Rule2024-25364
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
October 31, 2024
Effective
October 31, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the La Quinta Ship Channel. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by module loadout operations at Kiewit Offshore Services, between the Jewell Fulton Channel and La Quinta Channel Day Beacon 13. 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 211 (Thursday, October 31, 2024)</title>
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[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86739-86741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25364]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0967]
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 La Quinta Ship Channel. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by module loadout operations at Kiewit
Offshore Services, between the Jewell Fulton Channel and La Quinta
Channel Day Beacon 13. 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: For the purposes of enforcement, actual notice will be used from
5 a.m. on October 28, 2024, through October 31, 2024. This rule is
effective without actual notice from October 31, 2024 through 8 p.m. on
November 4, 2024.
The rule will be subject to enforcement on only one day during the
period, depending on weather, from 5 a.m. to 8 p.m. that 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-
2024-0967 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#e4b08d898b908c9dcaaecaa7859680818a8597a491978783ca898d88"><span class="__cf_email__" data-cfemail="80d4e9edeff4e8f9aecaaec3e1f2e4e5eee1f3c0f5f3e3e7aeede9ec">[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
[[Page 86740]]
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)(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. This rule is intended to protect
personnel, vessels, and the marine environment from potential hazards
associated with the movement of large rigs. The Coast Guard was
notified of this request October 16, 2024, and there is insufficient
time to publish an NPRM before this operation because the safety zone
must be established by October 28, 2024.
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 impracticable because prompt action is needed to
respond to potential safety hazards associated with the module loadout
operations beginning October 28, 2024.
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 these module loadout operations
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
and the movement of large offshore rigs which will obstruct vessel
traffic while module loadout operations are conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from October 28, 2024, through
November 4, 2024. The rule is subject to enforcement from 5 a.m. to 8
p.m. each day it is in effect. We anticipate the rule will be enforced
on one day during the period, which the Coast Guard will announce
through Broadcast Notices to Mariners, Marine Safety Information
Bulletins, and Channel 16 VHF-FM. The safety zone will cover all
navigable waters in the La Quinta Ship Channel between the Jewell
Fulton Channel and La Quinta Channel Day Beacon 13, near module
movement 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 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, 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 a one-square-mile area of the La Quinta Ship Channel. The
temporary safety zone will be subject to enforcement for a period of
fifteen consecutive hours each day of the effective period, from
October 28, 2024, through November 4, 2024. However, we anticipate that
it will only be enforced for one day.
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.
[[Page 86741]]
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 moving
safety zone for navigable waters of the Corpus Christi and La Quinta
Shipping Channel beginning at the sea buoy to Kiewit Offshore Services.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by module loadout
operations. 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.
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.T08-0967 to read as follows:
Sec. 165.T08-0967 Safety Zone; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. The following area is a safety zone: All navigable
waters of the La Quinta Ship Channel, from the surface to bottom,
between the Jewell Fulton Channel and La Quinta Channel Day Beacon 13,
encompassed by a line connecting the following points beginning at
Point 1: 27[deg]51'31.7'' N, 97[deg]14'28.4'' W, thence to Point 2:
27[deg]51'24.0'' N, 97[deg]14'43.6'' W, thence to Point 3:
27[deg]50'28.9'' N, 97[deg]14'12.7'' W, thence to Point 4:
27[deg]50'42.2'' N, 97[deg]13'47.6'' W. These coordinates are based on
World Geodetic System (WGS) 84.
(b) Enforcement period. This section will be subject to enforcement
from 5 a.m. to 8 p.m. each day in the period, from October 28, 2024,
through November 4, 2024.
(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 Captain of the
Port Corpus Christ (COTP) or the COTP's designated representative. They
may be contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at
361-939-0450.
(2) 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 of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Safety Marine
Information Broadcasts, and Channel 16 VHF-FM.
(e) 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
Corpus Christi in the enforcement of the safety zone.
Dated: October 25, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25364 Filed 10-30-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 31, 2024.
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