Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96533 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1058] 

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: This rule is effective without 

actual notice from December 5, 2024 

until December 16, 2024. For the 

purposes of enforcement, actual notice 

will be used from December 1, 2024, 

until December 5, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1058 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 22, 2024. There is 

insufficient time to publish an NPRM 

before this operation because the 

security zone must be established by 

December 1, 2024, to ensure security of 

the vessels 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) 

CLEAN FUTURE and HELLAS DIANA. 

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 CLEAN FUTURE and 

HELLAS DIANA. Other mariners and 

vessels will be able to identify the 

security zone because of the M/Vs 

CLEAN FUTURE and HELLAS DIANA’s 

names clearly marked on their stern, 

and port and starboard sides. The zone 

for the vessels will be effective from 

December 1, 2024, through December 

16, 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 La 

Quinta Ship Channels and Corpus 

Christi Ship 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 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 


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96534 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

transits these channels over a period of 

approximately four 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 

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 CLEAN 

FUTURE and HELLAS DIANA 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 CLEAN 

FUTURE and HELLAS DIANA 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.T08–1058 to read as 

follows: 

§ 165.T08–1058 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 CLEAN FUTURE and 

HELLAS DIANA 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 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96535 

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 29, 2024. 

J.J. Andrew, 

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

Port (Acting), Sector Corpus Christi. 

[FR Doc. 2024–28477 Filed 12–4–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Parts 1 and 14 

[NPS–WASO–PPFL–38951; Docket No. 

NPS–2024–0004; PPWOPPFLL0; 

PPMPSPD1Y.YM0000] 

RIN 1024–AE75 

Rights of Way 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

(NPS) revises regulations governing the 

application, processing, and issuance of 

right-of-way (ROW) permits for lands 

and waters administered by the NPS. A 

ROW permit authorizes the use of such 

lands and waters for the operation and 

maintenance of infrastructure associated 

with utilities such as fiber, water lines, 

power lines, and cellular antennas. The 

revisions align NPS processes more 

closely with those of other Department 

of the Interior (DOI) bureaus by allowing 

for a pre-application meeting, 

identifying a common standard 

application form, and broadening 

methods the NPS can use to determine 

fair market value. This rule clarifies the 

process for permitting construction 

related to a ROW permit, makes updates 

that reflect current technology and 

standard practices, and integrates 

applicable laws that have been 

implemented since the regulations were 

first promulgated in 1980. 

DATES: This rule is effective January 6, 

2025. 

ADDRESSES: The comments received on 

the proposed rule are available on 

https://www.regulations.gov in Docket 

No. NPS–2024–0004. 

FOR FURTHER INFORMATION CONTACT: 

Kevin McKay, Branch Chief, Realty 

Management, National Park Service, 

Land Resources Division. Phone: (303) 

978–6760; email: Kevin_McKay@

nps.gov. Individuals in the United 

States who are deaf, deafblind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, the plain language 

summary of this rule is available on 

https://www.regulations.gov in the 

docket for this rulemaking. 

SUPPLEMENTARY INFORMATION: 

Background 

Legal Authority for ROWs 

The National Park System includes 

any area of land or water administered 

by the NPS. 54 U.S.C. 100501. The 

mission of the NPS is to preserve 

unimpaired the natural and cultural 

resources and values of the National 

Park System for the enjoyment of this 

and future generations. 54 U.S.C. 

100101. Since it was created in 1916, 

the National Park System has expanded 

to 431 units covering more than 85 

million acres in all 50 states, the District 

of Columbia, and U.S. territories. A 

general statutory authority, codified at 

54 U.S.C. 100902, allows the Secretary 

of the Interior, acting through the NPS, 

to issue ROW permits for public utilities 

and communication facilities within 

System units. Specifically, this 

authority authorizes the NPS to issue 

ROW permits for: 

• electrical plants, poles, and lines for 

the generation, transmission, and 

distribution of electrical power; 

• telephone and telegraph purposes; 

• canals, ditches, pipes and pipe 

lines, flumes, tunnels, or other water 

conduits and water plants, dams, and 

reservoirs used to promote irrigation or 

mining or quarrying, or the 

manufacturing or cutting of timber or 

lumber, or the supplying of water for 

domestic, public, or any other beneficial 

uses; 

• poles and lines for communication 

purposes; and 

• radio, television, and other forms of 

communication transmitting, relay, and 

receiving structures and facilities. 

The NPS may not issue a ROW permit 

for any purpose that is not identified in 

54 U.S.C. 100902, unless the NPS is 

separately authorized to do so by law, 

such as through the Alaska National 

Interest Lands Conservation Act 

(ANILCA) or legislation specific to a 

System unit. In limited circumstances 

such as where authorized by legislation 

specific to a System unit, or where 

exclusively serving NPS facilities or 

authorized concessioner facilities, the 

NPS may issue ROW permits to utilities 

for the operation and maintenance of 

petroleum product pipelines. 

Under the general authority in 54 

U.S.C. 100902, a ROW shall be allowed 

within a National Park System unit only 

on the approval of the Secretary, acting 

through the NPS. The NPS may issue a 

ROW permit only on a finding that the 

ROW is not incompatible with the 

public interest. The statute establishes 

duration and size limits for ROWs and 

authorizes the NPS to revoke ROW 

permits. The Secretary, acting through 

the NPS, is authorized to implement the 

statute through regulations. 

Before 1980, the NPS managed ROW 

permits under Bureau of Land 

Management (BLM) regulations at 43 

CFR 2800. Those regulations no longer 

applied to System units after BLM 

revised them in 1980. That same year, 

the NPS promulgated its own 

regulations (45 FR 47092) that matched 

the provisions of 43 CFR 2800, with 

some editorial changes. The NPS 

regulations are codified at 36 CFR part 

14 and have not been revised since, 

except for minor changes in 1995 (60 FR 

55789 at 55791) and 2018 (83 FR 2069). 

The NPS regulations are organized into 

eight subparts, with an Appendix, as 

follows: 

Subpart of 36 CFR part 14 Sections 

Subpart A—Rights-of-Way: General ............................................................................................................................................. 14.1–14.2 

Subpart B—Nature of Interest ....................................................................................................................................................... 14.5–14.10 


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