Safety Zone, Texas City Channel; Texas City, TX, 19289-19292 [2014-07839]
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Rules and Regulations
Regulatory Findings
E. Executive Order 12866
PART 41—[AMENDED]
A. Administrative Procedure Act
The Department is of the opinion that
waiver of visa and passport
requirements for foreign armed forces
and coast guards is a foreign affairs
function of the United States
Government and that rules governing
the conduct of this function are exempt
from the requirements of Executive
Order 12866. However, the Department
has reviewed the proposed rule to
ensure its consistency with the
regulatory philosophy and principles set
forth in the Executive Order.
■
The Department of State is of the
opinion that waiver of visa and passport
requirements for foreign armed forces
and coast guards is a foreign affairs
function of the United States
Government and that rules
implementing this function are exempt
from section 553 (Rulemaking) and
section 554 (Adjudications) of the
Administrative Procedure Act.
B. Regulatory Flexibility Act/Executive
Order 13272: Small Business
Because this final rule is exempt from
notice and comment rulemaking under
5 U.S.C. 553, it is exempt from the
regulatory flexibility analysis
requirements set forth at sections 603
and 604 of the Regulatory Flexibility
Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)), the Department certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. This rule
regulates individual aliens applying for
visas under INA section 101(A)(15) and
does not affect any small entities, as
defined in 5 U.S.C. 601(6).
C. The Unfunded Mandates Reform Act
of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (Pub. Law
104–4, 109 Stat. 48, codified at 2 U.S.C.
1532) generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments.
D. Small Business Regulatory
Enforcement Fairness Act of 1996
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19289
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121). This rule will
not result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign-based companies in domestic
and import markets.
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F. Executive Order 13563: Improving
Regulation and Regulatory Review
The Department has considered this
rule in light of Executive Order 13563
and affirms that this regulation is
consistent with the guidance therein.
G. Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. The rule will not
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
H. Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulations in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
I. Executive Order 13175
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
J. Paperwork Reduction Act
1. The authority citation for Part 41 is
revised to read as follows:
Authority: 8 U.S.C. 1104, 1182(d), 1185
note; 112 Stat. 2681–795.
2. Section 41.3 is amended by revising
the introductory text and paragraph (e),
to read as follows:
■
§ 41.3 Waiver by joint action of consular
and immigration officers of passport and/or
visa requirements.
Under the authority of INA 212(d)(4),
the documentary requirements of INA
212(a)(7)(B)(i)(I), (i)(II) may be waived
for any alien in whose case the consular
officer serving the port or place of
embarkation, or the Deputy Assistant
Secretary of State for Visa Services or
his or her designee, is satisfied after
consultation with, and concurrence by,
the appropriate immigration officer, that
the case falls within any of the
following categories:
*
*
*
*
*
(e) Members of armed forces and
coast guards of foreign countries; visa
and passport waiver. An alien on active
duty in the armed forces or coast guard
of a foreign country and a member of a
group of such armed forces or coast
guard traveling to the United States, on
behalf of the alien’s government or the
United Nations, under arrangements
made with the appropriate military
authorities of the United States,
coordinated within the U.S.
Government by those U.S. military
authorities, and approved by the
Department of State and the Department
of Homeland Security for such visit.
*
*
*
*
*
Dated: March 28, 2014.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2014–07866 Filed 4–7–14; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
This rule does not impose new
information collection requirements
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
[Docket Number USCG–2014–0034]
RIN 1625–AA00
Safety Zone, Texas City Channel;
Texas City, TX
Coast Guard, DHS.
Direct final rule.
Aliens, Foreign officials, Passports
and visas, Students.
AGENCY:
For the above reasons, 22 CFR Part 41
is amended as follows:
SUMMARY:
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ACTION:
By this direct final rule, the
Coast Guard is removing the regulation
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Rules and Regulations
for the safety zone at Snake Island, also
known as Shoal Point, within the Texas
City Channel. The Coast Guard is
removing the regulation because it
places general restrictions on vessels
which are no longer necessary.
DATES: This rule is effective on July 7,
2014, unless the Coast Guard receives
written adverse comments or written
notice of intent to submit adverse
comments on or before May 8, 2014. If
the Coast Guard receives a written
adverse comment or written notice of
intent to submit a written adverse
comment, the Coast Guard will publish
a timely withdrawal of this Direct Final
Rule.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
Mail or Delivery: Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Deliveries accepted between 9
a.m. and 5 p.m., Monday through
Friday, except federal holidays. The
telephone number is 202–366–9329. See
the ‘‘Public Participation and Request
for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG William Stewart, Marine
Safety Unit Texas City, U.S. Coast
Guard; telephone (409) 978–2730, email
William.a.stewart@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VTS Vessel Traffic Service
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0034] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0034) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
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our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The Coast Guard proposed to
establish a safety zone at Snake Island
on July 31, 1981 to assist in managing
port congestions. The safety zone
became a final rule on July 8, 1982 [47
FR 13802]. On June 29, 2000, the safety
zone was amended to reflect a name
change from Captain of the Port,
Galveston to Captain of the Port,
Houston-Galveston. The safety zone is
currently codified as amended at 33
CFR 165.804.
We are publishing this direct final
rule under 33 CFR 1.05–55 because this
rule removes a regulatory burden found
no longer necessary and no adverse
comments are expected. If no adverse
comment or notice of intent to submit
an adverse comment is received by May
8, 2014, this rule, removing an existing
safety zone regulation, will become
effective as stated in the DATES section.
In that case, approximately 30 days
before the effective date, we will
publish a document in the Federal
Register stating that no adverse
comment was received and confirming
that this rule will become effective as
scheduled. However, if we receive an
adverse comment or notice of intent to
submit an adverse comment, we will
publish a document in the Federal
Register announcing the withdrawal of
all or part of this direct final rule. If an
adverse comment applies only to part of
this rule (e.g., to an amendment, a
paragraph, or a section) and it is
possible to remove that part without
defeating the purpose of this rule, we
may adopt, as final, those parts of this
rule on which no adverse comment was
received. We will withdraw the part of
this rule that was the subject of an
adverse comment. If we decide to
proceed with a rulemaking following
receipt of an adverse comment, we will
publish a separate notice of proposed
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rulemaking (NPRM) and provide a new
opportunity for comment.
A comment is considered ‘‘adverse’’ if
the comment explains why this rule or
a part of this rule would be
inappropriate, including a challenge to
its underlying premise or approach, or
would be ineffective or unacceptable
without a change.
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C. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
The purpose of this direct final rule
is to remove the regulation found in 33
CFR 165.804 that established a safety
zone restriction in the Texas City
Channel. The Coast Guard finds that the
present regulation imposes a continuous
prohibition from mooring and fleeting
on Snake Island that is no longer
necessary.
D. Discussion of the Final Rule
On June 3, 2013, the Port of Texas
City requested the Captain of the Port
Houston-Galveston remove the safety
zone currently enforced on the west and
northwest shores of Snake Island. The
Port of Texas City petitioned for the
safety zone removal for ‘‘the safety of
the users of the Texas City Harbor and
to assist in managing the vessel traffic
in the Port of Texas City’’. With the
significant increase in vessel size and
traffic during the past thirty years, the
Texas City Harbor is not wide enough to
accommodate barge traffic passing while
ships are docking or sailing. Thus,
under the current regulation found
under 33 CFR 165.804, barge traffic is
subject to queuing in the Texas City
Channel for multiple hours, often
navigating amongst other vessel traffic
and adverse weather conditions. By
removing the safety zone on Snake
Island, barge traffic will be afforded the
opportunity to moor along the shoreline,
lessening harbor congestion and
reducing the risk for marine casualties.
A regulation that imposes a
continuous prohibition from mooring
and fleeting on Snake Island is no
longer necessary for the following
reasons: (1) The Coast Guard established
a Vessel Traffic Service (VTS) in 1994
[Federal Register Volume 59, Number
135 (Friday, July 15, 1994)] which
adequately manages vessel movements;
(2) the Port of Texas City has established
a Harbormaster, who further facilitates
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traffic movements and berthing
arrangements; and (3) the Coast Guard
implemented a permanent security zone
in Texas City, Texas established under
33 CFR 165.814 which encompasses the
west and northwest approaches to
Snake Island. This security zone
restricts certain vessels from entering
specified areas and facilities within the
port, which effectively helps to manage
traffic. Over time, by establishing a
Harbormaster, VTS, and certain other
regulations the subject safety zone
under 33 CFR 165.804, has become
unnecessary for its original purpose to
manage congestion.
The Port of Texas City’s request to
remove this safety zone has received
broad support and has been endorsed by
the Galveston-Texas City Pilot’s
Association, Lone Star Harbor Safety
Committee, and Sector HoustonGalveston Vessel Traffic Service.
Additionally, the owner of Snake Island,
the City of Texas City has no objections
to this proposal.
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Because this rule is removing all
safety zone restrictions under 33 CFR
165.804, it is not a significant regulatory
action. No new restrictions or actions
are being imposed by this rule.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule removes all restrictions
imposed by the safety zone regulation
under 33 CFR 165.804. Therefore, the
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19291
Coast Guard finds that this rule will not
have a significant economic impact on
a substantial number of small entities.
3. 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 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, above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
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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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
9. 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.
10. 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
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
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12. Energy Effects
Commandant Instruction. An
environmental checklist and categorical
exclusion determination are not
required under 34(g), for regulations
disestablishing a safety zone. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—[AMENDED]
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (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 is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
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1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
§ 165.804
■
[REMOVED]
2. Remove § 165.804.
Dated: February 21, 2014.
Brian K. Penoyer,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. 2014–07839 Filed 4–7–14; 8:45 am]
BILLING CODE 9110–04–P
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Agencies
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19289-19292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07839]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0034]
RIN 1625-AA00
Safety Zone, Texas City Channel; Texas City, TX
AGENCY: Coast Guard, DHS.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: By this direct final rule, the Coast Guard is removing the
regulation
[[Page 19290]]
for the safety zone at Snake Island, also known as Shoal Point, within
the Texas City Channel. The Coast Guard is removing the regulation
because it places general restrictions on vessels which are no longer
necessary.
DATES: This rule is effective on July 7, 2014, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before May 8, 2014. If the Coast Guard receives
a written adverse comment or written notice of intent to submit a
written adverse comment, the Coast Guard will publish a timely
withdrawal of this Direct Final Rule.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG William Stewart, Marine Safety Unit Texas City, U.S.
Coast Guard; telephone (409) 978-2730, email
William.a.stewart@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VTS Vessel Traffic Service
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0034] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2014-0034) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard proposed to establish a safety zone at Snake Island
on July 31, 1981 to assist in managing port congestions. The safety
zone became a final rule on July 8, 1982 [47 FR 13802]. On June 29,
2000, the safety zone was amended to reflect a name change from Captain
of the Port, Galveston to Captain of the Port, Houston-Galveston. The
safety zone is currently codified as amended at 33 CFR 165.804.
We are publishing this direct final rule under 33 CFR 1.05-55
because this rule removes a regulatory burden found no longer necessary
and no adverse comments are expected. If no adverse comment or notice
of intent to submit an adverse comment is received by May 8, 2014, this
rule, removing an existing safety zone regulation, will become
effective as stated in the DATES section. In that case, approximately
30 days before the effective date, we will publish a document in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if we receive an adverse comment or notice of intent to submit an
adverse comment, we will publish a document in the Federal Register
announcing the withdrawal of all or part of this direct final rule. If
an adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which no adverse comment was
received. We will withdraw the part of this rule that was the subject
of an adverse comment. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
notice of proposed
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rulemaking (NPRM) and provide a new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The purpose of this direct final rule is to remove the regulation
found in 33 CFR 165.804 that established a safety zone restriction in
the Texas City Channel. The Coast Guard finds that the present
regulation imposes a continuous prohibition from mooring and fleeting
on Snake Island that is no longer necessary.
D. Discussion of the Final Rule
On June 3, 2013, the Port of Texas City requested the Captain of
the Port Houston-Galveston remove the safety zone currently enforced on
the west and northwest shores of Snake Island. The Port of Texas City
petitioned for the safety zone removal for ``the safety of the users of
the Texas City Harbor and to assist in managing the vessel traffic in
the Port of Texas City''. With the significant increase in vessel size
and traffic during the past thirty years, the Texas City Harbor is not
wide enough to accommodate barge traffic passing while ships are
docking or sailing. Thus, under the current regulation found under 33
CFR 165.804, barge traffic is subject to queuing in the Texas City
Channel for multiple hours, often navigating amongst other vessel
traffic and adverse weather conditions. By removing the safety zone on
Snake Island, barge traffic will be afforded the opportunity to moor
along the shoreline, lessening harbor congestion and reducing the risk
for marine casualties.
A regulation that imposes a continuous prohibition from mooring and
fleeting on Snake Island is no longer necessary for the following
reasons: (1) The Coast Guard established a Vessel Traffic Service (VTS)
in 1994 [Federal Register Volume 59, Number 135 (Friday, July 15,
1994)] which adequately manages vessel movements; (2) the Port of Texas
City has established a Harbormaster, who further facilitates traffic
movements and berthing arrangements; and (3) the Coast Guard
implemented a permanent security zone in Texas City, Texas established
under 33 CFR 165.814 which encompasses the west and northwest
approaches to Snake Island. This security zone restricts certain
vessels from entering specified areas and facilities within the port,
which effectively helps to manage traffic. Over time, by establishing a
Harbormaster, VTS, and certain other regulations the subject safety
zone under 33 CFR 165.804, has become unnecessary for its original
purpose to manage congestion.
The Port of Texas City's request to remove this safety zone has
received broad support and has been endorsed by the Galveston-Texas
City Pilot's Association, Lone Star Harbor Safety Committee, and Sector
Houston-Galveston Vessel Traffic Service. Additionally, the owner of
Snake Island, the City of Texas City has no objections to this
proposal.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Because this rule is
removing all safety zone restrictions under 33 CFR 165.804, it is not a
significant regulatory action. No new restrictions or actions are being
imposed by this rule.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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.
This rule removes all restrictions imposed by the safety zone
regulation under 33 CFR 165.804. Therefore, the Coast Guard finds that
this rule will not have a significant economic impact on a substantial
number of small entities.
3. 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 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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 19292]]
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental checklist and categorical exclusion determination are not
required under 34(g), for regulations disestablishing a safety zone. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--[AMENDED]
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.804 [REMOVED]
0
2. Remove Sec. 165.804.
Dated: February 21, 2014.
Brian K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2014-07839 Filed 4-7-14; 8:45 am]
BILLING CODE 9110-04-P