[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18412-18414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08873]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective May 29, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0549 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 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 Information and Regulatory History

    On August 15, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Grounds; Galveston Harbor, Bolivar 
Roads Channel, Galveston, Texas (82 FR 38643). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this Anchorage Area. During the comment period that ended, 
October 16, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule 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

[[Page 18413]]

anchorage for vessels that are awaiting an exam or inspection. We are 
amending 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 rule.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 15, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a new anchorage Area known as Anchorage Area 
Alpha (A) East. This anchorage area is 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 Sec.  110.197(a)(4) in the 
regulatory text at the end of this document. The anchorage area is 
approximately 0.19 square miles.
    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.

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, 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 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 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 received 00 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.
    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.
    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

[[Page 18414]]

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, which guides 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 the establishment of a permanent 
anchorage area in Bolivar Roads near Galveston, Texas. 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.

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.

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, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


0
2. In Sec.  110.197, add 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.
* * * * *

    Dated: April 23, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-08873 Filed 4-26-18; 8:45 am]
 BILLING CODE 9110-04-P