Rule2024-24757
Safety Zones; Houston Ship Channel and Morgan's Point, 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
October 25, 2024
Effective
October 29, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24757]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.