[Federal Register Volume 91, Number 13 (Wednesday, January 21, 2026)]
[Rules and Regulations]
[Pages 2490-2492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0036]
RIN 1625-AA00
Fixed and Moving Safety Zone; Vicinity of the M/V ZHEN HUA 24;
Houston Ship Channel and Morgan's Point, TX
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
and a fixed safety zone around the M/V ZHEN HUA 24 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 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 January 21, 2026
through January 31, 2026. For the purposes of enforcement, actual
notice will be used from January 16, 2026, until January 21, 2026.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2026-0036.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact ENS Ryan Bowman, 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 ZHEN HUA 24 will be
transporting gantry cranes to Morgan's Point, TX. The Captain of the
Port Houston-Galveston (COTP) has determined that potential hazards
associated with the transfer of gantry cranes starting as early as
January 16, 2026, will be a safety concern for anyone within a 100-yard
radius while the M/V ZHEN HUA 24 is in transit and for anyone within
25-yard radius while the M/V ZHEN HUA 24 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 ZHEN HUA 24 transits
to, and unloads in Morgan's Point, 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 gantry cranes and the need
for the safety zone on January 8, 2026, but we must establish this
safety zone by January 16, 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 January 16,
2026 until
[[Page 2491]]
January 31, 2026. The safety zones include a moving safety zone,
covering all navigable waters within 100 yards of the M/V ZHEN HUA 24
general cargo ship, and a fixed safety zone, covering all navigable
waters within 25 yards of M/V ZHEN HUA 24 once moored. 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 ZHEN HUA 24 as the vessel transits inbound and outbound
through the Houston Ship Channel.
Fixed Safety Zone: This area includes all waters within 25 yards of
the M/V ZHEN HUA 24 once the M/V ZHEN HUA 24 is moored at Barbours Cut
Terminal in Morgan's Point, Texas, at approximate position
29[deg]40'00'' N, 094[deg]59'23'' W. The COTP may terminate enforcement
of this safety zone prior to January 31, 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 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.T08-0036 to read as follows:
Sec. 165.T08-0036 Fixed and Moving Safety Zone; Vicinity of the M/V
ZHEN HUA 24, Houston Ship Channel and Morgan's Point, TX.
(a) Location. The following areas are safety zones:
(1) Moving Safety Zone: All waters within a 100-yard radius of the
M/V ZHEN HUA 24, as the vessel transits inbound from the Gulf of
Mexico, beginning at 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. This
moving zone will be activated again when the vessel gets underway from
the dock for an outbound transit through the Houston Ship Channel to
approximate coordinates 29[deg]19'01.21'' N, 094[deg]38'38.1'' W.
(2) Fixed Safety Zone: All waters within a 25-yard radius of the M/
V ZHEN HUA 24, while moored, at the Barbours Cut Terminal in Morgan's
Point, Texas at approximate position 29[deg]40'00'' N, 094[deg]59'23''
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 January
16, 2026 until January 31, 2026, unless cancelled earlier by the COTP.
The COTP or a designated representative will inform
[[Page 2492]]
the public through Broadcast Notices to Mariners (BNMs) and/or Marine
Safety Information Bulletins (MSIBs) of the specific enforcement times
and dates for this safety zone.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2026-01070 Filed 1-20-26; 8:45 am]
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