[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25140-25142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07571]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0250]
RIN 1625-AA00


Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND, 
Houston Ship Channel and Seabrook, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones, a 
moving safety zone and a fixed safety zone, around the M/V HAPPY 
DIAMOND 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 large 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 Houston-Galveston or a designated representative.

DATES: This rule is effective without actual notice from April 10, 2024 
through 4 p.m. on April 17, 2024. For the purposes of enforcement, 
actual notice will be used from 5 a.m. on April 4, 2024, until April 
10, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0250 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 MSTC Anthony Booth, Sector Houston-Galveston Waterway 
Management Division, Coast Guard; telephone 713-398-5823, email 
[email protected].

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. The Coast Guard received all relevant information for 
the transfer of the large gantry cranes and the need for the safety 
zone on March 18, 2024. Insufficient time remains to publish an NPRM 
and receive and consider public comments because the rulemaking process 
would not be completed before the events commencement on April 4, 2024. 
Proceeding with the NPRM process would delay the establishment of the 
safety zones beyond the event date, compromising the safety of the M/V 
HAPPY DIAMOND, the crew, and other vessels navigating the surrounding 
waterways. Therefore, it is impracticable to publish an NPRM because we 
must establish the temporary safety zone by April 4, 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 immediate action is needed to 
respond to the potential safety hazards associated with the transfer of 
large gantry cranes beginning on April 4, 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 Houston-Galveston (COTP) has determined 
that potential hazards associated with the transfer of large gantry 
cranes starting April 4, 2024, will be a safety concern for anyone 
within a 100-yard radius while the M/V HAPPY DIAMOND is in transit and 
for anyone within 25-yard radius while the M/V HAPPY DIAMOND is 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 HAPPY DIAMOND transits to and unloads in Seabrook, Texas.

IV. Discussion of the Rule

    This rule establishes two temporary safety zones from 5 a.m. on 
April 4, 2024, through 4 p.m. on April 17, 2024. The temporary safety 
zones include a moving safety zone, covering all navigable waters 
within 100 yards of the M/V HAPPY DIAMOND, and a fixed safety zone, 
covering all navigable waters within 25 yards of the vessel. The 
duration of the zones is intended to ensure the safety of the public 
and navigable waters in the specified areas during the transit of the 
large gantry cranes in the Houston Ship Channel and while the vessel is 
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 COTP or a designated representative.
    Moving Safety Zone: This area includes all waters within 100 yards 
of the M/V HAPPY DIAMOND as the vessel transits from the Gulf of Mexico 
off the coast of Galveston and through the Houston Ship Channel. The 
following coordinates are the

[[Page 25141]]

approximate start position 29[deg]19'01.21'' N, 094[deg]38'38.1'' W in 
the Gulf of Mexico off the coast of Galveston.
    Fixed Safety Zone: This area includes all waters within 25 yards of 
the M/V HAPPY DIAMOND once the vessel is moored at Bayport Terminal in 
Seabrook, Texas.

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 
enforced for 15 days during the transfer of large 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, they may operate 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 and/or Broadcast Notice to Mariners, and the rule would allow 
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 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 the transfer of large gantry cranes 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, 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:

[[Page 25142]]

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.T08-0250 to read as follows:


Sec.  165.T08-0250  Fixed and Moving Safety Zone; Around the M/V HAPPY 
DIAMOND, Houston Ship Channel and Seabrook, TX.

    (a) Regulated Area. The following areas are temporary safety zones:
    (1) Moving Safety Zone: All waters within a 100-yard radius of the 
M/V HAPPY DIAMOND, 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, and proceeds through the Houston Ship Channel to the 
assigned docking stations.
    (2) Fixed Safety Zone: All waters within a 25-yard radius of the M/
V HAPPY DIAMOND, while moored, at the Bayport Terminal in Seabrook, 
Texas, will be in effect for the event's duration.
    (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 COTP 
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 COTP or the COTP's 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 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 instructions 
of the COTP or the COTP's designated representative.
    (d) Enforcement Period. This rule will be subject to enforcement 
from 5 a.m. on April 4, 2024, through 4 p.m. on April 17, 2024.

    Dated: April 3, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-07571 Filed 4-9-24; 8:45 am]
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