[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Pages 25496-25498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11810]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD08-02-018]
RIN 1625-AA01 [Formerly RIN 2115-AA98]


Anchorage Regulation; Bolivar Roads, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

DATES: This rule is effective June 12, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD08-02-018] and are available for inspection or 
copying at Commander, Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, LA 70130, between 8 
a.m. and 4 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:

Regulatory Information

    On January 28, 2003, the Coast Guard published a notice of proposed 
rule making (NPRM) entitled ``Anchorage Regulation; Bolivar Roads, 
Galveston, TX'', in the Federal Register (68 FR 4130). We received no 
comments on the proposed rule. No public hearing was requested, and 
none was held.

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 proposed a 
third anchorage area, anchorage area (C), in Bolivar Roads. This new 
anchorage area, located inside the Galveston Bay Entrance Jetties, will 
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 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.

Discussion of Comments and Changes

    We received no comments on the proposed rule. Therefore, we have 
made no substantial changes to the provisions of the proposed rule.
    Minor changes were made to the Regulatory Evaluation and authority 
sections due to the Coast Guard's transfer from the Department of 
Transportation to the Department of Homeland Security on March 1, 2003.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory and Planning and Review, and 
does not require an assessment of potential costs and benefits under 
section 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    The anchorage area will not unnecessarily restrict traffic as it is 
located outside the established navigable channel. Vessels will be able 
to maneuver in, around and through the anchorage. Operators who choose 
to maneuver their vessels around the limits of the anchorage area will 
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 
considered whether this 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

[[Page 25497]]

governmental jurisdictions with populations of less than 50,000.
    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. The rule may potentially affect the following entities, some 
of which may be small entities: the owners or operators of vessels 
intending to fish or anchor in, or transit through the 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 anchorage is located in an area 
of Bolivar Roads that is not a popular or productive fishing location. 
Further, the location is in an area not routinely transited by vessels 
heading to, or returning from, known fishing grounds. Finally, the 
anchorage is 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 are a small business entity and are significantly affected 
by this regulation please contact Lieutenant (LT) Karrie Trebbe, 
Project Manager for Eighth Coast Guard District Commander, telephone 
(504) 589-6271.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking processes.
    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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1 paragraph (34)(f), of the instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in NEPA. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; Department of Homeland Security Delegation No. 0170 and 33 CFR 
1.05-1(g).


0
2. Amend Sec.  110.197 to add 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]21'24.0'' N........................  94[deg]46'34.0'' W.
29[deg]21'14.5'' 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 vessels awaiting 
weather and other conditions favorable to the resumption of their 
voyages.

[[Page 25498]]

    (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: April 21, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-11810 Filed 5-12-03; 8:45 am]
BILLING CODE 4910-15-P