[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Rules and Regulations]
[Pages 42135-42137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16617]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0667]
RIN 1625-AA00
Fixed and Moving Safety Zone, Vicinity of the M/V ZHEN HUA 29;
Freeport Ship Channel, Freeport, TX
AGENCY: Coast Guard, 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 ZHEN HUA 29
in the navigable waters of the Freeport 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
transit and delivery of large gantry cranes. People 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 (COTP) Houston-Galveston or a designated
representative.
DATES: This rule is effective from 5 a.m. on September 15, 2025,
through 5 p.m. on October 31, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0667 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
proposed rulemaking, call or email Lieutenant Ignacio J.
Fern[aacute]ndez-Cuervo, Marine Safety Unit Texas City, Waterways
Management Division, U.S. Coast Guard; telephone (281) 309-1617, 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 the authority
in 5
[[Page 42136]]
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
and contrary to the public interest. The gantry cranes will be
delivered from the M/V ZHEN HUA 29, an approximately 800' long cargo
ship. The vessel's size, and the size of the gantry cranes, presents a
risk to vessels transiting in the Freeport Ship Channel. It is
impracticable to publish an NPRM and receive and consider public
comments because prompt action is needed to address potential safety
hazards associated with the transit and delivery of the gantry cranes,
which may begin as early as September 15, 2025.
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 contrary to the public interest because prompt
action is needed to respond to the potential safety hazards associated
with the transfer of gantry cranes beginning on September 15, 2025.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Houston-Galveston has determined that potential hazards
associated with the transfer of gantry cranes starting September 15,
2025, will be a safety concern for anyone within a 100-yard radius
while the M/V ZHEN HUA 29 is in inbound and outbound in the Freeport
Ship Channel, and for anyone within 25-yard radius while the M/V ZHEN
HUA 29 is moored in Port Freeport. This rule is needed to protect
people, property, and the marine environment within the navigable
waters of the safety zones while the M/V ZHEN HUA 29 transits to and
conducts unloading operations in Freeport, Texas.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from 5 a.m. on
September 15, 2025, through 5 p.m. on October 31, 2025. The temporary
safety zones include a moving safety zone and a fixed safety zone. The
moving safety zone will only be enforced when the vessel is transiting.
The fixed safety zone will only be enforced when the vessel is moored
at Port Freeport. This moving safety zone includes all waters within
100 yards of the M/V ZHEN HUA 29 as the vessel transits inbound and
outbound in the Freeport Ship Channel. During the inbound transit, the
safety zone will begin at approximate position 28[deg]52.483' N,
95[deg]14.017' W, located in the Gulf of America, and will end when the
ship is moored in Port Freeport. During the outbound transit, the
safety zone will begin when the ship gets underway from Port Freeport
and will end when the ship reaches the same position in the Gulf of
Mexico, 28[deg]52.483' N, 95[deg]14.017' W. The fixed safety zone
includes all waters within 25 yards of the M/V ZHEN HUA 29 once M/V
ZHEN HUA 29 is moored at Port Freeport in Freeport, Texas, located at
approximate position 28[deg]56.567' N, 95[deg]19.817' W.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 gantry cranes
in the Freeport Ship Channel and while the vessel is moored and
unloading. 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.
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.
A. 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 for the following reasons. Although the rule prohibits
people and vessels from entering, transiting through, anchoring in, or
remaining within the regulated area, vessels may safely navigate around
the safety zone, and may transit through it with the permission of the
COTP or a designated representative. 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.
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.
B. 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).
C. 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.
[[Page 42137]]
D. 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.
E. 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 safety
zones that will prohibit people and vessels from entering, transiting
through, anchoring in, or remaining within the area around a vessel
delivering gantry cranes in the Freeport 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.
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. 01.4.
0
2. Add Sec. 165.T08-0667 to read as follows:
Sec. 165.T08-0667 Fixed and Moving Safety Zones; Vicinity of the M/V
ZHEN HUA 29, Freeport Ship Channel and Freeport, TX
(a) Location. The following areas are safety zones:
(1) Moving Safety Zone: This area includes all waters within 100
yards of the M/V ZHEN HUA 29 as the vessel transits inbound and
outbound through the Freeport Ship Channel. During the inbound transit,
the safety zone will begin when the ship reaches approximate position
28[deg]52.483' N, 95[deg]14.017' W, located in the Gulf of America off
the coast of Freeport, Texas, and will end when the ship is moored at
Port Freeport. During the outbound transit, the safety zone will begin
when the ship gets underway from Port Freeport and will end when the
ship reaches approximate position 28[deg]52.483' N, 95[deg]14.017' W,
located in the Gulf of America off the coast of Freeport, Texas.
(2) Fixed Safety Zone: This area includes all waters within 25
yards of the M/V ZHEN HUA 29 during the time the M/V ZHEN HUA 29 is
moored at Port Freeport in Freeport, Texas, located at 28[deg]56.567' N
95[deg]19.817' W.
(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) 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 COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 866-539-8114, or the COTP's designated
representative via VHF radio on channel 16. 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.
(d) Enforcement Period. This section will be subject to enforcement
from 5 a.m. on September 15, 2025, through 5 p.m. on October 31, 2025.
The moving safety zone will only be enforced when the vessel is
transiting. The fixed safety zone will only be enforced when the vessel
is moored at Port Freeport.
Dated: August 25, 2025.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2025-16617 Filed 8-28-25; 8:45 am]
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