[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Proposed Rules]
[Pages 4130-4132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1873]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD08-02-018]
RIN 2115-AA98


Anchorage Regulation; Bolivar Roads, Galveston, TX

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to create a new anchorage area in 
Bolivar Roads near Galveston, Texas. The establishment of this new 
anchorage area would enhance navigational safety, support regional 
maritime security needs, and contribute to the free flow of commerce in 
the Houston/Galveston area.

DATES: Comments and related material must reach the Coast Guard on or 
before March 31, 2003.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans, LA 70130, or deliver comments and related material 
to Room 1341 at the same address between 8 a.m. and 3:30 p.m., Monday 
through Friday, except Federal holidays. Commander, Eighth Coast Guard 
District (m) 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 
Commander, Eighth Coast Guard District (m) between 8 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Karrie Trebbe, Project 
Manager for Eighth Coast Guard District Commander, 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 (CCGD8-02-
018), 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 a public meeting 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

    At its February 2002 meeting the Houston/Galveston Navigation 
Safety Advisory Committee (HOGANSAC) recommended establishment of a 
third anchorage area in the Galveston Bay area. HOGANSAC, a 
Congressionally-chartered Federal advisory committee, is responsible 
for advising, consulting with and making recommendations to the 
Secretary of Transportation on matters relating to the transit of 
vessels to and from the ports of Galveston, Houston and Texas City and 
the safety of maritime navigation in the Galveston Bay area. 
Participants at the February 2002 HOGANSAC meeting noted that a third 
anchorage in the Bolivar Roads area was necessary to address port 
security and navigation safety concerns. After extensive discussion, 
including the observations of and comments from members of the public 
in attendance, HOGANSAC recommended that the Coast Guard establish a 
third anchorage area in Bolivar Roads.
    Based on the recommendation of HOGANSAC the Coast Guard proposes a 
third anchorage area, anchorage area (C), in Bolivar Roads. The 
proposed anchorage area, located inside the Galveston Bay Entrance 
Jetties, would provide a sheltered location for vessels to anchor 
during heavy weather or reduced visibility conditions. The existing 
anchorages, anchorage area (A) and anchorage area (B), are generally 
full during these same periods and there is no alternative sheltered 
anchorage in Bolivar Roads. The proposed location of anchorage area 
(C), abuts the western edge of anchorage area (B), is in a naturally 
deep portion of Bolivar Roads, and is outside any heavily traveled 
section of the waterway.
    This third anchorage area is also necessary because port security-
related initiatives adopted by various terminals and facilities in the 
Galveston Bay area have restricted pier side operations critical to the 
efficient flow of maritime commerce. For example, bunkering, provisions 
deliveries, and personnel transfer operations are restricted or 
prohibited by numerous facilities in the ports of Galveston, Houston 
and Texas City. The nature of those activities requires that they be 
accomplished in calm water conditions and relatively close to shore. As 
a result, vessel operators and ship owners rely upon the existing 
anchorage areas (anchorage areas (A) and (B)) in Galveston Bay to 
conduct these operations. Increasingly, anchorage space in those areas 
is in high demand. A third designated anchorage area would relieve 
congestion and provide anchorage space to accommodate the ever-
increasing volumes of traffic in the Galveston Bay area.

[[Page 4131]]

Discussion of Proposed Rule

    The proposed amendment would create a new anchorage area, to be 
known as anchorage area (C), bounded by rhumb lines joining points at:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
29[deg]20'39.0'' N.....................  94[deg]46'07.5'' W.
29[deg]21'06.1'' N.....................  94[deg]47'00.2'' W.
29[deg]21'24.0'' N.....................  94[deg]46'34.0'' W.
29[deg]21'14.5'' N.....................  94[deg]45'49.0'' W.
------------------------------------------------------------------------

    The anchorage area would be for the temporary use by vessels of all 
types. Vessels may occupy the anchorage area during a wide range of 
conditions and for a broad variety of purposes. For example, vessels 
would be allowed to anchor temporarily while taking on stores, 
transferring personnel, or engaging in bunkering or lightering 
operations. Vessels would also be allowed to use the anchorage area 
while awaiting weather and other conditions favorable to resuming their 
voyage. Except when stress of weather makes sailing impractical or 
hazardous, vessels would not be allowed to anchor in anchorage area (C) 
for more than 48 hours unless authorized by the Captain of the Port 
Houston-Galveston. Authorization to remain for more than 48 hours would 
be obtained via VHF-FM radio through Coast Guard Vessel Traffic Service 
Houston/Galveston. No vessel with a draft of less than 16 feet would be 
allowed to occupy anchorage area (C) without prior approval of the 
Captain of the Port Houston-Galveston. Vessels would not be allowed to 
anchor so as to obstruct the passage of other vessels proceeding to and 
from other anchorage spaces. Anchors would not be placed in the channel 
and no portion of the hull or rigging of any anchored vessel would be 
allowed to extend outside the limits of the anchorage area. Vessels 
using spuds for anchors would have to anchor as close to shore as 
practicable. Fixed moorings, piles or stake and floats, and buoys for 
marking anchorages or moorings in place would be prohibited. Whenever 
the maritime or commercial interests of the United States so require, 
the Captain of the Port Houston-Galveston or his designated 
representative may direct the movement of any vessel anchored or moored 
within the anchorage areas.

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 
Transportation (DOT) (44 FR 11040, February 26, l979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10 (e) of the 
regulatory policies and procedures of DOT is unnecessary. The proposed 
anchorage area would not unnecessarily restrict traffic as it is 
located outside of the established navigation channel. Vessels would be 
able to maneuver in, around and through the anchorage. Operators who 
choose to maneuver their vessels around the limits of the proposed 
anchorage area would not be significantly impacted because the total 
route deviation to cross from one side of the anchorage to the other 
following the perimeter of the anchorage is only 1.4 nautical miles.

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 could potentially affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels intending to fish or anchor in, or 
transit through, the proposed anchorage area (C) in Bolivar Roads.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. The proposed anchorage would be 
located in an area of Bolivar Roads that is not a popular or productive 
fishing location. Further, the proposed location is in an area not 
routinely transited by vessels heading to, or returning from, known 
fishing grounds. Finally, the anchorage would be located in an area 
that is not currently used by small entities, including small vessels, 
for anchoring due to the depth of water naturally present in the area.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 LT Karrie Trebbe, Project 
Manager for Eighth Coast Guard District Commander, 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 an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 4132]]

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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on to best carry out the order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(f), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because it is a regulation establishing an 
additional anchorage ground. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    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, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. In Sec.  110.197, add a new paragraph (a)(3), and revise 
paragraph (b) to read as follows:


Sec.  110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

    (a) * * *
    (3) Anchorage area (C). The water bounded by a line connecting the 
following points:

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
29[deg]20'39.0'' N.....................  94[deg]46'07.5'' W
29[deg]21'06.1'' N.....................  94[deg]47'00.2'' W
29[deg]21'14.5'' N.....................  94[deg]46'34.0'' W
29[deg]21'24.0'' N.....................  94[deg]45'49.0'' W
------------------------------------------------------------------------


and thence to the point of beginning.
    (b) The regulations. (1) The anchorage area is for the temporary 
use of vessels of all types, but especially for naval and merchant 
vessels awaiting weather and other conditions favorable to the 
resumption of their voyages.
    (2) Except when stress of weather makes sailing impractical or 
hazardous, vessels shall not anchor in anchorage areas (A) or (C) for 
more than 48 hours unless expressly authorized by the Captain of the 
Port Houston-Galveston. Permission to anchor for longer periods may be 
obtained through Coast Guard Vessel Traffic Service Houston/Galveston 
on VHF-FM channels 12 (156.60 MHz) or 13 (156.65 MHz).
    (3) No vessel with a draft of less than 22 feet may occupy 
anchorage (A) without prior approval of the Captain of the Port.
    (4) No vessel with a draft of less than 16 feet may anchor in 
anchorage (C) without prior approval of the Captain of the Port 
Houston-Galveston.
    (5) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors shall not be placed in the channel and no portion of 
the hull or rigging of any anchored vessel shall extend outside the 
limits of the anchorage area.
    (7) Vessels using spuds for anchors shall anchor as close to shore 
as practicable, having due regard for the provisions in paragraph 
(b)(5) of this section.
    (8) Fixed moorings, piles or stakes, and floats or buoys for 
marking anchorages or moorings in place, are prohibited.
    (9) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, or his authorized 
representative, may direct the movement of any vessel anchored or 
moored within the anchorage areas.

    Dated: January 3, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1873 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-15-P