Anchorage Grounds; Atlantic Ocean, Jacksonville, FL

Citation85 FR 67278
Record Number2020-22059
Published date22 October 2020
SectionRules and Regulations
CourtCoast Guard
Federal Register, Volume 85 Issue 205 (Thursday, October 22, 2020)
[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]
                =======================================================================
                -----------------------------------------------------------------------
                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.
                -----------------------------------------------------------------------
                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
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT