, the White Castle Anchorage, under Sec.  110.195(a)(29), 
is an area extending 0.7 miles in length along the right descending 
bank of the river from mile 190.4 to mile 191.1 Above Head of Passes. 
The current width of the anchorage is 300 feet and its inner boundary 
is a line parallel to the nearest bank 400 feet from the water's edge 
into the river as measured from the LWRP, with an outer boundary at a 
line parallel to the nearest bank 700 feet from the water's edge into 
the river as measured from the LWRP.
    The Coast Guard is amending the White Castle Anchorage to increase 
the anchorage's overall length by fourteen hundredths of a mile, 
shifting the lower limit down river from mile 190.4 to mile 190.3 and 
shifting the upper limit up river from mile 190.1 to mile 191.14.

D. Plaquemines Point Anchorage

    The Coast Guard is establishing Plaquemines Point Anchorage as an 
area, 0.5 miles in length along the right descending bank of the river 
extending from mile 203.9 to mile 204.4 Above Head of Passes. The 
anchorage is 500 feet wide and its inner boundary is a line parallel to 
the nearest bank 400 feet from the water's edge into the river as 
measured from the LWRP. Its outer boundary is a line parallel to the 
nearest bank 900 feet from the water's edge into the river as measured 
from the LWRP.
    We have placed illustrations of each of the four anchorages as 
amended or established by this rule in the docket, accessible as 
indicated under ADDRESSES.

V. Regulatory Analyses

    We developed this 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 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget.
    The impacts on routine navigation are expected to be minimal 
because the anchorage areas are established outside of the navigation 
channel and will not unnecessarily restrict vessel traffic. When the 
anchorages are not occupied, vessels will be able to maneuver in and 
through the anchorage areas, and when occupied there is still room for 
two-way deep draft traffic to pass.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule is amending two existing anchorage grounds and establishing two 
new anchorage grounds on a portion of the Lower Mississippi River. The 
new anchorages are being established and managed like all existing 
anchorages on the Lower Mississippi River. These anchorages are in the 
Federal Channel, a safe distance from shore, off revetment, in safe 
water, do not conflict with any other permit and do not impede safe 
navigation.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will 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 (Public Law 104-121), we want to assist small 
entities in understanding this 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 rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 27115]]

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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will 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 rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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

F. Environment

    We have analyzed this 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 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 rule involves amending two existing anchorage grounds 
and establishing two new anchorage grounds on a portion of the Lower 
Mississippi River. It is categorically excluded from further review 
under paragraph 34(f) of Figure 2-1 of Commandant Instruction 
M16475.lD. An environmental analysis checklist supporting this 
determination and a 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 rule.

VI. 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. Documents mentioned in this interim rule, and all public 
comments, are 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.
    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).

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

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. In Sec.  110.195, revise paragraphs (a)(12) and (29) and add 
paragraphs (a)(35) and (36) to read as follows:


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

    (a) * * *
    (12) Cedar Grove Anchorage. An area, 1.34 miles in length along the 
right descending bank of the river extending from mile 69.56 to mile 
70.9 Above Head of Passes. The width of the anchorage is 500 feet. The 
inner boundary of the anchorage, mile 69.56 to mile 70.9, 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.
* * * * *
    (29) White Castle Anchorage. An area, 0.84 miles in length, along 
the right descending bank of the river extending from mile 190.3 to 
mile 191.14 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 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.
* * * * *
    (35) Point Michel Anchorage. An area, 1.4 miles in length, along 
the right descending bank of the river extending from mile 40.8 to mile 
42.2 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 
325 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 825 feet from the water's edge into the river as measured 
from the LWRP.
    (36) Plaquemines Point Anchorage. An area, 0.5 miles in length, 
along the right descending bank of the river extending from mile 203.9 
to mile 204.4 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 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 900 feet from the water's edge into the river as 
measured from the LWRP.
* * * * *


[[Page 27116]]


    Dated: June 1, 2017.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-12320 Filed 6-13-17; 8:45 am]
 BILLING CODE 9110-04-P