[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7647-7649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02000]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a 48-hour time limit in 
Anchorage Area (B) in Bolivar Roads near Galveston, Texas. Anchorage 
areas (A) and (C) in the Bolivar Roads Channel already have a 48-hour 
time limit, but anchorage (B) did not. This 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, this rule will prohibit vessels from 
anchoring in anchorage area (B) for more than 48 hours unless expressly 
authorized by the Captain of the Port Houston-Galveston.

DATES: This rule is effective March 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0028 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 Sarah Rousseau or Lieutenant Junior 
Grade Ryan Gilbert, Sector Houston-Galveston Waterways Management 
Division, U.S. Coast Guard; telephone 281-464-4736/5800, email 
<a href="/cdn-cgi/l/email-protection#cd85a2b8beb9a2a39a9a808db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="82caedf7f1f6edecd5d5cfc2f7f1e1e5acefebee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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.
    On January 28, 2020, we published a notice of proposed rulemaking 
(85 FR 4919) that proposed to establish a 48-hour time limit in 
Anchorage Area (B) in Bolivar Roads near Galveston, Texas. The purpose 
of the propose rule was to align the Galveston Harbor Bolivar Roads 
Anchorage area (B) to the adjacent anchorages. This action is necessary 
to address port congestion

[[Page 7648]]

and navigation safety concerns. We noted that the local VTS would 
continue to monitor and control vessel movement within the Anchorage 
area (B), and that the VTS would be allowed to grant extensions for 
extenuating circumstances.

III. Legal Authority and Need for Rule

    The Secretary of Homeland Security has delegated to the Coast Guard 
the authority to establish and regulate anchorage grounds in accordance 
with 33 U.S.C. 471; 33 CFR 1.05-1; and Department of Homeland Security 
Delegation No. 0170.1, para. II, (63). The Captain of the Port Houston-
Galveston (COTP) has determined that 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. This rule addresses that problem by not permitting 
vessels to anchor in anchorage area (B) for more than 48 hours unless 
expressly authorized by the Captain of the Port Houston-Galveston or 
without express permission if the stress of weather makes sailing 
impractical or hazardous.

IV. Discussion of Comments, Changes, and the Rule

    We received six comments to the NPRM (85 FR 4919) published January 
28, 2020. They all supported the proposed rule. We made no changes in 
the regulatory text of this rule from the proposed regulatory text in 
the NPRM. This rule establishes a 48-hour time limit in Anchorage Area 
(B) in Bolivar Roads near Galveston, Texas, by revising paragraph 
(b)(2) in 33 CFR 110.197.

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 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 received no 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 call or email 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 
responsibilities between the Federal Government and Indian tribes.

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, Rev. 1, associated implementing instructions, 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

[[Page 7649]]

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 establishing a 48-hour anchor time 
limit in the Galveston Harbor Bolivar Roads Anchorage area B. 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. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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--GALVESTON HARBOR, BOLIVAR ROADS CHANNEL, TEXAS

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(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 22, 2021.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2021-02000 Filed 1-29-21; 8:45 am]
BILLING CODE 9110-04-P


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