[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38643-38645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17144]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0549]
RIN 1625-AA01


Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, 
Galveston, Texas

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 38644]]

SUMMARY: The Coast Guard proposes to establish a new anchorage area, 
Anchorage Area Alpha (A) East in Bolivar Roads near Galveston, Texas. 
The establishment of this additional anchorage area would enhance 
navigational safety, support regional maritime security needs, and 
contribute to the free flow of commerce in the Houston-Galveston area. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 16, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0549 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander (LCDR) Navin 
Griffin, Sector Houston-Galveston, U.S. Coast Guard; telephone (281) 
464-4736, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The legal basis and authorities for this notice of proposed 
rulemaking are found in 33 U.S.C. 471, 1221 through 1236; 33 CFR 1.05-
1, Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory anchorages.
    After extensive discussion, including the observations of and 
comments from various members of the port community, the Coast Guard 
has determined that the establishment of Anchorage Area (A) East in the 
Bolivar Roads area is necessary to address port security, port 
congestion, and navigation safety concerns. The proposed anchorage area 
was once an area utilized for spoils from dredging and is equipped to 
safely receive deep draft vessels. This proposed anchorage is primarily 
intended as an overflow anchorage for vessels that are awaiting an exam 
or inspection. We are proposing to amend 33 CFR 110.197 to establish 
Anchorage Area (A) East in order to increase the safety of life and 
property on navigable waters, improve the safety of vessels operating, 
transiting, or anchored and moored in the vicinity, and provide for the 
overall safe and efficient flow of vessel traffic and commerce in the 
area.
    The Coast Guard has ascertained the view of the Galveston, TX 
District and Division Engineer, Corps of Engineers, U.S. Army, about 
the specific provisions of this proposed rule.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a new anchorage area to 
be known as Anchorage Area Alpha (A) East. This anchorage area would be 
located in the Galveston Harbor and Bolivar Roads Channel, TX, just 
east and adjacent to established Anchorage Area (A) in 33 CFR 
110.197(a)(1). The boundaries of Anchorage Area Alpha (A) East are 
presented in proposed Sec.  110.197(a)(4) in the regulatory text at the 
end of this document. The anchorage area would be approximately 0.19 
square miles.
    Proposed Anchorage Area (A) East is intended for temporary use by 
vessels of all types. Vessels will be allowed to occupy the anchorage 
areas 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 operations. Vessels would also be allowed to use anchorage 
areas while awaiting weather and other conditions favorable to resuming 
their voyage. However, it is to be emphasized that this anchorage is 
primarily intended as an overflow anchorage for vessels that are 
awaiting an exam or inspection. Vessels would not be allowed to anchor 
so as to obstruct the passage of other vessels proceeding to and from 
anchorage spaces. Anchors would not be placed in the channel and no 
portion of the hull or rigging would be allowed to extend outside the 
limits of the anchorage area.
    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.

IV. Regulatory Analyses

    We developed this proposed 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 and 
we discuss First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this NPRM 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 location and 
size of the proposed anchorage grounds, as well as historical automatic 
identification system (AIS) data. The impacts on routine navigation are 
expected to be minimal because the proposed anchorage area is located 
outside of the established navigation channel. When not occupied, 
vessels would be able to maneuver in, around, and through the 
anchorage. Operators on our end maneuvering their vessels around the 
limits of the proposed anchorage area would not be significantly 
impacted.

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 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.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. The anchorage area 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 think that your business, organization, or governmental

[[Page 38645]]

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.
    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. 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves the 
establishment of a permanent anchorage area in Bolivar Roads near 
Galveston, Texas. Normally such actions are categorically excluded from 
further review under paragraph 34(f) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and Categorical Exclusion Determination are available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. In Sec.  110.197, add new paragraph (a)(4) to read as follows:


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

    (a) * * *
    (4) Anchorage Area (A) East. The waters bounded by a line 
connecting the following points:

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                 Latitude                             Longitude
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29[deg]21'5.87'' N........................  094[deg]42'52.7'' W
29[deg]20'53.99'' N.......................  094[deg]42'7.13'' W
29[deg]20'45.31'' N.......................  094[deg]42'37.75'' W
29[deg]20'39.16'' N.......................  094[deg]42'7.81'' W
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and thence to the point of beginning. The coordinates are based on NAD 
83.
* * * * *

David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-17144 Filed 8-14-17; 8:45 am]
 BILLING CODE 9110-04-P