[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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