Anchorage Grounds; Atlantic Ocean, Jacksonville, FL, 67278-67280 [2020-22059]
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Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
• Individuals traveling for tourism
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apply to air, freight rail, or sea travel
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but does apply to passenger rail,
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temporary in nature and shall remain in
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November 21, 2020. This Notification
may be amended or rescinded prior to
that time, based on circumstances
associated with the specific threat.
The Commissioner of U.S. Customs
and Border Protection (CBP) is hereby
directed to prepare and distribute
appropriate guidance to CBP personnel
on the continued implementation of the
temporary measures set forth in this
Notification. The CBP Commissioner
may determine that other forms of
travel, such as travel in furtherance of
economic stability or social order,
constitute ‘‘essential travel’’ under this
Notification. Further, the CBP
Commissioner may, on an
individualized basis and for
humanitarian reasons or for other
purposes in the national interest, permit
the processing of travelers to the United
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The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, has
delegated the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel for
DHS, for purposes of publication in the
Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
The Drug Enforcement
Administration is correcting a final rule
that published in the Federal Register
on September 30, 2020. The final rule
implemented the Ryan Haight Online
Pharmacy Consumer Protection Act of
2008. This change will provide clarity.
SUMMARY:
DATES:
Effective October 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Scott A. Brinks, Diversion Control
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (571) 362–3261.
SUPPLEMENTARY INFORMATION:
BILLING CODE 9112–FP–P
The Controlled Substances Act (CSA)
grants the Attorney General authority to
promulgate rules and regulations
relating to the registration and control of
the manufacture, distribution, and
dispensing of controlled substances; as
well as the maintenance and submission
of records and reports of registrants; and
that are necessary and appropriate for
the efficient execution of his statutory
functions. 21 U.S.C. 821, 827, 871(b).
The Attorney General is further
authorized by the CSA to promulgate
rules and regulations relating to the
registration and control of importers and
exporters of controlled substances. 21
U.S.C. 958(f). The Attorney General has
delegated this authority to the
Administrator of the DEA. 28 CFR
0.100(b).
Technical Correction
In FR Rule Doc. 2020–21310,
beginning on page 61594 in the Federal
Register of Wednesday, September 30,
2020, the following correction is made:
[Corrected]
1. On page 61601, in the ‘‘Application
fee ($)’’ column of the paragraph
(e)(1)(iv) table, ‘‘731’’ is corrected to
read ‘‘888’’.
■
DEPARTMENT OF JUSTICE
Coast Guard
33 CFR Part 110
[Docket Number USCG–2016–0897]
RIN 1625–AA01
Anchorage Grounds; Atlantic Ocean,
Jacksonville, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
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
Emily.T.Sysko@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Legal Authority
§ 1301.13
[FR Doc. 2020–23394 Filed 10–21–20; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Drug Enforcement Administration
Timothy J. Shea,
Acting Administrator.
21 CFR Part 1301
[FR Doc. 2020–22761 Filed 10–21–20; 8:45 am]
[Docket No. DEA–322]
BILLING CODE 4410–09–P
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
§ Section
SJBPA St. Johns Bar Pilots Association
U.S.C. United States Code
USCG United States Coast Guard
WAMS Waterways Analysis and
Management System
RIN 1117–AB20
II. Background Information and
Regulatory History
Implementation of the Ryan Haight
Online Pharmacy Consumer Protection
Act of 2008; Correction
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
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule; correction.
AGENCY:
VerDate Sep<11>2014
18:25 Oct 21, 2020
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Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
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
VerDate Sep<11>2014
16:23 Oct 21, 2020
Jkt 253001
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.
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67279
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
E:\FR\FM\22OCR1.SGM
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67280
Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
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
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16:23 Oct 21, 2020
Jkt 253001
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
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.
■
2. Add § 110.184 to read as follows:
§ 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°26″48.6′ N,
81°17″14.9′ W.
(2) Anchorage Ground 2 with a center
point in position 30°26″20.5′ N,
81°17″30.8′ W; and
(3) Anchorage Ground 3 with a center
point in position 30°26″20.2′ N,
81°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
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Sfmt 4700
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0612]
RIN 1625–AA00
Safety Zone; Environmental Response,
Breton Sound, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of Breton Sound,
SUMMARY:
E:\FR\FM\22OCR1.SGM
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]]>Agencies
[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
