Rule2022-18578
Safety Zone; Houston Ship Channel, Houston, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Effective
August 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 1,000 foot radius of the deadship tow of the Battleship Texas while it transits from its current location at San Jacinto Park on the Houston Ship Channel to its drydock location on the Galveston Channel. The safety zone is needed to ensure the safety of other waterway users. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Houston-Galveston. Tug and barge traffic will be authorized to transit through the safety zone in the barge lanes, with no meeting or overtaking of other tug and barge traffic, with Vessel Traffic Service approval.
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52686-52688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18578]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0651]
RIN 1625-AA00
Safety Zone; Houston Ship Channel, Houston, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1,000 foot radius of the deadship tow of the
Battleship Texas while it transits from its current location at San
Jacinto Park on the Houston Ship Channel to its drydock location on the
Galveston Channel. The safety zone is needed to ensure the safety of
other waterway users. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Houston-Galveston. Tug and barge traffic will be authorized to transit
through the safety zone in the barge lanes, with no meeting or
overtaking of other tug and barge traffic, with Vessel Traffic Service
approval.
DATES: This rule is effective from 6 a.m. through 9 p.m. on August 31,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0651 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 on this rule,
call or email MST1 Christopher Morgan, Sector Houston-Galveston
Waterways Management Division, U.S. Coast Guard; telephone 281-464-
4780, email <a href="/cdn-cgi/l/email-protection#0b63647e787f64657c7c664b7e78686c25666267"><span class="__cf_email__" data-cfemail="b9d1d6cccacdd6d7ceced4f9cccadade97d4d0d5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 52687]]
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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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.'' Under 5 U.S.C. 553(b)(B), 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. The Coast Guard
must establish this safety zone by August 31, 2022, and lacks
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with towing a World War I era vessel down the Houston Ship Channel and
Galveston Channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with
the deadship tow of the Battleship Texas on August 31, 2022 in the
Houston Ship Channel and Galveston Channel, will be a safety concern
for anyone within the area of the transit. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within these areas during the deadship tow.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. until 9 p.m. on
August 31, 2022. The safety zone will cover a 1,000 foot radius of the
Battle Ship Texas deadship tow while it transits the Houston Ship
Channel and Galveston Channel. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the deadship tow occurs. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. Tug and barge traffic
will be authorized to transit through the safety zone in the barge
lanes, with no meeting or overtaking of other tug and barge traffic,
with Vessel Traffic Service approval.
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. 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).
This regulatory action determination is based on the duration and
size of the safety zone. The Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone, and the rule
will allow tug and barge traffic to seek permission to enter the zone
while the tow is underway.
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 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
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
[[Page 52688]]
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 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 a
safety zone encompassing a 1,000 foot radius of the Battleship Texas
while it is under tow within the Houston Ship Channel and Galveston
Channel. It is categorically excluded from further review under
paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.
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
Harbours, Marine safety, Navigation, 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0651 to read as follows:
Sec. 165.T08-0651 Safety Zone; Houston Ship Channel, Houston, TX.
(a) Location. The following area is a safety zone during specified
conditions: All navigable waters within a 1,000 foot radius of the
deadship tow of the Battleship Texas while the vessel transits the
Houston Ship Channel and Galveston Channel.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Houston-Galveston (COTP) or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 281-464-4780, or email at <a href="/cdn-cgi/l/email-protection#dfb7b0aaacabb0b1a8a8b29faaacbcb8f1b2b6b3"><span class="__cf_email__" data-cfemail="0d6562787e7962637a7a604d787e6e6a23606461">[email protected]</span></a>. Those
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
(3) Tug and barge traffic will be authorized to transit through the
safety zone in the barge lanes, with no meeting or overtaking of other
tug and barge traffic, with Vessel Traffic Service approval.
(c) Enforcement period. The safety zone remains in effect from 6
a.m. until 9 p.m. on August 31, 2022, until the Battleship Texas is
moored at the drydock facility on the Galveston Channel.
Dated: August 22, 2022.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Houston-Galveston.
[FR Doc. 2022-18578 Filed 8-26-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 29, 2022.
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