[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Rules and Regulations]
[Pages 76731-76734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21116]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0276]
RIN 1625-AA00


Safety Zone; Severe Weather, Natural and Other Disasters in 
Southeast Texas

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within the Captain of the Port Sector Houston-
Galveston (COTP) zone to be enforced in the event of severe weather or 
natural and other disasters in southeast Texas. This action is 
necessary for the safety of life on these navigable waters within the 
COTP zone.

DATES: This rule is effective without actual notice from September 19, 
2024 through 11:59 p.m. on November 30, 2024. For the purposes of 
enforcement, actual notice will be used from September 11, 2024 until 
September 19, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0276 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

[[Page 76732]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Chief Petty Officer Marine Science Technician Anthony W. 
Booth, Sector Houston-Galveston Waterways 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 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 prompt action is 
needed to respond to the potential safety hazards associated with the 
fast-moving formation of Tropical Storm Francine. The Captain of the 
Port, Sector Houston-Galveston (COTP) has determined reduced or 
restricted visibility and storm force winds, which may occur during 
tropical storms, hurricanes and other disasters, constitutes a safety 
concern for persons and vessels within the COTP zone during the 
nationally published hurricane season extending through November 30, 
2024. The COTP is establishing a temporary safety zone to provide for 
the safety of life during and subsequent to such storms or incidents. 
It is impracticable to publish an NPRM because we must establish this 
safety zone by September 11, 2024 in response to Tropical Storm 
Francine
    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 prompt action is needed to 
respond to the safety hazards associated with emergency and recovery 
efforts during severe weather, natural and other disasters within the 
COTP zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with 
the lack of Aids to Navigation and unknown waterway conditions can pose 
a hazard to transiting vessels due to the effects of Tropical Storm 
Francine and future severe weather, natural and other disasters. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the temporary safety zone 
while the aids to navigation are being repaired and the waterway is 
being surveyed.

IV. Discussion of the Rule

    The temporary safety zone will cover all navigable waters within 
the COTP zone for the ports of Houston, Galveston, Freeport, Texas City 
and portions of the GIWW between MM-319.5 and MM-442. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters until 11:59 p.m. on November 30, 
2024 as needed by COTP Houston-Galveston. During enforcement, no vessel 
or person will be permitted to enter the temporary safety zone without 
obtaining permission from the COTP or a designated representative when 
the zone is activated due to severe weather response.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This action 
involves a temporary safety zone to protect personnel, vessels, and the 
marine environment from potential hazards created by damaged 
navigational aids and silting resulting from Tropical Storm Francine.

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 
temporary 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 because commercial vessels will 
still have availability to transit the channel but in a controlled and 
safe manner to facilitate the safe flow of vessel traffic.
    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 will 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,

[[Page 76733]]

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 
temporary safety zone facilitating the safety and security of the 
Houston-Galveston COTP zone's marine transportation system operations, 
including but not limited to vessel traffic and facility operations. It 
is categorically excluded from further review under paragraph L60(d) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination 
will be 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.T08-0276 to read as follows:


Sec.  165.T08-0276  Safety Zone; Severe Weather, Natural and other 
Disasters in Southeast Texas.

    (a) Regulated areas. All navigable waters within the Houston-
Galveston Captain of the Port (COTP) Zone, Sector Houston-Galveston, 
TX, as described in 33 CFR 3.40-28(a), during specified conditions.
    (b) Definitions--(1) 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.
    (2) Port Condition WHISKEY means a condition set by the COTP when 
weather advisories indicate sustained gale force winds (39-54 mph/34-47 
knots) or greater from a weather event are predicted to make landfall 
at the port within 72 hours.
    (3) Port Condition X-RAY means a condition set by the COTP when 
weather advisories indicate sustained gale force winds (39-54 mph/34-47 
knots) or greater from a weather event are predicted to make landfall 
at the port within 48 hours.
    (4) Port Condition YANKEE means a condition set by the COTP when 
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) or greater from a weather event are predicted to make 
landfall at the port within 24 hours.
    (5) Port Condition ZULU means a condition set by the COTP when 
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) or greater from a weather event are predicted to make 
landfall at the port within 12 hours.
    (6) Port Condition RECOVERY means the condition set when weather 
advisories indicate that sustained gale force winds from a weather 
event are no longer predicted for the designated area. This port 
condition remains in effect until the regulated areas are safe and 
reopened to normal operations or moved to port restoration.
    (7) Emergency restrictions for other disasters means any severe 
weather, natural and/or other disasters that are anticipated to or has 
affected the Sector Houston-Galveston COTP zone may result in the 
prohibition of facility operations and/or commercial vessel traffic 
transiting or remaining in the affected port.
    (c) Regulations--(1) Port Condition WHISKEY. All vessels and port 
facilities in designated areas must exercise due diligence in 
preparation for potential storm impacts. Vessels, ports and waterfront 
facilities must initiate vessel and facility severe weather plans. 
Oceangoing vessels 500 gross tons (GT) and above must make plans for 
departure unless authorized by the COTP. Commercial self-propelled 
vessels 500 gross tons (GT) and above requesting to remain in port 
shall submit a declaration of intent to remain in port to the COTP 
prior to setting Port Condition X-Ray. Vessels will not be permitted to 
remain in Bolivar Anchorage if Condition Yankee is set. The COTP may 
make modifications as required.
    (2) Port Condition X-RAY. Departing orders for vessels without 
approval to remain in port shall commence. Commence clearing vessels 
from Bolivar Anchorage. Suspend bunkering and lightering operations at 
the COTP's discretion. Suspend all cargo transfers when winds reach 40 
mph. Disconnect transfer hoses and arms when winds reach 50 mph. 
Smaller vessels shall seek shelter in preparation for possible port 
closure. All containers stored near flood-prone areas should be moved. 
The COTP may make modifications as required.
    (3) Port Condition YANKEE. Affected ports are closed to inbound 
vessel traffic. All oceangoing vessels greater than 500 Gross Tons must 
depart designated ports prior to the setting of Port Condition ZULU. 
Inland tows are to be properly moored. Suspend

[[Page 76734]]

bunkering and lightering operations. Suspend all cargo transfers. 
Disconnect transfer hoses and arms. Smaller vessels shall seek shelter 
in preparation for possible port closure. Regulated facilities shall 
secure or remove all missile hazards, dangerous cargo, containers and/
or pallet stacks. Regulated facilities shall press up storage tanks to 
reduce wind damage. All facilities must continue to operate in 
accordance with approved Facility Security Plans and comply with the 
requirements of the Maritime Transportation Security Act. The COTP may 
make modifications as required.
    (4) Port Condition ZULU. Designated areas are closed to all vessel 
traffic except those specifically authorized by the COTP. Cargo 
operations are suspended, including bunkering and lightering. The COTP 
may make modifications as required.
    (5) Emergency restrictions for other disasters. Any severe weather, 
natural and/or other disasters that are anticipated to or has affected 
the Sector Houston-Galveston COTP zone may result in the prohibition of 
facility operations and vessel traffic transiting or remaining in the 
affected port.
    (6) Port Condition RECOVERY. Designated areas are closed to all 
commercial traffic and recreational vessels. Based on assessments of 
channel conditions, navigability concerns, and hazards to navigation, 
the COTP may permit vessel movements with restrictions. Restrictions 
may include, but are not limited to, preventing vessel movements, 
imposing draft, speed, size, horsepower or daylight restrictions or 
directing the use of specific routes. Vessels permitted to transit the 
regulated area shall comply with the lawful orders or directions given 
by the COTP or designated representative.
    (7) Safety zones notice. The Coast Guard COTP will notify the 
maritime community of periods during which the safety zone will be 
enforced via Broadcast Notice to Mariners and Marine Safety Information 
Bulletin or by on-scene designated representatives.
    (8) Regulated area notice. The Coast Guard will provide notice of 
the designated ports and/or waterways within the regulated area covered 
by each Port Condition or Emergency Restrictions via Broadcast Notice 
to Mariners, Marine Safety Information Bulletin or by on-scene 
designated representatives.
    (9) Exception. This section does not apply to authorized law 
enforcement agencies operating within the regulated area.
    (d) Enforcement periods. This section is subject to enforcement 
from September 11, 2024, through 11:59 p.m. on November 30, 2024 and 
will be enforced when Port Condition ``Whiskey'' has been set, or at 
the discretion of the COTP if conditions deem it necessary until Port 
Condition RECOVERY is concluded. The Coast Guard will notify the 
maritime community of periods of enforcement via Broadcast Notice to 
Mariners and Marine Safety Information Bulletin or by on-scene 
designated representatives.

Keith. M. Donohue,
CAPT, U.S. Coast Guard, Captain of the Port Sector Houston-Galveston.
[FR Doc. 2024-21116 Filed 9-18-24; 8:45 am]
BILLING CODE 9110-04-P