[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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 [email protected]. 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