Safety Zone; Captain of the Port Corpus Christi, TX, 57091-57093 [2024-15282]
Download as PDF
Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations
Waterways Management at
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 165.1332 for the
Mercer Island regulated area from 9 p.m.
on July 13, 2024 until 1 a.m. on July 14,
2024. This action is being taken to
provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
the Thirteenth Coast Guard District,
§ 165.1332, specifies the location of the
regulated area for the Mercer Island
Celebration which encompasses
portions of Lake Washington. The
special requirements listed in 33 CFR
165.1332(b) apply to the activation and
enforcement of the safety zone. During
the enforcement periods, as reflected in
§ 165.1332(c), no vessel operator may
enter, transit, moor, or anchor within
the safety zone, except for vessels
authorized by the Captain of the Port,
Sector Puget Sound or Designated
Representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via marine information broadcasts and
Local Notice to Mariners. If the Safety
Zone is canceled earlier than listed in
this regulation, notification will be
provided via Local Notice to Mariners
and marine information broadcasts.
Dated: July 5, 2024.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0006]
RIN 1625–AA00
Safety Zone; Captain of the Port
Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Captain of
the Port Zone from the Mexico/US
Border north to the Colorado Locks as
defined in 33 CFR 3.40–35. This safety
zone is being established to safeguard
vessels, ports and waterfront facilities
from damage due to Hurricane Beryl.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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16:01 Jul 11, 2024
Jkt 262001
This rule is effective without
actual notice from July 12, 2024,
through July 15, 2024. For the purposes
of enforcement, actual notice will be
used from July 6, 2024, until July 12,
2024. It will be subject to enforcement
each day.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0006 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Commander Mike Metz, Sector
Corpus Christi Waterways Management
Division, U.S. Coast Guard; telephone
361–939–5130, email Mike.W.Metz@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Corpus
Christi
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
[FR Doc. 2024–15323 Filed 7–11–24; 8:45 am]
ACTION:
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port,
Sector Corpus Christi, or a designated
representative.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to 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. This safety zone must be
in place by July 6, 2024 to protect
personnel, vessels, and the marine
environment from potential hazards
associated with Hurricane Beryl and
there is insufficient time between now
and July 6, 2024 to provide notice of a
proposal to create these safety zones,
consider comments received, and
publish a final rule.
In addition, the Coast Guard finds that
good cause also exists under 5 U.S.C.
553(d)(3) for making this rule effective
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Fmt 4700
Sfmt 4700
57091
less than 30 days after publication in the
Federal Register because the safety zone
must be in effect less than 30 days from
now to serve their purpose and it would
be contrary to the public interest to
delay its effective date until after the
hurricane makes lanfall.
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 weather
associated with the arrival of Hurricane
Beryl makes this temporary safety zone
necessary to prevent vessels from
damaging themselves and port
infrastructure such as piers, bridges, and
facilities, and also help prevent the loss
of life associated with vessel casualties.
IV. Discussion of the Rule
This rule is subject to enforcement,
starting from 2 p.m. on July 6, 2024, to
12 p.m., through July 15, 2024. No
vessel or person will be permitted to
enter the temporary safety zones during
the period in which the rule is subject
to enforcement 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 zones. The safety
zone covers the entire Captain of the
Port Zone from the Mexico/US Border
north to the Colorado Locks as defined
in 33 CFR 3.40–35. The temporary
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57092
Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations
safety zones will be subject to
enforcement for a period of 24 hours a
day, from July 6, 2024, through July 15,
2024. The rule does not completely
prohibit vessel traffic within the
waterway, and it allows mariners to
request permission to enter the zones.
lotter on DSK11XQN23PROD with RULES1
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).
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16:01 Jul 11, 2024
Jkt 262001
D. Federalism and Indian Tribal
Governments
environment from potential hazards
created by Hurricane Beryl. It is
categorically excluded from further
review under paragraph L60(a), in
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.
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,
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.
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.
E. Unfunded Mandates Reform Act
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 involves
establishment of a temporary safety
zone for all navigable waters of the
Captain of the Port Zone from the
Mexico/US Border north to the Colorado
Locks as defined in 33 CFR 3.40–35.
The safety zone is needed to protect
personnel, vessels, and the marine
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Frm 00034
Fmt 4700
Sfmt 4700
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:
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.T08–0006 to read as
follows:
■
§ 165.T08–0006 Safety Zone; Captain of
the Port Corpus Christi, TX.
(a) Location. The safety zone will be
within the following area: all navigable
waters of the Captain of the Port Zone
from the Mexico/US Border north to the
Colorado Locks as defined in 33 CFR
3.40–35
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol officer,
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, Corpus
Christi, TX (COTP), in the enforcement
of the safety zone.
(c) Enforcement period. This section
will be subject to enforcement from 2
p.m. on July 6, 2024 to 12 p.m. on Ju1y
15, 2024.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into these temporary
safety zones is prohibited unless
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Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations
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.
Dated: July 6, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2024–15282 Filed 7–11–24; 8:45 am]
§ 210.29
[Corrected]
[FR Doc. C1–2024–14609 Filed 7–11–24; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No: 240708–0187; RTID 0648–
XE094]
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Interim Specifications and
Management Measures for Pacific
Sardine
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
LIBRARY OF CONGRESS
Copyright Office
This final rule implements
interim annual harvest specifications
and management measures for the
northern subpopulation of Pacific
sardine (hereafter, Pacific sardine),
pursuant to an order issued on June 28,
2024, by the U.S. District Court for the
Northern District of California in
Oceana, Inc., v. Raimondo, et al., No.
5:21–cv–05407–VKD (N.D. Cal., filed
July 14, 2021). Specifically, this rule reinstates the annual specifications and
management measures that were in
place for the 2023–2024 fishing year in
whole, until August 1, 2024.
SUMMARY:
37 CFR Part 210
[Docket No. 2022–5]
Termination Rights, Royalty
Distributions, Ownership Transfers,
Disputes, and the Music Modernization
Act
Correction
In rule document 2024–14609
beginning on page 56586 in the issue of
Tuesday, July 9, 2024, make the
following correction:
FOR FURTHER INFORMATION CONTACT:
Katie Davis, West Coast Region, NMFS,
(323) 372–2126, Katie.Davis@noaa.gov.
This final
rule re-instates the harvest
specifications and management
measures that were in place for the
2023–2024 Pacific sardine fishing year
(88 FR 41040, June 23, 2023) and that
expired on June 30, 2024. These interim
harvest specifications and management
measures are effective until August 1,
2024, or until the 2024–2025 annual
Pacific sardine specifications are
effective, whichever date comes first.
Proposed 2024–2025 Pacific sardine
harvest specifications and management
measures were published in the Federal
Register on June 21, 2024 (89 FR 52005).
This action is necessary to comply
with a June 28, 2024 order issued by the
U.S. District Court for the Northern
District of California (the Court) in
Oceana, Inc., v. Raimondo, et al., No.
5:21–cv–05407–VKD (N.D. Cal., filed
July 14, 2021), which directs NMFS to
implement interim specifications that
are no less restrictive than the 2023–
2024 specifications, and that take effect
upon the expiration of the 2023–2024
specifications (i.e., July 1, 2024) and
remain in effect through August 1, 2024,
unless NMFS promulgates 2024–2025
annual specifications before that date.
The interim specifications being
implemented by this action can be
found in table 1, and the additional
regulations and management measures
are listed below table 1.
SUPPLEMENTARY INFORMATION:
AGENCY:
BILLING CODE 9110–04–P
Effective July 11, 2024 until
August 1, 2024.
DATES:
On page 56614, in § 210.29, in the first
column, in the second line, ‘‘August 8,
2024’’ should read ‘‘February 9, 2026’’.
■
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TABLE 1—INTERIM HARVEST SPECIFICATIONS, IN METRIC TONS (mt)
Overfishing
limit
(OFL)
Acceptable
biological
catch
(ABC)
Harvest
guideline
(HG)
Annual
catch limit
(ACL)
Annual
catch target
(ACT)
5,506
3,953
0
3,953
3,600
This interim rule also temporarily reinstates the following management
measures for commercial sardine
harvest:
(1) The primary directed commercial
fishery is closed.
(2) If landings in the live bait fishery
reach 2,500 mt of Pacific sardine, then
a 1 mt per-trip limit of sardine would
apply to the live bait fishery.
(3) An incidental per-landing limit of
20 percent (by weight) of Pacific sardine
applies to other coastal pelagic species
VerDate Sep<11>2014
16:01 Jul 11, 2024
Jkt 262001
(CPS) primary directed fisheries (e.g.,
Pacific mackerel).
(4) If the ACT of 3,600 mt is attained,
then a 1 mt per-trip limit of Pacific
sardine landings would apply to all CPS
fisheries (i.e., 2) and 3) would no longer
apply).
(5) An incidental per-landing
allowance of 2 mt of Pacific sardine
would apply to non-CPS fisheries until
the ACL is reached.
All sources of catch, including any
exempted fishing permit (EFP) setasides, the live bait fishery, and other
PO 00000
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Fmt 4700
Sfmt 4700
minimal sources of harvest, such as
incidental catch in CPS and non-CPS
fisheries and minor directed fishing,
will be accounted for against the ACT
and ACL.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register to announce when
catch reaches the management measure
limits, as well as any resulting changes
to allowable incidental catch
percentages. Additionally, to ensure that
the regulated community is informed of
any closure, NMFS will make
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Agencies
[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Rules and Regulations]
[Pages 57091-57093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15282]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0006]
RIN 1625-AA00
Safety Zone; Captain of the Port Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Captain of the Port Zone from the Mexico/US
Border north to the Colorado Locks as defined in 33 CFR 3.40-35. This
safety zone is being established to safeguard vessels, ports and
waterfront facilities from damage due to Hurricane Beryl. Entry of
vessels or persons into this 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 July 12, 2024,
through July 15, 2024. For the purposes of enforcement, actual notice
will be used from July 6, 2024, until July 12, 2024. It will be subject
to enforcement each day.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0006 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Commander Mike Metz, Sector Corpus Christi Waterways
Management Division, U.S. Coast Guard; telephone 361-939-5130, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Corpus Christi
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 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. This safety zone
must be in place by July 6, 2024 to protect personnel, vessels, and the
marine environment from potential hazards associated with Hurricane
Beryl and there is insufficient time between now and July 6, 2024 to
provide notice of a proposal to create these safety zones, consider
comments received, and publish a final rule.
In addition, the Coast Guard finds that good cause also exists
under 5 U.S.C. 553(d)(3) for making this rule effective less than 30
days after publication in the Federal Register because the safety zone
must be in effect less than 30 days from now to serve their purpose and
it would be contrary to the public interest to delay its effective date
until after the hurricane makes lanfall.
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 weather associated with the arrival of Hurricane Beryl makes
this temporary safety zone necessary to prevent vessels from damaging
themselves and port infrastructure such as piers, bridges, and
facilities, and also help prevent the loss of life associated with
vessel casualties.
IV. Discussion of the Rule
This rule is subject to enforcement, starting from 2 p.m. on July
6, 2024, to 12 p.m., through July 15, 2024. No vessel or person will be
permitted to enter the temporary safety zones during the period in
which the rule is subject to enforcement 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 zones. The safety zone covers the
entire Captain of the Port Zone from the Mexico/US Border north to the
Colorado Locks as defined in 33 CFR 3.40-35. The temporary
[[Page 57092]]
safety zones will be subject to enforcement for a period of 24 hours a
day, from July 6, 2024, through July 15, 2024. The rule does not
completely prohibit vessel traffic within the waterway, and it allows
mariners to request 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
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, 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 involves establishment of a temporary safety
zone for all navigable waters of the Captain of the Port Zone from the
Mexico/US Border north to the Colorado Locks as defined in 33 CFR 3.40-
35. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by Hurricane Beryl.
It is categorically excluded from further review under paragraph
L60(a), in 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 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.T08-0006 to read as follows:
Sec. 165.T08-0006 Safety Zone; Captain of the Port Corpus Christi,
TX.
(a) Location. The safety zone will be within the following area:
all navigable waters of the Captain of the Port Zone from the Mexico/US
Border north to the Colorado Locks as defined in 33 CFR 3.40-35
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol officer, 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, Corpus Christi, TX
(COTP), in the enforcement of the safety zone.
(c) Enforcement period. This section will be subject to enforcement
from 2 p.m. on July 6, 2024 to 12 p.m. on Ju1y 15, 2024.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into these temporary safety zones is
prohibited unless
[[Page 57093]]
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.
Dated: July 6, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2024-15282 Filed 7-11-24; 8:45 am]
BILLING CODE 9110-04-P