[Federal Register: April 27, 2005 (Volume 70, Number 80)]
[Proposed Rules]
[Page 21698-21700]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap05-36]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD08-05-016]
RIN 1625-AA01
Anchorage Regulations; Mississippi River Below Baton Rouge, LA,
Including South and Southwest Passes
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the anchorage regulations
for the Mississippi River below Baton Rouge, LA, including South and
Southwest Passes in order to improve safety at the Lower Kenner Bend
Anchorage. This proposed rule is needed to protect aircraft passengers
and crew, mariners and the public from the potential safety hazards
associated with the ascent and descent of aircraft over vessels
anchored in the vicinity of the Louis Armstrong New Orleans
International Airport, New Orleans, LA.
DATES: Comments and related material must reach the Coast Guard on or
before May 27, 2005.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 500 Poydras
Street, New Orleans, LA 70131, Attn: Lieutenant Kevin Lynn. The Eighth
Coast Guard District Commander maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Eighth Coast Guard District (m), Hale Boggs Federal Bldg.,
500 Poydras Street, New Orleans, LA 70131 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Kevin Lynn, Project
Manager for the Eighth Coast Guard District Commander, Hale Boggs
Federal Bldg., 500 Poydras Street, New Orleans, LA 70130, telephone
(504) 589-6271.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-05-
016], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District (m), at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
Runway 1-19 at the Louis Armstrong New Orleans International
Airport is positioned in a north-south line running parallel to the
Airport Access Road. Aircraft approaching the runway from the south or
departing the runway from the north pass over the Lower Kenner Bend
Anchorage. Due to the close proximity of Runway 1-19 to Kenner Bend,
aircraft occasionally descend and ascend directly over vessels anchored
in the Lower Kenner Bend Anchorage, creating a potentially dangerous
situation that is of particular concern during periods of reduced
visibility. Aircraft approaching the runway from the south follow a
descending glide slope path with a minimum height of 311 feet above
mean sea level over the Kenner Bend Anchorage. Certain vessels with
cargo handling equipment such as cranes and booms are capable of
extending this equipment to a height upwards of 300 feet above the
waterline. This amendment to the anchorage regulations for the
Mississippi River below Baton Rouge, LA, including South and Southwest
Passes is proposed to prohibit vessels that are anchored in the Lower
Kenner Bend Anchorage from engaging in cargo transfer operations or
exercising any cargo handling equipment such as cranes or booms while
at anchor. This proposed amendment is needed to increase safety at
Kenner Bend by reducing the potential for collision between aircraft
and vessels anchored in the Lower Kenner Bend Anchorage.
Discussion of Proposed Rule
The Coast Guard proposes to amend the anchorage regulations for the
Mississippi River below Baton Rouge, LA, including South and Southwest
Passes in order to improve safety at the Lower Kenner Bend Anchorage.
This proposed amendment would prohibit vessels that are anchored in the
Lower Kenner Bend Anchorage from engaging in cargo transfer operations
or exercising any cargo handling equipment such as cranes or booms
while at anchor.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to anchor in the Lower Kenner Bend Anchorage. This
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This proposed rule does not prohibit vessels from anchoring in the
Lower Kenner Bend Anchorage; and (2) Cargo transfer operations are not
typically conducted at the Lower Kenner Bend Anchorage.
[[Page 21699]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Kevin Lynn at (504)
589-6271.
Collection of Information
This proposed rule would call 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 proposed 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 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 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.
Energy Effects
We have analyzed this proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule would not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(f), of the Instruction, from further environmental
documentation because this rule is not expected to result in any
significant adverse environmental impact as described in the National
Environmental Policy Act of 1969 (NEPA).
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage Regulations.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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 and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. Revise paragraph 110.195(c)(6) to read as follows:
Sec. 110.195 Mississippi River below Baton Rouge, LA, including South
and Southwest Passes.
* * * * *
(c) * * *
(6) The intention to transfer any cargo while in an anchorage shall
be reported to the Captain of the Port, giving particulars as to name
of ships involved, quantity and type of cargo, and expected duration of
the operation.
The Captain of the Port shall be notified upon completion of
operations. Cargo transfer operations are not
[[Page 21700]]
permitted in the New Orleans General, Quarantine or Lower Kenner Bend
Anchorages. Vessels at anchor in the Lower Kenner Bend Anchorage shall
not exercise any cargo handling equipment. Bunkering and similar
operations related to ship's stores are exempt from reporting
requirements.
* * * * *
Dated: April 11, 2005.
R. F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-8458 Filed 4-26-05; 8:45 am]
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