Rule2024-25711
Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX
Primary source
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Published
November 5, 2024
Effective
November 5, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary moving security zones for navigable waters within a 500-yard radius of certain vessels carrying cargo requiring an elevated level of security in the Corpus Christi Ship Channel and the La Quinta Channel. The temporary security zones are needed to protect the vessels, the cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or events of a similar nature. Entry of vessels or persons into these zones are 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 214 (Tuesday, November 5, 2024)</title>
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[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87789-87791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25711]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0975]
RIN 1625-AA87
Security 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 temporary moving security
zones for navigable waters within a 500-yard radius of certain vessels
carrying cargo requiring an elevated level of security in the Corpus
Christi Ship Channel and the La Quinta Channel. The temporary security
zones are needed to protect the vessels, the cargo, and the surrounding
waterway from terrorist acts, sabotage, or other subversive acts,
accidents, or events of a similar nature. Entry of vessels or persons
into these zones are 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
October 29, 2024, until November 5, 2024. This rule is effective
without actual notice from November 5, 2024, through November 10, 2024.
It will be subject to enforcement each day it is in effect, and when
the vessels are loaded and transiting the channels.
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-
2024-0975 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 Tim Cardenas, Sector Corpus Christi Waterways
Management Division, U.S. Coast Guard; telephone 361-939-5130,
<a href="/cdn-cgi/l/email-protection#5d38303c34310934307317731e3c2f3938333c2e1d282e3e3a73303431"><span class="__cf_email__" data-cfemail="a3c6cec2cacff7cace8de98de0c2d1c7c6cdc2d0e3d6d0c0c48dcecacf">[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 87790]]
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.'' 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. The Coast Guard was notified October
21, 2024 the need to establish this security zone by October 29, 2024,
to ensure security of certain vessels and the surrounding area and
lacks sufficient time to request public comments and respond to these
comments before the safety zone must be established. As such, it is
impracticable to publish an NPRM.
Additionally, 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
provide for the security of these vessels while they are in transit and
carrying potentially dangerous cargo in need of elevated security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing these security zone regulations under
the authority in 46 U.S.C. 70051 and 70124. The Captain of the Port,
Sector Corpus Christi (COTP) has determined that potential hazards are
associated with the transit of the Motor Vessels (M/V) GLOBAL SEALINE
and MOL HESTIA. There is a security concern within a 500-yard radius of
these vessels when they are loaded. This rule is needed to provide for
the safety and security of these vessels, their cargo, and the
surrounding waterway from terrorist acts, sabotage, or other subversive
acts, accidents, or other events of a similar nature while the vessels
are transiting in a loaded condition.
IV. Discussion of the Rule
The Coast Guard is establishing 500-yard radius, temporary, moving
security zones around M/V GLOBAL SEALINE and MOL HESTIA within the
navigable waters of the Corpus Christi Ship Channel and the La Quinta
Channel. The public will easily be able to identify these vessels
because their names are clearly marked on the port and starboard bow
and the stern of each vessel. The zones for these vessels will be
effective from October 29, 2024, through November 10, 2024, to protect
the vessels, their cargo, and the surrounding waterways from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature while the vessels are traveling within the La Quinta
Channel and the Corpus Christi Ship Channel. The zones will be enforced
only during the time the vessels are transiting the channels.
No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative. 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
Captain of the Port, USCG Sector Corpus Christi (COTP) in the
enforcement of the security zone. Persons or vessels desiring to enter
or pass through each zone must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 361-
939-0450. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative. The
COTP or a designated representative will inform the public through
Broadcast Notices to Mariners (BNMs) and/or Marine Safety Information
Bulletins (MSIBs) as appropriate for the enforcement times and dates
for the security zone.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule is not subject to review by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
duration, and location of the security zone. This rule will impact a
small, designated area of 500-yards around the moving vessels in the
Corpus Christi Ship Channel and La Quinta Ship Channel as these vessels
transit the channel over a thirteen-day period. Most vessels will be
able to move around the security zone and therefore the impediment to
the movement of other vessels will be minimal. Moreover, the rule
allows other vessels to seek permission to enter or pass through each
zone may request permission from the COTP or a designated
representative on VHF-FM channel 16 or by telephone at 361-939-0450.
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 security 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
[[Page 87791]]
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 moving
security zones lasting for the duration of time that the M/V GLOBAL
SEALINE and MOL HESTIA are within the Corpus Christi Ship Channel and
La Quinta Channel while loaded with cargo. It will prohibit entry
within a 500-yard radius of the M/V GLOBAL SEALINE and MOL HESTIA while
the vessels are transiting loaded within Corpus Christi Ship Channel
and La Quinta Channel. It is categorically excluded from further review
under 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.T08-0975 to read as follows:
Sec. 165.T08-0975 Security Zones; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. All navigable waters encompassing a 500-yard radius
around the M/V GLOBAL SEALINE and MOL HESTIA, while the vessels are
loaded and in the Corpus Christi Ship Channel and the La Quinta
Channel.
(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 Captain of the Port, USCG Sector Corpus Christi (COTP) in
the enforcement of the security zone.
(c) Effective period. This section will be in effect from October
29, 2024, through November 10, 2024. This section will be enforced when
any of the vessels are in the specified channels and carrying cargo.
(d) Regulations. (1) The general security zone regulations in
subpart D of this part apply. Entry into the zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a
designated representative.
(2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at 361-939-0450.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
this security zone.
Dated: October 28, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-25711 Filed 11-4-24; 8:45 am]
BILLING CODE 9110-04-P
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