[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63245-63247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc06-11]
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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: Final rule.
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SUMMARY: The Coast Guard has amended 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 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: This rule is effective November 29, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD08-05-016] and are available for
inspection or copying at U.S. Coast Guard D8, 500 Poydras Street, New
Orleans, Louisiana 70130-3396 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Douglas Blakemore, Waterways
Management Branch, Eighth Coast Guard District, 500 Poydras Street, New
Orleans, LA 70130-3396. Telephone (504) 671-2109; facsimile (504) 671-
2137. Please cite CGD08-05-016.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 27, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Mississippi River Below Baton
Rouge, LA, Including South and Southwest Passes'' in the Federal
Register (70 FR 21698). We received 4 letters commenting on this rule.
A public meeting was held at the Hale Boggs Federal Building, 500
Poydras Street, New Orleans, LA on January 4, 2006 (70 FR 76320,
December 23, 2005). The three comments from this public meeting are
included in this rulemaking.
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. Officials from Louis Armstrong New Orleans International
Airport have stated that 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 prohibits vessels from using ship's hold cargo cranes.
Vessels in this anchorage must keep their cargo gear in their cradles
as rigged for sea transits. This restriction does not apply to the use
of deck-mounted store cranes, deck booms, or stiff legs, nor is it
intended to restrict ships or ocean-going barges from moving manifold
hoses.
Discussion of Comments and Changes
Four commenters stated that the Lower Kenner Bend Anchorage was
important to the maritime industry and were concerned that the Coast
Guard would completely remove Lower Kenner Bend as an anchorage. We
agree with this assessment and have no intentions to remove this
anchorage.
Three commenters objected that this rule does not address vessel
size. Small vessels would not be able to use their cargo cranes even
though the vessels maximum air draft with a completely extended cargo
crane would be significantly lower than the minimum height of 311 feet
above mean sea level needed for an aircrafts descending glide slope
path over Kenner Bend Anchorage. We recognize this possibility;
however, we feel that to maintain the consistent safety of descending
airplanes over runway 1-19, we need to restrict the use of cargo cranes
for all vessels.
Three commenters objected that this rule does not allow a vessel to
take on ships stores, spare parts, supplies and fuel. We modified the
rule to specifically address this issue. Vessels at anchor in the Lower
Kenner Bend Anchorage are allowed to use deck-mounted cranes, deck
booms and stiff legs to take on stores, spare parts and to move
manifold hoses. However, cargo hold booms may not be used. In
implementing changes from the proposed rule based on comments, we added
a new paragraph to 33 CFR 110.195 instead of revising paragraph (c)(6).
Regulatory Evaluation
This 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 rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
[[Page 63246]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule has 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 does
not have a significant economic impact on a substantial number of small
entities. This rule affects 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 rule does not have a
significant economic impact on a substantial number of small entities
for the following reasons: (1) This 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule has 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 economically affects 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 rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Doug Blakemore at (504) 671-2109.
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 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 does not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does not affect 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 grounds.
0
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:
[[Page 63247]]
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.
0
2. In Sec. 110.195, redesignate paragraph (c)(7) as (c)(8) and add a
new paragraph (c)(7) to read as follows:
Sec. 110.195 Mississippi River below Baton Rouge, LA, including South
and Southwest Passes.
* * * * *
(c) * * *
(7) Vessels anchored in the Lower Kenner Bend Anchorage are
prohibited from using or exercising the ship's hold cargo cranes.
Vessels in this anchorage must keep the ship's hold cargo gear in the
down and hawsed position, as rigged for sea transits. Deck-mounted
cranes, deck booms and stiff legs may be used to take on ships stores
and spare parts and may be used to move manifold hoses.
* * * * *
Dated: October 11, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E6-18086 Filed 10-27-06; 8:45 am]
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