[Federal Register Volume 78, Number 194 (Monday, October 7, 2013)]
[Rules and Regulations]
[Pages 61937-61939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24321]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 194 / Monday, October 7, 2013 / Rules 
and Regulations  

[[Page 61937]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0698]
RIN 1625-AA00


Safety Zone; Port of Galveston, Pelican Island Bridge Repair

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Galveston to maintain public safety during the Pelican Island Bridge 
Repair Project. This action is necessary to protect public boaters and 
their vessels from potential safety hazards. Entry into this zone is 
prohibited unless specifically authorized by the Captain of the Port of 
Houston-Galveston or a designated representative.

DATES: This rule is effective from October 1, 2013 to December 15, 
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0698. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 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 email LCDR Xochitl Castaneda, Chief of Waterways Management 
Division, U.S. Coast Guard Sector Houston Galveston; telephone (713) 
671-5164, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNTM Broadcast Notice to Mariners
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this Temporary Final Rule (TFR) 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 publishing 
an NPRM and delaying the rule's effective date would be contrary to 
public interest. The Coast Guard was notified about this repair project 
on April 14, 2013 therefore there was not enough time to publish an 
NPRM. During the repair project, a crane and barge will be placed under 
the Pelican Island Bridge; therefore immediate action is needed to 
protect public boaters and their vessels from potential hazards 
associated with this repair work.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 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; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones. The purpose of this safety zone is to 
protect public boaters and their vessels from potential safety hazards 
associated with the repair of the Pelican Island Bridge.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary Safety Zone in 
Galveston Channel to ensure public safety during the Pelican Island 
Bridge Repair Project. This area includes all waters of Galveston 
Channel under and around the Pelican Island Bridge, enclosed within the 
area extending 50 feet out from position 29[deg]18'38.23'' N, 
094[deg]49'24.84 W. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port of Houston-Galveston 
or a designated representative from October 1, 2013 to December 15. 
2015.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under that Order.
    It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS) because this 
regulation will only be enforced from October 1, 2013 to December 15, 
2015. Notifications to the marine community will be made through Vessel 
Traffic Services and Broadcast Notice to Mariners. The impacts on 
routine navigation are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the

[[Page 61938]]

potential impact of regulations on small entities during rulemaking. 
The term ``small entities'' comprises small business, 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. This rule will affect 
the following entities, some of which might be small entities: vessels 
intending to transit or anchor in the Galveston Channel from October 1, 
2013 to December 15, 2015. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: (1) Vessels are able to transit around the affected 
area; (2) vessels may request permission from the Captain of the Port 
to transit through the safety zone; and (3) the number of vessels 
affected by the safety zone is expected to be minimal.

3. Assistance for Small Entities

    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 
contact the person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial 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 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 Environmental 
Policy Act of 1969 (NEPA) (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 establishing a temporary safety zone in 
the Galveston Channel to maintain public safety during the Pelican 
Island Bridge Repair Project. This action is necessary to protect 
public boaters and their vessels. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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:  33 U.S.C. 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; Department of Homeland Security Delegation 
No. 0170.1.


[[Page 61939]]



0
2. A new temporary Sec.  165.T08-0698 is added to read as follows:


Sec.  165.T08-0698--Safety  Zone; Port of Galveston, Pelican Island 
Bridge Repair.

    (a) Definition. As used in this section, Public boaters means all 
recreational boaters and their vessels.
    (b) Safety Zone. This area includes all waters of Galveston Channel 
enclosed within an area extending 50 feet out from the position 
29[deg]18'38.23'' N, 094[deg]49'24.84'' W. All coordinates are based on 
NAD83.
    (c) Effective date. This rule is effective and will be enforced 
from October 1, 2013 to December 15, 2015.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
vessels except participant vessels and those vessels specifically 
authorized by the Captain of the Port, Houston-Galveston or a 
designated representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the Captain of the Port, Houston-Galveston, or 
a designated representative. They may be contacted on VHF Channel 13 or 
16, or by telephone at (713) 671-5103.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port, Houston-Galveston, designated representatives 
and designated on-scene U.S. Coast Guard patrol personnel. On-scene 
U.S. Coast Guard patrol personnel include commissioned, warrant and 
petty officers of the U.S. Coast Guard.

    Dated: September 23, 2013.
B.K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2013-24321 Filed 10-4-13; 8:45 am]
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