Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas, 18412-18414 [2018-08873]
Download as PDF
<![CDATA[
18412
Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
Regulatory Flexibility Act
The Department of the Interior
certifies that this rulemaking will not
have a significant economic impact on
a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rulemaking,
is based upon counterpart Federal
regulations for which an economic
analysis was prepared and certification
made that such regulations would not
have a significant economic effect upon
a substantial number of small entities.
In making the determination as to
whether this rulemaking would have a
significant economic impact, the
Department relied upon the data and
assumptions for the counterpart Federal
regulations.
Small Business Regulatory Enforcement
Fairness Act
This rulemaking is not a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. This rulemaking: (a) Does
not have an annual effect on the
economy of $100 million; (b) Will not
cause a major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; and (c)
Does not have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the State submittal, which is
the subject of this rulemaking, is based
upon counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rulemaking will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rulemaking, is
based upon counterpart Federal
regulations for which an analysis was
prepared and a determination made that
Original amendment submission date
*
April 27, 2018
[FR Doc. 2018–08935 Filed 4–26–18; 8:45 am]
DATES:
BILLING CODE 4310–05–P
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 3, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 901 is amended
as set forth below:
PART 901—ALABAMA
1. The authority citation for part 901
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 901.15 is amended in the
table by adding an entry FOR
‘‘ASMCRA 9–16–79 and 9–16–79(4)b’’
in chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 901.15 Approval of Alabama regulatory
program amendments.
*
This rule is effective May 29,
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0549 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 (LCDR)
Navin Griffin, Sector HoustonGalveston, U.S. Coast Guard; telephone
(281) 464–4736, email Navin.L.Griffin@
uscg.mil.
SUPPLEMENTARY INFORMATION:
Coast Guard
33 CFR Part 110
[Docket Number USCG–2015–0549]
RIN 1625–AA01
Anchorage Grounds; Galveston
Harbor, Bolivar Roads Channel,
Galveston, Texas
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
I. Table of Abbreviations
The Coast Guard is
establishing a new anchorage area,
Anchorage Area Alpha (A) East in
Bolivar Roads near Galveston, Texas.
The establishment of this additional
anchorage area would enhance
navigational safety, support regional
maritime security needs, and contribute
to the free flow of commerce in the
Houston-Galveston area.
SUMMARY:
VerDate Sep<11>2014
13:07 Apr 26, 2018
Jkt 244001
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On August 15, 2017, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Anchorage
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
*
*
*
*
*
ASMCRA 9–16–79 and 9–16–79(4)b.
2018.
DEPARTMENT OF HOMELAND
SECURITY
*
Citation/description
ADDRESSES:
jstallworth on DSKBBY8HB2PROD with RULES
List of Subjects in 30 CFR Part 901
Date of final publication
*
*
*
June 12, 2015 .....................................................................
the Federal regulation did not impose
an unfunded mandate.
*
Grounds; Galveston Harbor, Bolivar
Roads Channel, Galveston, Texas (82 FR
38643). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this Anchorage Area. During the
comment period that ended, October 16,
2017, we received no comments.
III. Legal Authority and Need for Rule
The legal basis and authorities for this
rule are found in 33 U.S.C. 471, 1221
through 1236; 33 CFR 1.05–1,
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory anchorages.
After extensive discussion, including
the observations of and comments from
various members of the port
community, the Coast Guard has
determined that the establishment of
Anchorage Area (A) East in the Bolivar
Roads area is necessary to address port
security, port congestion, and
navigation safety concerns. The
proposed anchorage area was once an
area utilized for spoils from dredging
and is equipped to safely receive deep
draft vessels. This proposed anchorage
is primarily intended as an overflow
E:\FR\FM\27APR1.SGM
27APR1
Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
anchorage for vessels that are awaiting
an exam or inspection. We are
amending 33 CFR 110.197 to establish
Anchorage Area (A) East in order to
increase the safety of life and property
on navigable waters, 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 Coast Guard has ascertained the
view of the Galveston, TX District and
Division Engineer, Corps of Engineers,
U.S. Army, about the specific provisions
of this rule.
jstallworth on DSKBBY8HB2PROD with RULES
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 15, 2017. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a new anchorage
Area known as Anchorage Area Alpha
(A) East. This anchorage area is located
in the Galveston Harbor and Bolivar
Roads Channel, TX, just east and
adjacent to established Anchorage Area
(A) in 33 CFR 110.197(a)(1). The
boundaries of Anchorage Area Alpha
(A) East are presented in § 110.197(a)(4)
in the regulatory text at the end of this
document. The anchorage area is
approximately 0.19 square miles.
Anchorage Area (A) East is intended
for temporary use by vessels of all types.
Vessels will be allowed to occupy the
anchorage areas 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 operations.
Vessels would also be allowed to use
anchorage areas while awaiting weather
and other conditions favorable to
resuming their voyage. However, it is to
be emphasized that this anchorage is
primarily intended as an overflow
anchorage for vessels that are awaiting
an exam or inspection. Vessels would
not be allowed to anchor so as to
obstruct the passage of other vessels
proceeding to and from anchorage
spaces. Anchors would not be placed in
the channel and no portion of the hull
or rigging would be allowed to extend
outside the limits of the anchorage area.
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.
VerDate Sep<11>2014
13:07 Apr 26, 2018
Jkt 244001
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 location and size of the
proposed anchorage grounds, as well as,
historical automatic identification
system (AIS) data. The impacts on
routine navigation are expected to be
minimal because the proposed
anchorage area is located outside of the
established navigation channel. When
not occupied, vessels would be able to
maneuver in, around, and through the
anchorage. Operators on our end
maneuvering their vessels around the
limits of the proposed anchorage area
would not be significantly impacted.
18413
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 contact 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.
B. Impact on Small Entities
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).
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 00 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
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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
E:\FR\FM\27APR1.SGM
27APR1
18414
Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes. If you
believe this 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 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, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 involves the
establishment of a permanent anchorage
area in Bolivar Roads near Galveston,
Texas. 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. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
List of Subjects in 33 CFR Part 110
jstallworth on DSKBBY8HB2PROD with RULES
Anchorage Grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
13:07 Apr 26, 2018
2. In § 110.197, add paragraph (a)(4) to
read as follows:
■
§ 110.197 Galveston Harbor, Bolivar Roads
Channel, Texas.
(a) * * *
(4) Anchorage Area (A) East. The
waters bounded by a line connecting the
following points:
Latitude
29°21′5.87″ N
29°20′53.99″ N
29°20′45.31″ N
29°20′39.16″ N
Longitude
094°42′52.7″ W
094°42′7.13″ W
094°42′37.75″ W
094°42′7.81″ W
and thence to the point of beginning.
The coordinates are based on NAD 83.
*
*
*
*
*
Dated: April 23, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2018–08873 Filed 4–26–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0857]
Drawbridge Operation Regulation; St.
Johns River, Putnam County, FL
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Buffalo Bluff
CSX Railroad Bridge across the St. Johns
River, mile 94.5, at Satsuma, Putnam
County, FL. This deviation will test a
change to the drawbridge operation to
determine whether a permanent change
from manned to remote operations is
feasible. This deviation will allow the
bridge to operate remotely from the CSX
Railroad Bridge on the Ortega River
(McGirts Creek) located at mile 1.1 on
the Ortega River.
DATES: This deviation is effective
without actual notice from April 27,
2018 through 6 a.m. September 2, 2018.
For the purposes of enforcement, actual
notice will be used from April 23, 2018,
until April 27, 2018.
Comments and related materials must
reach the Coast Guard on or before
August 14, 2018.
SUMMARY:
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.
VerDate Sep<11>2014
Authority: 33 U.S.C. 471, 1221 through
1236, 2071; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
Jkt 244001
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
You may submit comments
identified by docket number USCG–
2017–0857 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this test
deviation, call or email LT Allan Storm,
Sector Jacksonville, Waterways
Management Division, U.S. Coast
Guard; telephone 904–714–7616, email
Allan.H.Storm@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background, Purpose and Legal Basis
The Buffalo Bluff CSX Railroad Bridge
across the St. Johns River, mile 94.5, in
Satsuma, Putnam County, FL is a
bascule bridge. It has a vertical
clearance of 7 feet at mean high water
in the closed position and a horizontal
clearance of 90 feet. The bridge is
currently manned and maintained in the
open position. This test deviation would
provide for the bridge to be remotely
monitored and operated. Visual
monitoring of the waterway shall be
maintained with the use of cameras and
the detection of vessels under the span
shall be accomplished with detection
sensors. Marine radio communication
shall be maintained with mariners near
the bridge for the safety of navigation.
The remote tender may also be
contacted via telephone at (386) 649–
8358. The span is normally in the fully
open position and will display green
lights to indicate that the span is fully
open. When a train approaches, the
remote tender shall monitor for vessels
approaching the bridge. The remote
tender shall warn approaching vessels
via marine radio, channel 9 VHF of a
bridge lowering. Provided the sensors
do not detect a vessel under the span,
the tender shall initiate the span
lowering sequence, which includes the
sounding of a horn and the displaying
of red lights. The span will remain in
the down position for a minimum of
eight minutes or for the entire time the
approach track circuit is occupied. After
the train has cleared the bridge track
circuit, the span shall open and the
green lights will be displayed. This will
allow vessels to pass through the bridge
while taking into account the reasonable
needs of other modes of transportation.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18412-18414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2015-0549]
RIN 1625-AA01
Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel,
Galveston, Texas
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a new anchorage area,
Anchorage Area Alpha (A) East in Bolivar Roads near Galveston, Texas.
The establishment of this additional 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: This rule is effective May 29, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0549 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 (LCDR) Navin Griffin, Sector
Houston-Galveston, U.S. Coast Guard; telephone (281) 464-4736, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On August 15, 2017, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Anchorage Grounds; Galveston Harbor, Bolivar
Roads Channel, Galveston, Texas (82 FR 38643). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this Anchorage Area. During the comment period that ended,
October 16, 2017, we received no comments.
III. Legal Authority and Need for Rule
The legal basis and authorities for this rule are found in 33
U.S.C. 471, 1221 through 1236; 33 CFR 1.05-1, Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to propose, establish, and define regulatory anchorages.
After extensive discussion, including the observations of and
comments from various members of the port community, the Coast Guard
has determined that the establishment of Anchorage Area (A) East in the
Bolivar Roads area is necessary to address port security, port
congestion, and navigation safety concerns. The proposed anchorage area
was once an area utilized for spoils from dredging and is equipped to
safely receive deep draft vessels. This proposed anchorage is primarily
intended as an overflow
[[Page 18413]]
anchorage for vessels that are awaiting an exam or inspection. We are
amending 33 CFR 110.197 to establish Anchorage Area (A) East in order
to increase the safety of life and property on navigable waters,
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 Coast Guard has ascertained the view of the Galveston, TX
District and Division Engineer, Corps of Engineers, U.S. Army, about
the specific provisions of this rule.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 15, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a new anchorage Area known as Anchorage Area
Alpha (A) East. This anchorage area is located in the Galveston Harbor
and Bolivar Roads Channel, TX, just east and adjacent to established
Anchorage Area (A) in 33 CFR 110.197(a)(1). The boundaries of Anchorage
Area Alpha (A) East are presented in Sec. 110.197(a)(4) in the
regulatory text at the end of this document. The anchorage area is
approximately 0.19 square miles.
Anchorage Area (A) East is intended for temporary use by vessels of
all types. Vessels will be allowed to occupy the anchorage areas 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 operations.
Vessels would also be allowed to use anchorage areas while awaiting
weather and other conditions favorable to resuming their voyage.
However, it is to be emphasized that this anchorage is primarily
intended as an overflow anchorage for vessels that are awaiting an exam
or inspection. Vessels would not be allowed to anchor so as to obstruct
the passage of other vessels proceeding to and from anchorage spaces.
Anchors would not be placed in the channel and no portion of the hull
or rigging would be allowed to extend outside the limits of the
anchorage area.
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.
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 location and
size of the proposed anchorage grounds, as well as, historical
automatic identification system (AIS) data. The impacts on routine
navigation are expected to be minimal because the proposed anchorage
area is located outside of the established navigation channel. When not
occupied, vessels would be able to maneuver in, around, and through the
anchorage. Operators on our end maneuvering their vessels around the
limits of the proposed anchorage area would not be significantly
impacted.
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 00 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
contact 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
[[Page 18414]]
responsibilities between the Federal Government and Indian tribes. If
you believe this 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 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, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (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 involves the establishment of a permanent
anchorage area in Bolivar Roads near Galveston, Texas. 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. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. 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.
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--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. In Sec. 110.197, add paragraph (a)(4) to read as follows:
Sec. 110.197 Galveston Harbor, Bolivar Roads Channel, Texas.
(a) * * *
(4) Anchorage Area (A) East. The waters bounded by a line
connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
29[deg]21'5.87'' N 094[deg]42'52.7'' W
29[deg]20'53.99'' N 094[deg]42'7.13'' W
29[deg]20'45.31'' N 094[deg]42'37.75'' W
29[deg]20'39.16'' N 094[deg]42'7.81'' W
------------------------------------------------------------------------
and thence to the point of beginning. The coordinates are based on NAD
83.
* * * * *
Dated: April 23, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-08873 Filed 4-26-18; 8:45 am]
BILLING CODE 9110-04-P
