83_FR_18494 83 FR 18412 - Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas

83 FR 18412 - Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18412-18414
FR Document2018-08873

The Coast Guard is establishing a new anchorage area, Anchorage Area Alpha (A) East in Bolivar Roads near Galveston, Texas. The establishment of this additional anchorage area would enhance navigational safety, support regional maritime security needs, and contribute to the free flow of commerce in the Houston-Galveston area.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18412-18414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08873]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a new anchorage area, 
Anchorage Area Alpha (A) East in Bolivar Roads near Galveston, Texas. 
The establishment of this additional anchorage area would enhance 
navigational safety, support regional maritime security needs, and 
contribute to the free flow of commerce in the Houston-Galveston area.

DATES: This rule is effective May 29, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0549 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) Navin Griffin, Sector 
Houston-Galveston, U.S. Coast Guard; telephone (281) 464-4736, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 15, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Grounds; Galveston Harbor, Bolivar 
Roads Channel, Galveston, Texas (82 FR 38643). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this Anchorage Area. During the comment period that ended, 
October 16, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 33 
U.S.C. 471, 1221 through 1236; 33 CFR 1.05-1, Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to propose, establish, and define regulatory anchorages.
    After extensive discussion, including the observations of and 
comments from various members of the port community, the Coast Guard 
has determined that the establishment of Anchorage Area (A) East in the 
Bolivar Roads area is necessary to address port security, port 
congestion, and navigation safety concerns. The proposed anchorage area 
was once an area utilized for spoils from dredging and is equipped to 
safely receive deep draft vessels. This proposed anchorage is primarily 
intended as an overflow

[[Page 18413]]

anchorage for vessels that are awaiting an exam or inspection. We are 
amending 33 CFR 110.197 to establish Anchorage Area (A) East in order 
to increase the safety of life and property on navigable waters, 
improve the safety of vessels operating, transiting, or anchored and 
moored in the vicinity, and provide for the overall safe and efficient 
flow of vessel traffic and commerce in the area.
    The Coast Guard has ascertained the view of the Galveston, TX 
District and Division Engineer, Corps of Engineers, U.S. Army, about 
the specific provisions of this rule.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 15, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a new anchorage Area known as Anchorage Area 
Alpha (A) East. This anchorage area is located in the Galveston Harbor 
and Bolivar Roads Channel, TX, just east and adjacent to established 
Anchorage Area (A) in 33 CFR 110.197(a)(1). The boundaries of Anchorage 
Area Alpha (A) East are presented in Sec.  110.197(a)(4) in the 
regulatory text at the end of this document. The anchorage area is 
approximately 0.19 square miles.
    Anchorage Area (A) East is intended for temporary use by vessels of 
all types. Vessels will be allowed to occupy the anchorage areas during 
a wide range of conditions and for a broad variety of purposes. For 
example, vessels would be allowed to anchor temporarily while taking on 
stores, transferring personnel, or engaging in bunkering operations. 
Vessels would also be allowed to use anchorage areas while awaiting 
weather and other conditions favorable to resuming their voyage. 
However, it is to be emphasized that this anchorage is primarily 
intended as an overflow anchorage for vessels that are awaiting an exam 
or inspection. Vessels would not be allowed to anchor so as to obstruct 
the passage of other vessels proceeding to and from anchorage spaces. 
Anchors would not be placed in the channel and no portion of the hull 
or rigging would be allowed to extend outside the limits of the 
anchorage area.
    Whenever the maritime or commercial interests of the United States 
so require, the Captain of the Port Houston-Galveston or his designated 
representative may direct the movement of any vessel anchored or moored 
within the anchorage areas.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location and 
size of the proposed anchorage grounds, as well as, historical 
automatic identification system (AIS) data. The impacts on routine 
navigation are expected to be minimal because the proposed anchorage 
area is located outside of the established navigation channel. When not 
occupied, vessels would be able to maneuver in, around, and through the 
anchorage. Operators on our end maneuvering their vessels around the 
limits of the proposed anchorage area would not be significantly 
impacted.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 00 comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. The anchorage area is located in an 
area of Bolivar Roads that is not a popular or productive fishing 
location. Further, the location is in an area not routinely transited 
by vessels heading to, or returning from, known fishing grounds. 
Finally, the anchorage is located in an area that is not currently used 
by small entities, including small vessels, for anchoring due to the 
depth of water naturally present in the area.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and

[[Page 18414]]

responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves the establishment of a permanent 
anchorage area in Bolivar Roads near Galveston, Texas. It is 
categorically excluded from further review under paragraph L59(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


0
2. In Sec.  110.197, add paragraph (a)(4) to read as follows:


Sec.  110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

    (a) * * *
    (4) Anchorage Area (A) East. The waters bounded by a line 
connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
29[deg]21'5.87'' N                   094[deg]42'52.7'' W
29[deg]20'53.99'' N                  094[deg]42'7.13'' W
29[deg]20'45.31'' N                  094[deg]42'37.75'' W
29[deg]20'39.16'' N                  094[deg]42'7.81'' W
------------------------------------------------------------------------


and thence to the point of beginning. The coordinates are based on NAD 
83.
* * * * *

    Dated: April 23, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-08873 Filed 4-26-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                18412                      Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations

                                                Regulatory Flexibility Act                                           cause a major increase in costs or prices               the Federal regulation did not impose
                                                   The Department of the Interior                                    for consumers, individual industries,                   an unfunded mandate.
                                                certifies that this rulemaking will not                              Federal, State, or local government
                                                                                                                                                                             List of Subjects in 30 CFR Part 901
                                                have a significant economic impact on                                agencies, or geographic regions; and (c)
                                                a substantial number of small entities                               Does not have significant adverse effects                Intergovernmental relations, Surface
                                                under the Regulatory Flexibility Act (5                              on competition, employment,                             mining, Underground mining.
                                                U.S.C. 601 et seq.). The State submittal,                            investment, productivity, innovation, or                  Dated: April 3, 2018.
                                                which is the subject of this rulemaking,                             the ability of U.S.-based enterprises to
                                                                                                                                                                             Alfred L. Clayborne,
                                                is based upon counterpart Federal                                    compete with foreign-based enterprises.
                                                                                                                     This determination is based upon the                    Regional Director, Mid-Continent Region.
                                                regulations for which an economic
                                                analysis was prepared and certification                              fact that the State submittal, which is                   For the reasons set out in the
                                                made that such regulations would not                                 the subject of this rulemaking, is based                preamble, 30 CFR part 901 is amended
                                                have a significant economic effect upon                              upon counterpart Federal regulations for                as set forth below:
                                                a substantial number of small entities.                              which an analysis was prepared and a
                                                In making the determination as to                                    determination made that the Federal                     PART 901—ALABAMA
                                                whether this rulemaking would have a                                 regulation was not considered a major
                                                significant economic impact, the                                     rule.                                                   ■ 1. The authority citation for part 901
                                                Department relied upon the data and                                  Unfunded Mandates                                       continues to read as follows:
                                                assumptions for the counterpart Federal                                                                                          Authority: 30 U.S.C. 1201 et seq.
                                                regulations.                                                            This rulemaking will not impose an
                                                                                                                     unfunded mandate on State, local, or                    ■ 2. Section 901.15 is amended in the
                                                Small Business Regulatory Enforcement                                tribal governments or the private sector
                                                Fairness Act                                                                                                                 table by adding an entry FOR
                                                                                                                     of $100 million or more in any given                    ‘‘ASMCRA 9–16–79 and 9–16–79(4)b’’
                                                  This rulemaking is not a major rule                                year. This determination is based upon                  in chronological order by ‘‘Date of final
                                                under 5 U.S.C. 804(2), the Small                                     the fact that the State submittal, which                publication’’ to read as follows:
                                                Business Regulatory Enforcement                                      is the subject of this rulemaking, is
                                                Fairness Act. This rulemaking: (a) Does                              based upon counterpart Federal                          § 901.15 Approval of Alabama regulatory
                                                not have an annual effect on the                                     regulations for which an analysis was                   program amendments.
                                                economy of $100 million; (b) Will not                                prepared and a determination made that                  *        *       *      *     *

                                                               Original amendment submission date                                     Date of final publication                           Citation/description


                                                         *                            *                                *                          *                   *                 *                            *
                                                June 12, 2015 .....................................................................        April 27, 2018          ASMCRA 9–16–79 and 9–16–79(4)b.



                                                [FR Doc. 2018–08935 Filed 4–26–18; 8:45 am]                          DATES:      This rule is effective May 29,              Grounds; Galveston Harbor, Bolivar
                                                BILLING CODE 4310–05–P                                               2018.                                                   Roads Channel, Galveston, Texas (82 FR
                                                                                                                     ADDRESSES:   To view documents                          38643). There we stated why we issued
                                                                                                                     mentioned in this preamble as being                     the NPRM, and invited comments on
                                                                                                                     available in the docket, go to http://                  our proposed regulatory action related
                                                DEPARTMENT OF HOMELAND                                                                                                       to this Anchorage Area. During the
                                                SECURITY                                                             www.regulations.gov, type USCG–2015–
                                                                                                                     0549 in the ‘‘SEARCH’’ box and click                    comment period that ended, October 16,
                                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                        2017, we received no comments.
                                                Coast Guard
                                                                                                                     Folder on the line associated with this                 III. Legal Authority and Need for Rule
                                                33 CFR Part 110                                                      rule.
                                                                                                                                                                                The legal basis and authorities for this
                                                                                                                     FOR FURTHER INFORMATION CONTACT: If                     rule are found in 33 U.S.C. 471, 1221
                                                [Docket Number USCG–2015–0549]                                       you have questions on this rule, call or                through 1236; 33 CFR 1.05–1,
                                                                                                                     email Lieutenant Commander (LCDR)                       Department of Homeland Security
                                                RIN 1625–AA01                                                        Navin Griffin, Sector Houston-                          Delegation No. 0170.1, which
                                                                                                                     Galveston, U.S. Coast Guard; telephone                  collectively authorize the Coast Guard
                                                Anchorage Grounds; Galveston                                         (281) 464–4736, email Navin.L.Griffin@
                                                Harbor, Bolivar Roads Channel,                                                                                               to propose, establish, and define
                                                                                                                     uscg.mil.                                               regulatory anchorages.
                                                Galveston, Texas
                                                                                                                     SUPPLEMENTARY INFORMATION:                                 After extensive discussion, including
                                                AGENCY:      Coast Guard, DHS.                                       I. Table of Abbreviations                               the observations of and comments from
                                                ACTION:     Final rule.                                                                                                      various members of the port
                                                                                                                     CFR Code of Federal Regulations                         community, the Coast Guard has
                                                SUMMARY:   The Coast Guard is                                        DHS Department of Homeland Security                     determined that the establishment of
                                                                                                                     FR Federal Register
                                                establishing a new anchorage area,                                   NPRM Notice of proposed rulemaking
                                                                                                                                                                             Anchorage Area (A) East in the Bolivar
                                                Anchorage Area Alpha (A) East in                                     § Section                                               Roads area is necessary to address port
jstallworth on DSKBBY8HB2PROD with RULES




                                                Bolivar Roads near Galveston, Texas.                                 U.S.C. United States Code                               security, port congestion, and
                                                The establishment of this additional                                                                                         navigation safety concerns. The
                                                anchorage area would enhance                                         II. Background Information and                          proposed anchorage area was once an
                                                navigational safety, support regional                                Regulatory History                                      area utilized for spoils from dredging
                                                maritime security needs, and contribute                                 On August 15, 2017, the Coast Guard                  and is equipped to safely receive deep
                                                to the free flow of commerce in the                                  published a notice of proposed                          draft vessels. This proposed anchorage
                                                Houston-Galveston area.                                              rulemaking (NPRM) titled Anchorage                      is primarily intended as an overflow


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                                                                     Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations                                        18413

                                                anchorage for vessels that are awaiting                 V. Regulatory Analyses                                location is in an area not routinely
                                                an exam or inspection. We are                             We developed this rule after                        transited by vessels heading to, or
                                                amending 33 CFR 110.197 to establish                    considering numerous statutes and                     returning from, known fishing grounds.
                                                Anchorage Area (A) East in order to                     Executive orders related to rulemaking.               Finally, the anchorage is located in an
                                                increase the safety of life and property                Below we summarize our analyses                       area that is not currently used by small
                                                on navigable waters, improve the safety                                                                       entities, including small vessels, for
                                                                                                        based on a number of these statutes and
                                                of vessels operating, transiting, or                                                                          anchoring due to the depth of water
                                                                                                        Executive orders, and we discuss First
                                                anchored and moored in the vicinity,                                                                          naturally present in the area.
                                                                                                        Amendment rights of protestors.                          Under section 213(a) of the Small
                                                and provide for the overall safe and
                                                efficient flow of vessel traffic and                    A. Regulatory Planning and Review                     Business Regulatory Enforcement
                                                commerce in the area.                                                                                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                           Executive Orders 12866 and 13563
                                                                                                                                                              we want to assist small entities in
                                                   The Coast Guard has ascertained the                  direct agencies to assess the costs and
                                                                                                                                                              understanding this rule. If the rule
                                                view of the Galveston, TX District and                  benefits of available regulatory
                                                                                                                                                              would affect your small business,
                                                Division Engineer, Corps of Engineers,                  alternatives and, if regulation is
                                                                                                                                                              organization, or governmental
                                                U.S. Army, about the specific provisions                necessary, to select regulatory
                                                                                                                                                              jurisdiction and you have questions
                                                of this rule.                                           approaches that maximize net benefits.
                                                                                                                                                              concerning its provisions or options for
                                                                                                        Executive Order 13771 directs agencies
                                                IV. Discussion of Comments, Changes,                                                                          compliance, please contact the person
                                                                                                        to control regulatory costs through a
                                                and the Rule                                                                                                  listed in the FOR FURTHER INFORMATION
                                                                                                        budgeting process. This rule has not
                                                                                                                                                              CONTACT section.
                                                  As noted above, we received no                        been designated a ‘‘significant                          Small businesses may send comments
                                                comments on our NPRM published                          regulatory action,’’ under Executive                  on the actions of Federal employees
                                                August 15, 2017. There are no changes                   Order 12866. Accordingly, this rule has               who enforce, or otherwise determine
                                                in the regulatory text of this rule from                not been reviewed by the Office of                    compliance with, Federal regulations to
                                                the proposed rule in the NPRM.                          Management and Budget (OMB), and                      the Small Business and Agriculture
                                                  This rule establishes a new anchorage                 pursuant to OMB guidance it is exempt                 Regulatory Enforcement Ombudsman
                                                Area known as Anchorage Area Alpha                      from the requirements of Executive                    and the Regional Small Business
                                                (A) East. This anchorage area is located                Order 13771.                                          Regulatory Fairness Boards. The
                                                in the Galveston Harbor and Bolivar                        This regulatory action determination               Ombudsman evaluates these actions
                                                Roads Channel, TX, just east and                        is based on the location and size of the              annually and rates each agency’s
                                                adjacent to established Anchorage Area                  proposed anchorage grounds, as well as,               responsiveness to small business. If you
                                                (A) in 33 CFR 110.197(a)(1). The                        historical automatic identification                   wish to comment on actions by
                                                boundaries of Anchorage Area Alpha                      system (AIS) data. The impacts on                     employees of the Coast Guard, call 1–
                                                (A) East are presented in § 110.197(a)(4)               routine navigation are expected to be                 888–REG–FAIR (1–888–734–3247). The
                                                in the regulatory text at the end of this               minimal because the proposed                          Coast Guard will not retaliate against
                                                document. The anchorage area is                         anchorage area is located outside of the              small entities that question or complain
                                                approximately 0.19 square miles.                        established navigation channel. When                  about this rule or any policy or action
                                                                                                        not occupied, vessels would be able to                of the Coast Guard.
                                                  Anchorage Area (A) East is intended                   maneuver in, around, and through the
                                                for temporary use by vessels of all types.              anchorage. Operators on our end                       C. Collection of Information
                                                Vessels will be allowed to occupy the                   maneuvering their vessels around the                    This rule will not call for a new
                                                anchorage areas during a wide range of                  limits of the proposed anchorage area                 collection of information under the
                                                conditions and for a broad variety of                   would not be significantly impacted.                  Paperwork Reduction Act of 1995 (44
                                                purposes. For example, vessels would
                                                                                                        B. Impact on Small Entities                           U.S.C. 3501–3520).
                                                be allowed to anchor temporarily while
                                                taking on stores, transferring personnel,                  The Regulatory Flexibility Act of                  D. Federalism and Indian Tribal
                                                or engaging in bunkering operations.                    1980, 5 U.S.C. 601–612, as amended,                   Governments
                                                Vessels would also be allowed to use                    requires Federal agencies to consider                    A rule has implications for federalism
                                                anchorage areas while awaiting weather                  the potential impact of regulations on                under Executive Order 13132,
                                                and other conditions favorable to                       small entities during rulemaking. The                 Federalism, if it has a substantial direct
                                                resuming their voyage. However, it is to                term ‘‘small entities’’ comprises small               effect on the States, on the relationship
                                                be emphasized that this anchorage is                    businesses, not-for-profit organizations              between the national government and
                                                primarily intended as an overflow                       that are independently owned and                      the States, or on the distribution of
                                                anchorage for vessels that are awaiting                 operated and are not dominant in their                power and responsibilities among the
                                                an exam or inspection. Vessels would                    fields, and governmental jurisdictions                various levels of government. We have
                                                not be allowed to anchor so as to                       with populations of less than 50,000.                 analyzed this rule under that Order and
                                                obstruct the passage of other vessels                   The Coast Guard received 00 comments                  have determined that it is consistent
                                                proceeding to and from anchorage                        from the Small Business Administration                with the fundamental federalism
                                                spaces. Anchors would not be placed in                  on this rulemaking. The Coast Guard                   principles and preemption requirements
                                                the channel and no portion of the hull                  certifies under 5 U.S.C. 605(b) that this             described in Executive Order 13132.
                                                or rigging would be allowed to extend                   rule will not have a significant                         Also, this rule does not have tribal
                                                outside the limits of the anchorage area.               economic impact on a substantial                      implications under Executive Order
jstallworth on DSKBBY8HB2PROD with RULES




                                                  Whenever the maritime or                              number of small entities.                             13175, Consultation and Coordination
                                                commercial interests of the United                         The number of small entities                       with Indian Tribal Governments,
                                                States so require, the Captain of the Port              impacted and the extent of the impact,                because it does not have a substantial
                                                Houston-Galveston or his designated                     if any, is expected to be minimal. The                direct effect on one or more Indian
                                                representative may direct the movement                  anchorage area is located in an area of               tribes, on the relationship between the
                                                of any vessel anchored or moored                        Bolivar Roads that is not a popular or                Federal Government and Indian tribes,
                                                within the anchorage areas.                             productive fishing location. Further, the             or on the distribution of power and


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                                                18414                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations

                                                responsibilities between the Federal                      Authority: 33 U.S.C. 471, 1221 through              ADDRESSES:   You may submit comments
                                                Government and Indian tribes. If you                    1236, 2071; 33 CFR 1.05–1; Department of              identified by docket number USCG–
                                                believe this rule has implications for                  Homeland Security Delegation No. 0170.1.              2017–0857 using Federal eRulemaking
                                                federalism or Indian tribes, please                     ■ 2. In § 110.197, add paragraph (a)(4) to            Portal at http://www.regulations.gov.
                                                contact the person listed in the FOR                    read as follows:                                        See the ‘‘Public Participation and
                                                FURTHER INFORMATION CONTACT section.                                                                          Request for Comments’’ portion of the
                                                                                                        § 110.197 Galveston Harbor, Bolivar Roads             SUPPLEMENTARY INFORMATION section
                                                E. Unfunded Mandates Reform Act                         Channel, Texas.                                       below for instructions on submitting
                                                                                                          (a) * * *                                           comments.
                                                  The Unfunded Mandates Reform Act                        (4) Anchorage Area (A) East. The
                                                of 1995 (2 U.S.C. 1531–1538) requires                   waters bounded by a line connecting the               FOR FURTHER INFORMATION CONTACT: If
                                                Federal agencies to assess the effects of               following points:                                     you have questions on this test
                                                their discretionary regulatory actions. In                                                                    deviation, call or email LT Allan Storm,
                                                particular, the Act addresses actions                           Latitude                   Longitude          Sector Jacksonville, Waterways
                                                that may result in the expenditure by a                                                                       Management Division, U.S. Coast
                                                State, local, or tribal government, in the              29°21′5.87″ N                094°42′52.7″ W           Guard; telephone 904–714–7616, email
                                                aggregate, or by the private sector of                  29°20′53.99″ N               094°42′7.13″ W           Allan.H.Storm@uscg.mil.
                                                $100,000,000 (adjusted for inflation) or                29°20′45.31″ N               094°42′37.75″ W          SUPPLEMENTARY INFORMATION:
                                                more in any one year. Though this rule                  29°20′39.16″ N               094°42′7.81″ W
                                                will not result in such an expenditure,                                                                       I. Background, Purpose and Legal Basis
                                                we do discuss the effects of this rule                  and thence to the point of beginning.                    The Buffalo Bluff CSX Railroad Bridge
                                                elsewhere in this preamble.                             The coordinates are based on NAD 83.                  across the St. Johns River, mile 94.5, in
                                                                                                        *    *    *     *     *                               Satsuma, Putnam County, FL is a
                                                F. Environment
                                                                                                          Dated: April 23, 2018.                              bascule bridge. It has a vertical
                                                  We have analyzed this rule under                      Paul F. Thomas,                                       clearance of 7 feet at mean high water
                                                Department of Homeland Security                                                                               in the closed position and a horizontal
                                                                                                        Rear Admiral, U.S. Coast Guard, Commander,
                                                Directive 023–01, which guides the                      Eighth Coast Guard District.                          clearance of 90 feet. The bridge is
                                                Coast Guard in complying with the                                                                             currently manned and maintained in the
                                                                                                        [FR Doc. 2018–08873 Filed 4–26–18; 8:45 am]
                                                National Environmental Policy Act of                                                                          open position. This test deviation would
                                                                                                        BILLING CODE 9110–04–P
                                                1969 (42 U.S.C. 4321–4370f), and have                                                                         provide for the bridge to be remotely
                                                determined that this action is one of a                                                                       monitored and operated. Visual
                                                category of actions that do not                         DEPARTMENT OF HOMELAND                                monitoring of the waterway shall be
                                                individually or cumulatively have a                     SECURITY                                              maintained with the use of cameras and
                                                significant effect on the human                                                                               the detection of vessels under the span
                                                environment. This rule involves the                     Coast Guard                                           shall be accomplished with detection
                                                establishment of a permanent anchorage                                                                        sensors. Marine radio communication
                                                area in Bolivar Roads near Galveston,                   33 CFR Part 117                                       shall be maintained with mariners near
                                                Texas. It is categorically excluded from                                                                      the bridge for the safety of navigation.
                                                                                                        [Docket No. USCG–2017–0857]                           The remote tender may also be
                                                further review under paragraph L59(a)
                                                of Appendix A, Table 1 of DHS                                                                                 contacted via telephone at (386) 649–
                                                                                                        Drawbridge Operation Regulation; St.
                                                Instruction Manual 023–01–001–01,                                                                             8358. The span is normally in the fully
                                                                                                        Johns River, Putnam County, FL
                                                Rev. 01. A Record of Environmental                                                                            open position and will display green
                                                Consideration supporting this                           AGENCY: Coast Guard, DHS.                             lights to indicate that the span is fully
                                                determination is available in the docket                ACTION: Notice of temporary deviation                 open. When a train approaches, the
                                                where indicated under ADDRESSES.                        from regulations; request for comments.               remote tender shall monitor for vessels
                                                                                                                                                              approaching the bridge. The remote
                                                G. Protest Activities                                   SUMMARY:   The Coast Guard has issued a               tender shall warn approaching vessels
                                                                                                        temporary deviation from the operating                via marine radio, channel 9 VHF of a
                                                  The Coast Guard respects the First
                                                                                                        schedule that governs the Buffalo Bluff               bridge lowering. Provided the sensors
                                                Amendment rights of protesters.
                                                                                                        CSX Railroad Bridge across the St. Johns              do not detect a vessel under the span,
                                                Protesters are asked to contact the
                                                                                                        River, mile 94.5, at Satsuma, Putnam                  the tender shall initiate the span
                                                person listed in the FOR FURTHER
                                                                                                        County, FL. This deviation will test a                lowering sequence, which includes the
                                                INFORMATION CONTACT section to
                                                                                                        change to the drawbridge operation to                 sounding of a horn and the displaying
                                                coordinate protest activities so that your
                                                                                                        determine whether a permanent change                  of red lights. The span will remain in
                                                message can be received without
                                                                                                        from manned to remote operations is                   the down position for a minimum of
                                                jeopardizing the safety or security of
                                                                                                        feasible. This deviation will allow the               eight minutes or for the entire time the
                                                people, places or vessels.
                                                                                                        bridge to operate remotely from the CSX               approach track circuit is occupied. After
                                                List of Subjects in 33 CFR Part 110                     Railroad Bridge on the Ortega River                   the train has cleared the bridge track
                                                                                                        (McGirts Creek) located at mile 1.1 on                circuit, the span shall open and the
                                                    Anchorage Grounds.                                  the Ortega River.                                     green lights will be displayed. This will
                                                  For the reasons discussed in the                      DATES: This deviation is effective                    allow vessels to pass through the bridge
                                                preamble, the Coast Guard amends 33                     without actual notice from April 27,                  while taking into account the reasonable
jstallworth on DSKBBY8HB2PROD with RULES




                                                CFR part 110 as follows:                                2018 through 6 a.m. September 2, 2018.                needs of other modes of transportation.
                                                                                                        For the purposes of enforcement, actual                  The Coast Guard will also inform the
                                                PART 110—ANCHORAGE                                      notice will be used from April 23, 2018,              users of the waterways through our
                                                REGULATIONS                                             until April 27, 2018.                                 Local and Broadcast Notices to Mariners
                                                                                                          Comments and related materials must                 of the change in operating schedule for
                                                ■ 1. The authority citation for part 110                reach the Coast Guard on or before                    the bridge so that vessel operators can
                                                continues to read as follows:                           August 14, 2018.                                      arrange their transits to minimize any


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Document Created: 2018-04-27 01:45:58
Document Modified: 2018-04-27 01:45:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 29, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Commander (LCDR) Navin Griffin, Sector Houston-Galveston, U.S. Coast Guard; telephone (281) 464-4736, email [email protected]
FR Citation83 FR 18412 
RIN Number1625-AA01

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