Safety Zone; Severe Weather, Natural and Other Disasters in Southeast Texas, 76731-76734 [2024-21116]
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Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations
a yield curve approach. As described in
the June 6 final rule, this ‘‘4044 yield
curve,’’ is based on a blend of two
publicly available bond yield curves
that is adjusted to the extent necessary
so that the resulting liabilities align with
group annuity prices. The adjustments
are referred to as ‘‘spreads.’’ PBGC
determines and publishes spreads
quarterly based on survey data on
pricing of private-sector group
annuities. As noted in the preamble to
the June 6 rule, PBGC will post the 4044
yield curve on its website at
www.pbgc.gov each month shortly after
its underlying data become available. In
addition, practitioners are able to
determine the 4044 yield curve as of the
end of any month using the publicly
available bond yield curves and the
spreads specified in the regulation.
This rule amends the regulation to
specify the spreads used to determine
the 4044 yield curve as of the last days
of October, November, and December of
2024, (i.e., the ‘‘fourth quarter 2024
spreads’’).
1. The authority citation for part 4044
continues to read as follows:
■
§ 4044.54
*
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*
*
TABLE 1 TO PARAGRAPH (e)—
SPREADS
Maturity point
List of Subjects in 29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
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Interest assumptions.
*
*
(e) * * *
PO 00000
Third
quarter
2024
spreads
(percent)
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
4.5
5.0
5.5
6.0
6.5
7.0
7.5
8.0
8.5
9.0
9.5
10.0
10.5
11.0
11.5
12.0
12.5
13.0
13.5
14.0
14.5
15.0
15.5
16.0
16.5
17.0
17.5
18.0
18.5
19.0
19.5
20.0
20.5
21.0
21.5
22.0
22.5
23.0
23.5
24.0
24.5
25.0
Frm 00019
0.38
0.38
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.37
0.36
0.36
0.36
0.36
0.36
0.36
0.36
0.36
0.35
0.35
0.35
0.35
0.35
0.35
0.34
0.34
0.34
0.34
0.34
0.34
0.34
0.34
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
Fmt 4700
Sfmt 4700
Third
quarter
2024
spreads
(percent)
25.5
26.0
26.5
27.0
27.5
28.0
29.0
29.5
30.0
2. In § 4044.54, revise table 1 to
paragraph (e) to read as follows:
■
PBGC has determined that notice of,
and public comment on, this rule are
impracticable, unnecessary, and
contrary to the public interest. PBGC
routinely updates the spreads
component of the interest assumption in
the asset allocation regulation so that
the 4044 yield curve may be determined
as soon as the underlying bond yield
curves become available. These
amendments are merely technical; they
ensure that use of PBGC’s interest
assumption continues to yield liabilities
in line with group annuity prices.
Accordingly, PBGC finds that the public
interest is best served by issuing this
rule expeditiously, without an
opportunity for notice and comment,
and that good cause exists for making
the assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
15:57 Sep 18, 2024
Maturity point
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
Need for Immediate Guidance
VerDate Sep<11>2014
TABLE 1 TO PARAGRAPH (e)—
SPREADS—Continued
PART 4044—ALLOCATION OF
ASSETS IN SINGLE–EMPLOYER
PLANS
Fourth
quarter
2024
spreads
(percent)
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.33
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.31
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
Fourth
quarter
2024
spreads
(percent)
0.33
0.33
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
0.30
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
[FR Doc. 2024–21359 Filed 9–18–24; 8:45 am]
BILLING CODE 7709–02–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.’’
SUMMARY:
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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
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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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
IV. Discussion of the Rule
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
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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.
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.
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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,
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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.
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.
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.
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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 HoustonGalveston 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.
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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
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.T08–0276 to read as
follows:
■
§ 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
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Fmt 4700
Sfmt 4700
76733
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
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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.
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15:57 Sep 18, 2024
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(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
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED–2024–OPE–0098]
Final Waiver and Extension of the
Project Period for the Postsecondary
Programs for Students With
Intellectual Disabilities—National
Technical Assistance and
Dissemination Center (PPSID–NTAD)
Program
extension in the Federal Register on
August 7, 2024 (89 FR 64399) to extend
the project period for the current
PPSID–NTAD Fiscal Year (FY) 2021
grantee from September 30, 2024 to
September 30, 2025, in order to align
and coordinate the funding cycle of the
PPSID–NTAD program with TPSID and
the TPSID–Coordinating Center (TPSID–
CC) program grants authorized under
title VII, part D, subpart 2 of the Higher
Education Act of 1965, as amended
(HEA) (20 U.S.C. 1140f et seq.), and title
VII, part D, subpart 4 of the HEA (20
U.S.C. 1140q), respectively. There are
no differences between the proposed
waiver and extension and this final
waiver and extension.
Public Comment: In response to our
invitation in the notice of proposed
waiver and extension, 18 parties
submitted comments on the waiver and
extension. Generally, we do not address
technical and other minor changes, or
suggested changes that the law does not
authorize us to make under applicable
statutory authority. In addition, we do
not address general comments that
raised concerns not directly related to
the proposed waiver and extension.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes since publication of the
proposed waiver and extension follows.
Office of Postsecondary
Education (OPE), Department of
Education.
ACTION: Final waiver and extension of
the project period.
General Comments
Comments: Eighteen commenters
supported the waiver and extension.
Discussion: We appreciate the support
of the waiver and extension.
Changes: None.
The Department of Education
(Department) waives the requirements
in the Education Department General
Administrative Regulations that
generally prohibit project period
extensions involving the obligation of
additional Federal funds. The final
waiver and extension is intended to
enable one project under Assistance
Listing Number 84.407C to receive
funding for an additional period, not to
exceed September 30, 2025.
DATES: This final waiver and extension
of the project period is effective
September 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Shedita Alston, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5C–131, Washington, DC 20202.
Telephone: (202)453–7090. Email:
Shedita.Alston@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION: We
published a proposed waiver and
Final Waiver and Extension
We are extending the project period
for the PPSID–NTAD FY 2021 grantee in
order to align and coordinate the
funding cycle of the PPSID–NTAD
program with the TPSID–CC program
grant authorized under title VII, part D,
subpart 2 of the Higher Education Act
of 1965, as amended (HEA) (20 U.S.C.
1140f et seq.), and title VII, part D,
subpart 4 of the HEA (20 U.S.C. 1140q),
respectively. Aligning the ends of the
project periods across grants allows the
Department to better coordinate the
TPSID program. While the technical
assistance center and the coordinating
center have different audiences for the
dissemination of their research, aligning
the funding for the grantees who are
doing this work will improve the
efficiency and cost effectiveness of the
technical assistance and dissemination
efforts, and will help ensure that both
the TPSID grantees and other
institutions that benefit from the
research receive aligned supports from
the centers.
AGENCY:
SUMMARY:
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]]>Agencies
[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
