[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Rules and Regulations]
[Pages 24321-24322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10584]
[[Page 24321]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0514]
RIN 1625-AA00
Safety Zone; Corpus Christi Ship Channel, Port Aransas, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters within a 500-yard radius of the rig JOLLIET. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created while it is towed to Aransas
Terminals. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Corpus Christi.
DATES: This rule is effective June 10, 2025, through June 17, 2025. The
safety zone established by this rule will be enforced on only one day
during this period, approximately between the hours of 6 a.m. and 6
p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0514 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, Timothy Cardenas, Waterways Management
Division, U.S. Coast Guard, telephone (361) 244-4784, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 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. The Coast Guard was notified on June 2, 2025, of this
towing operation, and must establish this safety zone by June 10, 2025,
to protect personnel, vessels, and the marine environment. There are
potential hazards created by the possibility that the rig JOLLIET could
separate from the towing vessel and float free. We lack sufficient time
to provide comment period and then consider those comments before
issuing the rule.
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 contrary to the public interest because there are
fewer than 30 days left before the towing is to occur, and publication
of this rule is needed to respond to the potential safety hazards
associated with towing the rig through the Corpus Christi Shipping
Channel.
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 potential hazards inherent in the towing of the rig
JOLLIET, which will take place between June 10, 2025, and June 17,
2025, will be a safety concern for anyone within 500-yards of the rig
as it transits the Corpus Christi Shipping Channel between the sea buoy
and Aransas Terminal. The purpose of this rule is to protect the marine
environment, and to ensure safety of vessels and persons on these
navigable waters who might be present in the safety zone while the rig
is being towed.
IV. Discussion of the Rule
The Coast Guard is establishing a 500-yard radius, temporary,
moving safety zone around the rig JOLLIET. This rule is effective from
June 10, 2025, through June 17, 2025, but will be enforced only one day
during this period, between the hours of 6 a.m. and 6 p.m. The
enforcement days will be determined based on weather, and the beginning
and ending of the transit of the rig JOLLIET, beginning at the sea buoy
and ending at Aransas Terminal. No vessel or person will be permitted
to enter the temporary, moving safety zone 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 361-939-0450. 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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This moving safety zone will
only restrict vessel movement in the area around the rig JOLLIET as it
is towed along a five nautical mile length of the Corpus Christi
Shipping Channel near Port Aransas, TX, from the sea buoy to Aransas
Terminal. The temporary, moving safety zone will be subject to
enforcement for one 12-hour period from 6 a.m. to 6 p.m., between June
10, 2025, and June 17, 2025.
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 moving safety zone may be small entities, for the reasons
stated in section V.A above, this rule will not
[[Page 24322]]
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 will 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.
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
establishment of a temporary moving safety zone around a rig platform
under tow on the navigable waters of the Corpus Christi Shipping
Channel beginning at the sea buoy to Aransas Terminal. The safety zone
will be enforced for approximately 12 hours during the towing
evolution. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the rig
JOLLIET as it is towed. It is categorically excluded from further
review under paragraph L60(a) of 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.
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
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. 01.4.
0
2. Add Sec. 165.T08-0514 to read as follows:
Sec. 165.T08-0514 Safety Zone; Corpus Christi Shipping Channel, Port
Aransas, TX.
(a) Location. The following area is a safety zone: all navigable
waters encompassing a 500-yard radius around the rig JOLLIET as it is
being towed in the Corpus Christi Shipping Channel, from the sea buoy
to Aransas Terminal. Entry of vessels of persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a designated representative.
(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 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 Channel 16 VHF-FM (156. 8 MHz) or by telephone at
(361) 939-0450. 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 section is effective from June 10,
2025, through June 17, 2025, but will be enforced only one day during
this period, between the hours of 6 a.m. and 6 p.m. approximately. The
enforcement day will be determined based on weather, and the COTP or a
designated representative will inform the public of the enforcement
date and times for the safety zone through Broadcast Notice to Mariners
and Safety Marine Information Broadcasts.
Dated: June 4, 2025.
Torrey H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-10584 Filed 6-6-25; 4:15 pm]
BILLING CODE 9110-04-P