[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87789-87791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0975]
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 moving security 
zones 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 and the La Quinta Channel. The temporary security 
zones are 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 these zones are 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 
October 29, 2024, until November 5, 2024. This rule is effective 
without actual notice from November 5, 2024, through November 10, 2024. 
It will be subject to enforcement each day it is in effect, and when 
the vessels are loaded and transiting the channels.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0975 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#5d38303c34310934307317731e3c2f3938333c2e1d282e3e3a73303431"><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

[[Page 87790]]

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 was notified October 
21, 2024 the need to establish this security zone by October 29, 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 impracticable 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing these security zone regulations 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) GLOBAL SEALINE 
and MOL HESTIA. 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 in a loaded condition.

IV. Discussion of the Rule

    The Coast Guard is establishing 500-yard radius, temporary, moving 
security zones around M/V GLOBAL SEALINE and MOL HESTIA 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 29, 2024, through November 10, 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 
Channel and the Corpus Christi Ship Channel. 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) 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 thirteen-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

[[Page 87791]]

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 moving 
security zones lasting for the duration of time that the M/V GLOBAL 
SEALINE and MOL HESTIA 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 GLOBAL SEALINE and MOL HESTIA 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.T08-0975 to read as follows:


Sec.  165.T08-0975  Security Zones; Corpus Christi Ship Channel, Corpus 
Christi, TX.

    (a) Location. All navigable waters encompassing a 500-yard radius 
around the M/V GLOBAL SEALINE and MOL HESTIA, while the vessels are 
loaded and in the Corpus Christi Ship Channel and the La Quinta 
Channel.
    (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 Captain of the Port, USCG Sector Corpus Christi (COTP) in 
the enforcement of the security zone.
    (c) Effective period. This section will be in effect from October 
29, 2024, through November 10, 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 28, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25711 Filed 11-4-24; 8:45 am]
BILLING CODE 9110-04-P


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