Safety Zone; Corpus Christi Ship Channel, Port Aransas, TX, 24321-24322 [2025-10584]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Rules and Regulations]
[Pages 24321-24322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10584]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2025-0514]
RIN 1625-AA00


Safety Zone; Corpus Christi Ship Channel, Port Aransas, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters within a 500-yard radius of the rig JOLLIET. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created while it is towed to Aransas 
Terminals. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port, Sector 
Corpus Christi.

DATES: This rule is effective June 10, 2025, through June 17, 2025. The 
safety zone established by this rule will be enforced on only one day 
during this period, approximately between the hours of 6 a.m. and 6 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0514 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, Timothy Cardenas, Waterways Management 
Division, U.S. Coast Guard, telephone (361) 244-4784, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' 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 on June 2, 2025, of this 
towing operation, and must establish this safety zone by June 10, 2025, 
to protect personnel, vessels, and the marine environment. There are 
potential hazards created by the possibility that the rig JOLLIET could 
separate from the towing vessel and float free. We lack sufficient time 
to provide comment period and then consider those comments before 
issuing the rule.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because there are 
fewer than 30 days left before the towing is to occur, and publication 
of this rule is needed to respond to the potential safety hazards 
associated with towing the rig through the Corpus Christi Shipping 
Channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Corpus Christi (COTP) has 
determined that potential hazards inherent in the towing of the rig 
JOLLIET, which will take place between June 10, 2025, and June 17, 
2025, will be a safety concern for anyone within 500-yards of the rig 
as it transits the Corpus Christi Shipping Channel between the sea buoy 
and Aransas Terminal. The purpose of this rule is to protect the marine 
environment, and to ensure safety of vessels and persons on these 
navigable waters who might be present in the safety zone while the rig 
is being towed.

IV. Discussion of the Rule

    The Coast Guard is establishing a 500-yard radius, temporary, 
moving safety zone around the rig JOLLIET. This rule is effective from 
June 10, 2025, through June 17, 2025, but will be enforced only one day 
during this period, between the hours of 6 a.m. and 6 p.m. The 
enforcement days will be determined based on weather, and the beginning 
and ending of the transit of the rig JOLLIET, beginning at the sea buoy 
and ending at Aransas Terminal. No vessel or person will be permitted 
to enter the temporary, moving safety zone during the period in which 
the rule is subject to enforcement without obtaining permission from 
the COTP or a designated representative, who may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The 
Coast Guard will issue Broadcast Notices to Mariners and Safety Marine 
Information Broadcasts.

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.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This moving safety zone will 
only restrict vessel movement in the area around the rig JOLLIET as it 
is towed along a five nautical mile length of the Corpus Christi 
Shipping Channel near Port Aransas, TX, from the sea buoy to Aransas 
Terminal. The temporary, moving safety zone will be subject to 
enforcement for one 12-hour period from 6 a.m. to 6 p.m., between June 
10, 2025, and June 17, 2025.

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 moving safety zone may be small entities, for the reasons 
stated in section V.A above, this rule will not

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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 will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have Tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
establishment of a temporary moving safety zone around a rig platform 
under tow on the navigable waters of the Corpus Christi Shipping 
Channel beginning at the sea buoy to Aransas Terminal. The safety zone 
will be enforced for approximately 12 hours during the towing 
evolution. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by the rig 
JOLLIET as it is towed. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

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. 01.4.


0
2. Add Sec.  165.T08-0514 to read as follows:


Sec.  165.T08-0514  Safety Zone; Corpus Christi Shipping Channel, Port 
Aransas, TX.

    (a) Location. The following area is a safety zone: all navigable 
waters encompassing a 500-yard radius around the rig JOLLIET as it is 
being towed in the Corpus Christi Shipping Channel, from the sea buoy 
to Aransas Terminal. Entry of vessels of persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Corpus Christi (COTP) or a designated representative.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the COTP 
in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by Channel 16 VHF-FM (156. 8 MHz) or by telephone at 
(361) 939-0450. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is effective from June 10, 
2025, through June 17, 2025, but will be enforced only one day during 
this period, between the hours of 6 a.m. and 6 p.m. approximately. The 
enforcement day will be determined based on weather, and the COTP or a 
designated representative will inform the public of the enforcement 
date and times for the safety zone through Broadcast Notice to Mariners 
and Safety Marine Information Broadcasts.

    Dated: June 4, 2025.
Torrey H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-10584 Filed 6-6-25; 4:15 pm]
 BILLING CODE 9110-04-P