Rule2025-06947
Safety Zone; Matagorda Ship Channel, Port Lavaca, TX
Primary source
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Published
April 23, 2025
Effective
April 23, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Matagorda Ship Channel. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the repair of submerged dredge pipeline in the Matagorda Ship Channel. 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 90 Issue 77 (Wednesday, April 23, 2025)</title>
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[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Rules and Regulations]
[Pages 17008-17010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06947]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0328]
RIN 1625-AA00
Safety Zone; Matagorda Ship Channel, Port Lavaca, 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 Matagorda Ship Channel. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by the repair of submerged dredge
pipeline in the Matagorda Ship Channel. 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
April 14, 2025, until April 23, 2025. This rule is effective without
actual notice from April 23, 2025, through June 06, 2025. It will be
subject to enforcement each day it is in effect, between the hours of 6
p.m. to 6 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-
2025-0328 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 Timothy Cardenas, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-
5130, email <a href="/cdn-cgi/l/email-protection#97c3fefaf8e3ffeeb9ddb9d4f6e5f3f2f9f6e4d7e2e4f4f0b9fafefb"><span class="__cf_email__" data-cfemail="4d192420223925346307630e2c3f2928232c3e0d383e2e2a63202421">[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 repair of a pipeline, including the
deployment of heavy equipment which will obstruct vessel traffic,
continuous diving operations, and various other activities
[[Page 17009]]
which create underwater hazards for workers and the public. The Coast
Guard was notified of this repair work April 7, 2025, and thus, there
is insufficient time to publish an NPRM because the safety zone must be
established by April 14, 2025.
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. Delaying the effective date of
this safety zone is impracticable because it must be in effect by April
14, 2025, when pipeline repair operations begin, to respond to
potential safety hazards.
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 repair
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 for workers and the public.
IV. Discussion of the Rule
This rule establishes a safety zone from April 14, 2025, through
June 6, 2025. The rule is subject to enforcement from 6 p.m. to 6 a.m.
each day it is in effect. The safety zone will cover all navigable
waters near pipeline repair operations, inside the area encompassed by
a line connecting the following points: beginning at Point 1:
28[deg]34'58.78'' N, 96[deg]33'08.69'' W; thence to Point 2:
28[deg]35'00.96'' N, 96[deg]32'49.79'' W; thence to Point 3:
28[deg]35'08.91'' N, 96[deg]33'04.94'' W; thence to Point 4:
28[deg]35'09.87'' N, 96[deg]32'50.23'' W; thence returning to Point 1.
No vessel or person will be permitted to enter the temporary safety
zone 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 to inform
the public of these restrictions.
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.
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. 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 1 square mile area of the Matagorda Ship Channel in Texas and will
be enforced during overnight hours when there is less traffic. The
temporary safety zone will be subject to enforcement for a period of 12
consecutive hours each day of the period, from April 14, 2025, to June
6, 2025. Vessels may be allowed to transit through the zone during the
enforcement period with the prior approval of the COTP.
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. 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.
[[Page 17010]]
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 zone for navigable waters in the
Matagorda Ship Channel lasting 12 hours per day for 54 days. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by submerged pipeline repair
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.
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.T08-0328 to read as follows:
Sec. 165.T08-0328 Safety Zone; Matagorda Ship Channel, Port Lavaca,
TX
(a) Location. The safety zone includes all navigable waters of the
Matagorda Ship Channel, from the surface to bottom, encompassed by a
line connecting the following points: beginning at Point 1:
28[deg]34'58.78'' N, 96[deg]33'08.69'' W; thence to Point 2:
28[deg]35'00.96'' N, 96[deg]32'49.79'' W; thence to Point 3:
28[deg]35'08.91'' N, 96[deg]33'04.94'' W; thence to Point 4:
28[deg]35'09.87'' N, 96[deg]32'50.23'' W; thence returning to Point 1.
These coordinates are based on World Geodetic System (WGS) 84.
(b) Enforcement period. This section will be subject to enforcement
from 6 p.m. to 6 a.m. each day in the period, from April 14, 2025,
through June 6, 2025.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into the temporary, fixed safety zone described in
paragraph (a) is prohibited unless authorized by the COTP or a
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 shall comply
with the instructions of the COTP or 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 and Safety Marine
Information Broadcasts.
Dated: April 11, 2025.
Torrey H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2025-06947 Filed 4-22-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 23, 2025.
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