[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20768-20770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07294]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0199]
RIN 1625-AA00


Safety Zone: Tall Ships America; Galveston, 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 moving safety zone 
on the waters of the Gulf of Mexico off the coast of Galveston, around 
a Tall Ships America Parade of Sail in Galveston, Texas. Once the 
vessels are moored at the Galveston Historic Seaport, a temporary fixed 
safety zone will be established. The safety zones are necessary to 
protect the public and wooden sailing vessels and their crews from the 
hazards associated with transiting the area. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the moving and fixed safety zones unless authorized by 
the Captain of the Port Houston-Galveston or a designated 
representative.

DATES:  This rule will be effective from 11 a.m. April 13, 2023, 
through 6 p.m. on April 16, 2023.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0199 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 Marine Science Technician First Class Christopher C 
Morgan, Sector Houston-Galveston Waterway Management Division, Coast 
Guard; Telephone (713) 398-5823, Email [email protected].

SUPPLEMENTARY INFORMATION: 

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 
received all amplifying information for this Tall Ships event regarding 
the need for a safety zone on March 6, 2023. Insufficient time remains 
to publish a NPRM and to receive public comments, as the event will 
occur on April 13, 2023, before the rulemaking process would be 
completed. Because of the potential safety hazards associated with the 
Parade of Sail, the regulation is necessary to provide for the safety 
of the Tall Ships and their crew, spectators, and other vessels 
navigating the surrounding waterways. For those reasons, it would be 
impracticable to publish an NPRM.
    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 reasons discussed above, 
the Coast Guard finds that good cause exists.

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 has determined that 
potential hazards associated with the Parade of Sail, will be a safety 
concern for the Tall Ships and their crews, spectators, and vessels. 
This rule is needed to ensure the safety of life for vessels and 
persons within the navigable waters of the safety zone during the 
Parade of Sail in Galveston, Texas.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone extending 100 
yards from the wooden sailing vessels participating in the Tall Ships 
America Parade from 11 a.m. through 4 p.m. on April 13, 2023, starting 
in approximate position 29[deg]19.181' N 094[deg]43.165' W to the turn 
around point at 29[deg]16.6' N 094[deg]48.5' W, then proceeding through 
the Houston Ship Channel and Galveston Ship Channel to their assigned 
docking stations in the vicinity of the Galveston Historic Seaport. 
Once vessels are moored at the Galveston Historic Seaport in Galveston, 
TX, the

[[Page 20769]]

temporary fixed safety zone will be in effect from 2 p.m. on April 13, 
2023, through 6 p.m. on April 16, 2023, and extend 25 yards from the 
vessels. The temporary safety zones will cover all navigable waters 
within a specified area of the Gulf of Mexico and the Port of 
Galveston. The duration of the zones are intended to ensure the safety 
of the public and these navigable waters during the Tall Ships America 
Parade of Sail and while the vessels are moored. No vessel or person 
will be permitted to enter, transit through, anchor in, or remain 
within the safety zones without obtaining permission from the Captain 
of the Port Houston-Galveston or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port Houston-Galveston by telephone at (713) 398-
5823, or a designated representative via VHF radio on channel 16. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Houston-
Galveston or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Houston-Galveston or a designated representative. 
The Coast Guard will provide notice of the safety zones by Local Notice 
to Mariners, Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

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: (1) The safety 
zones will be enforced for a limited period of time over the course of 
four days during the Tall Ships America Parade of Sail and touring 
times at the pier; (2) although persons and vessels are prohibited to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Houston-Galveston or 
a designated representative, they may operate in the surrounding area 
during the enforcement period; and (3) 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.

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 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 that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within the regulated 
area during a four day visit of the Tall Ships. It is categorically 
excluded from further

[[Page 20770]]

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.T08-0199 to read as follows:


Sec.  165.T08-0199  Safety Zone; Tall Ships America, Galveston, TX.

    (a) Regulated area. The following areas are temporary safety zones:
    (1) All waters of the Gulf of Mexico within 100 yards of the Tall 
Ships America Parade of Sail transiting from approximate coordinates, 
29[deg]19.181' N 094[deg]43.165' W, to the turn around point located at 
29[deg]16.6' N 094[deg]48.5' W, then to the mooring location at the 
Galveston Historic Seaport in Galveston, TX.
    (2) While the vessels are moored a temporary fixed safety extending 
25 yards from the vessels will be in effect for the duration of the 
event.
    (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 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 Captain of the Port Houston-
Galveston or a 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 Captain of the Port Houston-Galveston by telephone at (713) 398-
5823, or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port Houston-Galveston 
or a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Houston-Galveston or a designated representative.
    (d) Enforcement period. This section will be enforced from 11 a.m. 
on April 13, 2023, until 6 p.m. on April 16, 2023.

    Dated: March 28, 2023.
Jason E. Smith,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2023-07294 Filed 4-6-23; 8:45 am]
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