[Federal Register Volume 78, Number 194 (Monday, October 7, 2013)]
[Rules and Regulations]
[Pages 61937-61939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24321]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 78, No. 194 / Monday, October 7, 2013 / Rules
and Regulations
[[Page 61937]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0698]
RIN 1625-AA00
Safety Zone; Port of Galveston, Pelican Island Bridge Repair
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Galveston to maintain public safety during the Pelican Island Bridge
Repair Project. This action is necessary to protect public boaters and
their vessels from potential safety hazards. Entry into this zone is
prohibited unless specifically authorized by the Captain of the Port of
Houston-Galveston or a designated representative.
DATES: This rule is effective from October 1, 2013 to December 15,
2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0698. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Xochitl Castaneda, Chief of Waterways Management
Division, U.S. Coast Guard Sector Houston Galveston; telephone (713)
671-5164, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNTM Broadcast Notice to Mariners
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this Temporary Final Rule (TFR) 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 publishing
an NPRM and delaying the rule's effective date would be contrary to
public interest. The Coast Guard was notified about this repair project
on April 14, 2013 therefore there was not enough time to publish an
NPRM. During the repair project, a crane and barge will be placed under
the Pelican Island Bridge; therefore immediate action is needed to
protect public boaters and their vessels from potential hazards
associated with this repair work.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this safety zone is to
protect public boaters and their vessels from potential safety hazards
associated with the repair of the Pelican Island Bridge.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary Safety Zone in
Galveston Channel to ensure public safety during the Pelican Island
Bridge Repair Project. This area includes all waters of Galveston
Channel under and around the Pelican Island Bridge, enclosed within the
area extending 50 feet out from position 29[deg]18'38.23'' N,
094[deg]49'24.84 W. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port of Houston-Galveston
or a designated representative from October 1, 2013 to December 15.
2015.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS) because this
regulation will only be enforced from October 1, 2013 to December 15,
2015. Notifications to the marine community will be made through Vessel
Traffic Services and Broadcast Notice to Mariners. The impacts on
routine navigation are expected to be minimal.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the
[[Page 61938]]
potential impact of regulations on small entities during rulemaking.
The term ``small entities'' comprises small business, 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. This rule will affect
the following entities, some of which might be small entities: vessels
intending to transit or anchor in the Galveston Channel from October 1,
2013 to December 15, 2015. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: (1) Vessels are able to transit around the affected
area; (2) vessels may request permission from the Captain of the Port
to transit through the safety zone; and (3) the number of vessels
affected by the safety zone is expected to be minimal.
3. Assistance for Small Entities
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
contact the person listed in the ``FOR FURTHER INFORMATION CONTACT''
section above.
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial 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
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 establishing a temporary safety zone in
the Galveston Channel to maintain public safety during the Pelican
Island Bridge Repair Project. This action is necessary to protect
public boaters and their vessels. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
[[Page 61939]]
0
2. A new temporary Sec. 165.T08-0698 is added to read as follows:
Sec. 165.T08-0698--Safety Zone; Port of Galveston, Pelican Island
Bridge Repair.
(a) Definition. As used in this section, Public boaters means all
recreational boaters and their vessels.
(b) Safety Zone. This area includes all waters of Galveston Channel
enclosed within an area extending 50 feet out from the position
29[deg]18'38.23'' N, 094[deg]49'24.84'' W. All coordinates are based on
NAD83.
(c) Effective date. This rule is effective and will be enforced
from October 1, 2013 to December 15, 2015.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited to all
vessels except participant vessels and those vessels specifically
authorized by the Captain of the Port, Houston-Galveston or a
designated representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Houston-Galveston, or
a designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at (713) 671-5103.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Houston-Galveston, designated representatives
and designated on-scene U.S. Coast Guard patrol personnel. On-scene
U.S. Coast Guard patrol personnel include commissioned, warrant and
petty officers of the U.S. Coast Guard.
Dated: September 23, 2013.
B.K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2013-24321 Filed 10-4-13; 8:45 am]
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