Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 104882-104884 [2024-30547]
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104882
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations
not be connected to the monolithic
frame by a single roofline, and shall
comply with § 1304.204(p).
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
5. Amend § 1304.103 by:
a. Revising paragraph (a);
b. Revising paragraph (d); and
c. Removing paragraph (e).
The revisions read as follows:
33 CFR Part 165
[Docket Number USCG–2024–1078]
RIN 1625–AA87
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
ddrumheller on DSK120RN23PROD with RULES1
§ 1304.103 Health, safety, and
environmental standards.
Michael McCall,
Vice President, Environment and
Sustainability.
[FR Doc. 2024–30420 Filed 12–23–24; 8:45 am]
BILLING CODE 8120–08–P
VerDate Sep<11>2014
16:29 Dec 23, 2024
Coast Guard, DHS.
Temporary final rule.
AGENCY:
(a) Wastewater. Floating cabins shall
comply with § 1304.2(d) with regard to
discharges into navigable waters of the
United States. All discharges, sewage,
and wastewater, and the pumping,
collection, storage, transport, and
treatment of sewage and wastewater
shall be managed in accordance with all
applicable federal, state, and local laws
and regulations (satisfactory evidence of
compliance to be provided to TVA upon
request). Upon receipt of documentation
that a floating cabin is in violation of
any federal, state, or local discharge or
water quality regulation by the
respective regulatory agency or upon
failure to provide satisfactory evidence
of compliance at TVA’s request, TVA is
authorized to revoke the permit and
require removal of the floating cabin
from the Tennessee River System if the
violation is not corrected as specified by
the regulatory agency in accordance
with the agency’s requirements or if
satisfactory evidence of compliance is
not provided to TVA.
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(d) Electrical. Floating cabins shall
comply with all applicable federal,
state, and local laws and regulations
regarding electrical wiring and
equipment (satisfactory evidence of
compliance to be provided to TVA upon
request). Upon receipt of documentation
that a floating cabin is in violation of
any federal, state, or local electrical
standard or regulation by the respective
regulatory agency or upon failure to
provide satisfactory evidence of
compliance at TVA’s request, TVA is
authorized to revoke the permit and
require removal of the floating cabin
from the Tennessee River System if the
violation is not corrected as specified by
the regulatory agency in accordance
with the agency’s requirements or if
satisfactory evidence of compliance is
not provided to TVA. Floating cabins
shall comply with § 1304.209(c)(2).
Jkt 265001
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. 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: For the purposes of enforcement,
actual notice will be used from
December 20, 2024, until December 26,
2024. This rule is effective without
actual notice from December 26, 2024
until December 27, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
1078 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,
emailTimothy.J.Cardenas@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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Fmt 4700
Sfmt 4700
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 December 12, 2024. There is
insufficient time to publish an NPRM
before this operation because the
security zone must be established by
December 20, 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 Vessel (M/V)
ARC INDEPENDENCE. There is a
security concern within a 500-yard
radius of the vessel when it’s loaded
and 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 ARC
INDEPENDENCE. Other mariners and
vessels will be able to identify the
security zone because the M/V ARC
INDEPENDENCE’s name is clearly
marked on its stern, and port and
starboard sides. The zone for the vessel
will be effective from December 20,
2024, through December 27, 2024, and
will be enforced when the vessel is
loaded and transiting the Corpus Christi
Ship Channel. The security zone will be
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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations
enforced 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 Corpus
Christi Ship Channel.
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.
ddrumheller on DSK120RN23PROD with RULES1
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 as the
vessel transits the channel over a period
of approximately four hours or less.
Most vessels will be able to move
VerDate Sep<11>2014
16:29 Dec 23, 2024
Jkt 265001
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).
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104883
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 ARC
INDEPENDENCE is within the Corpus
Christi Ship Channel while loaded with
cargo. It will prohibit entry within a
500-yard radius of the M/V ARC
INDEPENDENCE while the vessel is
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104884
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations
transiting loaded within Corpus Christi
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
BILLING CODE 9110–04–P
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 either through https://
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Alexis
Bender, at (312) 886–9497,
bender.alexis@epa.gov before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Alexis Bender, Air and Radiation
Division (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–9497, bender.alexis@
epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Dated: December 17, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2024–30547 Filed 12–23–24; 8:45 am]
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:
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–R05–OAR–2020–0385; FRL–12224–
02–R5]
1. The authority citation for part 165
continues to read as follows:
Determination of Attainment by the
Attainment Date; Michigan; St. Clair
2010 Sulfur Dioxide Nonattainment
Area
■
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.T08–1078 to read as
follows:
■
(a) Location. The following area is a
moving security zone: All navigable
waters encompassing a 500-yard radius
around the M/V ARC INDEPENDENCE
while the vessel loaded with cargo and
is in the Corpus Christi Ship Channel.
(b) Enforcement period. This section
will be enforced during the times the
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
vessel and a Federal, State, and local
officer designated by or assisting the
Captain of the Port, USCG Sector Corpus
VerDate Sep<11>2014
16:29 Dec 23, 2024
Jkt 265001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a final
determination that the St. Clair, MI
sulfur dioxide (SO2) nonattainment area
attained the 2010 SO2 national ambient
air quality standard (NAAQS) by the
date of September 12, 2021, addressing
EPA’s obligation under the Clean Air
Act (CAA) to determine whether the
area attained the 2010 SO2 NAAQS
attainment date. EPA proposed this
action on September 26, 2024, and
received no comments.
DATES: This final rule is effective on
January 27, 2025.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0385. 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., Confidential Business
Information (CBI), Proprietary Business
Information (PBI), or other information
SUMMARY:
§ 165.T08–1078 Security Zones; Corpus
Christi Ship Channel. Corpus Christi, TX.
ddrumheller on DSK120RN23PROD with RULES1
Christi (COTP) in the enforcement of the
security zone.
(2) Persons or vessels desiring to enter
or pass through the zone 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.
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I. Background
On September 26, 2024 (89 FR 78837),
EPA proposed to determine that the St.
Clair, MI SO2 nonattainment area
attained the 2010 SO2 NAAQS by the
attainment date of September 12, 2021.
This determination is based on annual
SO2 emissions data, modeled data, and
certified ambient air quality data from
EPA’s December 7, 2021, Clean Data
Determination for St. Clair, based on
2017 to 2019 data, as well as publicly
available additional supporting 2020
data. A detailed explanation of the CAA
requirements and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking
(NPRM) and will not be restated here.
The public comment period for this
proposed rule ended on October 28,
2024. EPA received no comments on the
proposal.
II. Final Determination
EPA is making a determination that
the St. Clair nonattainment area attained
the 2010 SO2 NAAQS by the relevant
attainment date of September 12, 2021.
The determination of attainment by the
attainment date does not constitute a
redesignation of the St. Clair, MI
nonattainment area to attainment of the
2010 SO2 NAAQS under section
107(d)(3) of the CAA. The St. Clair area
will remain designated nonattainment
for the 2010 SO2 NAAQS until such
time as EPA approves a redesignation
request and accompanying 10-year
E:\FR\FM\26DER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104882-104884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30547]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1078]
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. 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: For the purposes of enforcement, actual notice will be used from
December 20, 2024, until December 26, 2024. This rule is effective
without actual notice from December 26, 2024 until December 27, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1078 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
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 December 12, 2024. There is insufficient
time to publish an NPRM before this operation because the security zone
must be established by December 20, 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 Vessel (M/V) ARC INDEPENDENCE.
There is a security concern within a 500-yard radius of the vessel when
it's loaded and 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 ARC INDEPENDENCE. Other mariners and
vessels will be able to identify the security zone because the M/V ARC
INDEPENDENCE's name is clearly marked on its stern, and port and
starboard sides. The zone for the vessel will be effective from
December 20, 2024, through December 27, 2024, and will be enforced when
the vessel is loaded and transiting the Corpus Christi Ship Channel.
The security zone will be
[[Page 104883]]
enforced 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 Corpus Christi Ship Channel.
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 as the vessel transits the channel 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 ARC INDEPENDENCE is within the Corpus
Christi Ship Channel while loaded with cargo. It will prohibit entry
within a 500-yard radius of the M/V ARC INDEPENDENCE while the vessel
is
[[Page 104884]]
transiting loaded within Corpus Christi 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.T08-1078 to read as follows:
Sec. 165.T08-1078 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 ARC
INDEPENDENCE while the vessel loaded with cargo and is in the Corpus
Christi Ship Channel.
(b) Enforcement period. This section will be enforced during the
times the 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 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 zone
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: December 17, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-30547 Filed 12-23-24; 8:45 am]
BILLING CODE 9110-04-P
