[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28638-28640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08411]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0314]
RIN 1625-AA00


Safety 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 a temporary safety zone for 
certain navigable waters of the Corpus Christi Ship Channel. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the removal of pipeline 
from the floor of the Corpus Christi Ship Channel near mile markers 55 
and 56. 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 from April 22, 2024, through May 31, 
2024. It will be subject to enforcement each and every day, between the 
hours of 8 p.m. of one day to 6 a.m. of the next day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0314 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 Commander Anthony Garofalo, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

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

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). 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. This safety zone 
must be in place by April 22 to protect personnel, vessels, and the 
marine environment from potential hazards associated with removal of 
the pipelines and there is insufficient time between now and April 22 
to provide notice of a proposal to create these safety zones, consider 
comments received, and publish a final rule.
    In addition, the Coast Guard finds that good cause also exists 
under 5 U.S.C. 553(d)(3) for making this rule effective less than 30 
days after publication in the Federal Register because the safety zone 
must be in effect less than 30 days from now to serve their purpose and 
it would be contrary to the public interest to delay its effective date 
until after the hazardous activities begin.

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 blocking the channel for pipeline 
removal activities 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 which will obstruct vessel traffic, 
continuous diving operations, and various other activities which create 
underwater hazards while people are working.

IV. Discussion of the Rule

    This rule is subject to overnight enforcement, starting from 8 p.m. 
of the first day, to 6 a.m., of the next day, each and every day, from 
April 22, 2024 through May 31, 2024. 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

[[Page 28639]]

(156.8 MHz) or by telephone at 1-800-874-2143. The Coast Guard will 
issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or 
Safety Marine Information Broadcasts as appropriate.

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 zones. The safety zones cover less 
than 0.5 square mile area of the Corpus Christi Ship Channel in Texas. 
The temporary safety zones will be subject to enforcement for a period 
of 9 consecutive hours, from April 22, 2024 through May 31, 2024. The 
rule does not completely prohibit vessel traffic within the waterway 
and it allows mariners to request permission to enter the zones.

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 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 
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 establishment of a temporary safety 
zone for navigable waters in the Corpus Christi Bay. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by pipeline removal activities that may 
include deployment of heavy equipment which will obstruct vessel 
traffic, continuous diver's operations, and various other activities 
which create underwater hazards while people are working. 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. 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.

[[Page 28640]]

    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.T08-0314 to read as follows:


Sec.  165.T08-0314  Safety Zone; Corpus Christi Ship Channel, Corpus 
Christi, TX

    (a) Location. The safety zone will be within the following area: 
All navigable waters of the Corpus Christi Ship Channel, from the 
surface to bottom, encompassed by a line connecting the following 
points beginning at Point 1: 27[deg]48'47.41'' N, 97[deg]16'49.55'' W, 
thence to Point 2: 27[deg]48'46.55'' N, 97[deg]16'54.8'' W, thence to 
Point 3: 27[deg]48'28.48'' N, 97[deg]16'58.94'' W, thence to Point 4: 
27[deg]48'28.04'' N, 97[deg]16'51.42'' W. These coordinates are based 
on World Geodetic System (WGS) 84.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol officer, 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, Port Arthur, TX 
(COTP), in the enforcement of the safety zone.
    (c) Enforcement period. This section will be subject to enforcement 
from 8 p.m. to 6 a.m. of the next day, on each day, from April 22, 2024 
through May 31, 2024.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into the temporary safety zones 
described in paragraph (a) of this section are prohibited unless 
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a 
designated representative. They may be contacted on Channel 16 VHF-FM 
(156.8 MHz) or by telephone at 1-800-874-2143.
    (2) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (e) 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, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

     Dated: April 15, 2024.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-08411 Filed 4-18-24; 8:45 am]
BILLING CODE 9110-04-P