[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86739-86741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25364]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0967]
RIN 1625-AA00


Safety 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 a temporary safety zone for 
certain navigable waters of the La Quinta Ship Channel. The safety zone 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by module loadout operations at Kiewit 
Offshore Services, between the Jewell Fulton Channel and La Quinta 
Channel Day Beacon 13. 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 
5 a.m. on October 28, 2024, through October 31, 2024. This rule is 
effective without actual notice from October 31, 2024 through 8 p.m. on 
November 4, 2024.
    The rule will be subject to enforcement on only one day during the 
period, depending on weather, from 5 a.m. to 8 p.m. that day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0967 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 <a href="/cdn-cgi/l/email-protection#e4b08d898b908c9dcaaecaa7859680818a8597a491978783ca898d88"><span class="__cf_email__" data-cfemail="80d4e9edeff4e8f9aecaaec3e1f2e4e5eee1f3c0f5f3e3e7aeede9ec">[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

[[Page 86740]]

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)(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. This rule is intended to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with the movement of large rigs. The Coast Guard was 
notified of this request October 16, 2024, and there is insufficient 
time to publish an NPRM before this operation because the safety zone 
must be established by October 28, 2024.
    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 impracticable because prompt action is needed to 
respond to potential safety hazards associated with the module loadout 
operations beginning October 28, 2024.

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 these module loadout operations 
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 
and the movement of large offshore rigs which will obstruct vessel 
traffic while module loadout operations are conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 28, 2024, through 
November 4, 2024. The rule is subject to enforcement from 5 a.m. to 8 
p.m. each day it is in effect. We anticipate the rule will be enforced 
on one day during the period, which the Coast Guard will announce 
through Broadcast Notices to Mariners, Marine Safety Information 
Bulletins, and Channel 16 VHF-FM. The safety zone will cover all 
navigable waters in the La Quinta Ship Channel between the Jewell 
Fulton Channel and La Quinta Channel Day Beacon 13, near module 
movement 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 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, 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 a one-square-mile area of the La Quinta Ship Channel. The 
temporary safety zone will be subject to enforcement for a period of 
fifteen consecutive hours each day of the effective period, from 
October 28, 2024, through November 4, 2024. However, we anticipate that 
it will only be enforced for one day.

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.

[[Page 86741]]

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 establishment of a temporary moving 
safety zone for navigable waters of the Corpus Christi and La Quinta 
Shipping Channel beginning at the sea buoy to Kiewit Offshore Services. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by module loadout 
operations. 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.

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.T08-0967 to read as follows:


Sec.  165.T08-0967  Safety Zone; Corpus Christi Ship Channel, Corpus 
Christi, TX.

    (a) Location. The following area is a safety zone: All navigable 
waters of the La Quinta Ship Channel, from the surface to bottom, 
between the Jewell Fulton Channel and La Quinta Channel Day Beacon 13, 
encompassed by a line connecting the following points beginning at 
Point 1: 27[deg]51'31.7'' N, 97[deg]14'28.4'' W, thence to Point 2: 
27[deg]51'24.0'' N, 97[deg]14'43.6'' W, thence to Point 3: 
27[deg]50'28.9'' N, 97[deg]14'12.7'' W, thence to Point 4: 
27[deg]50'42.2'' N, 97[deg]13'47.6'' W. These coordinates are based on 
World Geodetic System (WGS) 84.
    (b) Enforcement period. This section will be subject to enforcement 
from 5 a.m. to 8 p.m. each day in the period, from October 28, 2024, 
through November 4, 2024.
    (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 Captain of the 
Port Corpus Christ (COTP) or the COTP's designated representative. They 
may be contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 
361-939-0450.
    (2) 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 of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Safety Marine 
Information Broadcasts, and Channel 16 VHF-FM.
    (e) 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 
Corpus Christi in the enforcement of the safety zone.

    Dated: October 25, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25364 Filed 10-30-24; 8:45 am]
BILLING CODE 9110-04-P


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