Safety Zones; Houston Ship Channel and Morgan's Point, TX, 85053-85055 [2024-24757]
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
CONTACT section of this document for
alternate instructions.
To view documents mentioned in this
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
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if you click on the’’ Dockets’’ tab and
then the rule, you should see a
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Selecting this option will enable
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posted, or if/when a final rule is
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www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 00170.1. Revision No. 01.3
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
ddrumheller on DSK120RN23PROD with RULES1
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(p) Indiantown Road Bridge, mile
1006.2, at Jupiter. The draw shall open
on the hour and half hour except that
the draw need not open from 7 a.m. to
9 a.m. and 4 p.m. to 6 p.m., Monday
through Friday except Federal holidays
until 11:59 p.m. on August 31, 2025.
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[FR Doc. 2024–24711 Filed 10–24–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0957]
RIN 1625–AA00
Safety Zones; Houston Ship Channel
and Morgan’s Point, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary safety zones,
a 100-yard radius moving safety zone
and a 25-yard radius fixed safety zone,
around the M/V PIETERSGRACHT, in
the navigable waters of the Houston
Ship Channel and its vicinity. The
temporary safety zones are necessary to
protect persons, property, and the
marine environment from potential
hazards associated with the transfer of
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 Sector Houston-Galveston or a
designated representative.
DATES: This rule is effective from 1 a.m.
on October 29, 2024, through 5 p.m. on
November 15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0957 in the search box, and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email First Class Marine Science
Technician Christopher Morgan, Sector
Houston-Galveston Waterways
Management Division, U.S. Coast
Guard; telephone 713–398–5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
2. Section 117.261 is amended by
revising paragraph (p).
■
*
Dated: October 18, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
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
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85053
§ 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. Prompt action is needed
to respond to potential safety hazards
associated with the transfer of this
equipment. It is impracticable to
publish an NPRM because we must
establish these safety zones by October
29, 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 gantry
cranes scheduled to begin on October
29, 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 Sector HoustonGalveston (COTP) has determined that
potential hazards associated with the
transfer of gantry cranes starting October
29, 2024, will be a safety concern for
anyone within a 100-yard radius of the
M/V PIETERSGRACHT while in transit
and within a 25-yard radius of the M/
V PIETERSGRACHT while 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 PIETERSGRACHT
transits to and unloads gantry cranes in
Morgan’s Point, Texas.
IV. Discussion of the Rule
This rule establishes two temporary
safety zones from 1 a.m. on October 29,
2024, through 5 p.m. on November 15,
2024. The temporary safety zones
include a moving safety zone, covering
all navigable waters within a 100-yard
radius of the M/V PIETERSGRACHT, a
general cargo ship, while underway and
a fixed safety zone covering all
navigable waters within a 25-yard
radius of the M/V PIETERSGRACHT
while moored. The duration of these
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
zones is intended to ensure the safety of
the public, vessels and the navigable
waters in the specified areas during the
transit of the 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 a 100-yard
radius of the M/V PIETERSGRACHT 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.
Fixed Safety Zone: This area includes
all waters within a 25-yard radius of the
M/V PIETERSGRACHT once the M/V
PIETERSGRACHT is moored at
Barbours Cut Terminal in Morgan’s
Point, Texas, at coordinates 29°41′03″ N,
094°59′40″ W.
ddrumheller on DSK120RN23PROD with RULES1
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 subject to
enforcement the entire duration of the
effective period to facilitate the safe
transfer of 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,
persons and vessels may be present in
the surrounding areas during the
enforcement period. The Coast Guard
will provide advance notification of the
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safety zones to the local maritime
community by Local Notice to Mariners
or Broadcast Notice to Mariners, and the
rule will allow persons and 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
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).
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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 Polic1y 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 safety zones around the M/
V PIETERSGRACHT while underway
and moored 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,
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
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
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
[FR Doc. 2024–24757 Filed 10–24–24; 8:45 am]
■
BILLING CODE 9110–04–P
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.
DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 165
continues to read as follows:
2. Add § 165.T08–0957 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
this part, all persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zones described in
paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the safety
zones 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
lawful instructions of the COTP or the
COTP’s designated representative.
(d) Enforcement period. This rule will
be subject to enforcement from 1 a.m. on
October 29, 2024, through 5 p.m. on
November 15, 2024.
38 CFR Part 14
RIN 2900–AR93
§ 165.T08–0957 Fixed and Moving Safety
Zone; Vicinity of the M/VPIETERSGRACHT,
Houston Ship Channel and Morgan’s Point,
TX.
Fee Reasonableness Reviews; Effect
of Loss of Accreditation on Direct
Payment
(a) Location. The following areas are
temporary safety zones:
(1) Moving Safety Zone. All waters
within a 100-yard radius of the M/V
PIETERSGRACHT, as the vessel transits
from the approximate coordinates
29°19′01.21″ N, 094°38′38.1″ W, off the
coast of Galveston, TX, and proceeds
through the Houston Ship Channel to
the assigned docking station.
(2) Fixed Safety Zone. All waters
within a 25-yard radius of the M/V
PIETERSGRACHT while moored at the
Barbours Cut Terminal in Morgan’s
Point, Texas.
(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
Captain of the Port Sector HoustonGalveston (COTP) in the enforcement of
the safety zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
AGENCY:
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ACTION:
Department of Veterans Affairs.
Final rule.
The Department of Veterans
Affairs (VA) is issuing this final rule to
address its process for reviewing,
determining, and allocating reasonable
fees for claim representation, and to
address the effect on direct payment of
the termination of a claims agent’s or
attorney’s VA accreditation.
DATES:
Effective date: This final rule is
effective April 1, 2025.
Applicability date: The provisions of
this final rule shall apply to all fee
allocation notices issued on or after the
effective date of this final rule.
FOR FURTHER INFORMATION CONTACT:
Jonathan Taylor, Office of General
Counsel (022D), 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
7699. (This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: On
December 21, 2023, VA published in the
SUMMARY:
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85055
Federal Register (88 FR 88,295) a
proposed rule to address its process for
reviewing, determining, and allocating
reasonable fees for claim representation,
and to address the effect on direct
payment of the termination of a claims
agent’s or attorney’s VA accreditation.
The proposed rule allowed for a
comment period ending on February 20,
2024. During the comment period, VA
received 15 comments, which are
discussed below. After considering
these comments, VA has decided to
finalize the proposed rule without
amendment.
Comments on Representatives and Fees
Generally
One commenter stated that ‘‘the tone
of [VA’s] proposal suggests that attorney
involvement in the [claims] process is
part of some problem.’’ VA thanks the
commenter for this comment, but, to be
clear, VA takes no issue with VAaccredited attorneys and claims agents
(hereinafter ‘‘agents’’) assisting
claimants and recognizes the important
service they provide. But the fact of the
matter is that there has been an increase
in multi-attorney and multi-agent cases
and, when those agents and attorneys
request direct payment, VA needs an
efficient process to allocate fees in all
those cases. This rule provides such a
process. And this rule’s process will (1)
empower agents and attorneys to
negotiate fees on their own and (2)
deliver fees to agents and attorneys
more expeditiously (and benefits to
veterans more expeditiously). Those are
not anti-attorney or anti-agent measures
or results.
Another commenter stated that fees
should be a matter between a veteran
and representative, and that
representatives should not get fees from
VA. VA thanks the commenter, but—to
be clear—VA does not pay
representatives independently. VA only
pays representatives (out of a claimant’s
past-due benefits) when the claimant
and the representative have requested it.
And, under this rule, VA will only get
involved with the question of fees when
(1) direct payment is requested or (2) a
fee reasonableness review is requested
or otherwise warranted. Moreover,
consistent with this commenter’s
general view on fee matters, this rule
sets forth reasonable default allocations
that will allow claimants and
representatives to resolve fee matters on
their own in many cases. Nevertheless,
if that effort is unsuccessful, VA’s Office
of General Counsel (OGC) remains
available to review and decide a
reasonable fee allocation for the case.
A third commenter stated that VA
should ‘‘require agents or attorneys to
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]]>Agencies
[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85053-85055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24757]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0957]
RIN 1625-AA00
Safety Zones; Houston Ship Channel and Morgan's Point, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones, a
100-yard radius moving safety zone and a 25-yard radius fixed safety
zone, around the M/V PIETERSGRACHT, in the navigable waters of the
Houston Ship Channel and its vicinity. The temporary safety zones are
necessary to protect persons, property, and the marine environment from
potential hazards associated with the transfer of 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 Sector Houston-Galveston or a
designated representative.
DATES: This rule is effective from 1 a.m. on October 29, 2024, through
5 p.m. on November 15, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0957 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 First Class Marine Science Technician Christopher Morgan,
Sector Houston-Galveston Waterways Management Division, U.S. 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. Prompt action is needed to respond to potential safety
hazards associated with the transfer of this equipment. It is
impracticable to publish an NPRM because we must establish these safety
zones by October 29, 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
gantry cranes scheduled to begin on October 29, 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 Sector Houston-Galveston (COTP) has
determined that potential hazards associated with the transfer of
gantry cranes starting October 29, 2024, will be a safety concern for
anyone within a 100-yard radius of the M/V PIETERSGRACHT while in
transit and within a 25-yard radius of the M/V PIETERSGRACHT while
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 PIETERSGRACHT transits to and unloads gantry cranes in
Morgan's Point, Texas.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from 1 a.m. on
October 29, 2024, through 5 p.m. on November 15, 2024. The temporary
safety zones include a moving safety zone, covering all navigable
waters within a 100-yard radius of the M/V PIETERSGRACHT, a general
cargo ship, while underway and a fixed safety zone covering all
navigable waters within a 25-yard radius of the M/V PIETERSGRACHT while
moored. The duration of these
[[Page 85054]]
zones is intended to ensure the safety of the public, vessels and the
navigable waters in the specified areas during the transit of the
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 a 100-yard
radius of the M/V PIETERSGRACHT 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 a 25-yard
radius of the M/V PIETERSGRACHT once the M/V PIETERSGRACHT is moored at
Barbours Cut Terminal in Morgan's Point, Texas, at coordinates
29[deg]41'03'' N, 094[deg]59'40'' 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
subject to enforcement the entire duration of the effective period to
facilitate the safe transfer of 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, persons and vessels may be present 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 or Broadcast Notice to Mariners,
and the rule will allow persons and 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 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 Polic1y 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 safety zones around the
M/V PIETERSGRACHT while underway and moored 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,
[[Page 85055]]
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.T08-0957 to read as follows:
Sec. 165.T08-0957 Fixed and Moving Safety Zone; Vicinity of the M/
VPIETERSGRACHT, Houston Ship Channel and Morgan's Point, TX.
(a) Location. The following areas are temporary safety zones:
(1) Moving Safety Zone. All waters within a 100-yard radius of the
M/V PIETERSGRACHT, as the vessel transits from the approximate
coordinates 29[deg]19'01.21'' N, 094[deg]38'38.1'' W, off the coast of
Galveston, TX, and proceeds through the Houston Ship Channel to the
assigned docking station.
(2) Fixed Safety Zone. All waters within a 25-yard radius of the M/
V PIETERSGRACHT while moored at the Barbours Cut Terminal in Morgan's
Point, Texas.
(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
Captain of the Port Sector Houston-Galveston (COTP) in the enforcement
of the safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zones described in paragraph (a) of this section unless
authorized by the COTP or the COTP's designated representative.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the safety zones 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 lawful
instructions of the COTP or the COTP's designated representative.
(d) Enforcement period. This rule will be subject to enforcement
from 1 a.m. on October 29, 2024, through 5 p.m. on November 15, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-24757 Filed 10-24-24; 8:45 am]
BILLING CODE 9110-04-P
