[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19289-19292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07839]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0034]
RIN 1625-AA00
Safety Zone, Texas City Channel; Texas City, TX
AGENCY: Coast Guard, DHS.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is removing the
regulation
[[Page 19290]]
for the safety zone at Snake Island, also known as Shoal Point, within
the Texas City Channel. The Coast Guard is removing the regulation
because it places general restrictions on vessels which are no longer
necessary.
DATES: This rule is effective on July 7, 2014, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before May 8, 2014. If the Coast Guard receives
a written adverse comment or written notice of intent to submit a
written adverse comment, the Coast Guard will publish a timely
withdrawal of this Direct Final Rule.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG William Stewart, Marine Safety Unit Texas City, U.S.
Coast Guard; telephone (409) 978-2730, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VTS Vessel Traffic Service
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-0034] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0034) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard proposed to establish a safety zone at Snake Island
on July 31, 1981 to assist in managing port congestions. The safety
zone became a final rule on July 8, 1982 [47 FR 13802]. On June 29,
2000, the safety zone was amended to reflect a name change from Captain
of the Port, Galveston to Captain of the Port, Houston-Galveston. The
safety zone is currently codified as amended at 33 CFR 165.804.
We are publishing this direct final rule under 33 CFR 1.05-55
because this rule removes a regulatory burden found no longer necessary
and no adverse comments are expected. If no adverse comment or notice
of intent to submit an adverse comment is received by May 8, 2014, this
rule, removing an existing safety zone regulation, will become
effective as stated in the DATES section. In that case, approximately
30 days before the effective date, we will publish a document in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if we receive an adverse comment or notice of intent to submit an
adverse comment, we will publish a document in the Federal Register
announcing the withdrawal of all or part of this direct final rule. If
an adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which no adverse comment was
received. We will withdraw the part of this rule that was the subject
of an adverse comment. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
notice of proposed
[[Page 19291]]
rulemaking (NPRM) and provide a new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The purpose of this direct final rule is to remove the regulation
found in 33 CFR 165.804 that established a safety zone restriction in
the Texas City Channel. The Coast Guard finds that the present
regulation imposes a continuous prohibition from mooring and fleeting
on Snake Island that is no longer necessary.
D. Discussion of the Final Rule
On June 3, 2013, the Port of Texas City requested the Captain of
the Port Houston-Galveston remove the safety zone currently enforced on
the west and northwest shores of Snake Island. The Port of Texas City
petitioned for the safety zone removal for ``the safety of the users of
the Texas City Harbor and to assist in managing the vessel traffic in
the Port of Texas City''. With the significant increase in vessel size
and traffic during the past thirty years, the Texas City Harbor is not
wide enough to accommodate barge traffic passing while ships are
docking or sailing. Thus, under the current regulation found under 33
CFR 165.804, barge traffic is subject to queuing in the Texas City
Channel for multiple hours, often navigating amongst other vessel
traffic and adverse weather conditions. By removing the safety zone on
Snake Island, barge traffic will be afforded the opportunity to moor
along the shoreline, lessening harbor congestion and reducing the risk
for marine casualties.
A regulation that imposes a continuous prohibition from mooring and
fleeting on Snake Island is no longer necessary for the following
reasons: (1) The Coast Guard established a Vessel Traffic Service (VTS)
in 1994 [Federal Register Volume 59, Number 135 (Friday, July 15,
1994)] which adequately manages vessel movements; (2) the Port of Texas
City has established a Harbormaster, who further facilitates traffic
movements and berthing arrangements; and (3) the Coast Guard
implemented a permanent security zone in Texas City, Texas established
under 33 CFR 165.814 which encompasses the west and northwest
approaches to Snake Island. This security zone restricts certain
vessels from entering specified areas and facilities within the port,
which effectively helps to manage traffic. Over time, by establishing a
Harbormaster, VTS, and certain other regulations the subject safety
zone under 33 CFR 165.804, has become unnecessary for its original
purpose to manage congestion.
The Port of Texas City's request to remove this safety zone has
received broad support and has been endorsed by the Galveston-Texas
City Pilot's Association, Lone Star Harbor Safety Committee, and Sector
Houston-Galveston Vessel Traffic Service. Additionally, the owner of
Snake Island, the City of Texas City has no objections to this
proposal.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Because this rule is
removing all safety zone restrictions under 33 CFR 165.804, it is not a
significant regulatory action. No new restrictions or actions are being
imposed by this rule.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This rule removes all restrictions imposed by the safety zone
regulation under 33 CFR 165.804. Therefore, the Coast Guard finds that
this rule will not have a significant economic impact on a substantial
number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
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Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental checklist and categorical exclusion determination are not
required under 34(g), for regulations disestablishing a safety zone. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--[AMENDED]
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.804 [REMOVED]
0
2. Remove Sec. 165.804.
Dated: February 21, 2014.
Brian K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2014-07839 Filed 4-7-14; 8:45 am]
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