Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND; Houston Ship Channel and Seabrook, TX, 51215-51218 [2024-13146]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
(1) From sections (c)(3) (Accounting
of Certain Disclosures), because release
of the accounting of certain disclosures
could alert the subject of an
investigation to the extent of that
investigation and reveal investigative
interests of the Commission and the
recipient entity that were previously
unknown to the individual. Release of
such information to the subject of an
investigation could reasonably be
anticipated to impede and interfere with
the Commission’s efforts to adequately
assess an individual when making a
decision about the individual’s access to
Commission facilities, information
technology systems, and classified and
confidential information.
(2) From sections (d)(1) through (4)
(Access and Amendment), because the
records contained in this system may be
related to ongoing investigations, and
individual access to these records could
alert the subject of an investigation to
the extent of that investigation and
reveal investigative interests of the
Commission and others that were
previously unknown to the individual.
Providing a subject with access to these
records could impair the effectiveness of
the Commission’s investigations and
could significantly impede the
investigation by providing the
opportunity for the subject to destroy
documentary evidence, improperly
influence witnesses and confidential
sources, fabricate testimony, and engage
in other activities that could
compromise the investigation. In
addition, providing an individual with
access to these records may reveal the
identity of a source who furnished
information under an express promise
that their identity would remain
confidential. Amendment of the records
in this system of records would interfere
with ongoing law enforcement
proceedings and impose an impossible
administrative burden by requiring law
enforcement investigations to be
continuously reinvestigated.
(3) From section (e)(1) (Relevancy and
Necessity of Information), because in
the course of conducting and
adjudicating background investigations,
the significance of certain information
may not be clear or the information may
not be strictly relevant or necessary to
a specific investigation; but, effective
investigations require the retention of
all information that may aid in the
investigation and provide investigative
leads.
(4) From sections (e)(4)(G) through (I)
(Agency Requirements), and (f) (Agency
Rules), because the Commission is not
required to establish requirements,
rules, or procedures related to access
and amendment of records in a system
VerDate Sep<11>2014
16:18 Jun 14, 2024
Jkt 262001
of records that is exempt from the
individual access and amendment
provisions in section (d) of the Privacy
Act.
(g) CFTC–49 Whistleblower Records.
The system of records identified as
CFTC–49 Whistleblower Records
contains records related to
whistleblower tips, complaints and
referrals, records related to
investigations and inquiries into
whistleblower complaints, and records
related to the whistleblower award
claim and determination process.
Pursuant to 5 U.S.C. 552a(k)(2) and
subject to the requirements and
limitations set forth therein, the
Commission is exempting this system of
records from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3);
(d)(1) through (4); (e)(1); (e)(4)(G)
through (I); and (f), and from the
following corresponding sections of
these rules: §§ 146.3; 146.5; 146.6(d);
146.11(a) through (9); and 146.7(a).
Exemptions from these particular
sections of the Privacy Act are justified
for the following reasons:
(1) From section (c)(3) (Accounting of
Certain Disclosures), because release of
the accounting of certain disclosures
could alert the subject of an
investigation to the existence and extent
of that investigation and reveal the
investigative interests of the
Commission and the recipient entity.
Release of such information to the
subject of an investigation could
reasonably be anticipated to impede and
interfere with the Commission’s efforts
to identify and investigate unlawful
activities.
(2) From sections (d)(1) through (4)
(Access and Amendment), because
individual access to these records could
alert the subject of an investigation to
the existence and extent of that
investigation and reveal the
investigative interests of the
Commission and others. Providing a
subject with access to these records
could impair the effectiveness of the
Commission’s investigations and could
significantly impede the investigation
by providing the opportunity for the
subject to destroy documentary
evidence, improperly influence
witnesses and confidential sources,
fabricate testimony, and engage in other
activities that could compromise the
investigation. Allowing the subject of
the investigation to amend records in
this system of records could likewise
interfere with ongoing law enforcement
proceedings and impose an impossible
administrative burden by requiring law
enforcement investigations to be
continuously reinvestigated.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
51215
(3) From section (e)(1) (Relevancy and
Necessity of Information), because in
the course of investigations, the
significance of certain information may
not be clear or the information may not
be strictly relevant or necessary to a
specific investigation; but, effective
investigations require the retention of
all information that may aid in the
investigation or aid in establishing
patterns of activity and provide
investigative leads. (4) From sections
(e)(4)(G) through (I) (Agency
Requirements) and (f) (Agency Rules),
because the Commission is not required
to establish requirements, rules, or
procedures related to access and
amendment of records in a system of
records that is exempt from the
individual access and amendment
provisions in section (d) of the Privacy
Act.
§ 146.13
■
[Removed]
3. Remove § 146.13.
Issued in Washington, DC, on June 5, 2024,
by the Commission.
Robert Sidman,
Deputy Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Privacy Act Regulations—
Voting Summary
Appendix 1—Voting Summary
On this matter, Chairman Behnam and
Commissioners Johnson, and Goldsmith
Romero, Mersinger, and Pham voted in the
affirmative. No Commissioner voted in the
negative.
[FR Doc. 2024–12685 Filed 6–14–24; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0425]
RIN 1625–AA00
Fixed and Moving Safety Zone; Vicinity
of the M/V HAPPY DIAMOND; Houston
Ship Channel and Seabrook, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
E:\FR\FM\17JNR1.SGM
17JNR1
51216
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
necessary to protect persons, property,
and the marine environment from
potential hazards associated with the
transfer of rubber tire 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 from 5 a.m.
on June 15, 2024, through 4 p.m. on
June 30, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0425 in the search box, and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email Lieutenant Junior Grade Linda
I. Duncan, Sector Houston-Galveston
Waterways Management Division, Coast
Guard; telephone 713–398–5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with RULES
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 rubber tire gantry cranes and the
need for the safety zone on May 15,
2024. Insufficient time remains to
publish an NPRM and receive and
consider public comments because the
rulemaking process would not be
completed before June 15, 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
16:18 Jun 14, 2024
Jkt 262001
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
rubber tire gantry cranes starting June
15, 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
II. Background Information and
Regulatory History
VerDate Sep<11>2014
vessels navigating in surrounding
waterways. Therefore, it is
impracticable to publish an NPRM
because we must establish the
temporary safety zone by June 15, 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 prompt action is needed to
respond to the potential safety hazards
associated with the transfer of rubber
tire gantry cranes beginning on June 15,
2024.
This rule establishes two temporary
safety zones from 5 a.m. on June 15,
2024, through 4 p.m. on June 30, 2024.
The temporary safety zones include a
moving safety zone, covering all
navigable waters within 100 yards of the
M/V HAPPY DIAMOND general cargo
ship, and a fixed safety zone, covering
all navigable waters within 25 yards of
M/V HAPPY DIAMOND. 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 rubber tire gantry cranes in
the Houston 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.
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
approximate start position is
29°19′01.21″ N, 094°38′38.1″ W, located
in the Gulf of Mexico off the coast of
Galveston, Texas.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Fixed Safety Zone: This area includes
all waters within 25 yards of the M/V
HAPPY DIAMOND once the M/V
HAPPY DIAMOND is moored at Bayport
Terminal in Seabrook, Texas,
29°36′18.61″ N, 095°0′25.12″ W.
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 rubber tire 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
E:\FR\FM\17JNR1.SGM
17JNR1
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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.
VerDate Sep<11>2014
16:18 Jun 14, 2024
Jkt 262001
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 safety
zones that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the regulated area during the
transfer of rubber tire 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:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
51217
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T08–0425 to read as
follows:
■
§ 165.T08–0425 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°19′01.21″ N,
094°38′38.1″ W, off the coast of
Galveston, 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
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
June 15, 2024, through 4 p.m. on June
30, 2024.
E:\FR\FM\17JNR1.SGM
17JNR1
51218
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
Dated: June 10, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
II. Background Information and
Regulatory History
[FR Doc. 2024–13146 Filed 6–14–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0519]
RIN 1625–AA00
Safety Zone; Trenton DTE Boiler
Demolition, Trenton, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 1,000 foot
radius of the Trenton DTE boiler. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by boiler demolition. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit.
SUMMARY:
This rule is in effective from 5:45
a.m. on June 21, 2024, through 8 a.m. on
June 22, 2024. The safety zone will be
enforced from 5:45 a.m. through 8 a.m.
on June 21, 2024. In the case of
inclement weather on June 21, 2024,
this safety zone will be enforced from
5:45 a.m. through 8 a.m. on June 22,
2024.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0519 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Tracy Girard, Waterways
Management, CG Sector Detroit, Coast
Guard; telephone (571) 607–7807–6044,
email Tracy.m.girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
16:18 Jun 14, 2024
Jkt 262001
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This 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.’’ Under 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 the
party conducting the work notified the
Coast Guard with insufficient time to
accommodate a comment period. It is
impracticable to publish an NPRM
because we must establish this safety
zone by June 21, 2024 in order to protect
the public with the hazards associated
with this demolition project.
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 in
order to protect the public with the
hazards associated with this demolition
project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with the boiler demolition
occurring between June 21 and June 22,
will be a safety concern for anyone
transiting near the Trenton DTE Power
plant on the Detroit River. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the boiler is being demolished.
IV. Discussion of the Rule
This rule is in effective from 5:45 a.m.
on June 21, 2024, through 8 a.m. on June
22, 2024. The safety zone will be
enforced from 5:45 a.m. through 8 a.m.
on June 21, 2024. In the case of
inclement weather on June 21, 2024,
this safety zone will be enforced from
5:45 a.m. through 8 a.m. on June 22,
2024.
The safety zone will cover all
navigable waters a 1,000 foot radius of
the Trenton DTE Boilers. The duration
of the safety zone is intended to protect
personnel, vessels, and the marine
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
environment in these navigable waters
while the boilers are being demolished.
No vessel or person will be permitted to
enter the safety zone 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, 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
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on size, location, duration, and
time-of-day of the safety zone.
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.
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51215-51218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13146]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0425]
RIN 1625-AA00
Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND;
Houston Ship Channel and Seabrook, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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
[[Page 51216]]
necessary to protect persons, property, and the marine environment from
potential hazards associated with the transfer of rubber tire 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 from 5 a.m. on June 15, 2024, through 4
p.m. on June 30, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0425 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 Lieutenant Junior Grade Linda I. Duncan, Sector Houston-
Galveston Waterways 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 rubber tire gantry cranes and the need for the
safety zone on May 15, 2024. Insufficient time remains to publish an
NPRM and receive and consider public comments because the rulemaking
process would not be completed before June 15, 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 in surrounding
waterways. Therefore, it is impracticable to publish an NPRM because we
must establish the temporary safety zone by June 15, 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 prompt action is needed to
respond to the potential safety hazards associated with the transfer of
rubber tire gantry cranes beginning on June 15, 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 rubber tire
gantry cranes starting June 15, 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
June 15, 2024, through 4 p.m. on June 30, 2024. The temporary safety
zones include a moving safety zone, covering all navigable waters
within 100 yards of the M/V HAPPY DIAMOND general cargo ship, and a
fixed safety zone, covering all navigable waters within 25 yards of M/V
HAPPY DIAMOND. 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 rubber tire gantry cranes in the Houston 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.
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
approximate start position is 29[deg]19'01.21'' N, 094[deg]38'38.1'' W,
located in the Gulf of Mexico off the coast of Galveston, Texas.
Fixed Safety Zone: This area includes all waters within 25 yards of
the M/V HAPPY DIAMOND once the M/V HAPPY DIAMOND is moored at Bayport
Terminal in Seabrook, Texas, 29[deg]36'18.61'' N, 095[deg]0'25.12'' W.
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 rubber tire 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
[[Page 51217]]
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 safety
zones that will prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within the regulated area during
the transfer of rubber tire 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:
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.T08-0425 to read as follows:
Sec. 165.T08-0425 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 station.
(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 June 15, 2024, through 4 p.m. on June 30, 2024.
[[Page 51218]]
Dated: June 10, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-13146 Filed 6-14-24; 8:45 am]
BILLING CODE 9110-04-P
