Rule2024-22121
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
September 27, 2024
Effective
September 27, 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 gated pair lights 31 and 32. 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 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79144-79146]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22121]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0872]
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 gated pair
lights 31 and 32. 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 September 27,
2024, through October 31, 2024. For the purposes of enforcement, actual
notice will be used from September 23, 2024, until September 27, 2024.
It will be subject to enforcement each day it is in effect, between the
hours of 9 p.m. to 3 a.m.
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-
2024-0872 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 Timothy Cardenas, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-
5130, email <a href="/cdn-cgi/l/email-protection#5b0f3236342f3322751175183a293f3e353a281b2e28383c75363237"><span class="__cf_email__" data-cfemail="66320f0b09120e1f482c4825071402030807152613150501480b0f0a">[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 pipeline, include the
deployment of heavy equipment which will obstruct vessel traffic,
continuous diving
[[Page 79145]]
operations, and various other activities which create underwater
hazards while people are working. There is insufficient time to publish
an NPRM because the safety zone must be established by September 23,
2024.
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 by September 23, 2024, when pipeline removal operations 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 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 establishes a safety zone from September 23, 2024,
through October 31, 2024. The rule is subject to enforcement from 9
p.m. to 3 a.m. each day it is in effect. The safety zone will cover all
navigable waters in the Corpus Christi Ship Channel near gated pair
lights 31 and 32, near pipeline removal operations. 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 six consecutive hours each day of the period, from September 23,
2024, to October 31, 2024.
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
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
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 safety
[[Page 79146]]
zone for navigable waters in the Corpus Christi Bay lasting 6 hours per
day for 36 days. 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.T08-0872 to read as follows:
Sec. 165.T08-0872 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]49'18.48'' N, 97[deg]11'15.87'' W,
thence to Point 2: 27[deg]49'6.33'' N, 97[deg]11'13.00'' W, thence to
Point 3: 27[deg]49'19.49'' N, 97[deg]11'10.42'' W, thence to Point 4:
27[deg]49'7.35'' N, 97[deg]11'7.55'' 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 9 p.m. to 3 a.m. each day in the period, from September 23, 2024,
through October 31, 2024.
(d) Regulations. (1) In accordance with the general safety zone
regulations in subpart C of this part, entry into the temporary safety
zones described in paragraph (a) of this section 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: September 23, 2024
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-22121 Filed 9-26-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 27, 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.