[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85053-85055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24757]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0957]
RIN 1625-AA00


Safety Zones; Houston Ship Channel and Morgan's Point, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones, a 
100-yard radius moving safety zone and a 25-yard radius fixed safety 
zone, around the M/V PIETERSGRACHT, in the navigable waters of the 
Houston Ship Channel and its vicinity. The temporary safety zones are 
necessary to protect persons, property, and the marine environment from 
potential hazards associated with the transfer of gantry cranes. 
Persons and vessels are prohibited from entering, transiting through, 
anchoring in, or remaining within the safety zones unless specifically 
authorized by the Captain of the Port Sector Houston-Galveston or a 
designated representative.

DATES: This rule is effective from 1 a.m. on October 29, 2024, through 
5 p.m. on November 15, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0957 in the search box, and click ``Search.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email First Class Marine Science Technician Christopher Morgan, 
Sector Houston-Galveston Waterways Management Division, U.S. Coast 
Guard; telephone 713-398-5823, email <a href="/cdn-cgi/l/email-protection#254d4a5056514a4b52524865505646420b484c49"><span class="__cf_email__" data-cfemail="345c5b4147405b5a43435974414757531a595d58">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
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

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency, for good cause, finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' The 
Coast Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. Prompt action is needed to respond to potential safety 
hazards associated with the transfer of this equipment. It is 
impracticable to publish an NPRM because we must establish these safety 
zones by October 29, 2024.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potential safety hazards associated with the transfer of 
gantry cranes scheduled to begin on October 29, 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Houston-Galveston (COTP) has 
determined that potential hazards associated with the transfer of 
gantry cranes starting October 29, 2024, will be a safety concern for 
anyone within a 100-yard radius of the M/V PIETERSGRACHT while in 
transit and within a 25-yard radius of the M/V PIETERSGRACHT while 
moored. This rule is needed to protect persons, property, and the 
marine environment within the navigable waters of the safety zones 
while the M/V PIETERSGRACHT transits to and unloads gantry cranes in 
Morgan's Point, Texas.

IV. Discussion of the Rule

    This rule establishes two temporary safety zones from 1 a.m. on 
October 29, 2024, through 5 p.m. on November 15, 2024. The temporary 
safety zones include a moving safety zone, covering all navigable 
waters within a 100-yard radius of the M/V PIETERSGRACHT, a general 
cargo ship, while underway and a fixed safety zone covering all 
navigable waters within a 25-yard radius of the M/V PIETERSGRACHT while 
moored. The duration of these

[[Page 85054]]

zones is intended to ensure the safety of the public, vessels and the 
navigable waters in the specified areas during the transit of the 
gantry cranes in the Houston Ship Channel and while the vessel is 
moored and unloading. No vessel or person will be permitted to enter, 
transit through, anchor in, or remain within the safety zones without 
obtaining permission from the COTP or a designated representative.
    Moving Safety Zone: This area includes all waters within a 100-yard 
radius of the M/V PIETERSGRACHT as the vessel transits from the Gulf of 
Mexico off the coast of Galveston and through the Houston Ship Channel. 
The approximate start position is 29[deg]19'01.21'' N, 
094[deg]38'38.1'' W, located in the Gulf of Mexico off the coast of 
Galveston, Texas.
    Fixed Safety Zone: This area includes all waters within a 25-yard 
radius of the M/V PIETERSGRACHT once the M/V PIETERSGRACHT is moored at 
Barbours Cut Terminal in Morgan's Point, Texas, at coordinates 
29[deg]41'03'' N, 094[deg]59'40'' W.

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 the 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. This rule has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the Office of Management and Budget has not reviewed this 
rule.
    This regulatory action determination is based on the safety zones' 
size, location, duration, and time-of-day. The safety zones will be 
subject to enforcement the entire duration of the effective period to 
facilitate the safe transfer of gantry cranes in the Houston Ship 
Channel. Although the rule prohibits persons and vessels from entering, 
transiting through, anchoring in, or remaining within the regulated 
area without authorization from the COTP or a designated 
representative, persons and vessels may be present in the surrounding 
areas during the enforcement period. The Coast Guard will provide 
advance notification of the safety zones to the local maritime 
community by Local Notice to Mariners or Broadcast Notice to Mariners, 
and the rule will allow persons and vessels to seek permission to enter 
the zones.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email 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 businesses. 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 principles of 
federalism 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 
responsibilities between the Federal Government and Indian tribes.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Polic1y 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 safety 
zones that will prohibit persons and vessels from entering, transiting 
through, anchoring in, or remaining within the safety zones around the 
M/V PIETERSGRACHT while underway and moored in the Houston Ship 
Channel. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01,

[[Page 85055]]

Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0957 to read as follows:


Sec.  165.T08-0957  Fixed and Moving Safety Zone; Vicinity of the M/
VPIETERSGRACHT, Houston Ship Channel and Morgan's Point, TX.

    (a) Location. The following areas are temporary safety zones:
    (1) Moving Safety Zone. All waters within a 100-yard radius of the 
M/V PIETERSGRACHT, as the vessel transits from the approximate 
coordinates 29[deg]19'01.21'' N, 094[deg]38'38.1'' W, off the coast of 
Galveston, TX, and proceeds through the Houston Ship Channel to the 
assigned docking station.
    (2) Fixed Safety Zone. All waters within a 25-yard radius of the M/
V PIETERSGRACHT while moored at the Barbours Cut Terminal in Morgan's 
Point, Texas.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Sector Houston-Galveston (COTP) in the enforcement 
of the safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, all persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zones described in paragraph (a) of this section unless 
authorized by the COTP or the COTP's designated representative.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the safety zones by contacting the 
COTP by telephone at 866-539-8114, or the COTP's designated 
representative via VHF radio on channel 16. If authorization is granted 
by the COTP or the COTP's designated representative, all persons and 
vessels receiving such authorization must comply with the lawful 
instructions of the COTP or the COTP's designated representative.
    (d) Enforcement period. This rule will be subject to enforcement 
from 1 a.m. on October 29, 2024, through 5 p.m. on November 15, 2024.

Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-24757 Filed 10-24-24; 8:45 am]
BILLING CODE 9110-04-P


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