Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91567 

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.T11–189 to read as 

follows: 

§ 165.T11–189 Safety Zone; San Pedro 

Bay, Los Angeles, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters, from 

surface to bottom, within a circle 

formed by connecting all points 500-feet 

out from the vessel M/V ZHEN HUA 26, 

during the vessel’s transits in San Pedro 

Bay within three nautical miles from the 

Federal breakwaters and in the Port of 

Los Angeles, respectively. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel designated by or assisting 

the Captain of the Port Los AngelesLong Beach (COTP) in the enforcement 

of the safety zone. 

(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 COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by hailing Coast Guard 

Sector Los Angeles-Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This 

temporary safety zone will be enforced 

from November 12, 2024, through 

December 25, 2024, during the M/V 

ZHEN HUA 26’s inbound and outbound 

transits, or as announced via Broadcast 

Notice to Mariners. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone via Local Notices to 

Mariners. 

Dated: November 7, 2024. 

S.L. Crecy, 

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

Port Los Angeles-Long Beach. 

[FR Doc. 2024–27106 Filed 11–19–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1024] 

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 a temporary moving 

security zone 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 zone is 

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 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 

November 15, 2024, until November 20, 

2024. This rule is effective without 

actual notice from November 20, 2024 

until November 30, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1024 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, 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 

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 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 of these vessels’ transit and 

cargo on November 6, 2024. There is 

insufficient time to publish an NPRM 

before this operation because the 

security zone must be established by 

November 15, 2024, to ensure security 

of this vessel and the surrounding area 

and there is insufficient time to provide 

a reasonable comment period and to 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard also 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 quick action is needed 

to provide for the security of this vessel 

and its surroundings while it is in 

transit. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

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) 

WOODSIDE CHANEY, CLEAN CAJUN, 

and CLEAN RESOLUTION. There is a 

security concern within a 500-yard 

radius of these vessels when they are 

loaded and are transiting while loaded. 

This rule is needed to provide for the 

safety and security of the 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 

vessel is transiting within Corpus 

Christi, TX. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 500- 

yard radius, temporary, moving security 

zone around M/Vs WOODSIDE 


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91568 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

CHANEY, CLEAN CAJUN, and CLEAN 

RESOLUTION. Other mariners and 

vessels will be able to identify the 

security zone because of the M/Vs 

WOODSIDE CHANEY, CLEAN CAJUN, 

and CLEAN RESOLUTION’s names 

clearly marked on their stern, and port 

and starboard sides. The zone for the 

vessels will be effective from November 

15, 2024, through November 30, 2024, 

and will be enforced when the vessels 

are cargo loaded and transiting the 

Corpus Christi Ship Channel and La 

Quinta Ship Channel 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 vessel is traveling within the Corpus 

Christi Ship Channel and La Quinta 

Ship Channel. 

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 and 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 

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 vessel in 

the Corpus Christi Ship Channel and La 

Quinta Ship Channel as the vessel 

transits these channels over a period of 

approximately six hours or less. 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 the zone. 

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 

responsibilities between the Federal 

Government and Indian Tribes. If you 

believe this rule has implications for 

federalism or Indian Tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91569 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

moving security zone lasting for the 

duration of time that the M/V 

WOODSIDE CHANEY, CLEAN CAJUN, 

and CLEAN RESOLUTION is 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 WOODSIDE 

CHANEY, CLEAN CAJUN, and CLEAN 

RESOLUTION while the vessel is 

transiting loaded within Corpus Christi 

Ship Channel and La Quinta Ship 

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.T08–1024 to read as 

follows: 

§ 165.T08–1024 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following area is a 

moving security zone: All navigable 

waters encompassing a 500-yard radius 

around the M/V WOODSIDE CHANEY, 

CLEAN CAJUN, and CLEAN 

RESOLUTION while the vessel loaded 

with cargo and is in the Corpus Christi 

Ship Channel and the La Quinta Ship 

Channel. 

(b) Enforcement period. This section 

will be enforced during the times each 

ship is loaded and underway. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is 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. 

(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 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 through Broadcast 

Notices to Mariners (BNMs) and Marine 

Safety Information Bulletins (MSIBs) of 

the enforcement times and dates for this 

security zone. 

Dated: November 14, 2024. 

J.J. Andrew, 

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

Port (Acting), Sector Corpus Christi. 

[FR Doc. 2024–27067 Filed 11–19–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1007] 

RIN 1625–AA00 

Safety Zones; Delaware River 

Dredging, Marcus Hook, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

on the waters of the Delaware River, in 

portions of Marcus Hook Range and 

Anchorage 7, off Marcus Hook, PA. The 

safety zones temporarily restrict vessel 

traffic from transiting or anchoring in 

portions of the Delaware River while 

maintenance dredging is being 

conducted within the Delaware River. 

The safety zones are needed to protect 

personnel, vessels, and the marine 

environment from hazards created by 

dredging operations. Entry of vessels or 

persons into these zones is prohibited 

unless specifically authorized by the 

COTP or his designated representatives. 

DATES: This rule is effective without 

actual notice from November 20, 2024 

through March 31, 2025. For the 

purposes of enforcement, actual notice 

will be used from November 12, 2024, 

until November 20, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1007 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 Petty Officer Jonathan 

Lougheed, Waterways Management 

Branch, U.S. Coast Guard Sector 

Delaware Bay; telephone (215) 271– 

4814, email SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 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.’’ 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 and contrary to the public 

interest. There is insufficient time to 

allow for a reasonable comment period 

prior to the start date for dredging 

operations. The rule must be in force by 

November 12, 2024, to serve its purpose 

of ensuring the safety of the public from 

hazards associated with dredging 

operations, such as submerged and 

floating pipeline, booster pumps, head 

sections and vessels with a restricted 

ability to maneuver. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 


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