Anchorage; Galveston Harbor, Bolivar Roads Channel, Galveston, TX, 4919-4921 [2020-01347]
Download as PDF
Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Proposed Rules
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
submitted by electronic mail (email),
except through www.regulations.gov.
CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Division of the Secretariat,
Consumer Product Safety Commission,
Room 820, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this proposed
rulemaking. All comments received may
be posted without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
electronically any confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If furnished at all, such
information should be submitted in
accordance with the instructions for
written submissions above.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2017–0020, into
the ‘‘Search’’ box, and follow the
prompts.
On
October 25, 2019, the Commission voted
to publish a Supplemental NPR in the
Federal Register, to promulgate a
consumer product safety standard for
infant sleep products. The
Supplemental NPR published on
November 12, 2019, with a 75-day
comment period, which closes on
January 27, 2020. On January 11, 2020,
Joanne E. Mattiace, from the Law Offices
of Joanne E. Mattiace, submitted a
request to extend the comment period
by 60 days. The request states that
stakeholders are ‘‘diligently working to
submit comments’’ by January 27, 2020,
however, the CPSC staff’s December 12,
2019 letter to ASTM International
regarding ASTM F15.18 Bassinet and
Cradles and Infant Inclined Sleep
Products Updates, which discusses the
staff’s safety concerns with in-bed
sleepers and compact bassinets, has
‘‘resulted in additional issues of great
importance that now need to be fully
evaluated and discussed.’’ Ms. Mattiace
requests that the Commission extend the
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SUPPLEMENTARY INFORMATION:
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comment period for 60 days so that
stakeholders can ‘‘prepare comments of
much more benefit for the agency.’’
The Commission has considered this
request and will grant an extension of
the comment period by 30 days, until
February 26, 2020.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–01413 Filed 1–27–20; 8:45 am]
BILLING CODE 6355–01–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a 48-hour time limit in
Anchorage Area (B) in Bolivar Roads
near Galveston, Texas. 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. Except when stress
of weather makes sailing impractical or
hazardous, under this proposed rule,
vessels would not be permitted to
anchor in anchorage area (B) for more
than 48 hours unless expressly
authorized by the Captain of the Port
Houston-Galveston. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before February 27, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0028 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LCDR Sarah
Rousseau or LT Nathaniel Clinger,
FOR FURTHER INFORMATION CONTACT:
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4919
Sector Houston-Galveston Waterways
Management Division, U.S. Coast
Guard; telephone 281–464–4736/4782,
email HoustonWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DC District Commander
DHS Department of Homeland Security
FR Federal Register
HSC Lone Star Harbor Safety Committee
LCDR Lieutenant Commander
LT Lieutenant
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VTS Coast Guard Vessel Traffic Service
Houston/Galveston
II. Background, Purpose, and Legal
Basis
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 HoustonGalveston 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.
The purpose of this rulemaking is to
align the Galveston Harbor Bolivar
Roads Anchorage area (B) to the
adjacent anchorages, necessary to
address port congestion and navigation
safety concerns. The local VTS will
continue to monitor and control vessel
movement within the Anchorage area
(B); in addition, the VTS will be allowed
to grant extensions for extenuating
circumstances. The Coast Guard is
proposing to revise 33 CFR 110.197 to
establish the 48-hour time limit in the
Anchorage area (B). Given the limited
anchorage space available, the
anchorage will 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 legal basis and authorities for this
notice of proposed rulemaking are
found in 33 U.S.C. 471 which authorizes
the Coast Guard to propose, establish,
and define regulatory anchorages.
III. Discussion of Proposed Rule
The Commander of the Coast Guard
Eighth District is proposing to establish
a 48-hour anchorage time limit in the
Galveston Harbor Bolivar Roads
Anchorage area (B). This 48-hour
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Proposed Rules
restriction currently applies to the
Galveston Harbor Bolivar Roads
Anchorage areas (A) and (C). The
proposed regulation would revise 33
CFR 110.197(b)(2), to include
Anchorage area (B). The local Coast
Guard VTS will monitor the anchorage
and adhere to existing language within
the regulation. The proposed regulatory
text appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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.
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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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 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.
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
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productive fishing location. Further, the
location is in an area not routinely
transited by vessels heading to, or
returning from, known fishing grounds.
Finally, the anchorage is located in an
area that is not currently used by small
entities, including small vessels, for
anchoring due to the depth of water
naturally present in the area.
If you 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.
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. 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 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.
If you believe this proposed rule has
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 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 made a
preliminary determination 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 proposed rule
involves establishing a 48-hour anchor
time limit in the Galveston Harbor
Bolivar Roads Anchorage area B.
Normally such actions are categorically
excluded from further review under
paragraph L59(b) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Proposed Rules
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
For the reasons discussed in the
preamble, the Coast Guard is proposing
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, 2071; 46 U.S.C.
70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 110.197 paragraph (b)(2) to
read as follows:
■
§ 110.197 Galveston Harbor, Bolivar Roads
Channel, Texas.
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*
*
*
*
*
(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 HoustonGalveston. 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 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2020–01347 Filed 1–27–20; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0710; FRL–10004–
71–Region 10]
Approval and Promulgation of
Implementation Plans; Washington;
Puget Sound Clean Air Agency,
Regulation I
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Washington State
Implementation Plan (SIP) that were
submitted by the Washington
Department of Ecology (Ecology) in
coordination with the Puget Sound
Clean Air Agency (PSCAA). This
proposed revision would update certain
PSCAA regulations currently in the SIP,
remove obsolete regulations, and
approve a subset of updated Ecology
regulations to apply in PSCAA’s
jurisdiction.
SUMMARY:
Written comments must be
received on or before February 27, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0710 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
DATES:
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4921
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA. This
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background for Proposed Action
II. Changes to PSCAA Regulation I
A. WSR 04–08–017—Incorporation by
Reference of Chapter 173–400 WAC
B. WSR 01–16–034—‘‘Trivial’’ Emissions
Source Categories
C. WSR 12–01–067—Federally Enforceable
Regulatory Orders
III. Application of WAC 173–400–020
IV. The EPA’s Proposed Action
A. Regulations To Approve and
Incorporate by Reference Into the SIP
B. Approved But Not Incorporated by
Reference Regulations
C. Regulations To Remove From the SIP
D. Scope of Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background for Proposed Action
On January 27, 2014, Ecology
submitted revisions to update the
general air quality regulations contained
in Chapter 173–400 Washington
Administrative Code (WAC), which the
EPA approved in three phases on
October 3, 2014 (79 FR 59653),
November 7, 2014 (79 FR 66291), and
April 29, 2015 (80 FR 23721).1 Under
the revised applicability provisions of
WAC 173–400–020 approved into the
SIP on October 3, 2014, the regulations
contained in Chapter 173–400 WAC
apply statewide, ‘‘. . . except for
specific subsections where a local
authority has adopted and implemented
corresponding local rules that apply
only to sources subject to local
jurisdiction as provided under Revised
Code of Washington (RCW) 70.94.141
and 70.94.331.’’ 2 Therefore, the EPA’s
approval of Ecology’s January 2014
submittal applies only to geographic
areas and source categories under
Ecology’s direct jurisdiction. We stated
that we would address the revised
Chapter 173–400 WAC regulations as
they apply to local clean air agency
jurisdictions on a case-by-case basis in
separate, future actions. On December
20, 2019, the Director of Ecology, as the
Governor’s designee for SIP revisions,
submitted a request to update the air
1 In subsequent actions on September 29, 2016
(81 FR 66823) and October 6, 2016 (81 FR 69385)
we made minor corrections to our previous
approval of Chapter 173–400 WAC and approved
revised WAC provisions that incorporated by
reference the most recent changes to the federal
regulations.
2 For a more detailed discussion see page 39352
of the EPA’s proposed approval of WAC 173–400–
020 (79 FR 39351, July 10, 2014).
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Agencies
[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Proposed Rules]
[Pages 4919-4921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01347]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a 48-hour time limit
in Anchorage Area (B) in Bolivar Roads near Galveston, Texas. 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. Except when stress of weather makes
sailing impractical or hazardous, under this proposed rule, vessels
would not be permitted to anchor in anchorage area (B) for more than 48
hours unless expressly authorized by the Captain of the Port Houston-
Galveston. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 27, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0028 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Sarah Rousseau or LT Nathaniel
Clinger, Sector Houston-Galveston Waterways Management Division, U.S.
Coast Guard; telephone 281-464-4736/4782, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DC District Commander
DHS Department of Homeland Security
FR Federal Register
HSC Lone Star Harbor Safety Committee
LCDR Lieutenant Commander
LT Lieutenant
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
VTS Coast Guard Vessel Traffic Service Houston/Galveston
II. Background, Purpose, and Legal Basis
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.
The purpose of this rulemaking is to align the Galveston Harbor
Bolivar Roads Anchorage area (B) to the adjacent anchorages, necessary
to address port congestion and navigation safety concerns. The local
VTS will continue to monitor and control vessel movement within the
Anchorage area (B); in addition, the VTS will be allowed to grant
extensions for extenuating circumstances. The Coast Guard is proposing
to revise 33 CFR 110.197 to establish the 48-hour time limit in the
Anchorage area (B). Given the limited anchorage space available, the
anchorage will 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 legal basis and authorities for this notice of proposed
rulemaking are found in 33 U.S.C. 471 which authorizes the Coast Guard
to propose, establish, and define regulatory anchorages.
III. Discussion of Proposed Rule
The Commander of the Coast Guard Eighth District is proposing to
establish a 48-hour anchorage time limit in the Galveston Harbor
Bolivar Roads Anchorage area (B). This 48-hour
[[Page 4920]]
restriction currently applies to the Galveston Harbor Bolivar Roads
Anchorage areas (A) and (C). The proposed regulation would revise 33
CFR 110.197(b)(2), to include Anchorage area (B). The local Coast Guard
VTS will monitor the anchorage and adhere to existing language within
the regulation. The proposed regulatory text appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 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.
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.
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.
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. 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 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 made
a preliminary determination 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 proposed rule involves
establishing a 48-hour anchor time limit in the Galveston Harbor
Bolivar Roads Anchorage area B. Normally such actions are categorically
excluded from further review under paragraph L59(b) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
A preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://
[[Page 4921]]
www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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, 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 paragraph (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 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-01347 Filed 1-27-20; 8:45 am]
BILLING CODE 9110-04-P