
[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Rules and Regulations]               
[Page 47713-47715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au10-6]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0931]
RIN 1625-AA11

 
Regulated Navigation Area; Galveston Channel, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) across the entire width of the Galveston Channel in the vicinity 
of Sector Field Office (SFO) Galveston, Texas. This RNA will require 
vessels to navigate at no wake speeds within this area. Vessel transits 
at greater than minimum safe speed and causing wake in this area will 
be prohibited unless specifically authorized by the Captain of the Port 
Houston-Galveston or a designated representative. This RNA is needed to 
protect the Coast Guard SFO Galveston assets, break wall, and piers 
from further damage associated with excessive wake and to protect 
ongoing base construction.

DATES: This rule is effective September 8, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0931 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0931 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lieutenant junior grade Margaret Brown, Coast Guard 
Sector Houston-Galveston, telephone (713) 678-9001, or e-mail 
margaret.a.brown@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 13, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Area; Galveston Channel'' in the 
Federal Register (75 FR 18766). We received no comments on the proposed 
rule and are issuing the final rule without change from the NPRM.

Basis and Purpose

    The basis for this rulemaking is the Coast Guard's authority to 
establish regulated navigation areas, under 33 U.S.C. 1226, 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, 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1. A regulated navigation area 
is a water area within a defined boundary for which regulations for 
vessels navigating within the area have been established, to control 
vessel traffic in a place determined to have hazardous conditions. 33 
CFR 165.10;

[[Page 47714]]

U.S.C.G. Commandant Instruction Manual M16704.3A, 1-6.
    The purpose of this final rule is to establish a regulated 
navigation area in Galveston Channel, to protect the surrounding areas 
from the harmful effects of excessive wake. This RNA will require 
vessels to navigate at minimum safe speeds which produce no wake within 
the area of the Coast Guard SFO Galveston, Texas. Vessel transits at 
greater than minimum safe speed and causing wake in this area will be 
prohibited unless specifically authorized by the Captain of the Port 
Houston-Galveston or a designated representative. This RNA is intended 
to protect the Coast Guard assets, break wall, and piers from further 
damage associated with excessive wake and to protect ongoing base 
construction.

Discussion of Comments and Changes

    No comments were received regarding this rule. No changes have been 
made in the text we proposed in the NPRM.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation was 
unnecessary. The basis of this finding is that the area considered in 
this regulated navigation area is limited in nature and would not 
create undue delay to vessel traffic in and around the Port of 
Galveston.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities for the following reason: The extent of the proposed regulated 
navigation area is limited in size and would not create undue delay to 
vessel traffic in and around the Port of Galveston.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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

[[Page 47715]]

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded 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, under figure 2-1, 
paragraph (34)(g), of the Instruction because this rule involves a 
regulation establishing, disestablishing, or changing Regulated 
Navigation Areas and security or safety zones. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
Recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard has amended 
33 CFR part 165 as follows:

PART 165--SPECIFIC REGULATED NAVIGATION AREAS AND LIMITED ACCESS 
AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 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.

0
2. Add new Sec.  165.827 to read as follows:


Sec.  165.827  Regulated Navigation Area; Galveston Channel, TX.

    (a) Location. The following area is a regulated navigation area: 
All waters of the Galveston Channel within the area from Latitude 
29[deg]20'19'' N, Longitude 094[deg]46'36'' W, east to Latitude 
29[deg]20'06'' N, Longitude 094[deg]46'15'' W, south to Latitude 
29[deg]19'47'' N, Longitude 094[deg]46'27'' W, west to Latitude 
29[deg]19'51'' N, Longitude 094[deg]46'45'' W, and north to Latitude 
29[deg]20'19'' N, Longitude 094[deg]46'36'' W.
    (b) Regulations. (1) Vessels navigating this area must do so at a 
minimum safe speed so as to not cause any wake.
    (2) Vessels may proceed at greater than a minimum safe speed with 
permission of the Captain of the Port Houston-Galveston or a designated 
representative.
    (3) To request permission as required by these regulations, contact 
the Sector Houston-Galveston Command Center by telephone at (713)671-
5113.

    Dated: July 27, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, District 8 Commander.
[FR Doc. 2010-19521 Filed 8-6-10; 8:45 am]
BILLING CODE 9110-04-P

