Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 86739 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This final rule does not have tribal 

implications under Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments), 

because it will 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. 

K. Energy Effects 

We have analyzed this final rule 

under Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use). We have 

determined that it is not a ‘‘significant 

energy action’’ under Executive Order 

13211, because although it is a 

‘‘significant regulatory action’’ under 

Executive Order 12866, it is not likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy, and the Administrator of OMB’s 

Office of Information and Regulatory 

Affairs has not designated it as a 

significant energy action. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, with an explanation of why using 

these standards would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) that are 

developed or adopted by voluntary 

consensus standards bodies. 

This final rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this final rule 

under DHS Management 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 made a 

determination that this action is one of 

a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. 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. 

This final rule is categorically excluded 

under paragraph L54 of Appendix A, 

Table 1 of DHS Instruction Manual 023– 

01(series). Paragraph L54 pertains to 

regulations that are editorial or 

procedural. 

List of Subjects in 33 CFR Part 105 

Maritime security, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons listed in the preamble, 

the Coast Guard amends 33 CFR part 

105 as follows: 

PART 105—MARITIME SECURITY: 

FACILITIES 

■ 1. The authority citation for part 105 

is revised to read as follows: 

Authority: 46 U.S.C. 70034, 70103, 70116; 

sec. 811, Pub. L. 111–281, 124 Stat. 2905 (46 

U.S.C. 70103 note); 33 CFR 1.05–1, 6.04–11, 

6.14, 6.16, and 6.19; DHS Delegation No. 

00170.1, Revision No. 01.4. 

■ 2. In § 105.253, revise paragraphs 

(a)(2) through (4) to read as follows: 

§ 105.253 Risk Group classifications for 

facilities. 

(a) * * * 

(2) Beginning May 8, 2029: Facilities 

that handle Certain Dangerous Cargoes 

(CDC) in bulk and transfer such cargoes 

from or to a vessel. 

(3) Beginning May 8, 2029: Facilities 

that handle CDC in bulk, but do not 

transfer it from or to a vessel. 

(4) Beginning May 8, 2029: Facilities 

that receive vessels carrying CDC in 

bulk but, during the vessel-to-facility 

interface, do not transfer it from or to 

the vessel. 

* * * * * 

Dated: October 17, 2024. 

Linda L. Fagan, 

Admiral, U.S. Coast Guard, Commandant. 

[FR Doc. 2024–24780 Filed 10–30–24; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

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 


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86740 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

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. 


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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 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 

■ 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.T08–0967 to read as 

follows: 

§ 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°51′31.7′′ N, 

97°14′28.4′′ W, thence to Point 2: 

27°51′24.0′′ N, 97°14′43.6′′ W, thence to 

Point 3: 27°50′28.9′′ N, 97°14′12.7′′ W, 

thence to Point 4: 27°50′42.2′′ N, 

97°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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0923] 

RIN 1625–AA00 

Safety Zone; Bahia de Ponce, Ponce, 

PR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters within Bahia de 

Ponce, Ponce, PR during the Discover 

the Caribbean Regatta event. The safety 

zone is necessary to ensure the safety of 

event participants and vessels during 

the event. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) San Juan or a 

designated representative. 

DATES: This rule is effective from 9 a.m. 

until 3 p.m. daily on November 1, 2024, 

through November 11, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0923 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 on this rule, call or 

email Lieutenant Commander Carlos M. 

Ortega-Perez, Sector San Juan, 

Waterways Management Division, U.S. 

Coast Guard; telephone 787–729–2380; 

email Carlos.M.Ortega-Perez@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

CFR Code of Federal Regulations 

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 under 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.’’ The Coast Guard finds that 


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