[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40153-40155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13827]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

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


Anchorage Grounds; Atlantic Ocean, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a dedicated offshore 
anchorage approximately seven nautical miles northeast of the St. Johns 
River inlet, Florida. 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 September 4, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0964 using the Federal eRulemaking Portal at https://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 LT Emily Sysko, Sector Jacksonville 
Waterways Management Division Chief, 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
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section

II. Background, Purpose, and Legal Basis

    The project to establish an offshore anchorage just outside of the 
St. Johns River and offshore of Jacksonville was initiated in 2013. 
From 2013 through 2017, certain port stakeholders (St. Johns Bar Pilots 
Association (SJBPA), Jacksonville Marine Transportation Exchange 
(JMTX), National Oceanic and Atmospheric Administration (NOAA), and 
United States Coast Guard (USCG)) worked to determine a suitable 
location for the anchorage, with consideration given to, among other 
things, environmental factors and Seasonal Management Areas. However, a 
location was not determined during this timeframe. The U.S. Coast Guard 
conducted a Waterways Analysis and Management System (WAMS) survey for 
this proposed project and did not receive any comments of concern from 
the entities previously mentioned.
    In 2016, the stakeholders re-engaged the USCG in an attempt to 
complete the offshore anchorage project. A Notice of Proposed 
Rulemaking was published on May 4, 2017 (82 FR 20859). Informal 
National Environmental Protection Act (NEPA) consultations were 
disseminated requesting feedback on the proposed anchorage location. 
National Marine Fisheries (NMFS) and NOAA responded with significant 
concerns regarding the location. The aforementioned agencies requested 
an environmental study be completed to analyze potential hard bottom 
locations within the selected anchorage ground and the effects of 
vessels anchoring in these environmentally sensitive areas. The 
stakeholders involved at this time were unable to financially support 
the requested study. Due to these concerns, no further action was taken 
after the NPRM was published in 2017.
    In 2018, the USCG met with the stakeholders again to determine a 
way forward with the proposed anchorage. Stakeholders concluded that 
three circular anchorages would meet the needs of an offshore 
anchorage, while allowing flexibility to avoid hard bottom areas. In 
2019, USCG Sector Jacksonville sent out an informal consultation via 
email to federal, state, and local government and private stakeholders 
to solicit for feedback on the proposed, new anchorage construct. NMFS 
agreed with the construct, allowing USCG to move forward with formal 
NEPA consultation. Towards the end of 2019, USCG sent out formal 
consultation to approximately 20 different organizations and agencies 
regarding the anchorage. At this time, NMFS expressed some minor 
concerns. At the beginning of 2020, stakeholders and NMFS came to an 
agreement that addressed the minor concerns raised. The USCG is 
currently moving forward with the rulemaking and public comment period 
for the proposed anchorage location.
    The purpose of this proposed rulemaking is to improve the 
navigational safety, traffic management

[[Page 40154]]

and port security for the Port of Jacksonville.
    Currently, there is no dedicated deep draft offshore anchorage for 
commercial ocean-going vessels arriving at the Port of Jacksonville. 
Vessels have routinely been anchoring 1.5 nautical miles northeast of 
the ``STJ'' entrance buoy. Without a designated charted anchorage area, 
vessels end up drifting or anchoring in the common approaches to the 
St. Johns River, creating a potential hazardous condition for vessels 
transiting in and out of the Port of Jacksonville. These conditions 
have worsened in recent years with the introduction of Liquefied 
Natural Gas (LNG) vessels transiting the Port of Jacksonville. 
Additional growth is forecasted to occur because of deepening the 
channel. There will likely be an increase in the number of large 
vessels calling on Jacksonville in the near future.
    The Coast Guard is proposing this rulemaking under authority in 33 
U.S.C. 471.

III. Discussion of Proposed Rule

    The Captain of the Port is proposing to establish an offshore 
anchorage area approximately seven nautical miles northeast of the St. 
Johns River inlet, Florida. There is not currently 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 vessels transiting in and out of the 
Port of Jacksonville. The anchorage areas consist of three circles each 
with a radius of 1,400 feet.The anchorage boundaries are described, 
using precise coordinates, in the proposed regulatory text at the end 
of this document.

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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This SNPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the SNPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt 
from the requirements of Executive Order 13771.
    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. The anchorage 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 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 call or email 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 call or email 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 Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 offshore anchorage grounds, which would be comprised of 
three circles, each with a 1,400-foot radius. The anchorage

[[Page 40155]]

grounds are not designated a critical habitat or special management 
area. Normally such actions are categorically excluded from further 
review under paragraph L59(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this SNPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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 is 
proposing 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, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

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


Sec.  110.184  Atlantic Ocean, Offshore Jacksonville, FL.

    (a) Location. All waters of the Atlantic Ocean encompassed within a 
radius of 1,400 feet of the following coordinates based on North 
American Datum 1983:
    (1) Anchorage Ground 1 with a center point in position 
30[deg]26''48.6' N, 81[deg]17''14.9' W.
    (2) Anchorage Ground 2 with a center point in position 
30[deg]26''20.5' N, 81[deg]17''30.8' W; and
    (3) Anchorage Ground 3 with a center point in position 
30[deg]26''20.2' N, 81[deg]16''57.8' W.
    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean 
near the Port of Jacksonville desiring to anchor must anchor only 
within the anchorage area hereby defined and established, except in 
cases of emergency.
    (2) 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.
    (3) 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.
    (4) 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. Vessels which are planning to perform main 
propulsion engine repairs or maintenance, must immediately notify the 
COTP on VHF-FM Channel 22A. Vessels must also report marine casualties 
in accordance with 46 CFR 4.05-1.
    (5) No vessel may anchor within the designated anchorage for more 
than 72 hours without the prior approval of the COTP. To obtain this 
approval, contact the COTP on VHF-FM Channel 22A.
    (6) The COTP 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.
    (7) 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: June 22, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2020-13827 Filed 7-2-20; 8:45 am]
BILLING CODE 9110-04-P