Rule2024-15283
Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 12, 2024
Effective
July 12, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 134 (Friday, July 12, 2024)</title>
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[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Rules and Regulations]
[Pages 57089-57090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15283]
[[Page 57089]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0571]
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 without actual notice from July 12, 2024,
through July 30, 2024. For the purposes of enforcement, actual notice
will be used from July 6, 2024, until July 12, 2024. It will be subject
to enforcement each day it is in effect, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0571 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 <a href="/cdn-cgi/l/email-protection#50113e24383f3e297e1d7e1731223f36313c3f10252333377e3d393c"><span class="__cf_email__" data-cfemail="20614e54484f4e590e6d0e6741524f46414c4f60555343470e4d494c">[email protected]</span></a>.
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 rule is
intended to protect personnel, vessels, and the marine environment from
potential hazards associated with removal of the pipelines. Removal of
the pipelines has begun, and it would be contrary to the public
interest to delay the effective date of the rule 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 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 its purpose and it would be
contrary to the public interest to delay its effective date now that
the hazardous activities have begun.
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 underwater 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 it is
in effect. 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, 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 zone. The safety zone covers less
than 0.5 square mile area of the Corpus Christi Ship Channel in Texas.
The temporary safety zone will be subject to enforcement for a period
of nine consecutive hours, each day of the month of July. 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, does not
apply to rules not subject to notice and comment. As the Coast Guard
has, for good cause, waived notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
provisions do not apply here.
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.
[[Page 57090]]
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.
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.T08-0571 to read as follows:
Sec. 165.T08-0571 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 July 6, 2024,
through July 30, 2024.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into these temporary safety zones is
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: July 6, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-15283 Filed 7-11-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.