Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 79144-79146 [2024-22121]
Download as PDF
<![CDATA[
79144
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
mile segments for up to six (6) hours on
each instance of enforcement, from
September 23, 2024, through November
30, 2024, on the Monongahela River,
Allegheny River, or Ohio River, during
an important dignitary visit. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the security or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0868 to read as
follows:
■
BILLING CODE 9110–04–P
lotter on DSK11XQN23PROD with RULES1
(a) Location. The following areas are
security zones:
(1) Security Zone One will cover all
navigable waters on the Monongahela
River Mile Markers 0–43.5.
(2) Security Zone Two will cover all
navigable waters on the Allegheny River
Mile Markers 0–14.5.
(3) Security Zone Three will cover all
navigable waters on the Ohio River Mile
Markers 0–28.5.
(4) Security Zone Four will cover all
navigable waters on the Ohio River Mile
Marker 89–93.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard commissioned,
warrant, or petty officer who has been
15:52 Sep 26, 2024
Jkt 262001
Dated: September 23, 2024
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of
the Port, MSU Pittsburgh.
[FR Doc. 2024–22106 Filed 9–26–24; 8:45 am]
§ 165.T08–0868 Security Zone;
Monongahela River, Allegheny River, and
Ohio River, Pittsburgh, PA.
VerDate Sep<11>2014
authorized by the COTP to enforce this
security zone described in paragraph (a)
of this section.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter or remain
in the security zones described in
paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative on Channel 16. The
COTP’s representative may be contacted
at 206–815–6624. Those in the security
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(3) The U.S. Coast Guard may secure
the entirety of all or each security zones
if deemed necessary to address security
threats or concerns.
(d) Enforcement period. (1) The Coast
Guard activates the security zones when
requested by the U.S. Secret Service for
the protection of individuals who
qualify for their protection. The COTP
will provide the public with notice of
enforcement of security zone by
Broadcast Notice to Mariners (BNM).
This section will be enforced in one (1)
mile segments for up to six (6) hours in
each instance of enforcement from
September 23, 2024, through November
30, 2024. The Coast Guard will provide
local notice of each instance of
enforcement of the temporary security
zone.
(2) These security zones may be
enforced individually or
simultaneously.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0872]
RIN 1625–AA00
Safety Zone; Corpus Christi Ship
Channel, 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 Corpus
Christi Ship Channel. The safety zone is
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the removal
of pipeline from the floor of the Corpus
Christi Ship Channel near gated pair
lights 31 and 32. 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 September 27, 2024,
through October 31, 2024. For the
purposes of enforcement, actual notice
will be used from September 23, 2024,
until September 27, 2024. It will be
subject to enforcement each day it is in
effect, between the hours of 9 p.m. to 3
a.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0872 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 Lieutenant Timothy Cardenas,
Sector Corpus Christi Waterways
Management Division, U.S. Coast
Guard; telephone 361–939–5130, email
Timothy.J.Cardenas@uscg.mil.
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
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 rule is intended to
protect personnel, vessels, and the
marine environment from potential
hazards associated with removal of the
pipeline, include the deployment of
heavy equipment which will obstruct
vessel traffic, continuous diving
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
operations, and various other activities
which create underwater hazards while
people are working. There is insufficient
time to publish an NPRM because the
safety zone must be established by
September 23, 2024.
In addition, the Coast Guard finds that
good cause 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 by September 23, 2024,
when pipeline removal operations
begin.
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
hazards inherent in underwater pipeline
removal activities necessitate provisions
to protect personnel, vessels, and the
marine environment while those
activities are taking place. The activities
giving rise to these hazards include the
deployment of heavy equipment which
will obstruct vessel traffic, continuous
diving operations, and various other
activities which create underwater
hazards while people are working.
lotter on DSK11XQN23PROD with RULES1
IV. Discussion of the Rule
This rule establishes a safety zone
from September 23, 2024, through
October 31, 2024. The rule is subject to
enforcement from 9 p.m. to 3 a.m. each
day it is in effect. The safety zone will
cover all navigable waters in the Corpus
Christi Ship Channel near gated pair
lights 31 and 32, near pipeline removal
operations. 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
VerDate Sep<11>2014
15:52 Sep 26, 2024
Jkt 262001
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 safety
zone covers less than 0.5 square mile
area of the Corpus Christi Ship Channel
in Texas. The temporary safety zone
will be subject to enforcement for a
period of six consecutive hours each
day of the period, from September 23,
2024, to October 31, 2024.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
79145
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f) and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a temporary safety
E:\FR\FM\27SER1.SGM
27SER1
79146
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
zone for navigable waters in the Corpus
Christi Bay lasting 6 hours per day for
36 days. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by pipeline removal
activities that may include deployment
of heavy equipment which will obstruct
vessel traffic, continuous diver’s
operations, and various other activities
which create underwater hazards while
people are working. 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:
(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, Port
Arthur, TX (COTP), in the enforcement
of the safety zone.
(c) Enforcement period. This section
will be subject to enforcement from 9
p.m. to 3 a.m. each day in the period,
from September 23, 2024, through
October 31, 2024.
(d) Regulations. (1) In accordance
with the general safety zone regulations
in subpart C of this part, entry into the
temporary safety zones described in
paragraph (a) of this section 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.
Dated: September 23, 2024
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
PART 165–REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2024–22121 Filed 9–26–24; 8:45 am]
BILLING CODE 9110–04–P
■
DEPARTMENT OF EDUCATION
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.
lotter on DSK11XQN23PROD with RULES1
§ 165.T08–0872 Safety Zone; Corpus
Christi Ship Channel, Corpus Christi, TX.
(a) Location. The safety zone will be
within the following area: All navigable
waters of the Corpus Christi Ship
Channel, from the surface to bottom,
encompassed by a line connecting the
following points beginning at Point 1:
27°49′18.48″ N, 97°11′15.87″ W, thence
to Point 2: 27°49′6.33″ N, 97°11′13.00″
W, thence to Point 3: 27°49′19.49″ N,
97°11′10.42″ W, thence to Point 4:
27°49′7.35″ N, 97°11′7.55″ W. These
coordinates are based on World
Geodetic System (WGS) 84.
15:52 Sep 26, 2024
Jkt 262001
[Docket ID ED–2023–OPEPD–0110]
RIN 1875–AA14
2. Add § 165.T08–0872 to read as
follows:
■
VerDate Sep<11>2014
34 CFR Parts 75, 76, and 79
Education Department General
Administrative Regulations and
Related Regulatory Provisions;
Correction
Office of Planning, Evaluation
and Policy Development, Department of
Education.
ACTION: Final regulations; correction.
AGENCY:
On August 29, 2024, the
Department of Education (Department)
published in the Federal Register final
regulations amending the Education
Department General Administrative
Regulations and related regulatory
provisions. This document corrects
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
technical errors in the amendatory
instructions and regulatory text. This
document does not contain any
substantive changes to the regulations.
DATES: Effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Kelly Terpak, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 4C212, Washington, DC 20202.
Telephone: (202) 245–6776. Email:
EDGAR@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION: On August
29, 2024, the Department published in
the Federal Register final regulations
amending the Education Department
General Administrative Regulations and
related regulatory provisions (89 FR
70300). Those final regulations contain
technical errors, which we are
correcting. This document does not
contain any substantive changes to the
regulations.
Specifically, we are correcting:
• The wording of the regulatory text
being replaced in § 75.50;
• Section 75.210 by restoring a
selection criterion factor from the
current regulation which was
inadvertently omitted from the revisions
to that section;
• One paragraph designation in
§ 75.225;
• Punctuation in the section heading
for § 75.591 to maintain the format of
the current heading;
• The wording of the regulatory text
being replaced in the amendatory
instruction for § 76.100;
• The section number in the
amendatory instruction for § 76.564;
• A reference to Catalog of Federal
Domestic Assistance, or ‘‘CFDA
number,’’ in § 76.711, and making a
related conforming edit to replace that
term with Assistance Listing Number, or
‘‘ALN’’;
• The instruction for § 76.783, to
remove only one instance of the word
‘‘or’’; and
• A typo in the instruction for § 79.4.
Waiver of Proposed Rulemaking and
Delayed Effective Date
In accordance with the
Administrative Procedure Act (APA), 5
U.S.C. 553, the Department generally
offers interested parties the opportunity
to comment on proposed regulations.
However, the APA provides that an
agency is not required to conduct
notice-and-comment rulemaking when
the agency, for good cause, finds that
notice and public comment thereon are
impracticable, unnecessary, or contrary
E:\FR\FM\27SER1.SGM
27SER1
]]>Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79144-79146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22121]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0872]
RIN 1625-AA00
Safety Zone; Corpus Christi Ship Channel, 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 Corpus Christi Ship Channel. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the removal of pipeline
from the floor of the Corpus Christi Ship Channel near gated pair
lights 31 and 32. 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 September 27,
2024, through October 31, 2024. For the purposes of enforcement, actual
notice will be used from September 23, 2024, until September 27, 2024.
It will be subject to enforcement each day it is in effect, between the
hours of 9 p.m. to 3 a.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0872 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 Lieutenant Timothy Cardenas, 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 rule is
intended to protect personnel, vessels, and the marine environment from
potential hazards associated with removal of the pipeline, include the
deployment of heavy equipment which will obstruct vessel traffic,
continuous diving
[[Page 79145]]
operations, and various other activities which create underwater
hazards while people are working. There is insufficient time to publish
an NPRM because the safety zone must be established by September 23,
2024.
In addition, the Coast Guard finds that good cause 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 by September 23, 2024, when pipeline removal operations begin.
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 hazards inherent in underwater pipeline removal
activities necessitate provisions to protect personnel, vessels, and
the marine environment while those activities are taking place. The
activities giving rise to these hazards include the deployment of heavy
equipment which will obstruct vessel traffic, continuous diving
operations, and various other activities which create underwater
hazards while people are working.
IV. Discussion of the Rule
This rule establishes a safety zone from September 23, 2024,
through October 31, 2024. The rule is subject to enforcement from 9
p.m. to 3 a.m. each day it is in effect. The safety zone will cover all
navigable waters in the Corpus Christi Ship Channel near gated pair
lights 31 and 32, near pipeline removal operations. 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 zone. The safety zone covers less
than 0.5 square mile area of the Corpus Christi Ship Channel in Texas.
The temporary safety zone will be subject to enforcement for a period
of six consecutive hours each day of the period, from September 23,
2024, to October 31, 2024.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f) and have determined that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishment of a temporary safety
[[Page 79146]]
zone for navigable waters in the Corpus Christi Bay lasting 6 hours per
day for 36 days. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
pipeline removal activities that may include deployment of heavy
equipment which will obstruct vessel traffic, continuous diver's
operations, and various other activities which create underwater
hazards while people are working. 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.T08-0872 to read as follows:
Sec. 165.T08-0872 Safety Zone; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. The safety zone will be within the following area:
All navigable waters of the Corpus Christi Ship Channel, from the
surface to bottom, encompassed by a line connecting the following
points beginning at Point 1: 27[deg]49'18.48'' N, 97[deg]11'15.87'' W,
thence to Point 2: 27[deg]49'6.33'' N, 97[deg]11'13.00'' W, thence to
Point 3: 27[deg]49'19.49'' N, 97[deg]11'10.42'' W, thence to Point 4:
27[deg]49'7.35'' N, 97[deg]11'7.55'' W. These coordinates are based on
World Geodetic System (WGS) 84.
(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, Port Arthur, TX
(COTP), in the enforcement of the safety zone.
(c) Enforcement period. This section will be subject to enforcement
from 9 p.m. to 3 a.m. each day in the period, from September 23, 2024,
through October 31, 2024.
(d) Regulations. (1) In accordance with the general safety zone
regulations in subpart C of this part, entry into the temporary safety
zones described in paragraph (a) of this section 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.
Dated: September 23, 2024
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-22121 Filed 9-26-24; 8:45 am]
BILLING CODE 9110-04-P
