[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31675-31676]
[FR Doc No: 2020-09401]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2014-0991]
RIN 1625-AA01

Anchorage Grounds; Lower Mississippi River Below Baton Rouge, LA,
Including South and Southwest Passes; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting a 2017 interim rule involving four
anchorage grounds on the Lower Mississippi River below Baton Rouge as a
final rule. The interim rule established two anchorage grounds and
revised two others which increased the available anchorage grounds
necessary to accommodate vessel traffic. After considering comments on
that rule we have decided to adopt it as final without change which now
completes this rulemaking.

DATES: This rule is effective June 26, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2014-0991 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 about this
rulemaking, call or email Lieutenant Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

ANPRM Advance noticed of proposed rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Coast Guard Sector New Orleans received a request from the Crescent
River Pilots Association and the New Orleans Baton Rouge Rivers Pilots
Association to establish new anchorages and to amend existing
anchorages. In response, on April 3, 2015, the Coast Guard published an
advance notice of proposed rulemaking (ANPRM) titled ``Anchorage
Grounds: Lower Mississippi River below Baton Rouge, LA, including South
and Southwest Passes; New Orleans, LA'' (80 FR 18175). There we stated
why we issued the ANPRM, and invited comments on potential regulatory
action related to this anchorage grounds rule. During the comment
period that ended June 2, 2015, we received three comments on the
ANPRM.
    After reviewing the received comments on the ANPRM, the Coast Guard
moved forward with establishing the anchorages by publishing an interim
rule on June 14, 2017 (82 FR 27112). That interim rule solicited new
comments as well as established the anchorages on an interim basis to
allow for observance of functional suitability over a period of time.
During the comment period that ended October 12, 2017, no new comments
were received. This final rule is completing this rulemaking by
adopting the interim rule as final.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
471 that has been delegated from the Secretary of Homeland Security to
the Coast Guard. We have determined that the maritime or commercial
interests of the United States require such anchorage grounds for safe
navigation in the Lower Mississippi River.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the interim rule
published June 14, 2017. Therefore, the Coast Guard intends to move
forward and is adopting the interim rule as final without any changes.

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 these anchorages
being in effect from June 14, 2017, through an interim rule with no
negative comments received since. In addition, these anchorages are on
the side of the river and easily navigated around by all marine
traffic.

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 0 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.
    This rule does not have a significant impact on a substantial
number of small entities. The rule adopts a previously implemented
interim rule amending two existing anchorages and creating two new
anchorages. These anchorages are in the Federal Channel, a safe
distance from shore, off revetment, in safe water, and do conflict with
any other permit or impede safe navigation.
    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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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). 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

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 completes a
rulemaking that involves the revision of two anchorage grounds and the
establishment of two anchorage grounds. It is categorically excluded
from further review under paragraph L59(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

PART 110--ANCHORAGE REGULATIONS

0
For the reasons discussed in the preamble, under authority of 33 U.S.C.
471; 33 CFR 1.05-1; and Department of Homeland Security Delegation No.
0170.1, the interim rule amending 33 CFR part 110 that was published at
82 FR 27112 on June 14, 2017, is adopted as a final rule without
change.

    Dated: April 27, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09401 Filed 5-26-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44094-44095]
[FR Doc No: 2015-17946]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC15-9-000]

Commission Information Collection Activities (FERC-546); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comment on the
currently approved information collection, FERC-546 (Certificated Rate
Filings).

DATES: Comments on the collection of information are due September 22,
2015.

ADDRESSES: You may submit comments (identified by Docket No. IC15-9-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-546 (Certificated Rate Filings).
    OMB Control No.: 1902-0155.
    Type of Request: Three-year extension of the FERC-546 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The Commission reviews the FERC-546 materials to decide
whether to determine an initial rate associated with an application for
a certificate under NGA section 7(c). FERC reviews FERC-546 materials
in 4(f) storage applications to evaluate market power and decide
whether to grant, deny, or condition market based rate authority for
the applicant. The Commission uses the FERC-546 information to monitor
jurisdictional transportation, natural gas storage, and unbundled sales
activities of interstate

natural gas pipelines and Hinshaw \1\ pipelines. In addition to
fulfilling the Commission's obligations under the NGA, the FERC-546
enables the Commission to monitor the activities and evaluate
transactions of the natural gas industry, and to ensure
competitiveness, and improved efficiency of the industry's operations.
In summary, the Commission uses the FERC-546 information to:
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    \1\ Hinshaw pipelines are those that receive all out-of-state
gas from entities within or at the boundary of a state if all the
natural gas so received is ultimately consumed within the state in
which it is received, 15 U.S.C. 717(c). Congress concluded that
Hinshaw pipelines are ``matters primarily of local concern,'' and so
are more appropriately regulated by pertinent state agencies rather
than by FERC. The Natural Gas Act section 1(c) exempts Hinshaw
pipelines from FERC jurisdiction. A Hinshaw pipeline, however, may
apply for a FERC certificate to transport gas outside of state
lines.
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     Ensure adequate customer protections under section 4(f) of
the NGA;
     review rate and tariff changes by natural gas companies
for the transportation of gas, natural gas storage services;
     provide general industry oversight; and
     supplement documentation during its audits process.
    Failure to collect this information would prevent the Commission
from being able to monitor and evaluate transactions and operations of
interstate pipelines and perform its regulatory functions.
    Type of Respondents: Pipeline companies and storage operators.
    Estimate of Annual Burden: \2\ The Commission estimates the annual
public reporting burden for the information collection as:
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    \2\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, refer to 5 Code of Federal
Regulations 1320.3.

                                                          FERC-546 (Certificated Rate Filings)
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                                                                                Average      Total annual
                                                             Number of     Annual number   Total number    burden & cost  burden hours &     Cost per
                                                            respondents    of responses    of responses    per response    total annual   respondent ($)
                                                                          per respondent                        \3\            cost
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                (3)                             (5)
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Pipeline Companies......................................              50               1              50        40 hrs.;     2,000 hrs.;           2,880
                                                                                $2,880        $144,000
Storage Operators.......................................               1               1               1       350 hrs.;       350 hrs.;          25,200
                                                                                $25,200         $25,200
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    Total...............................................  ..............  ..............  ..............  ..............     2,350 hrs.;
                                                                                $169,200
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \3\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $72.00 per
Hour = Average Cost per Response. The hourly cost figure comes from
the 2015 FERC average salary and benefits (for one Full Time
Equivalent) of $149,489/year. FERC staff believes that industry's
hourly cost (salary and benefits) for this collection are similar to
FERC staff costs.

    Dated: July 16, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-17946 Filed 7-23-15; 8:45 am]
BILLING CODE 6717-01-P