[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Proposed Rules]
[Page 4130-4132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja03-22]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD08-02-018]
RIN 2115-AA98
Anchorage Regulation; Bolivar Roads, Galveston, TX
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to create a new anchorage area in
Bolivar Roads near Galveston, Texas. The establishment of this new
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: Comments and related material must reach the Coast Guard on or
before March 31, 2003.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans, LA 70130, or deliver comments and related material
to Room 1341 at the same address between 8 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays. Commander, Eighth Coast Guard
District (m) maintains the public docket for this rulemaking. Comments
and material received from the public, as well as documents indicated
in this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander, Eighth Coast Guard District (m) between 8 a.m. and 3:30
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CCGD8-02-
018), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District (m) at the address under ADDRESSES explaining why one would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
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 proposes a
third anchorage area, anchorage area (C), in Bolivar Roads. The
proposed anchorage area, located inside the Galveston Bay Entrance
Jetties, would 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 proposed 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.
[[Page 4131]]
Discussion of Proposed Rule
The proposed amendment would create a new anchorage area, to be
known as anchorage area (C), bounded by rhumb lines joining points at:
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
The anchorage area would be for the temporary use by vessels of all
types. Vessels may occupy the anchorage area 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 or lightering
operations. Vessels would also be allowed to use the anchorage area
while awaiting weather and other conditions favorable to resuming their
voyage. Except when stress of weather makes sailing impractical or
hazardous, vessels would not be allowed to anchor in anchorage area (C)
for more than 48 hours unless authorized by the Captain of the Port
Houston-Galveston. Authorization to remain for more than 48 hours would
be obtained via VHF-FM radio through Coast Guard Vessel Traffic Service
Houston/Galveston. No vessel with a draft of less than 16 feet would be
allowed to occupy anchorage area (C) without prior approval of the
Captain of the Port Houston-Galveston. Vessels would not be allowed to
anchor so as to obstruct the passage of other vessels proceeding to and
from other anchorage spaces. Anchors would not be placed in the channel
and no portion of the hull or rigging of any anchored vessel would be
allowed to extend outside the limits of the anchorage area. Vessels
using spuds for anchors would have to anchor as close to shore as
practicable. Fixed moorings, piles or stake and floats, and buoys for
marking anchorages or moorings in place would be prohibited. 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.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory 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
Transportation (DOT) (44 FR 11040, February 26, l979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10 (e) of the
regulatory policies and procedures of DOT is unnecessary. The proposed
anchorage area would not unnecessarily restrict traffic as it is
located outside of the established navigation channel. Vessels would be
able to maneuver in, around and through the anchorage. Operators who
choose to maneuver their vessels around the limits of the proposed
anchorage area would 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 have
considered whether this proposed 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 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. This proposed rule could potentially affect
the following entities, some of which might be small entities: the
owners or operators of vessels intending to fish or anchor in, or
transit through, the proposed 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 proposed anchorage would be
located in an area of Bolivar Roads that is not a popular or productive
fishing location. Further, the proposed location is in an area not
routinely transited by vessels heading to, or returning from, known
fishing grounds. Finally, the anchorage would be 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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LT Karrie Trebbe, Project
Manager for Eighth Coast Guard District Commander, at (504) 589-6271.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice
[[Page 4132]]
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on to best carry out the order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(f), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because it is a regulation establishing an
additional anchorage ground. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
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
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
2. In Sec. 110.197, add a new 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]21'14.5'' N..................... 94[deg]46'34.0'' W
29[deg]21'24.0'' 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 naval and merchant
vessels awaiting weather and other conditions favorable to the
resumption of their voyages.
(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: January 3, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1873 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-15-P