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
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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
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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:
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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
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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,
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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.
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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
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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.
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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]
=======================================================================
-----------------------------------------------------------------------
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