Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 88137-88139 [2024-25891]

Download as PDF Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–1002] 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 a temporary moving security zone for navigable waters within a 500-yard radius of a certain vessel carrying cargo requiring an elevated level of security in the Corpus Christi Ship Channel and the La Quinta Channel. The temporary security zone is needed to protect the vessel, 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 this zone is 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 November 4, 2024, until November 7, 2024. This rule is effective without actual notice from November 7, 2024 until November 14, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 1002 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 Timothy.J.Cardenas@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 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 under the authority in 5 VerDate Sep<11>2014 15:55 Nov 06, 2024 Jkt 265001 U.S.C. 553(b)(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. The Coast Guard was notified of this vessel’s transit and cargo on October 28, 2024. There is insufficient time to publish an NPRM before this operation because the security zone must be established by November 4, 2024, to ensure security of this vessel and the surrounding area and there is insufficient time to provide a reasonable comment period and to consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because quick action is needed to provide for the security of this vessel and its surroundings while it is in transit. III. Legal Authority and Need for Rule The Coast Guard is issuing this security zone regulation 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 Vessel (M/V) ADAMASTOS. There is a security concern within a 500-yard radius of the vessel when it is loaded and when it is transiting while loaded. This rule is needed to provide for the safety and security of the vessel, its cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature while the vessel is transiting within Corpus Christi, TX. IV. Discussion of the Rule The Coast Guard is establishing a 500yard radius, temporary, moving security zone around M/V ADAMASTOS. Other mariners and vessels will be able to identify the security zone because of the M/V ADAMASTOS’s name clearly marked on its stern, and port and starboard sides. The zone for the vessel will be effective from November 4, 2024, through November 14, 2024, and will be enforced when the vessel is cargo loaded and transiting the Corpus Christi Ship Channel and La Quinta Ship Channel to protect the vessel, its cargo, PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 88137 and the surrounding waterways from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature while the vessel is traveling within the La Quinta Ship Channels and Corpus Christi Ship 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 and 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 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 vessel in the Corpus Christi Ship Channel and La Quinta Ship Channel as the vessel transits these channels over a period of approximately six hours or less. Most E:\FR\FM\07NOR1.SGM 07NOR1 88138 Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations 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 the zone. 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 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 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). VerDate Sep<11>2014 15:55 Nov 06, 2024 Jkt 265001 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 a moving security zone lasting for the duration of time that the M/V ADAMASTOS is 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 ADAMASTOS while the PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 vessel is transiting loaded within Corpus Christi Ship Channel and La Quinta Ship 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: ■ 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.T08–1002 to read as follows: ■ § 165.T08–1002 Security Zones; Corpus Christi Ship Channel. Corpus Christi, TX. (a) Location. The following area is a moving security zone: All navigable waters encompassing a 500-yard radius around the M/V ADAMASTOS while the vessel loaded with cargo and is in the Corpus Christi Ship Channel and the La Quinta Ship Channel. (b) Enforcement period. This section will be enforced during the time the ship is loaded and underway. (c) Regulations. (1) The general security zone regulations in subpart D of this part, you may not enter the security zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. A designated representative is 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 E:\FR\FM\07NOR1.SGM 07NOR1 Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations Captain of the Port, USCG Sector Corpus Christi (COTP) in the enforcement of the security zone. (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 must comply with all lawful orders and directions of the COTP or the COTP’s designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs) and Marine Safety Information Bulletins (MSIBs) of the enforcement times and dates for this security zone. Dated: November 1, 2024. T.H. Bertheau, Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi. [FR Doc. 2024–25891 Filed 11–6–24; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2023–0187; FRL–11554– 02–R1] Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Regional Haze State Implementation Plan for the Second Implementation Period Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 15:55 Nov 06, 2024 Jkt 265001 This rule is effective December 9, 2024. EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2023–0187. All documents in the docket are listed on the https:// www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https:// www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID–19. FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square—Suite 100, (Mail code 5–MI), Boston, MA 02109—3912, tel. (617) 918–1628, email rackauskas.eric@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. ADDRESSES: Table of Contents The Environmental Protection Agency (EPA) is approving the regional haze state implementation plan (SIP) revision submitted by New Hampshire on May 5, 2022, as satisfying applicable requirements under the Clean Air Act (CAA) and EPA’s Regional Haze Rule for the program’s second implementation period. New Hampshire’s SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. EPA is taking this action pursuant to sections 110 and 169A of the Clean Air Act. SUMMARY: DATES: I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On May 5, 2022, supplemented on September 21, 2023,1 the New Hampshire Department of Environmental Services (NHDES) submitted a revision to its SIP to address regional haze for the second implementation period. NHDES made this SIP submission to satisfy the requirements of the CAA’s regional haze program pursuant to CAA sections 169A and 169B and 40 CFR 51.308. This submission included an updated version of Env-A 2300, Mitigation of Regional Haze. 1 New Hampshire included a corrected Appendix W in a supplemental submission on September 21, 2023. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 88139 On November 20, 2023, EPA published a Notice of Proposed Rulemaking (NPRM) in which EPA proposed to approve New Hampshire’s May 5, 2022, SIP submission (supplemented on September 21, 2023) as satisfying the regional haze requirements for the second implementation period contained in the CAA and 40 CFR 51.308. EPA is now determining that the New Hampshire regional haze SIP submission for the second implementation period meets the applicable statutory and regulatory requirements and is thus approving New Hampshire’s submission into its SIP. Other specific requirements of the New Hampshire submittal and the rationale for EPA’s proposed action are explained in the NPRM and will not be restated here. II. Response to Comments In response to the NPRM, EPA received four sets of comments, including a comment letter signed by the National Parks Conservation Association, the Sierra Club, the Appalachian Mountain Club, and the Coalition to Protect America’s National Parks (collectively, the ‘‘Conservation Groups’’ or the ‘‘Groups’’), an anonymous comment, a comment letter from the Mid-Atlantic/Northeast Visibility Union (MANEVU), and a comment letter from the North Carolina Department of Environmental Quality’s Division of Air Quality. Below, EPA summarizes significant comments and provides responses. The verbatim comments may be viewed under Docket ID Number EPA–R01–OAR–2023–0187 on the https://www.regulations.gov website. Comment 1: The Conservation Groups comment that EPA improperly relied on the fact that the Class I areas impacted by New Hampshire sources are below their respective Uniform Rate of Progress (URP) glidepaths to allow New Hampshire to avoid a ‘‘rigorous analysis,’’ and that EPA allows New Hampshire to use being below the URP as a ‘‘safe harbor’’ to avoid Regional Haze and Clean Air Act requirements. Response 1: The comment appears to conflate two issues regarding rule requirements related to the URP glidepath. EPA has said that a Class I area’s position below the URP glidepath is not a safe harbor—that is, being below the glidepath cannot be a basis for justifying a particular set of controls or decision not to require any controls. EPA did not ‘‘rely on the fact that the Class I areas impacted by New Hampshire sources are below their respective URP glidepaths’’ or consider E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Rules and Regulations]
[Pages 88137-88139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25891]



[[Page 88137]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-1002]
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 a temporary moving security 
zone for navigable waters within a 500-yard radius of a certain vessel 
carrying cargo requiring an elevated level of security in the Corpus 
Christi Ship Channel and the La Quinta Channel. The temporary security 
zone is needed to protect the vessel, 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 this zone is 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 
November 4, 2024, until November 7, 2024. This rule is effective 
without actual notice from November 7, 2024 until November 14, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1002 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 
[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 under the authority 
in 5 U.S.C. 553(b)(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. The Coast Guard was notified of this 
vessel's transit and cargo on October 28, 2024. There is insufficient 
time to publish an NPRM before this operation because the security zone 
must be established by November 4, 2024, to ensure security of this 
vessel and the surrounding area and there is insufficient time to 
provide a reasonable comment period and to consider those comments 
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because quick action 
is needed to provide for the security of this vessel and its 
surroundings while it is in transit.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this security zone regulation 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 Vessel (M/V) ADAMASTOS. There 
is a security concern within a 500-yard radius of the vessel when it is 
loaded and when it is transiting while loaded. This rule is needed to 
provide for the safety and security of the vessel, its cargo, and the 
surrounding waterway from terrorist acts, sabotage, or other subversive 
acts, accidents, or other events of a similar nature while the vessel 
is transiting within Corpus Christi, TX.

IV. Discussion of the Rule

    The Coast Guard is establishing a 500-yard radius, temporary, 
moving security zone around M/V ADAMASTOS. Other mariners and vessels 
will be able to identify the security zone because of the M/V 
ADAMASTOS's name clearly marked on its stern, and port and starboard 
sides. The zone for the vessel will be effective from November 4, 2024, 
through November 14, 2024, and will be enforced when the vessel is 
cargo loaded and transiting the Corpus Christi Ship Channel and La 
Quinta Ship Channel to protect the vessel, its cargo, and the 
surrounding waterways from terrorist acts, sabotage, or other 
subversive acts, accidents, or other events of a similar nature while 
the vessel is traveling within the La Quinta Ship Channels and Corpus 
Christi Ship 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 and 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 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 vessel in the 
Corpus Christi Ship Channel and La Quinta Ship Channel as the vessel 
transits these channels over a period of approximately six hours or 
less. Most

[[Page 88138]]

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 the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary 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 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 a moving security zone lasting for the 
duration of time that the M/V ADAMASTOS is 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 ADAMASTOS while the 
vessel is transiting loaded within Corpus Christi Ship Channel and La 
Quinta Ship 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.T08-1002 to read as follows:


Sec.  165.T08-1002   Security Zones; Corpus Christi Ship Channel. 
Corpus Christi, TX.

    (a) Location. The following area is a moving security zone: All 
navigable waters encompassing a 500-yard radius around the M/V 
ADAMASTOS while the vessel loaded with cargo and is in the Corpus 
Christi Ship Channel and the La Quinta Ship Channel.
    (b) Enforcement period. This section will be enforced during the 
time the ship is loaded and underway.
    (c) Regulations. (1) The general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. A designated representative is 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

[[Page 88139]]

Captain of the Port, USCG Sector Corpus Christi (COTP) in the 
enforcement of the security zone.
    (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 must comply 
with all lawful orders and directions of the COTP or the COTP's 
designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs) and 
Marine Safety Information Bulletins (MSIBs) of the enforcement times 
and dates for this security zone.

    Dated: November 1, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25891 Filed 11-6-24; 8:45 am]
BILLING CODE 9110-04-P

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