79144 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations 

mile segments for up to six (6) hours on 

each instance of enforcement, from 

September 23, 2024, through November 

30, 2024, on the Monongahela River, 

Allegheny River, or Ohio River, during 

an important dignitary visit. 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. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the security 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.T08–0868 to read as 

follows: 

§ 165.T08–0868 Security Zone; 

Monongahela River, Allegheny River, and 

Ohio River, Pittsburgh, PA. 

(a) Location. The following areas are 

security zones: 

(1) Security Zone One will cover all 

navigable waters on the Monongahela 

River Mile Markers 0–43.5. 

(2) Security Zone Two will cover all 

navigable waters on the Allegheny River 

Mile Markers 0–14.5. 

(3) Security Zone Three will cover all 

navigable waters on the Ohio River Mile 

Markers 0–28.5. 

(4) Security Zone Four will cover all 

navigable waters on the Ohio River Mile 

Marker 89–93. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to enforce this 

security zone described in paragraph (a) 

of this section. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter or remain 

in the security zones 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 on Channel 16. The 

COTP’s representative may be contacted 

at 206–815–6624. Those in the security 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(3) The U.S. Coast Guard may secure 

the entirety of all or each security zones 

if deemed necessary to address security 

threats or concerns. 

(d) Enforcement period. (1) The Coast 

Guard activates the security zones when 

requested by the U.S. Secret Service for 

the protection of individuals who 

qualify for their protection. The COTP 

will provide the public with notice of 

enforcement of security zone by 

Broadcast Notice to Mariners (BNM). 

This section will be enforced in one (1) 

mile segments for up to six (6) hours in 

each instance of enforcement from 

September 23, 2024, through November 

30, 2024. The Coast Guard will provide 

local notice of each instance of 

enforcement of the temporary security 

zone. 

(2) These security zones may be 

enforced individually or 

simultaneously. 

Dated: September 23, 2024 

Justin R. Jolley, 

Commander, U.S. Coast Guard, Captain of 

the Port, MSU Pittsburgh. 

[FR Doc. 2024–22106 Filed 9–26–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0872] 

RIN 1625–AA00 

Safety Zone; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the Corpus 

Christi Ship Channel. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the removal 

of pipeline from the floor of the Corpus 

Christi Ship Channel near gated pair 

lights 31 and 32. 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 September 27, 2024, 

through October 31, 2024. For the 

purposes of enforcement, actual notice 

will be used from September 23, 2024, 

until September 27, 2024. It will be 

subject to enforcement each day it is in 

effect, between the hours of 9 p.m. to 3 

a.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0872 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Timothy Cardenas, 

Sector Corpus Christi Waterways 

Management Division, U.S. Coast 

Guard; telephone 361–939–5130, email 

Timothy.J.Cardenas@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 5 

U.S.C. 553(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. This rule is intended to 

protect personnel, vessels, and the 

marine environment from potential 

hazards associated with removal of the 

pipeline, include the deployment of 

heavy equipment which will obstruct 

vessel traffic, continuous diving 


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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations 79145 

operations, and various other activities 

which create underwater hazards while 

people are working. There is insufficient 

time to publish an NPRM because the 

safety zone must be established by 

September 23, 2024. 

In addition, the Coast Guard finds that 

good cause exists under 5 U.S.C. 

553(d)(3) for making this rule effective 

less than 30 days after publication in the 

Federal Register because the safety zone 

must be in effect by September 23, 2024, 

when pipeline removal operations 

begin. 

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 

hazards inherent in underwater pipeline 

removal activities necessitate provisions 

to protect personnel, vessels, and the 

marine environment while those 

activities are taking place. The activities 

giving rise to these hazards include the 

deployment of heavy equipment which 

will obstruct vessel traffic, continuous 

diving operations, and various other 

activities which create underwater 

hazards while people are working. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from September 23, 2024, through 

October 31, 2024. The rule is subject to 

enforcement from 9 p.m. to 3 a.m. each 

day it is in effect. The safety zone will 

cover all navigable waters in the Corpus 

Christi Ship Channel near gated pair 

lights 31 and 32, near pipeline removal 

operations. No vessel or person will be 

permitted to enter the temporary safety 

zones 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 1–800– 

874–2143. The Coast Guard will issue 

Broadcast Notices to Mariners, Local 

Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

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 has not been reviewed by the Office 

of Management and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The safety 

zone covers less than 0.5 square mile 

area of the Corpus Christi Ship Channel 

in Texas. The temporary safety zone 

will be subject to enforcement for a 

period of six consecutive hours each 

day of the period, from September 23, 

2024, to October 31, 2024. 

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 safety 

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 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 safety 


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79146 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations 

zone for navigable waters in the Corpus 

Christi Bay lasting 6 hours per day for 

36 days. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by pipeline removal 

activities that may include deployment 

of heavy equipment which will obstruct 

vessel traffic, continuous diver’s 

operations, and various other activities 

which create underwater hazards while 

people are working. It is categorically 

excluded from further review under 

paragraph 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.T08–0872 to read as 

follows: 

§ 165.T08–0872 Safety Zone; Corpus 

Christi Ship Channel, Corpus Christi, TX. 

(a) Location. The safety zone will be 

within the following area: All navigable 

waters of the Corpus Christi Ship 

Channel, from the surface to bottom, 

encompassed by a line connecting the 

following points beginning at Point 1: 

27°49′18.48′′ N, 97°11′15.87′′ W, thence 

to Point 2: 27°49′6.33′′ N, 97°11′13.00′′ 

W, thence to Point 3: 27°49′19.49′′ N, 

97°11′10.42′′ W, thence to Point 4: 

27°49′7.35′′ N, 97°11′7.55′′ W. These 

coordinates are based on World 

Geodetic System (WGS) 84. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol officer, 

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, Port 

Arthur, TX (COTP), in the enforcement 

of the safety zone. 

(c) Enforcement period. This section 

will be subject to enforcement from 9 

p.m. to 3 a.m. each day in the period, 

from September 23, 2024, through 

October 31, 2024. 

(d) Regulations. (1) In accordance 

with the general safety zone regulations 

in subpart C of this part, entry into the 

temporary safety zones described in 

paragraph (a) of this section is 

prohibited unless authorized by the 

Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. They may be contacted 

on Channel 16 VHF–FM (156.8 MHz) or 

by telephone at 1–800–874–2143. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

Dated: September 23, 2024 

T.H. Bertheau, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2024–22121 Filed 9–26–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 75, 76, and 79 

[Docket ID ED–2023–OPEPD–0110] 

RIN 1875–AA14 

Education Department General 

Administrative Regulations and 

Related Regulatory Provisions; 

Correction 

AGENCY: Office of Planning, Evaluation 

and Policy Development, Department of 

Education. 

ACTION: Final regulations; correction. 

SUMMARY: On August 29, 2024, the 

Department of Education (Department) 

published in the Federal Register final 

regulations amending the Education 

Department General Administrative 

Regulations and related regulatory 

provisions. This document corrects 

technical errors in the amendatory 

instructions and regulatory text. This 

document does not contain any 

substantive changes to the regulations. 

DATES: Effective September 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Terpak, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 4C212, Washington, DC 20202. 

Telephone: (202) 245–6776. Email: 

EDGAR@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: On August 

29, 2024, the Department published in 

the Federal Register final regulations 

amending the Education Department 

General Administrative Regulations and 

related regulatory provisions (89 FR 

70300). Those final regulations contain 

technical errors, which we are 

correcting. This document does not 

contain any substantive changes to the 

regulations. 

Specifically, we are correcting: 

• The wording of the regulatory text 

being replaced in § 75.50; 

• Section 75.210 by restoring a 

selection criterion factor from the 

current regulation which was 

inadvertently omitted from the revisions 

to that section; 

• One paragraph designation in 

§ 75.225; 

• Punctuation in the section heading 

for § 75.591 to maintain the format of 

the current heading; 

• The wording of the regulatory text 

being replaced in the amendatory 

instruction for § 76.100; 

• The section number in the 

amendatory instruction for § 76.564; 

• A reference to Catalog of Federal 

Domestic Assistance, or ‘‘CFDA 

number,’’ in § 76.711, and making a 

related conforming edit to replace that 

term with Assistance Listing Number, or 

‘‘ALN’’; 

• The instruction for § 76.783, to 

remove only one instance of the word 

‘‘or’’; and 

• A typo in the instruction for § 79.4. 

Waiver of Proposed Rulemaking and 

Delayed Effective Date 

In accordance with the 

Administrative Procedure Act (APA), 5 

U.S.C. 553, the Department generally 

offers interested parties the opportunity 

to comment on proposed regulations. 

However, the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking when 

the agency, for good cause, finds that 

notice and public comment thereon are 

impracticable, unnecessary, or contrary 


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