Rule2024-13146
Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND; Houston Ship Channel and Seabrook, TX
Primary source
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Published
June 17, 2024
Effective
June 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones, a moving safety zone and a fixed safety zone, around the M/V HAPPY DIAMOND 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 rubber tire 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 Houston-Galveston or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51215-51218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13146]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0425]
RIN 1625-AA00
Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND;
Houston Ship Channel and Seabrook, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones, a
moving safety zone and a fixed safety zone, around the M/V HAPPY
DIAMOND in the navigable waters of the Houston Ship Channel and its
vicinity. The temporary safety zones are
[[Page 51216]]
necessary to protect persons, property, and the marine environment from
potential hazards associated with the transfer of rubber tire 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 Houston-Galveston or
a designated representative.
DATES: This rule is effective from 5 a.m. on June 15, 2024, through 4
p.m. on June 30, 2024.
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-
2024-0425 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 Lieutenant Junior Grade Linda I. Duncan, Sector Houston-
Galveston Waterways Management Division, Coast Guard; telephone 713-
398-5823, email <a href="/cdn-cgi/l/email-protection#30585f4543445f5e47475d70454353571e5d595c"><span class="__cf_email__" data-cfemail="8ce4e3f9fff8e3e2fbfbe1ccf9ffefeba2e1e5e0">[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. The Coast Guard received all relevant information for
the transfer of the rubber tire gantry cranes and the need for the
safety zone on May 15, 2024. Insufficient time remains to publish an
NPRM and receive and consider public comments because the rulemaking
process would not be completed before June 15, 2024. Proceeding with
the NPRM process would delay the establishment of the safety zones
beyond the event date, compromising the safety of the M/V HAPPY
DIAMOND, the crew, and other vessels navigating in surrounding
waterways. Therefore, it is impracticable to publish an NPRM because we
must establish the temporary safety zone by June 15, 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
rubber tire gantry cranes beginning on June 15, 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 Houston-Galveston (COTP) has determined
that potential hazards associated with the transfer of rubber tire
gantry cranes starting June 15, 2024, will be a safety concern for
anyone within a 100-yard radius while the M/V HAPPY DIAMOND is in
transit and for anyone within 25-yard radius while the M/V HAPPY
DIAMOND is 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 HAPPY DIAMOND transits to and unloads in Seabrook,
Texas.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from 5 a.m. on
June 15, 2024, through 4 p.m. on June 30, 2024. The temporary safety
zones include a moving safety zone, covering all navigable waters
within 100 yards of the M/V HAPPY DIAMOND general cargo ship, and a
fixed safety zone, covering all navigable waters within 25 yards of M/V
HAPPY DIAMOND. The duration of the zones is intended to ensure the
safety of the public and navigable waters in the specified areas during
the transit of the rubber tire 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 100 yards
of the M/V HAPPY DIAMOND 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 25 yards of
the M/V HAPPY DIAMOND once the M/V HAPPY DIAMOND is moored at Bayport
Terminal in Seabrook, Texas, 29[deg]36'18.61'' N, 095[deg]0'25.12'' 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
enforced for 15 days during the transfer of rubber tire 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, they may operate 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 and/or Broadcast Notice to Mariners, and the
rule would allow 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
[[Page 51217]]
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 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 safety
zones that will prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within the regulated area during
the transfer of rubber tire gantry cranes 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, 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.T08-0425 to read as follows:
Sec. 165.T08-0425 Fixed and Moving Safety Zone; Around the M/V HAPPY
DIAMOND, Houston Ship Channel and Seabrook, TX.
(a) Regulated Area. The following areas are temporary safety zones:
(1) Moving Safety Zone: All waters within a 100-yard radius of the
M/V HAPPY DIAMOND, 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, 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 HAPPY DIAMOND, while moored, at the Bayport Terminal in Seabrook,
Texas, will be in effect for the event's duration.
(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 COTP
Houston-Galveston in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP or the COTP's designated
representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas 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 instructions
of the COTP or the COTP's designated representative.
(d) Enforcement Period. This rule will be subject to enforcement
from 5 a.m. on June 15, 2024, through 4 p.m. on June 30, 2024.
[[Page 51218]]
Dated: June 10, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-13146 Filed 6-14-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 17, 2024.
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