Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX, 48325-48327 [2024-12437]

Download as PDF Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Rules and Regulations On December 22, 2023, the President, invoking the authority of, inter alia, IEEPA, issued E.O. 14114, ‘‘Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities’’ (88 FR 89271, December 26, 2023). Among other things, E.O. 14114 amends E.O.14068 by striking paragraph (a)(i) of section 1 and inserting, in lieu thereof, new language in subsections (a)(i)(A) through (D). Section 1(a)(i)(A) of E.O. 14068 as amended prohibits the importation and entry into the United States, including importation for admission into a foreign trade zone located in the United States, of the following products of Russian Federation origin: fish, seafood, and preparations thereof; alcoholic beverages; non-industrial diamonds; and any other products of Russian Federation origin, as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce. On April 6, 2022, the President, invoking the authority of, inter alia, IEEPA, issued E.O. 14071 of April 6, 2022, ‘‘Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression’’ (87 FR 20999, April 8, 2022). Among other prohibitions, section 1(a)(ii) of E.O. 14071 prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any category of services as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, to any person located in the Russian Federation. lotter on DSK11XQN23PROD with RULES1 Determination Pursuant to Section 1(a)(i)(A) of E.O. 14068 On April 12, 2024, pursuant to delegated authority, the Director of OFAC, in consultation with the Department of State and the Department of Commerce, issued ‘‘Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068,’’ which determined that the prohibitions in section 1(a)(i)(A) of E.O. 14068 as amended shall apply to aluminum, copper, and nickel of Russian Federation origin. Determination Pursuant to Section 1(a)(ii) of E.O. 14071 Also on April 12, 2024, pursuant to delegated authority, the Director of OFAC in consultation with the Department of State issued ‘‘Determination Pursuant to Sections 1(a)(ii) of Executive Order 14071,’’ which determined that the prohibitions in section 1(a)(ii) of E.O. 14071 shall VerDate Sep<11>2014 16:29 Jun 05, 2024 Jkt 262001 apply to the following categories of services: warranting services for aluminum, copper, or nickel of Russian Federation origin on a global metal exchange; and services to acquire aluminum, copper, or nickel of Russian Federation origin as part of physical settlement of a derivative contract (collectively, ‘‘Covered Metals Acquisition Services’’). Each determination was made available on OFAC’s website (https:// ofac.treasury.gov) when it was issued. The text of these determinations is below. OFFICE OF FOREIGN ASSETS CONTROL Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068 Prohibitions Related to Imports of Aluminum, Copper, and Nickel of Russian Federation Origin Pursuant to sections 1(a)(i)(A), 1(b), and 5 of Executive Order (E.O.) 14068 of March 11, 2022 (‘‘Prohibiting Certain Imports, Exports, and New Investment With Respect to Continued Russian Federation Aggression’’), as amended by E.O. 14114 of December 22, 2023 (‘‘Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities’’), and 31 CFR 587.802, and in consultation with the Department of State and the Department of Commerce, I hereby determine that the prohibitions in section 1(a)(i)(A) of E.O. 14068 shall apply to aluminum, copper, and nickel of Russian Federation origin. As a result, the importation and entry into the United States, including importation for admission into a foreign trade zone located in the United States, of aluminum, copper, and nickel of Russian Federation origin is prohibited, except to the extent provided by law, or unless licensed or otherwise authorized by the Office of Foreign Assets Control. This determination excludes aluminum, copper, and nickel of Russian Federation origin that was produced prior to April 13, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. April 12, 2024. OFFICE OF FOREIGN ASSETS CONTROL Determination Pursuant to Section 1(a)(ii) of Executive Order 14071 Prohibitions on Certain Services for the Acquisition of Aluminum, Copper, or Nickel of Russian Federation Origin Pursuant to sections 1(a)(ii), 1(b), and 5 of Executive Order (E.O.) 14071 of April 6, 2022 (‘‘Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression’’) and 31 CFR 587.802, and in consultation with the Department of State, I hereby determine that the prohibitions in section 1(a)(ii) of E.O. 14071 shall apply to the following categories of services: warranting services for aluminum, copper, or nickel of Russian Federation origin on a PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 48325 global metal exchange; and services to acquire aluminum, copper, or nickel of Russian Federation origin as part of physical settlement of a derivative contract (collectively, ‘‘Covered Metals Acquisition Services’’). As a result, the following activities are prohibited, except to the extent provided by law, or unless licensed or otherwise authorized by the Office of Foreign Assets Control: The exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any of the Covered Metals Acquisition Services to any person located in the Russian Federation. This determination excludes Covered Metals Acquisition Services related to aluminum, copper, or nickel that was produced prior to April 13, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. April 12, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. [FR Doc. 2024–12372 Filed 6–5–24; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0494] RIN 1625–AA00 Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Gulf Intracoastal Waterway, in the Corpus Christi Bay, TX, near mile marker 546. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a broken gas pipeline which is leaking methane, and to facilitate repairs. Entry of vessels or persons into this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi or a designated representative. DATES: This rule is effective without actual notice from June 6, 2024 through 11:59 p.m. on June 12, 2024. For the purposes of enforcement, actual notice will be used from May 29, 2024 until June 6, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Anthony SUMMARY: E:\FR\FM\06JNR1.SGM 06JNR1 48326 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Rules and Regulations Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 1–800–874– 2143, email CCWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port, Sector Corpus Christi 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 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. Given that the safety zone must be put into effect as soon as possible to offer protection from hazards associated with the search and rescue operations and salvage efforts related to the obstruction, lack sufficient time to provide notice, take comments, and consider those comments before issuing the rule. In addition, 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 contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the gas leak and repair efforts related to a broken methane pipeline in the Gulf Intracoastal Waterway. lotter on DSK11XQN23PROD with RULES1 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 Corpus Christi (COTP) has determined that potential hazards associated with the gas leak and repair efforts related to a broken methane pipeline require that vessel traffic be rerouted, from 11:59 a.m. on May 29, 2024 through 11:59 p.m. on June 12, 2024, to ensure safety of vessels and persons on these navigable waters until the search and VerDate Sep<11>2014 16:29 Jun 05, 2024 Jkt 262001 rescue operations and salvage efforts concludes. IV. Discussion of the Rule This rule establishes a temporary safety zone from 11:59 a.m. on May 29, 2024 through 11:59 p.m. on June 12, 2024. The safety zone encompasses all navigable waters of the Gulf Intracoastal Waterway within the following coordinates: 27°44′05″ N, 097°13′14″ W; 27°44′02″ N, 097°12′44″ W; 27°43′39″ N, 097°12′48″ W; 27°43′39″ N, 097°13′17″ W. No vessel or person is permitted to enter the temporary safety zone during the effective period without obtaining permission from the COTP or a designated representative, who may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 1–800– 874–2143. The Coast Guard will issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866 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 safety zone. The temporary safety zone will be enforced for a short period of only 15 days. The rule does not completely restrict the traffic within a waterway and allows mariners to request permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 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. 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. 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, 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, E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Rules and Regulations 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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. lotter on DSK11XQN23PROD with RULES1 F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, 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 will encompass all navigable waters of the Gulf Intracoastal Waterway within the following coordinates: 27°44′05″ N, 097°13′14″ W; 27°44′02″ N, 097°12′44″ W; 27°43′39″ N, 097°12′48″ W; 27°43′39″ N, 097°13′17″ W. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the gas leak and repair efforts related to a broken methane pipeline in the Gulf Intracoastal Waterway. It is categorically excluded from further review under paragraph L60(c) Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. G. 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. VerDate Sep<11>2014 16:29 Jun 05, 2024 Jkt 262001 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 48327 Marine Information Broadcasts as appropriate. Michael Cintron, Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus Christi. [FR Doc. 2024–12437 Filed 6–5–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 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.T08–0494 to read as follows: ■ § 165.T08–0494 Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX. (a) Location. The following area is a safety zone: all navigable waters of the Gulf Intracoastal Waterway within the following coordinates: 27°44′05″ N, 097°13′14″ W; 27°44′02″ N, 097°12′44″ W; 27°43′39″ N, 097°12′48″ W; 27°43′39″ N, 097°13′17″ W. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port, Sector Corpus Christi (COTP) in the enforcement of the safety zone. (c) Effective period. This section is effective from 11:59 a.m. on May 29, 2024 through 11:59 p.m. on June 12, 2024. (d) Regulations. (1) According to the general regulations in § 165.23 of this part, entry into this temporary safety zone is prohibited unless authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative. They may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 1–800–874–2143. (2) If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. (e) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket No. USCG–2024–0398] Southern California Annual Firework Events for the Los Angeles Long Beach Captain of the Port Zone Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce safety zones for annually reoccurring firework events taking place the first week of July 2024 in the Los AngelesLong Beach Captain of the Port Zone. This action is necessary and intended to provide for the safety of life and property on the navigable waterways during these events. During enforcement periods, the operator of any vessel in the regulated area must comply with direction from the Patrol Commander or any official patrol vessels displaying a Coast Guard ensign. DATES: The regulations in 33 CFR 165.1125 will be enforced for the location identified in Table 1 of § 165.1125 on the following dates and times for each event. SUMMARY: #2 LA County Dept of Beach and Harbors 4th of July Fireworks • Location: Main Ship Channel of Marian Del Ray, Ca • Date: July 4th, 2024 • Time: Safety Zone enforced from 1930 to 2300 local. #3 Fourth of July Fireworks, City of Dana Point • Location: Offshore Dana Point Harbor, CA • Date: July 4th, 2024 • Time: Safety Zone enforced from 2030 to 2300 local. #4 Fourth of July Fireworks, City of Long Beach • Location: Los Alamitos Bay, CA • Date: July 3rd, 2024 • Time: Safety Zone enforced from 2030 to 2230 local. E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Rules and Regulations]
[Pages 48325-48327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12437]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0494]
RIN 1625-AA00


Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the Gulf Intracoastal Waterway, in the 
Corpus Christi Bay, TX, near mile marker 546. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a broken gas pipeline which is leaking 
methane, and to facilitate repairs. Entry of vessels or persons into 
this temporary safety zone is prohibited unless specifically authorized 
by the Captain of the Port, Sector Corpus Christi or a designated 
representative.

DATES: This rule is effective without actual notice from June 6, 2024 
through 11:59 p.m. on June 12, 2024. For the purposes of enforcement, 
actual notice will be used from May 29, 2024 until June 6, 2024.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Anthony

[[Page 48326]]

Garofalo, Sector Corpus Christi Waterways Management Division, U.S. 
Coast Guard; telephone 1-800-874-2143, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Sector Corpus Christi
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 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 it is impracticable. Given that the 
safety zone must be put into effect as soon as possible to offer 
protection from hazards associated with the search and rescue 
operations and salvage efforts related to the obstruction, lack 
sufficient time to provide notice, take comments, and consider those 
comments before issuing the rule.
    In addition, 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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the gas leak and repair efforts related to a broken methane 
pipeline in the Gulf Intracoastal Waterway.

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 Corpus Christi (COTP) has 
determined that potential hazards associated with the gas leak and 
repair efforts related to a broken methane pipeline require that vessel 
traffic be rerouted, from 11:59 a.m. on May 29, 2024 through 11:59 p.m. 
on June 12, 2024, to ensure safety of vessels and persons on these 
navigable waters until the search and rescue operations and salvage 
efforts concludes.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 11:59 a.m. on 
May 29, 2024 through 11:59 p.m. on June 12, 2024. The safety zone 
encompasses all navigable waters of the Gulf Intracoastal Waterway 
within the following coordinates: 27[deg]44'05'' N, 097[deg]13'14'' W; 
27[deg]44'02'' N, 097[deg]12'44'' W; 27[deg]43'39'' N, 097[deg]12'48'' 
W; 27[deg]43'39'' N, 097[deg]13'17'' W. No vessel or person is 
permitted to enter the temporary safety zone during the effective 
period without obtaining permission from the COTP or a designated 
representative, who may be contacted on Channel 16 VHF-FM (156.8 MHz) 
or by telephone at 1-800-874-2143. The Coast Guard will issue Broadcast 
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine 
Information Broadcasts as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866 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 safety zone. The temporary safety zone 
will be enforced for a short period of only 15 days. The rule does not 
completely restrict the traffic within a waterway and allows mariners 
to request permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
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.
    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.
    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, 
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,

[[Page 48327]]

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. If you believe this 
rule has implications for federalism or Indian tribes, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section above.

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, 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 will encompass all navigable waters of the Gulf 
Intracoastal Waterway within the following coordinates: 27[deg]44'05'' 
N, 097[deg]13'14'' W; 27[deg]44'02'' N, 097[deg]12'44'' W; 
27[deg]43'39'' N, 097[deg]12'48'' W; 27[deg]43'39'' N, 097[deg]13'17'' 
W. The safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created by the gas leak and 
repair efforts related to a broken methane pipeline in the Gulf 
Intracoastal Waterway. It is categorically excluded from further review 
under paragraph L60(c) Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1.

G. 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.

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.T08-0494 to read as follows:


Sec.  165.T08-0494  Safety Zone; Gulf Intracoastal Waterway, Corpus 
Christi, TX.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Gulf Intracoastal Waterway within the following 
coordinates: 27[deg]44'05'' N, 097[deg]13'14'' W; 27[deg]44'02'' N, 
097[deg]12'44'' W; 27[deg]43'39'' N, 097[deg]12'48'' W; 27[deg]43'39'' 
N, 097[deg]13'17'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port, Sector Corpus Christi (COTP) in the enforcement of 
the safety zone.
    (c) Effective period. This section is effective from 11:59 a.m. on 
May 29, 2024 through 11:59 p.m. on June 12, 2024.
    (d) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into this temporary safety zone is 
prohibited unless authorized by the Captain of the Port Sector Corpus 
Christi (COTP) or a designated representative. They may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 1-800-874-2143.
    (2) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

Michael Cintron,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus 
Christi.
[FR Doc. 2024-12437 Filed 6-5-24; 8:45 am]
BILLING CODE 9110-04-P


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