Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 87789 

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 safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T07–0528 to read as 

follows: 

§ 100.T07–0528 Red Bull Flugtag Seddon 

Channel, Tampa, FL. 

(a) Regulated areas. The regulations 

in this section apply to the following 

areas (all coordinates are based on North 

American Datum 1983): 

(1) Event area. All navigable waters in 

Seddon Channel commencing at 

latitude 27°56′27′′ N, 082°27′28′′ W, 

thence to position 27°56′29′′ N, 

082°27′28′′ W, thence to position 

27°56′25′′ N, 082°27′18′′ W, thence to 

position 27°56′23′′ N, 082°27′19′′ W, 

thence to the original position. 

(2) Spectator area. All navigable 

waters in Seddon Channel commencing 

at latitude 27°56′25′′ N, 082°27′32′′ W, 

thence to position 27°56′28′′ N, 

082°27′30′′ W, thence to position 

27°56′23′′ N, 082°27′19′′ W, thence to 

position 27°56′19′′ N, 082°27′23′′ W, 

thence to position 27°56′12′′ N, 

082°27′21′′ W, thence to position 

27°56′12′′ N, 082°27′23′′ W, thence to 

original position. 

(3) Enforcement area. All navigable 

waters in Seddon Channel commencing 

at latitude 27°56′18′′ N, 082°27′43′′ W, 

thence to position 27°56′30′′ N, 

082°27′33′′ W, thence to position 

27°56′30′′ N, 082°27′29′′ W, thence to 

position 27°56′25′′ N, 082°27′17′′ W, 

thence to position 27°56′22′′ N, 

082°27′16′′ W, thence to position 

27°56′18′′ N, 082°27′20′′ W, thence to 

position 27°56′04′′ N, 082°27′13′′ W, 

thence to position 27°56′02′′ N, 

082°27′19′′ W, thence to position 

27°56′23′′ N, 082°27′32′′ W, thence to 

position 27°56′17′′ N, 082°27′39′′ W 

thence to the original position. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) St. 

Petersburg means the Commander, U.S. 

Coast Guard Sector St. Petersburg or any 

Coast Guard commissioned, warrant or 

petty officer who has been authorized 

by the COTP to act on his behalf. 

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 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the race. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the event area 

described in paragraph (a)(1) of this 

section unless authorized by the COTP 

or their designated representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area described in 

paragraph (a)(3) of this section as 

determined by the prevailing 

conditions. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by contacting the COTP 

St. Petersburg by telephone at (866) 

881–1392. Those in the regulated area 

must comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(4) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 8 p.m. 

on November 9, 2024. 

Dated: October 30, 2024. 

Michael P. Kahle, 

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

Port St. Petersburg. 

[FR Doc. 2024–25712 Filed 11–4–24; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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, 

emailTim.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 


ddrumheller on DSK120RN23PROD with RULES1
87790 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 

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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 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 

■ 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.T08–0975 to read as 

follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0946] 

Safety Zone; Firework Display Within 

the Sector Columbia River Captain of 

the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

safety zone regulations for the City of 

Richland Lighted Boat Parade Fireworks 

Display on December 6 and 7, 2024, to 

provide for the safety of life on 

navigable waterways during this 

display. Our regulation for safety zones 

within the Sector Columbia River 

Captain of the Port Zone identifies the 

regulated area for this event in 

Richland, WA. During the enforcement 

period, no person may enter or remain 

in the safety zone unless authorized by 


ddrumheller on DSK120RN23PROD with RULES1