[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Rules and Regulations]
[Page 13629-13630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD08-02-017]
RIN 1625-AA01 [Formerly RIN 2115-AA98]
Anchorage Regulation; Boothville Anchorage, Venice, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising its regulation on Boothville
Anchorage, located near mile 12.9, Lower Mississippi River, Venice,
Louisiana. This revision is necessary to accommodate the construction
of Sea Point, a container transshipment facility. The anchorage is
reduced in size approximately 0.8 miles.
DATES: This rule is effective April 21, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of [CGD08-02-017] and are available for inspection or copying
at Commander, Eighth Coast Guard District (m), Hale Boggs Federal
Bldg., 501 Magazine Street, New Orleans, LA 70130, between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Karrie Trebbe, Project
Manager for Eighth Coast Guard District Commander, telephone (504) 589-
6271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 12, 2002, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled ``Anchorage Regulation; Boothville
Anchorage, Venice, LA'', in the Federal Register (67 FR 68540). We
received no comments on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
The Coast Guard received a request from Sea Point LLC to reduce the
size of the Boothville Anchorage by approximately 0.8 miles in order to
accommodate the construction of Sea Point, a container transshipment
facility in Venice, Louisiana. Sea Point is designed to allow for the
immediate transfer of containers from deep draft vessels to barges
destined for ports on the Mississippi River and along the Gulf of
Mexico.
Sea Point LLC has advised two local pilot organizations of its
intended construction. The Crescent River Pilot's Association and the
Associated Federal Pilots and Docking Masters of Louisiana, two
organizations whose members pilot vessels through this area and anchor
vessels in the anchorage, voiced no objections to the proposed
reduction of the size of the anchorage.
Discussion of Comments and Changes
We received no comments on the proposed rule. Therefore, we have
made no changes to the provisions of the proposed rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory and Planning and Review, and
does not require an assessment of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10(e) of the regulatory
policies and procedures of DOT is unnecessary. This anchorage is
primarily used for deep draft vessels waiting for mooring facilities
further up river, vessels waiting for fog to dissipate, and for vessels
waiting for heavy weather in the Gulf of Mexico to diminish. The
revision will not obstruct the regular flow of traffic nor will it
adversely affect vessels requiring anchorage, as the anchorage has been
more than ample to accommodate all vessels desiring to use it.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601--612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 because this anchorage is primarily used for deep draft
vessels waiting for mooring facilities further up river, vessels
waiting for fog to dissipate, and vessels waiting for heavy weather in
the Gulf of Mexico to diminish. The shortening of this anchorage will
not obstruct the regular flow of traffic nor have an adverse impact to
anchoring vessels.
If you are a small business entity and are significantly affected
by this regulation please contact Lieutenant (LT) Karrie Trebbe,
Project Manager for Eighth Coast Guard District Commander, telephone
(504) 589-6271.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so they could better evaluate its
effects on them and participate in the rulemaking processes.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
[[Page 13630]]
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order. 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(f) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because this rule is a reduction of the
size of an anchorage already in effect.
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
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
2. Amend Sec. 110.195 by revising paragraph (a)(4) to read as
follows:
Sec. 110.195 Mississippi River below Baton Rouge, LA, including South
and Southwest Passes.
(a) * * *
(4) Boothville Anchorage. An area 5.5 miles in length along the
right descending bank of the river extending from mile 13.0 to mile
18.5 above Head of Passes. The width of the anchorage is 750 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
250 feet from the water's edge into the river as measured from the Low
Water Reference Plane (LWRP). The outer boundary of the anchorage is a
line parallel to the nearest bank 1,000 feet from the water's edge into
the river as measured from the LWRP.
* * * * *
Dated: February 13, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth District Coast Guard.
[FR Doc. 03-6631 Filed 3-19-03; 8:45 am]
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