Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 87789-87791 [2024-25711]
Download as PDF
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
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 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T07–0528 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
§ 100.T07–0528 Red Bull Flugtag Seddon
Channel, Tampa, FL.
(a) Regulated areas. The regulations
in this section apply to the following
areas (all coordinates are based on North
American Datum 1983):
(1) Event area. All navigable waters in
Seddon Channel commencing at
latitude 27°56′27″ N, 082°27′28″ W,
thence to position 27°56′29″ N,
082°27′28″ W, thence to position
27°56′25″ N, 082°27′18″ W, thence to
position 27°56′23″ N, 082°27′19″ W,
thence to the original position.
(2) Spectator area. All navigable
waters in Seddon Channel commencing
at latitude 27°56′25″ N, 082°27′32″ W,
thence to position 27°56′28″ N,
082°27′30″ W, thence to position
27°56′23″ N, 082°27′19″ W, thence to
position 27°56′19″ N, 082°27′23″ W,
thence to position 27°56′12″ N,
082°27′21″ W, thence to position
27°56′12″ N, 082°27′23″ W, thence to
original position.
(3) Enforcement area. All navigable
waters in Seddon Channel commencing
at latitude 27°56′18″ N, 082°27′43″ W,
thence to position 27°56′30″ N,
082°27′33″ W, thence to position
27°56′30″ N, 082°27′29″ W, thence to
position 27°56′25″ N, 082°27′17″ W,
thence to position 27°56′22″ N,
VerDate Sep<11>2014
16:29 Nov 04, 2024
Jkt 265001
082°27′16″ W, thence to position
27°56′18″ N, 082°27′20″ W, thence to
position 27°56′04″ N, 082°27′13″ W,
thence to position 27°56′02″ N,
082°27′19″ W, thence to position
27°56′23″ N, 082°27′32″ W, thence to
position 27°56′17″ N, 082°27′39″ W
thence to the original position.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) St.
Petersburg means the Commander, U.S.
Coast Guard Sector St. Petersburg or any
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the COTP to act on his behalf.
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 COTP in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the event area
described in paragraph (a)(1) of this
section unless authorized by the COTP
or their designated representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area described in
paragraph (a)(3) of this section as
determined by the prevailing
conditions.
(3) To seek permission to enter,
contact the COTP or the COTP’s
representative by contacting the COTP
St. Petersburg by telephone at (866)
881–1392. Those in the regulated area
must comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(4) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 8 p.m.
on November 9, 2024.
Dated: October 30, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2024–25712 Filed 11–4–24; 8:45 am]
BILLING CODE 9110–04–P
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87789
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0975]
RIN 1625–AA87
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary moving security
zones for navigable waters within a 500yard radius of certain vessels carrying
cargo requiring an elevated level of
security in the Corpus Christi Ship
Channel and the La Quinta Channel.
The temporary security zones are
needed to protect the vessels, the cargo,
and the surrounding waterway from
terrorist acts, sabotage, or other
subversive acts, accidents, or events of
a similar nature. Entry of vessels or
persons into these zones are prohibited
unless specifically authorized by the
Captain of the Port, Sector Corpus
Christi or a designated representative.
DATES: For the purposes of enforcement,
actual notice will be used from October
29, 2024, until November 5, 2024. This
rule is effective without actual notice
from November 5, 2024, through
November 10, 2024. It will be subject to
enforcement each day it is in effect, and
when the vessels are loaded and
transiting the channels.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0975 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email Lieutenant Tim Cardenas,
Sector Corpus Christi Waterways
Management Division, U.S. Coast
Guard; telephone 361–939–5130,
emailTim.J.Cardenas@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
E:\FR\FM\05NOR1.SGM
05NOR1
87790
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under the authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ 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. The
Coast Guard was notified October 21,
2024 the need to establish this security
zone by October 29, 2024, to ensure
security of certain vessels and the
surrounding area and lacks sufficient
time to request public comments and
respond to these comments before the
safety zone must be established. As
such, it is impracticable to publish an
NPRM.
Additionally, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be impracticable because prompt
action is needed to provide for the
security of these vessels while they are
in transit and carrying potentially
dangerous cargo in need of elevated
security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing these
security zone regulations under the
authority in 46 U.S.C. 70051 and 70124.
The Captain of the Port, Sector Corpus
Christi (COTP) has determined that
potential hazards are associated with
the transit of the Motor Vessels (M/V)
GLOBAL SEALINE and MOL HESTIA.
There is a security concern within a
500-yard radius of these vessels when
they are loaded. This rule is needed to
provide for the safety and security of
these vessels, their cargo, and the
surrounding waterway from terrorist
acts, sabotage, or other subversive acts,
accidents, or other events of a similar
nature while the vessels are transiting in
a loaded condition.
ddrumheller on DSK120RN23PROD with RULES1
IV. Discussion of the Rule
The Coast Guard is establishing 500yard radius, temporary, moving security
zones around M/V GLOBAL SEALINE
and MOL HESTIA within the navigable
waters of the Corpus Christi Ship
Channel and the La Quinta Channel.
The public will easily be able to identify
these vessels because their names are
VerDate Sep<11>2014
16:29 Nov 04, 2024
Jkt 265001
clearly marked on the port and
starboard bow and the stern of each
vessel. The zones for these vessels will
be effective from October 29, 2024,
through November 10, 2024, to protect
the vessels, their cargo, and the
surrounding waterways from terrorist
acts, sabotage, or other subversive acts,
accidents, or other events of a similar
nature while the vessels are traveling
within the La Quinta Channel and the
Corpus Christi Ship Channel. The zones
will be enforced only during the time
the vessels are transiting the channels.
No vessel or person will be permitted
to enter the security zone without
obtaining permission from the COTP or
a designated representative. 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, USCG Sector Corpus Christi
(COTP) in the enforcement of the
security zone. Persons or vessels
desiring to enter or pass through each
zone must request permission from the
COTP or a designated representative on
VHF–FM channel 16 or by telephone at
361–939–0450. If permission is granted,
all persons and vessels must comply
with the instructions of the COTP or
designated representative. The COTP or
a designated representative will inform
the public through Broadcast Notices to
Mariners (BNMs) and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate for the enforcement times
and dates for the security zone.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule is not subject to
review by the Office of Management and
Budget (OMB).
This regulatory action determination
is based on the size, duration, and
PO 00000
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Fmt 4700
Sfmt 4700
location of the security zone. This rule
will impact a small, designated area of
500-yards around the moving vessels in
the Corpus Christi Ship Channel and La
Quinta Ship Channel as these vessels
transit the channel over a thirteen-day
period. Most vessels will be able to
move around the security zone and
therefore the impediment to the
movement of other vessels will be
minimal. Moreover, the rule allows
other vessels to seek permission to enter
or pass through each zone may request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 361–939–
0450.
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 security 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
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Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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 moving
security zones lasting for the duration of
time that the M/V GLOBAL SEALINE
and MOL HESTIA are within the Corpus
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16:29 Nov 04, 2024
Jkt 265001
Christi Ship Channel and La Quinta
Channel while loaded with cargo. It will
prohibit entry within a 500-yard radius
of the M/V GLOBAL SEALINE and MOL
HESTIA while the vessels are transiting
loaded within Corpus Christi Ship
Channel and La Quinta Channel. It is
categorically excluded from further
review under 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
1. The authority citation for part 165
continues to read as follows:
■
(c) Effective period. This section will
be in effect from October 29, 2024,
through November 10, 2024. This
section will be enforced when any of the
vessels are in the specified channels and
carrying cargo.
(d) Regulations. (1) The general
security zone regulations in subpart D of
this part apply. Entry into the zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
(2) Persons or vessels desiring to enter
or pass through the zones must request
permission from the COTP Sector
Corpus Christi on VHF–FM channel 16
or by telephone at 361–939–0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate of the
enforcement times and dates for this
security zone.
Dated: October 28, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2024–25711 Filed 11–4–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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.
Coast Guard
2. Add § 165.T08–0975 to read as
follows:
[Docket No. USCG–2024–0946]
■
§ 165.T08–0975 Security Zones; Corpus
Christi Ship Channel, Corpus Christi, TX.
(a) Location. All navigable waters
encompassing a 500-yard radius around
the M/V GLOBAL SEALINE and MOL
HESTIA, while the vessels are loaded
and in the Corpus Christi Ship Channel
and the La Quinta Channel.
(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, USCG Sector Corpus Christi
(COTP) in the enforcement of the
security zone.
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87791
33 CFR Part 165
Safety Zone; Firework Display Within
the Sector Columbia River Captain of
the Port Zone
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zone regulations for the City of
Richland Lighted Boat Parade Fireworks
Display on December 6 and 7, 2024, to
provide for the safety of life on
navigable waterways during this
display. Our regulation for safety zones
within the Sector Columbia River
Captain of the Port Zone identifies the
regulated area for this event in
Richland, WA. During the enforcement
period, no person may enter or remain
in the safety zone unless authorized by
SUMMARY:
E:\FR\FM\05NOR1.SGM
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Agencies
[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87789-87791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25711]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0975]
RIN 1625-AA87
Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary moving security
zones for navigable waters within a 500-yard radius of certain vessels
carrying cargo requiring an elevated level of security in the Corpus
Christi Ship Channel and the La Quinta Channel. The temporary security
zones are needed to protect the vessels, the cargo, and the surrounding
waterway from terrorist acts, sabotage, or other subversive acts,
accidents, or events of a similar nature. Entry of vessels or persons
into these zones are prohibited unless specifically authorized by the
Captain of the Port, Sector Corpus Christi or a designated
representative.
DATES: For the purposes of enforcement, actual notice will be used from
October 29, 2024, until November 5, 2024. This rule is effective
without actual notice from November 5, 2024, through November 10, 2024.
It will be subject to enforcement each day it is in effect, and when
the vessels are loaded and transiting the channels.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0975 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Tim Cardenas, Sector Corpus Christi Waterways
Management Division, U.S. Coast Guard; telephone 361-939-5130,
[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
[[Page 87790]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' 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. The Coast Guard was notified October
21, 2024 the need to establish this security zone by October 29, 2024,
to ensure security of certain vessels and the surrounding area and
lacks sufficient time to request public comments and respond to these
comments before the safety zone must be established. As such, it is
impracticable to publish an NPRM.
Additionally, under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Delaying the effective date
of this rule would be impracticable because prompt action is needed to
provide for the security of these vessels while they are in transit and
carrying potentially dangerous cargo in need of elevated security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing these security zone regulations under
the authority in 46 U.S.C. 70051 and 70124. The Captain of the Port,
Sector Corpus Christi (COTP) has determined that potential hazards are
associated with the transit of the Motor Vessels (M/V) GLOBAL SEALINE
and MOL HESTIA. There is a security concern within a 500-yard radius of
these vessels when they are loaded. This rule is needed to provide for
the safety and security of these vessels, their cargo, and the
surrounding waterway from terrorist acts, sabotage, or other subversive
acts, accidents, or other events of a similar nature while the vessels
are transiting in a loaded condition.
IV. Discussion of the Rule
The Coast Guard is establishing 500-yard radius, temporary, moving
security zones around M/V GLOBAL SEALINE and MOL HESTIA within the
navigable waters of the Corpus Christi Ship Channel and the La Quinta
Channel. The public will easily be able to identify these vessels
because their names are clearly marked on the port and starboard bow
and the stern of each vessel. The zones for these vessels will be
effective from October 29, 2024, through November 10, 2024, to protect
the vessels, their cargo, and the surrounding waterways from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature while the vessels are traveling within the La Quinta
Channel and the Corpus Christi Ship Channel. The zones will be enforced
only during the time the vessels are transiting the channels.
No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative. 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, USCG Sector Corpus Christi (COTP) in the
enforcement of the security zone. Persons or vessels desiring to enter
or pass through each zone must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 361-
939-0450. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative. The
COTP or a designated representative will inform the public through
Broadcast Notices to Mariners (BNMs) and/or Marine Safety Information
Bulletins (MSIBs) as appropriate for the enforcement times and dates
for the security zone.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule is not subject to review by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
duration, and location of the security zone. This rule will impact a
small, designated area of 500-yards around the moving vessels in the
Corpus Christi Ship Channel and La Quinta Ship Channel as these vessels
transit the channel over a thirteen-day period. Most vessels will be
able to move around the security zone and therefore the impediment to
the movement of other vessels will be minimal. Moreover, the rule
allows other vessels to seek permission to enter or pass through each
zone may request permission from the COTP or a designated
representative on VHF-FM channel 16 or by telephone at 361-939-0450.
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 security 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
[[Page 87791]]
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 moving
security zones lasting for the duration of time that the M/V GLOBAL
SEALINE and MOL HESTIA are within the Corpus Christi Ship Channel and
La Quinta Channel while loaded with cargo. It will prohibit entry
within a 500-yard radius of the M/V GLOBAL SEALINE and MOL HESTIA while
the vessels are transiting loaded within Corpus Christi Ship Channel
and La Quinta Channel. It is categorically excluded from further review
under 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.T08-0975 to read as follows:
Sec. 165.T08-0975 Security Zones; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. All navigable waters encompassing a 500-yard radius
around the M/V GLOBAL SEALINE and MOL HESTIA, while the vessels are
loaded and in the Corpus Christi Ship Channel and the La Quinta
Channel.
(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, USCG Sector Corpus Christi (COTP) in
the enforcement of the security zone.
(c) Effective period. This section will be in effect from October
29, 2024, through November 10, 2024. This section will be enforced when
any of the vessels are in the specified channels and carrying cargo.
(d) Regulations. (1) The general security zone regulations in
subpart D of this part apply. Entry into the zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a
designated representative.
(2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at 361-939-0450.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
this security zone.
Dated: October 28, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25711 Filed 11-4-24; 8:45 am]
BILLING CODE 9110-04-P