[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Proposed Rules]
[Pages 4919-4921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01347]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2019-0028]
RIN 1625-AA01


Anchorage; Galveston Harbor, Bolivar Roads Channel, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a 48-hour time limit 
in Anchorage Area (B) in Bolivar Roads near Galveston, Texas. Currently 
anchorage areas (A) and (C) in the Bolivar Roads Channel have a 48-hour 
time limit, however anchorage (B) does not. This has resulted in 
vessels remaining in anchorage (B) for extended periods, blocking other 
vessels with pressing logistical needs, adversely affecting commerce 
and impacting navigational safety. Except when stress of weather makes 
sailing impractical or hazardous, under this proposed rule, vessels 
would not be permitted to anchor in anchorage area (B) for more than 48 
hours unless expressly authorized by the Captain of the Port Houston-
Galveston. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 27, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0028 using the Federal eRulemaking Portal at https://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 LCDR Sarah Rousseau or LT Nathaniel 
Clinger, Sector Houston-Galveston Waterways Management Division, U.S. 
Coast Guard; telephone 281-464-4736/4782, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DC District Commander
DHS Department of Homeland Security
FR Federal Register
HSC Lone Star Harbor Safety Committee
LCDR Lieutenant Commander
LT Lieutenant
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
VTS Coast Guard Vessel Traffic Service Houston/Galveston

II. Background, Purpose, and Legal Basis

    On October 11, 2018, the Texas Lone Star Harbor Safety Committee 
requested a regulatory change to the Galveston Harbor Bolivar Roads 
Anchorage area (B). The HSC submitted a recommendation to the Sector 
Houston-Galveston Captain of the Port that Anchorage area (B) be 
regulated under the same 48-hour time limit as the adjacent Anchorage 
areas (A) and (C). The HSC developed a working group, the Anchorage 
Working Group, to assess the optimal ways to use the anchorage to 
facilitate safety and efficiency within the port.
    The purpose of this rulemaking is to align the Galveston Harbor 
Bolivar Roads Anchorage area (B) to the adjacent anchorages, necessary 
to address port congestion and navigation safety concerns. The local 
VTS will continue to monitor and control vessel movement within the 
Anchorage area (B); in addition, the VTS will be allowed to grant 
extensions for extenuating circumstances. The Coast Guard is proposing 
to revise 33 CFR 110.197 to establish the 48-hour time limit in the 
Anchorage area (B). Given the limited anchorage space available, the 
anchorage will 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 legal basis and authorities for this notice of proposed 
rulemaking are found in 33 U.S.C. 471 which authorizes the Coast Guard 
to propose, establish, and define regulatory anchorages.

III. Discussion of Proposed Rule

    The Commander of the Coast Guard Eighth District is proposing to 
establish a 48-hour anchorage time limit in the Galveston Harbor 
Bolivar Roads Anchorage area (B). This 48-hour

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restriction currently applies to the Galveston Harbor Bolivar Roads 
Anchorage areas (A) and (C). The proposed regulation would revise 33 
CFR 110.197(b)(2), to include Anchorage area (B). The local Coast Guard 
VTS will monitor the anchorage and adhere to existing language within 
the regulation. The proposed regulatory text appears at the end of this 
document.

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.

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, the 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 anchorage 
duration of vessels in a previously established anchorage ground. This 
regulation will have a positive impact on vessel traffic of the 
waterway, increasing the efficiency of the limited inshore anchorage 
space for Houston and Galveston.

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 
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 Directive 023-01 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 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 
establishing a 48-hour anchor time limit in the Galveston Harbor 
Bolivar Roads Anchorage area B. Normally such actions are categorically 
excluded from further review under paragraph L59(b) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 
A preliminary Record of Environmental Consideration supporting this 
determination is 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.

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 https://

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www.regulations.gov. If your material cannot be submitted using https://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://www.regulations.gov and can be viewed by following that website'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 is 
proposing 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, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  110.197 paragraph (b)(2) to read as follows:


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

* * * * *
    (b) * * *
    (2) Except when stress of weather makes sailing impractical or 
hazardous, vessels shall not anchor in anchorage areas (A), (B), 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).
* * * * *

    Dated: January 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-01347 Filed 1-27-20; 8:45 am]
BILLING CODE 9110-04-P