82_FR_38799 82 FR 38643 - Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas

82 FR 38643 - Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38643-38645
FR Document2017-17144

The Coast Guard proposes to establish 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38643-38645]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17144]


=======================================================================
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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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 38644]]

SUMMARY: The Coast Guard proposes to establish 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. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 16, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0549 using the Federal eRulemaking Portal at http://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 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, Purpose, and Legal Basis

    The legal basis and authorities for this notice of proposed 
rulemaking 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 anchorage for vessels that are awaiting an exam 
or inspection. We are proposing to amend 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 proposed rule.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a new anchorage area to 
be known as Anchorage Area Alpha (A) East. This anchorage area would be 
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 proposed Sec.  110.197(a)(4) in the regulatory text at the 
end of this document. The anchorage area would be approximately 0.19 
square miles.
    Proposed 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.

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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this 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 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 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

[[Page 38645]]

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 the 
establishment of a permanent anchorage area in Bolivar Roads near 
Galveston, Texas. Normally such actions are categorically excluded from 
further review under paragraph 34(f) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and Categorical Exclusion Determination are 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.

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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://www.regulations.gov and can be viewed by following that Web site'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 proposes 
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, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. In Sec.  110.197, add new 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.
* * * * *

David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-17144 Filed 8-14-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                                38643

                                                    proposed AD would not have a                            airplanes. We are issuing this AD to detect           been authorized by the Manager, Los Angeles
                                                    substantial direct effect on the States, on             and correct cracking of the lower chord of the        ACO Branch, to make those findings. To be
                                                    the relationship between the national                   rear spar and the lower aft skin at WBL 157.          approved, the repair method, modification
                                                                                                            Undetected cracks could lead to the inability         deviation, or alteration deviation must meet
                                                    Government and the States, or on the                                                                          the certification basis of the airplane, and the
                                                                                                            of the lower chord of the rear spar, a
                                                    distribution of power and                               principal structural element, to sustain limit        approval must specifically refer to this AD.
                                                    responsibilities among the various                      load, which could adversely affect the                   (4) Except as required by paragraph (h)(2)
                                                    levels of government.                                   structural integrity of the airplane.                 of this AD: For service information that
                                                      For the reasons discussed above, I                                                                          contains steps that are labeled as RC, the
                                                                                                            (f) Compliance                                        provisions of paragraphs (i)(4)(i) and (i)(4)(ii)
                                                    certify this proposed regulation:
                                                      (1) Is not a ‘‘significant regulatory                    Comply with this AD within the                     of this AD apply.
                                                    action’’ under Executive Order 12866,                   compliance times specified, unless already               (i) The steps labeled as RC, including
                                                      (2) Is not a ‘‘significant rule’’ under               done.                                                 substeps under an RC step and any figures
                                                                                                                                                                  identified in an RC step, must be done to
                                                    the DOT Regulatory Policies and                         (g) Required Actions                                  comply with the AD. If a step or substep is
                                                    Procedures (44 FR 11034, February 26,                      (1) For Group 2 airplanes identified in            labeled ‘‘RC Exempt,’’ then the RC
                                                    1979),                                                  Boeing Alert Service Bulletin 737–57A1333,            requirement is removed from that step or
                                                      (3) Will not affect intrastate aviation               dated May 12, 2017: Except as required by             substep. An AMOC is required for any
                                                    in Alaska, and                                          paragraph (h) of this AD, at the applicable           deviations to RC steps, including substeps
                                                      (4) Will not have a significant                       times specified in paragraph 1.E.,                    and identified figures.
                                                    economic impact, positive or negative,                  ‘‘Compliance,’’ of Boeing Alert Service                  (ii) Steps not labeled as RC may be
                                                    on a substantial number of small entities               Bulletin 737–57A1333, dated May 12, 2017,             deviated from using accepted methods in
                                                                                                            do all applicable actions identified as ‘‘RC’’        accordance with the operator’s maintenance
                                                    under the criteria of the Regulatory                                                                          or inspection program without obtaining
                                                                                                            (required for compliance) in, and in
                                                    Flexibility Act.                                        accordance with, the Accomplishment                   approval of an AMOC, provided the RC steps,
                                                    List of Subjects in 14 CFR Part 39                      Instructions of Boeing Alert Service Bulletin         including substeps and identified figures, can
                                                                                                            737–57A1333, dated May 12, 2017.                      still be done as specified, and the airplane
                                                      Air transportation, Aircraft, Aviation                   (2) For Group 1 airplanes identified in            can be put back in an airworthy condition.
                                                    safety, Incorporation by reference,                     Boeing Alert Service Bulletin 737–57A1333,            (j) Related Information
                                                    Safety.                                                 dated May 12, 2017: Within 120 days after
                                                                                                            the effective date of this AD, inspect the               (1) For more information about this AD,
                                                    The Proposed Amendment                                  airplane and do all applicable corrective             contact Payman Soltani, Aerospace Engineer,
                                                                                                            actions using a method approved in                    Airframe Section, FAA, Los Angeles ACO
                                                      Accordingly, under the authority                                                                            Branch, 3960 Paramount Boulevard,
                                                    delegated to me by the Administrator,                   accordance with the procedures specified in
                                                                                                            paragraph (i) of this AD.                             Lakewood, CA 90712–4137; phone: 562–627–
                                                    the FAA proposes to amend 14 CFR part                                                                         5313; fax: 562–627–5210; email:
                                                    39 as follows:                                          (h) Exceptions to Service Information                 payman.soltani@faa.gov.
                                                                                                            Specifications                                           (2) For service information identified in
                                                    PART 39—AIRWORTHINESS                                     (1) Where Boeing Alert Service Bulletin             this AD, contact Boeing Commercial
                                                    DIRECTIVES                                              737–57A1333, dated May 12, 2017, uses the             Airplanes, Attention: Contractual & Data
                                                                                                            phrase ‘‘after the original issue date of this        Services (C&DS), 2600 Westminster Blvd.,
                                                    ■ 1. The authority citation for part 39                 service bulletin,’’ for purposes of determining       MC 110–SK57, Seal Beach, CA 90740–5600;
                                                    continues to read as follows:                           compliance with the requirements of this AD,          telephone 562–797–1717; Internet https://
                                                                                                            the phrase ‘‘after the effective date of this         www.myboeingfleet.com. You may view this
                                                        Authority: 49 U.S.C. 106(g), 40113, 44701.                                                                referenced service information at the FAA,
                                                                                                            AD’’ must be used.
                                                                                                              (2) Where Boeing Alert Service Bulletin             Transport Standards Branch, 1601 Lind
                                                    § 39.13   [Amended]
                                                                                                            737–57A1333, dated May 12, 2017, specifies            Avenue SW., Renton, WA. For information
                                                    ■ 2. The FAA amends § 39.13 by adding                                                                         on the availability of this material at the
                                                                                                            contacting Boeing, and specifies that action
                                                    the following new airworthiness                         as RC: This AD requires using a method                FAA, call 425–227–1221.
                                                    directive (AD):                                         approved in accordance with the procedures               Issued in Renton, Washington, on August
                                                    The Boeing Company: Docket No. FAA–                     specified in paragraph (i) of this AD.                2, 2017.
                                                        2017–0773; Product Identifier 2017–                 (i) Alternative Methods of Compliance                 Jeffrey E. Duven,
                                                        NM–067–AD.                                          (AMOCs)                                               Director, System Oversight Division, Aircraft
                                                    (a) Comments Due Date                                      (1) The Manager, Los Angeles ACO Branch,           Certification Service.
                                                      We must receive comments by September                 FAA, has the authority to approve AMOCs               [FR Doc. 2017–16774 Filed 8–14–17; 8:45 am]
                                                    29, 2017.                                               for this AD, if requested using the procedures        BILLING CODE 4910–13–P
                                                                                                            found in 14 CFR 39.19. In accordance with
                                                    (b) Affected ADs                                        14 CFR 39.19, send your request to your
                                                      None.                                                 principal inspector or local Flight Standards
                                                                                                            District Office, as appropriate. If sending           DEPARTMENT OF HOMELAND
                                                    (c) Applicability                                       information directly to the manager of the            SECURITY
                                                       This AD applies to all The Boeing                    certification office, send it to the attention of
                                                    Company Model 737–100, –200, –200C,                     the person identified in paragraph (j)(1) of          Coast Guard
                                                    –300, –400, and –500 series airplanes,                  this AD. Information may be emailed to: 9-
                                                    certificated in any category.                           ANM-LAACO-AMOC-Requests@faa.gov.                      33 CFR Part 110
                                                                                                               (2) Before using any approved AMOC,
                                                    (d) Subject                                             notify your appropriate principal inspector,          [Docket Number USCG–2015–0549]
mstockstill on DSK30JT082PROD with PROPOSALS




                                                      Air Transport Association (ATA) of                    or lacking a principal inspector, the manager         RIN 1625–AA01
                                                    America Code 57, Wings.                                 of the local flight standards district office/
                                                                                                            certificate holding district office.                  Anchorage Grounds; Galveston
                                                    (e) Unsafe Condition                                       (3) An AMOC that provides an acceptable            Harbor, Bolivar Roads Channel,
                                                       This AD was prompted by the report of a              level of safety may be used for any repair,
                                                                                                                                                                  Galveston, Texas
                                                    crack indication in the horizontal flange of            modification, or alteration required by this
                                                    the lower chord of the left wing rear spar at           AD if it is approved by the Boeing                    AGENCY:   Coast Guard, DHS.
                                                    wing buttock line (WBL) 157 and multiple                Commercial Airplanes Organization                     ACTION:   Notice of proposed rulemaking.
                                                    reports of similar crack findings on other              Designation Authorization (ODA) that has



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                                                    38644                  Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

                                                    SUMMARY:   The Coast Guard proposes to                  establish Anchorage Area (A) East in                  Executive orders and we discuss First
                                                    establish a new anchorage area,                         order to increase the safety of life and              Amendment rights of protestors.
                                                    Anchorage Area Alpha (A) East in                        property on navigable waters, improve
                                                                                                                                                                  A. Regulatory Planning and Review
                                                    Bolivar Roads near Galveston, Texas.                    the safety of vessels operating,
                                                    The establishment of this additional                    transiting, or anchored and moored in                    Executive Orders 12866 and 13563
                                                    anchorage area would enhance                            the vicinity, and provide for the overall             direct agencies to assess the costs and
                                                    navigational safety, support regional                   safe and efficient flow of vessel traffic             benefits of available regulatory
                                                    maritime security needs, and contribute                 and commerce in the area.                             alternatives and, if regulation is
                                                    to the free flow of commerce in the                        The Coast Guard has ascertained the                necessary, to select regulatory
                                                    Houston-Galveston area. We invite your                  view of the Galveston, TX District and                approaches that maximize net benefits.
                                                    comments on this proposed rulemaking.                   Division Engineer, Corps of Engineers,                Executive Order 13771 directs agencies
                                                                                                            U.S. Army, about the specific provisions              to control regulatory costs through a
                                                    DATES: Comments and related material
                                                                                                            of this proposed rule.                                budgeting process. This NPRM has not
                                                    must be received by the Coast Guard on
                                                                                                                                                                  been designated a ‘‘significant
                                                    or before October 16, 2017.                             III. Discussion of Proposed Rule                      regulatory action,’’ under Executive
                                                    ADDRESSES: You may submit comments                                                                            Order 12866. Accordingly, this NPRM
                                                    identified by docket number USCG–                          The Coast Guard is proposing to
                                                                                                            establish a new anchorage area to be                  has not been reviewed by the Office of
                                                    2015–0549 using the Federal                                                                                   Management and Budget (OMB), and
                                                    eRulemaking Portal at http://                           known as Anchorage Area Alpha (A)
                                                                                                            East. This anchorage area would be                    pursuant to OMB guidance it is exempt
                                                    www.regulations.gov. See the ‘‘Public                                                                         from the requirements of Executive
                                                    Participation and Request for                           located in the Galveston Harbor and
                                                                                                            Bolivar Roads Channel, TX, just east                  Order 13771.
                                                    Comments’’ portion of the                                                                                        This regulatory action determination
                                                    SUPPLEMENTARY INFORMATION section for                   and adjacent to established Anchorage
                                                                                                                                                                  is based on the location and size of the
                                                    further instructions on submitting                      Area (A) in 33 CFR 110.197(a)(1). The
                                                                                                                                                                  proposed anchorage grounds, as well as
                                                    comments.                                               boundaries of Anchorage Area Alpha
                                                                                                                                                                  historical automatic identification
                                                                                                            (A) East are presented in proposed
                                                    FOR FURTHER INFORMATION CONTACT:   If                                                                         system (AIS) data. The impacts on
                                                                                                            § 110.197(a)(4) in the regulatory text at
                                                    you have questions about this proposed                                                                        routine navigation are expected to be
                                                                                                            the end of this document. The
                                                    rulemaking, call or email Lieutenant                                                                          minimal because the proposed
                                                                                                            anchorage area would be approximately
                                                    Commander (LCDR) Navin Griffin,                                                                               anchorage area is located outside of the
                                                                                                            0.19 square miles.
                                                    Sector Houston-Galveston, U.S. Coast                                                                          established navigation channel. When
                                                                                                               Proposed Anchorage Area (A) East is                not occupied, vessels would be able to
                                                    Guard; telephone (281) 464–4736, email                  intended for temporary use by vessels of
                                                    Navin.L.Griffin@uscg.mil.                                                                                     maneuver in, around, and through the
                                                                                                            all types. Vessels will be allowed to                 anchorage. Operators on our end
                                                    SUPPLEMENTARY INFORMATION:                              occupy the anchorage areas during a                   maneuvering their vessels around the
                                                    I. Table of Abbreviations                               wide range of conditions and for a broad              limits of the proposed anchorage area
                                                                                                            variety of purposes. For example,                     would not be significantly impacted.
                                                    CFR Code of Federal Regulations                         vessels would be allowed to anchor
                                                    DHS Department of Homeland Security                                                                           B. Impact on Small Entities
                                                                                                            temporarily while taking on stores,
                                                    FR Federal Register
                                                    NPRM Notice of proposed rulemaking                      transferring personnel, or engaging in                   The Regulatory Flexibility Act of
                                                    § Section                                               bunkering operations. Vessels would                   1980, 5 U.S.C. 601–612, as amended,
                                                    U.S.C. United States Code                               also be allowed to use anchorage areas                requires Federal agencies to consider
                                                                                                            while awaiting weather and other                      the potential impact of regulations on
                                                    II. Background, Purpose, and Legal                      conditions favorable to resuming their                small entities during rulemaking. The
                                                    Basis                                                   voyage. However, it is to be emphasized               term ‘‘small entities’’ comprises small
                                                       The legal basis and authorities for this             that this anchorage is primarily                      businesses, not-for-profit organizations
                                                    notice of proposed rulemaking are                       intended as an overflow anchorage for                 that are independently owned and
                                                    found in 33 U.S.C. 471, 1221 through                    vessels that are awaiting an exam or                  operated and are not dominant in their
                                                    1236; 33 CFR 1.05–1, Department of                      inspection. Vessels would not be                      fields, and governmental jurisdictions
                                                    Homeland Security Delegation No.                        allowed to anchor so as to obstruct the               with populations of less than 50,000.
                                                    0170.1, which collectively authorize the                passage of other vessels proceeding to                The Coast Guard certifies under 5 U.S.C.
                                                    Coast Guard to propose, establish, and                  and from anchorage spaces. Anchors                    605(b) that this proposed rule would not
                                                    define regulatory anchorages.                           would not be placed in the channel and                have a significant economic impact on
                                                       After extensive discussion, including                no portion of the hull or rigging would               a substantial number of small entities.
                                                    the observations of and comments from                   be allowed to extend outside the limits                  The number of small entities
                                                    various members of the port                             of the anchorage area.                                impacted and the extent of the impact,
                                                    community, the Coast Guard has                             Whenever the maritime or                           if any, is expected to be minimal. The
                                                    determined that the establishment of                    commercial interests of the United                    anchorage area is located in an area of
                                                    Anchorage Area (A) East in the Bolivar                  States so require, the Captain of the Port            Bolivar Roads that is not a popular or
                                                    Roads area is necessary to address port                 Houston-Galveston or his designated                   productive fishing location. Further, the
                                                    security, port congestion, and                          representative may direct the movement                location is in an area not routinely
                                                    navigation safety concerns. The                         of any vessel anchored or moored                      transited by vessels heading to, or
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                                                    proposed anchorage area was once an                     within the anchorage areas.                           returning from, known fishing grounds.
                                                    area utilized for spoils from dredging                                                                        Finally, the anchorage is located in an
                                                                                                            IV. Regulatory Analyses
                                                    and is equipped to safely receive deep                                                                        area that is not currently used by small
                                                    draft vessels. This proposed anchorage                    We developed this proposed rule after               entities, including small vessels, for
                                                    is primarily intended as an overflow                    considering numerous statutes and                     anchoring due to the depth of water
                                                    anchorage for vessels that are awaiting                 Executive Orders related to rulemaking.               naturally present in the area.
                                                    an exam or inspection. We are                           Below we summarize our analyses                          If you think that your business,
                                                    proposing to amend 33 CFR 110.197 to                    based on a number of these statutes and               organization, or governmental


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                                                                           Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                                 38645

                                                    jurisdiction qualifies as a small entity                that may result in the expenditure by a               cannot be submitted using http://
                                                    and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                    significant economic impact on it,                      aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                    please submit a comment (see                            $100,000,000 (adjusted for inflation) or              CONTACT section of this document for
                                                    ADDRESSES) explaining why you think it                  more in any one year. Though this                     alternate instructions.
                                                    qualifies and how and to what degree                    proposed rule would not result in such
                                                                                                                                                                     We accept anonymous comments. All
                                                    this rule would economically affect it.                 an expenditure, we do discuss the
                                                       Under section 213(a) of the Small                                                                          comments received will be posted
                                                                                                            effects of this rule elsewhere in this
                                                    Business Regulatory Enforcement                         preamble.                                             without change to http://
                                                    Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                                                                            F. Environment                                        any personal information you have
                                                    we want to assist small entities in
                                                    understanding this proposed rule. If the                   We have analyzed this proposed rule                provided. For more about privacy and
                                                    rule would affect your small business,                  under Department of Homeland                          the docket, visit http://
                                                    organization, or governmental                           Security Management Directive 023–01                  www.regulations.gov/privacyNotice.
                                                    jurisdiction and you have questions                     and Commandant Instruction                               Documents mentioned in this NPRM
                                                    concerning its provisions or options for                M16475.lD, which guide the Coast                      as being available in the docket, and all
                                                    compliance, please contact the person                   Guard in complying with the National                  public comments, will be in our online
                                                    listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  docket at http://www.regulations.gov
                                                    CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   and can be viewed by following that
                                                    not retaliate against small entities that               preliminary determination that this                   Web site’s instructions. Additionally, if
                                                    question or complain about this                         action is one of a category of actions that
                                                                                                                                                                  you go to the online docket and sign up
                                                    proposed rule or any policy or action of                do not individually or cumulatively
                                                                                                                                                                  for email alerts, you will be notified
                                                    the Coast Guard.                                        have a significant effect on the human
                                                                                                                                                                  when comments are posted or a final
                                                                                                            environment. This proposed rule
                                                    C. Collection of Information                            involves the establishment of a                       rule is published.
                                                      This proposed rule would not call for                 permanent anchorage area in Bolivar                   List of Subjects in 33 CFR Part 110
                                                    a new collection of information under                   Roads near Galveston, Texas. Normally
                                                    the Paperwork Reduction Act of 1995                     such actions are categorically excluded                   Anchorage grounds.
                                                    (44 U.S.C. 3501–3520).                                  from further review under paragraph                     For the reasons discussed in the
                                                                                                            34(f) of Figure 2–1 of Commandant                     preamble, the Coast Guard proposes to
                                                    D. Federalism and Indian Tribal
                                                                                                            Instruction M16475.lD. A preliminary                  amend 33 CFR part 110 as follows:
                                                    Governments
                                                                                                            environmental analysis checklist and
                                                       A rule has implications for federalism               Categorical Exclusion Determination are               PART 110 ANCHORAGE
                                                    under Executive Order 13132,                            available in the docket where indicated               REGULATIONS
                                                    Federalism, if it has a substantial direct              under ADDRESSES. We seek any
                                                    effect on the States, on the relationship               comments or information that may lead
                                                    between the national government and                                                                           ■ 1. The authority citation for part 110
                                                                                                            to the discovery of a significant
                                                    the States, or on the distribution of                                                                         continues to read as follows:
                                                                                                            environmental impact from this
                                                    power and responsibilities among the                    proposed rule.                                          Authority: 33 U.S.C. 471, 1221 through
                                                    various levels of government. We have                                                                         1236, 2071; 33 CFR 1.05–1; Department of
                                                    analyzed this proposed rule under that                  G. Protest Activities                                 Homeland Security Delegation No. 0170.1.
                                                    Order and have determined that it is                      The Coast Guard respects the First
                                                    consistent with the fundamental                         Amendment rights of protesters.                       ■ 2. In § 110.197, add new paragraph
                                                    federalism principles and preemption                    Protesters are asked to contact the                   (a)(4) to read as follows:
                                                    requirements described in Executive                     person listed in the FOR FURTHER                      § 110.197 Galveston Harbor, Bolivar Roads
                                                    Order 13132.                                            INFORMATION CONTACT section to                        Channel, Texas.
                                                       Also, this proposed rule does not have               coordinate protest activities so that your
                                                    tribal implications under Executive                     message can be received without                         (a) * * *
                                                    Order 13175, Consultation and                           jeopardizing the safety or security of                  (4) Anchorage Area (A) East. The
                                                    Coordination with Indian Tribal                         people, places, or vessels.                           waters bounded by a line connecting the
                                                    Governments, because it would not have                                                                        following points:
                                                    a substantial direct effect on one or                   V. Public Participation and Request for
                                                    more Indian tribes, on the relationship                 Comments
                                                                                                                                                                           Latitude                 Longitude
                                                    between the Federal Government and                        We view public participation as
                                                    Indian tribes, or on the distribution of                essential to effective rulemaking, and                29°21′5.87″ N ............   094°42’52.7″ W
                                                    power and responsibilities between the                  will consider all comments and material               29°20′53.99″ N ..........    094°42′7.13″ W
                                                    Federal Government and Indian tribes.                   received during the comment period.                   29°20′45.31″ N ..........    094°42′37.75″ W
                                                    If you believe this proposed rule has                   Your comment can help shape the                       29°20′39.16″ N ..........    094°42′7.81″ W
                                                    implications for federalism or Indian                   outcome of this rulemaking. If you
                                                    tribes, please contact the person listed                submit a comment, please include the
                                                                                                            docket number for this rulemaking,                    and thence to the point of beginning.
                                                    in the FOR FURTHER INFORMATION
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                                                                                                            indicate the specific section of this                 The coordinates are based on NAD 83.
                                                    CONTACT section.
                                                                                                            document to which each comment                        *    *    *     *     *
                                                    E. Unfunded Mandates Reform Act                         applies, and provide a reason for each
                                                                                                                                                                  David R. Callahan,
                                                      The Unfunded Mandates Reform Act                      suggestion or recommendation.
                                                    of 1995 (2 U.S.C. 1531–1538) requires                     We encourage you to submit                          Rear Admiral, U.S. Coast Guard, Commander,
                                                    Federal agencies to assess the effects of               comments through the Federal                          Eighth Coast Guard District.
                                                    their discretionary regulatory actions. In              eRulemaking Portal at http://                         [FR Doc. 2017–17144 Filed 8–14–17; 8:45 am]
                                                    particular, the Act addresses actions                   www.regulations.gov. If your material                 BILLING CODE 9110–04–P




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Document Created: 2017-08-15 01:12:30
Document Modified: 2017-08-15 01:12:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 16, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Navin Griffin, Sector Houston-Galveston, U.S. Coast Guard; telephone (281) 464-4736, email [email protected]
FR Citation82 FR 38643 
RIN Number1625-AA01

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