Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 96533-96535 [2024-28477]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–1058]
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 certain
vessels 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 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 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 December 5, 2024
until December 16, 2024. For the
purposes of enforcement, actual notice
will be used from December 1, 2024,
until December 5, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
1058 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:
khammond on DSK9W7S144PROD with RULES
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
15:50 Dec 04, 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 these vessels’ transit and
cargo on November 22, 2024. There is
insufficient time to publish an NPRM
before this operation because the
security zone must be established by
December 1, 2024, to ensure security of
the vessels 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 Vessels (M/V)
CLEAN FUTURE and HELLAS DIANA.
There is a security concern within a
500-yard radius of these vessels when
they are loaded and are transiting while
loaded. This rule is needed to provide
for the safety and security of the 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 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/Vs CLEAN FUTURE and
HELLAS DIANA. Other mariners and
vessels will be able to identify the
security zone because of the M/Vs
CLEAN FUTURE and HELLAS DIANA’s
names clearly marked on their stern,
and port and starboard sides. The zone
for the vessels will be effective from
December 1, 2024, through December
16, 2024, and will be enforced when the
vessels are cargo loaded and transiting
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
96533
the Corpus Christi Ship Channel and La
Quinta Ship Channel 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 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
E:\FR\FM\05DER1.SGM
05DER1
96534
Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations
transits these channels over a period of
approximately four hours or less. 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 the zone.
khammond on DSK9W7S144PROD with RULES
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
15:50 Dec 04, 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 CLEAN
FUTURE and HELLAS DIANA 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 CLEAN
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
FUTURE and HELLAS DIANA 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
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.T08–1058 to read as
follows:
■
§ 165.T08–1058 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 CLEAN FUTURE and
HELLAS DIANA 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 times each
ship is loaded and underway.
(c) Regulations. (1) Under 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
E:\FR\FM\05DER1.SGM
05DER1
Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations
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.
(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 29, 2024.
J.J. Andrew,
Captain, U.S. Coast Guard, Captain of the
Port (Acting), Sector Corpus Christi.
[FR Doc. 2024–28477 Filed 12–4–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 1 and 14
[NPS–WASO–PPFL–38951; Docket No.
NPS–2024–0004; PPWOPPFLL0;
PPMPSPD1Y.YM0000]
Background
RIN 1024–AE75
The National Park System includes
any area of land or water administered
by the NPS. 54 U.S.C. 100501. The
mission of the NPS is to preserve
unimpaired the natural and cultural
resources and values of the National
Park System for the enjoyment of this
and future generations. 54 U.S.C.
100101. Since it was created in 1916,
the National Park System has expanded
to 431 units covering more than 85
million acres in all 50 states, the District
of Columbia, and U.S. territories. A
general statutory authority, codified at
54 U.S.C. 100902, allows the Secretary
of the Interior, acting through the NPS,
to issue ROW permits for public utilities
and communication facilities within
System units. Specifically, this
authority authorizes the NPS to issue
ROW permits for:
• electrical plants, poles, and lines for
the generation, transmission, and
distribution of electrical power;
Legal Authority for ROWs
Rights of Way
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
(NPS) revises regulations governing the
application, processing, and issuance of
right-of-way (ROW) permits for lands
and waters administered by the NPS. A
ROW permit authorizes the use of such
lands and waters for the operation and
maintenance of infrastructure associated
with utilities such as fiber, water lines,
power lines, and cellular antennas. The
revisions align NPS processes more
closely with those of other Department
of the Interior (DOI) bureaus by allowing
for a pre-application meeting,
identifying a common standard
application form, and broadening
methods the NPS can use to determine
fair market value. This rule clarifies the
SUMMARY:
khammond on DSK9W7S144PROD with RULES
process for permitting construction
related to a ROW permit, makes updates
that reflect current technology and
standard practices, and integrates
applicable laws that have been
implemented since the regulations were
first promulgated in 1980.
DATES: This rule is effective January 6,
2025.
ADDRESSES: The comments received on
the proposed rule are available on
https://www.regulations.gov in Docket
No. NPS–2024–0004.
FOR FURTHER INFORMATION CONTACT:
Kevin McKay, Branch Chief, Realty
Management, National Park Service,
Land Resources Division. Phone: (303)
978–6760; email: Kevin_McKay@
nps.gov. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States. In
compliance with the Providing
Accountability Through Transparency
Act of 2023, the plain language
summary of this rule is available on
https://www.regulations.gov in the
docket for this rulemaking.
SUPPLEMENTARY INFORMATION:
• telephone and telegraph purposes;
• canals, ditches, pipes and pipe
lines, flumes, tunnels, or other water
conduits and water plants, dams, and
reservoirs used to promote irrigation or
mining or quarrying, or the
manufacturing or cutting of timber or
lumber, or the supplying of water for
domestic, public, or any other beneficial
uses;
• poles and lines for communication
purposes; and
• radio, television, and other forms of
communication transmitting, relay, and
receiving structures and facilities.
The NPS may not issue a ROW permit
for any purpose that is not identified in
54 U.S.C. 100902, unless the NPS is
separately authorized to do so by law,
such as through the Alaska National
Interest Lands Conservation Act
(ANILCA) or legislation specific to a
System unit. In limited circumstances
such as where authorized by legislation
specific to a System unit, or where
exclusively serving NPS facilities or
authorized concessioner facilities, the
NPS may issue ROW permits to utilities
for the operation and maintenance of
petroleum product pipelines.
Under the general authority in 54
U.S.C. 100902, a ROW shall be allowed
within a National Park System unit only
on the approval of the Secretary, acting
through the NPS. The NPS may issue a
ROW permit only on a finding that the
ROW is not incompatible with the
public interest. The statute establishes
duration and size limits for ROWs and
authorizes the NPS to revoke ROW
permits. The Secretary, acting through
the NPS, is authorized to implement the
statute through regulations.
Before 1980, the NPS managed ROW
permits under Bureau of Land
Management (BLM) regulations at 43
CFR 2800. Those regulations no longer
applied to System units after BLM
revised them in 1980. That same year,
the NPS promulgated its own
regulations (45 FR 47092) that matched
the provisions of 43 CFR 2800, with
some editorial changes. The NPS
regulations are codified at 36 CFR part
14 and have not been revised since,
except for minor changes in 1995 (60 FR
55789 at 55791) and 2018 (83 FR 2069).
The NPS regulations are organized into
eight subparts, with an Appendix, as
follows:
Subpart of 36 CFR part 14
Sections
Subpart A—Rights-of-Way: General .............................................................................................................................................
Subpart B—Nature of Interest .......................................................................................................................................................
VerDate Sep<11>2014
15:50 Dec 04, 2024
Jkt 265001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
96535
E:\FR\FM\05DER1.SGM
05DER1
14.1–14.2
14.5–14.10
]]>Agencies
[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Rules and Regulations]
[Pages 96533-96535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28477]
[[Page 96533]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1058]
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 certain vessels
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 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 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 December 5,
2024 until December 16, 2024. For the purposes of enforcement, actual
notice will be used from December 1, 2024, until December 5, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1058 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 these
vessels' transit and cargo on November 22, 2024. There is insufficient
time to publish an NPRM before this operation because the security zone
must be established by December 1, 2024, to ensure security of the
vessels 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 Vessels (M/V) CLEAN FUTURE and
HELLAS DIANA. There is a security concern within a 500-yard radius of
these vessels when they are loaded and are transiting while loaded.
This rule is needed to provide for the safety and security of the
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 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/Vs CLEAN FUTURE and HELLAS DIANA. Other
mariners and vessels will be able to identify the security zone because
of the M/Vs CLEAN FUTURE and HELLAS DIANA's names clearly marked on
their stern, and port and starboard sides. The zone for the vessels
will be effective from December 1, 2024, through December 16, 2024, and
will be enforced when the vessels are cargo loaded and transiting the
Corpus Christi Ship Channel and La Quinta Ship Channel 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 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
[[Page 96534]]
transits these channels over a period of approximately four hours or
less. 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 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 CLEAN FUTURE and HELLAS DIANA 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 CLEAN
FUTURE and HELLAS DIANA 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.T08-1058 to read as follows:
Sec. 165.T08-1058 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 CLEAN
FUTURE and HELLAS DIANA 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
times each ship is loaded and underway.
(c) Regulations. (1) Under 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
[[Page 96535]]
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.
(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 29, 2024.
J.J. Andrew,
Captain, U.S. Coast Guard, Captain of the Port (Acting), Sector Corpus
Christi.
[FR Doc. 2024-28477 Filed 12-4-24; 8:45 am]
BILLING CODE 9110-04-P
