[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67278-67280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22059]


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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, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective November 23, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0897 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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
JMTX Jacksonville Marine Transportation Exchange
NMFS National Marine Fisheries
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
Sec.  Section
SJBPA St. Johns Bar Pilots Association
U.S.C. United States Code
USCG United States Coast Guard
WAMS Waterways Analysis and Management System

II. Background Information and Regulatory History

    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

[[Page 67279]]

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 USCG 
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 (NPRM) was published in the Federal Register 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.
    On July 6, 2020, a supplemental notice of proposed rulemaking 
(SNPRM) was published in the Federal Register (85 FR 40154). In the 
SNPRM, we proposed to establish a dedicated offshore anchorage 
approximately seven nautical miles northeast of the St. Johns River 
inlet, Florida.
    During the comment period that ended September 4, 2020, we received 
one comment in support of the regulation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority found in 33 
U.S.C. 471. The purpose of this rulemaking is to improve the 
navigational safety, traffic management 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 an expected 
deepening of the channel, causing an increase in the number of large 
vessels calling on Jacksonville in the near future.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one supportative comment on the SNPRM. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the SNPRM.
    This rule establishes 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 regulatory text at the end of this document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 
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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
anchorage may be small entities, for the reasons stated in section V.A 
above, this rule would not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 67280]]

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). 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).

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 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.

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 
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 determined 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 
establishing offshore anchorage grounds, which would be comprised of 
three circles, each with a 1,400-foot radius. The anchorage 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 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.

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, 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 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 defined and established in paragraph (a) of 
this section, 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 Captain of the Port (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: September 15, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2020-22059 Filed 10-21-20; 8:45 am]
BILLING CODE 9110-04-P