[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31675-31676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09401]


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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: Final rule.

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SUMMARY: The Coast Guard is adopting a 2017 interim rule involving four 
anchorage grounds on the Lower Mississippi River below Baton Rouge as a 
final rule. The interim rule established two anchorage grounds and 
revised two others which increased the available anchorage grounds 
necessary to accommodate vessel traffic. After considering comments on 
that rule we have decided to adopt it as final without change which now 
completes this rulemaking.

DATES: This rule is effective June 26, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2014-0991 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 about this 
rulemaking, call or email Lieutenant Commander Corinne Plummer, Sector 
New Orleans, U.S. Coast Guard; telephone 504-365-2375, email 
Corinne.M.Plummer@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    Coast Guard Sector New Orleans received a request from the Crescent 
River Pilots Association and the New Orleans Baton Rouge Rivers Pilots 
Association to establish new anchorages and to amend existing 
anchorages. In response, on April 3, 2015, the Coast Guard published an 
advance notice of proposed rulemaking (ANPRM) titled ``Anchorage 
Grounds: Lower Mississippi River below Baton Rouge, LA, including South 
and Southwest Passes; New Orleans, LA'' (80 FR 18175). There we stated 
why we issued the ANPRM, and invited comments on potential regulatory 
action related to this anchorage grounds rule. During the comment 
period that ended June 2, 2015, we received three comments on the 
ANPRM.
    After reviewing the received comments on the ANPRM, the Coast Guard 
moved forward with establishing the anchorages by publishing an interim 
rule on June 14, 2017 (82 FR 27112). That interim rule solicited new 
comments as well as established the anchorages on an interim basis to 
allow for observance of functional suitability over a period of time. 
During the comment period that ended October 12, 2017, no new comments 
were received. This final rule is completing this rulemaking by 
adopting the interim rule as final.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471 that has been delegated from the Secretary of Homeland Security to 
the Coast Guard. We have determined that the maritime or commercial 
interests of the United States require such anchorage grounds for safe 
navigation in the Lower Mississippi River.

[[Page 31676]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the interim rule 
published June 14, 2017. Therefore, the Coast Guard intends to move 
forward and is adopting the interim rule as final without any changes.

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 these anchorages 
being in effect from June 14, 2017, through an interim rule with no 
negative comments received since. In addition, these anchorages are on 
the side of the river and easily navigated around by all marine 
traffic.

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 0 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.
    This rule does not have a significant impact on a substantial 
number of small entities. The rule adopts a previously implemented 
interim rule amending two existing anchorages and creating two new 
anchorages. These anchorages are in the Federal Channel, a safe 
distance from shore, off revetment, in safe water, and do conflict with 
any other permit or impede safe navigation.
    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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). 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. If 
you believe this 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 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 completes a 
rulemaking that involves the revision of two anchorage grounds and the 
establishment of two anchorage grounds. It is categorically excluded 
from further review under paragraph L59(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

PART 110--ANCHORAGE REGULATIONS

0
For the reasons discussed in the preamble, under authority of 33 U.S.C. 
471; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 
0170.1, the interim rule amending 33 CFR part 110 that was published at 
82 FR 27112 on June 14, 2017, is adopted as a final rule without 
change.

    Dated: April 27, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09401 Filed 5-26-20; 8:45 am]
BILLING CODE 9110-04-P


