Rule2024-28477
Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX
Primary source
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Published
December 5, 2024
Effective
December 5, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving security zone 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 zone is 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 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 234 (Thursday, December 5, 2024)</title>
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[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Rules and Regulations]
[Pages 96533-96535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28477]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1058]
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 a temporary moving security
zone 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
zone is 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 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 December 5,
2024 until December 16, 2024. For the purposes of enforcement, actual
notice will be used from December 1, 2024, until December 5, 2024.
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-
2024-1058 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, email
<a href="/cdn-cgi/l/email-protection#0d596460627965742347234e6c7f6968636c7e4d787e6e6a23606461"><span class="__cf_email__" data-cfemail="cf9ba6a2a0bba7b6e185e18caebdabaaa1aebc8fbabcaca8e1a2a6a3">[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 under the authority
in 5 U.S.C. 553(b)(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. The Coast Guard was notified of these
vessels' transit and cargo on November 22, 2024. There is insufficient
time to publish an NPRM before this operation because the security zone
must be established by December 1, 2024, to ensure security of the
vessels and the surrounding area and there is insufficient time to
provide a reasonable comment period and to consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 quick action
is needed to provide for the security of this vessel and its
surroundings while it is in transit.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this security zone regulation 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) CLEAN FUTURE and
HELLAS DIANA. There is a security concern within a 500-yard radius of
these vessels when they are loaded and are transiting while loaded.
This rule is needed to provide for the safety and security of the
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 vessel is transiting within Corpus Christi,
TX.
IV. Discussion of the Rule
The Coast Guard is establishing a 500-yard radius, temporary,
moving security zone around M/Vs CLEAN FUTURE and HELLAS DIANA. Other
mariners and vessels will be able to identify the security zone because
of the M/Vs CLEAN FUTURE and HELLAS DIANA's names clearly marked on
their stern, and port and starboard sides. The zone for the vessels
will be effective from December 1, 2024, through December 16, 2024, and
will be enforced when the vessels are cargo loaded and transiting the
Corpus Christi Ship Channel and La Quinta Ship Channel 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 vessel is traveling within the La Quinta
Ship Channels and Corpus Christi Ship 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 and 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 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 vessel in the
Corpus Christi Ship Channel and La Quinta Ship Channel as the vessel
[[Page 96534]]
transits these channels over a period of approximately four hours or
less. 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 the zone.
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 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. 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 a moving security zone lasting for the
duration of time that the M/V CLEAN FUTURE and HELLAS DIANA is 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 CLEAN
FUTURE and HELLAS DIANA while the vessel is transiting loaded within
Corpus Christi Ship Channel and La Quinta Ship 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.T08-1058 to read as follows:
Sec. 165.T08-1058 Security Zones; Corpus Christi Ship Channel.
Corpus Christi, TX.
(a) Location. The following area is a moving security zone: All
navigable waters encompassing a 500-yard radius around the M/V CLEAN
FUTURE and HELLAS DIANA while the vessel loaded with cargo and is in
the Corpus Christi Ship Channel and the La Quinta Ship Channel.
(b) Enforcement period. This section will be enforced during the
times each ship is loaded and underway.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. A designated representative is a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard
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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.
(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 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 through Broadcast Notices to Mariners (BNMs) and
Marine Safety Information Bulletins (MSIBs) of the enforcement times
and dates for this security zone.
Dated: November 29, 2024.
J.J. Andrew,
Captain, U.S. Coast Guard, Captain of the Port (Acting), Sector Corpus
Christi.
[FR Doc. 2024-28477 Filed 12-4-24; 8:45 am]
BILLING CODE 9110-04-P
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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.