[Federal Register: May 13, 2003 (Volume 68, Number 92)]
[Rules and Regulations]
[Page 25496-25498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my03-20]
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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.
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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:
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Latitude Longitude
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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.
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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]
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