[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Rules and Regulations]
[Pages 82170-82172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0908]
RIN 1625-AA87


Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary, 500-yard radius, 
moving security zones within the navigable waters of the Corpus Christi 
Ship Channel and the La Quinta Channel. The security zone is needed to 
protect certain vessels carrying cargo which poses risks such that it 
requires an elevated level of security to protect the cargo itself 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 these zones is prohibited unless specifically 
authorized by the Captain of the Port, Sector Corpus Christi or a 
designated representative.

DATES: This rule is effective from October 7, 2024 through October 17, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0908 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, 
<a href="/cdn-cgi/l/email-protection#07626a666e6b536e6a294d2944667563626966744772746460296a6e6b"><span class="__cf_email__" data-cfemail="a3c6cec2cacff7cace8de98de0c2d1c7c6cdc2d0e3d6d0c0c48dcecacf">[email protected]</span></a>.

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 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.'' 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 must establish this 
security zone by October 7, 2024, to ensure security of certain vessels 
and the surrounding area and lacks sufficient time to request public 
comments and respond to these comments before the safety zone must be 
established. As such, it is impracticable to publish an NPRM.
    Additionally, 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 prompt 
action is needed to provide for the security of these vessels while 
they are in transit and carrying potentially dangerous cargo in need of 
elevated security.

[[Page 82171]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing these 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) MARAN GAS 
DELPHI, TRANIANO KNUTSEN, ADAMASTOS, and HELLAS ATHINA. There is a 
security concern within a 500-yard radius of these vessels when they 
are loaded. This rule is needed to provide for the safety and security 
of these 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 vessels are transiting within 
Corpus Christi, TX.

IV. Discussion of the Rule

    The Coast Guard is establishing 500-yard radius, temporary, moving 
security zones around M/V MARAN GAS DELPHI, TRANIANO KNUTSEN, 
ADAMASTOS, and HELLAS ATHINA within the navigable waters of the Corpus 
Christi Ship Channel and the La Quinta Channel. The public will easily 
be able to identify these vessels because their names are clearly 
marked on the port and starboard bow and the stern of each vessel. The 
zones for these vessels will be effective from October 7, 2024, through 
October 17, 2024, 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 vessels are traveling within the La Quinta and Corpus Christi Ship 
Channels. The zones will be enforced only during the time the vessels 
are transiting the 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 (BNMs), Local Notices to Mariners (LNMs), 
and/or 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 section 3(f) of 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 vessels in the 
Corpus Christi Ship Channel and La Quinta Ship Channel as these vessels 
transit the channel over a ten-day period. 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 or pass through each zone may 
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at 361-939-0450.

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

[[Page 82172]]

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 moving 
security zones lasting for the duration of time that the M/V MARAN GAS 
DELPHI, TRANIANO KNUTSEN, ADAMASTOS, HELLAS ATHINA are 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 MARAN 
GAS DELPHI, TRANIANO KNUTSEN, ADAMASTOS, and HELLAS ATHINA while the 
vessels are transiting loaded within Corpus Christi Ship Channel and La 
Quinta 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.T08-0908 to read as follows:


Sec.  165.T08-0908  Security Zones; Corpus Christi Ship Channel, Corpus 
Christi, TX.

    (a) Location. All navigable waters encompassing a 500-yard radius 
around the M/V MARAN GAS DELPHI, TRANIANO KNUTSEN, ADAMASTOS, and 
HELLAS ATHINA, while the vessels are in the Corpus Christi Ship Channel 
and the La Quinta Ship Channel.
    (b) Definitions. As used in this section, oesignated representative 
means a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Corpus 
Christi.
    (c) Effective period. This section will be in effect from October 
7, 2024, through October 17, 2024. This section will be enforced when 
any of the vessels are in the specified channels and carrying cargo.
    (d) Regulations. (1) The general security zone regulations in 
subpart D of this part apply. Entry into the zone is prohibited unless 
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a 
designated representative.
    (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 shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
this security zone.

    Dated: October 4, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-23469 Filed 10-9-24; 8:45 am]
BILLING CODE 9110-04-P


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