9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0425]
RIN 1625-AA00
Fixed and Moving Safety Zone; Vicinity of the M/V HAPPY DIAMOND; Houston
Ship Channel and Seabrook, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing two temporary safety zones, a moving
safety zone and a fixed safety zone, around the M/V HAPPY DIAMOND in the
navigable waters of the Houston Ship Channel and its vicinity. The temporary safety
zones are necessary to protect persons, property, and the marine environment from
potential hazards associated with the transfer of rubber tire gantry cranes. Persons and
vessels are prohibited from entering, transiting through, anchoring in, or remaining within
the safety zones unless specifically authorized by the Captain of the Port HoustonGalveston or a designated representative.
DATES: This rule is effective from 5 a.m. on June 15, 2024, through 4 p.m. on June 30,
2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0425 in the search box, and
click “Search.” Next, in the Document Type column, select “Supporting & Related
Material.”

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Junior Grade Linda I. Duncan, Sector Houston-Galveston
Waterways Management Division, Coast Guard; telephone 713-398-5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP
CFR
DHS
FR
NPRM
§
U.S.C.

Captain of the Port
Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of Proposed Rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5 U.S.C.
553(b)(B). This statutory provision authorizes an agency to issue a rule without prior
notice and opportunity to comment when the agency, for good cause, finds that those
procedures are “impracticable, unnecessary, or contrary to the public interest.” The Coast
Guard finds that good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. The Coast Guard received
all relevant information for the transfer of the rubber tire gantry cranes and the need for
the safety zone on May 15, 2024. Insufficient time remains to publish an NPRM and
receive and consider public comments because the rulemaking process would not be
completed before June 15, 2024. Proceeding with the NPRM process would delay the
establishment of the safety zones beyond the event date, compromising the safety of the
M/V HAPPY DIAMOND, the crew, and other vessels navigating in surrounding
waterways. Therefore, it is impracticable to publish an NPRM because we must establish
the temporary safety zone by June 15, 2024.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for

making this rule effective less than 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be impracticable because prompt action is
needed to respond to the potential safety hazards associated with the transfer of rubber
tire gantry cranes beginning on June 15, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
Captain of the Port Houston-Galveston (COTP) has determined that potential hazards
associated with the transfer of rubber tire gantry cranes starting June 15, 2024, will be a
safety concern for anyone within a 100-yard radius while the M/V HAPPY DIAMOND
is in transit and for anyone within 25-yard radius while the M/V HAPPY DIAMOND is
moored. This rule is needed to protect persons, property, and the marine environment
within the navigable waters of the safety zones while the M/V HAPPY DIAMOND
transits to and unloads in Seabrook, Texas.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from 5 a.m. on June 15, 2024,
through 4 p.m. on June 30, 2024. The temporary safety zones include a moving safety
zone, covering all navigable waters within 100 yards of the M/V HAPPY DIAMOND
general cargo ship, and a fixed safety zone, covering all navigable waters within 25 yards
of M/V HAPPY DIAMOND. The duration of the zones is intended to ensure the safety of
the public and navigable waters in the specified areas during the transit of the rubber tire
gantry cranes in the Houston Ship Channel and while the vessel is moored and unloading.
No vessel or person will be permitted to enter, transit through, anchor in, or remain
within the safety zones without obtaining permission from the COTP or a designated
representative.
Moving Safety Zone: This area includes all waters within 100 yards of the M/V
HAPPY DIAMOND as the vessel transits from the Gulf of Mexico off the coast of

Galveston and through the Houston Ship Channel. The approximate start position is
29°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 25 yards of the M/V
HAPPY DIAMOND once the M/V HAPPY DIAMOND is moored at Bayport Terminal
in Seabrook, Texas, 29° 36' 18.61" N, 095° 0' 25.12" W.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and Executive orders
related to rulemaking. Below, we summarize our analyses based on a number of these
statutes and Executive orders, and we discuss the First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits
of available regulatory alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. This rule has not been designated a “significant
regulatory action” under section 3(f) of Executive Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory Review). Accordingly, the Office of Management
and Budget has not reviewed this rule.
This regulatory action determination is based on the safety zones’ size, location,
duration, and time-of-day. The safety zones will be enforced for 15 days during the
transfer of rubber tire gantry cranes in the Houston Ship Channel. Although the rule
prohibits persons and vessels from entering, transiting through, anchoring in, or
remaining within the regulated area without authorization from the COTP or a designated
representative, they may operate in the surrounding areas during the enforcement period.
The Coast Guard will provide advance notification of the safety zones to the local
maritime community by Local Notice to Mariners and/or Broadcast Notice to Mariners,
and the rule would allow vessels to seek permission to enter the zones.

B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires
Federal agencies to consider the potential impact of regulations on small entities during
rulemaking. The term “small entities” comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than 50,000. The Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone
may be small entities, for the reasons stated in section V.A above, this rule will not have
a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If
the rule would affect your small business, organization, or governmental jurisdiction and
you have questions concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually
and rates each agency’s responsiveness to small businesses. If you wish to comment on
actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
C. Collection of Information

This rule will not call for a new collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132, Federalism,
if it has a substantial direct effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and responsibilities among the
various levels of government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental principles of federalism and
preemption requirements described in Executive Order 13132.
Also, this rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because it does not have
a substantial direct effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of their discretionary regulatory actions. In
particular, the Act addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted
for inflation) or more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security Directive
023-01, Rev. 1, associated implementing instructions, and Environmental Planning
COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have

determined that this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This rule involves
safety zones that will prohibit persons and vessels from entering, transiting through,
anchoring in, or remaining within the regulated area during the transfer of rubber tire
gantry cranes in the Houston Ship Channel. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–
01–001–01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section to coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part
165 as follows:
PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS
AREAS
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.
2. Add § 165.T08-0425 to read as follows:
§ 165.T08-0425 Fixed and Moving Safety Zone; Around the M/V HAPPY DIAMOND,

Houston Ship Channel and Seabrook, TX.
(a) Regulated Area. The following areas are temporary safety zones:
(1) Moving Safety Zone: All waters within a 100-yard radius of the M/V
HAPPY DIAMOND, as the vessel transits from the approximate coordinates
29°19’01.21” N, 094°38’38.1” W, off the coast of Galveston, and proceeds through the
Houston Ship Channel to the assigned docking station.
(2) Fixed Safety Zone: All waters within a 25-yard radius of the M/V
HAPPY DIAMOND, while moored, at the Bayport Terminal in Seabrook, Texas, will be
in effect for the event’s duration.
(b) Definition. The term “designated representative” means Coast Guard Patrol
Commanders, including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and Federal, state, and local officers designated by or
assisting the COTP Houston-Galveston in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated area unless authorized
by the COTP or the COTP’s designated representative.
(2) Designated representatives may control vessel traffic throughout the
enforcement area as determined by the prevailing conditions.
(3) Persons and vessels may request authorization to enter, transit through,
anchor in, or remain within the regulated areas by contacting the COTP by telephone at
866-539-8114, or the COTP’s designated representative via VHF radio on channel 16. If
authorization is granted by the COTP or the COTP’s designated representative, all
persons and vessels receiving such authorization must comply with the instructions of the
COTP or the COTP’s designated representative.
(d) Enforcement Period. This rule will be subject to enforcement from 5 a.m. on
June 15, 2024, through 4 p.m. on June 30, 2024.

Dated: June 10, 2024

Keith M. Donohue,
Captain, U.S. Coast Guard,
Captain of the Port Sector Houston-Galveston.

[FR Doc. 2024-13146 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]