[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Rules and Regulations]
[Pages 600-601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00176]
[[Page 600]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1122]
RIN 1625-AA00
Fixed and Moving Safety Zone; Vicinity of the M/V SUOMIGRACHT;
Houston Ship Channel and Seabrook, TX
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a moving safety zone and a
fixed safety zone around the M/V SUOMIGRACHT in the navigable waters of
the Houston Ship Channel and its vicinity. The safety zones are needed
to protect personnel, vessels, and the marine environment from
potential hazards associated with the transfer of rubber tire gantry
cranes. Entry of vessels or persons into these zones is prohibited
unless specifically authorized by the Captain of the Port Houston-
Galveston or a designated representative.
DATES: This rule is effective without actual notice from January 8,
2026 through January 23, 2026. For purposes of enforcement, actual
notice will be used from January 6, 2026, through January 8, 2026. This
rule will be enforced from 5 a.m. until 4 p.m. each day it is
effective.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-1122.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MSTC Anthony Booth, Sector Houston-Galveston Waterways
Management Division, U.S. Coast Guard; telephone 713-398-5823, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that M/V SUOMIGRACHT will be
transporting rubber tire gantry cranes to Seabrook, TX. The Captain of
the Port Houston-Galveston (COTP) has determined that potential hazards
associated with the transfer of rubber tire gantry cranes starting
January 6, 2026, will be a safety concern for anyone within a 100-yard
radius while the M/V SUOMIGRACHT is in transit and for anyone within
25-yard radius while the M/V SUOMIGRACHT 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 SUOMIGRACHT transits
to, and unloads in Seabrook, Texas. Therefore, the COTP is issuing this
rule under the authority in 46 U.S.C. 70034, which is needed to protect
personnel, vessels, and the marine environment in the navigable waters
around the safety zones.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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
and contrary to the public interest. The Coast Guard received all
relevant information for the transfer of the rubber tire gantry cranes
and the need for the safety zone on December 12, 2025, but we must
establish this safety zone by January 6, 2026, to protect personnel,
vessels, and the marine environment. Therefore, we do not have enough
time to solicit and respond to comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes two temporary safety zones from 5 a.m. on
January 6, 2026 until 4 p.m. on January 23, 2026. The safety zones
include a moving safety zone, covering all navigable waters within 100
yards of the M/V SUOMIGRACHT general cargo ship, and a fixed safety
zone, covering all navigable waters within 25 yards of M/V SUOMIGRACHT.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or their designated representative.
Moving Safety Zone: This area includes all waters within 100 yards
of the M/V SUOMIGRACHT as the vessel transits from the Gulf of Mexico
through the Houston Ship Channel. The approximate start position is
29[deg]19'01.21'' N, 094[deg]38'38.1'' W, located in the Gulf of
America off the coast of Galveston, Texas.
Fixed Safety Zone: This area includes all waters within 25 yards of
the M/V SUOMIGRACHT once the M/V SUOMIGRACHT is moored at Bayport
Terminal in Seabrook, Texas, at approximate position 29[deg]36'18.61''
N, 095[deg]0'25.12'' W. The COTP may terminate enforcement of this
safety zone prior to January 23, 2026, depending on the progress of the
crane offloading operation.
IV. 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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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
[[Page 601]]
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
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 is a safety zone. 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.
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.T08-1122 to read as follows:
Sec. 165.T08-1122 Fixed and Moving Safety Zone; Vicinity of the M/V
SUOMIGRACHT, Houston Ship Channel and Seabrook, TX.
(a) Location. The following areas are safety zones:
(1) Moving Safety Zone: All waters within a 100-yard radius of the
M/V SUOMIGRACHT, 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, TX, and proceeds through the Houston Ship Channel to the
assigned docking station.
(2) Fixed Safety Zone: All waters within a 25-yard radius of the M/
V SUOMIGRACHT, while moored, at the Bayport Terminal in Seabrook, Texas
at approximate position 29[deg]36'18.61'' N, 095[deg]0'25.12'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Houston-Galveston (COTP) in the enforcement of the
safety zone.
(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 on VHF-FM channel 16 or by telephone at (866) 539-8114.
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 periods. This section will be enforced from 5 a.m.
on January 6, 2026, until 4 p.m. on January 23, 2026, unless cancelled
earlier by the COTP. This rule will be enforced from 5 a.m. until 4
p.m. each day it is effective, unless cancelled earlier by the COTP.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2026-00176 Filed 1-7-26; 8:45 am]
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