Safety Zone; Corpus Christi Ship Channel, Mile Markers 19 and 20, Victoria, TX

CourtCoast Guard
Citation86 FR 72188
Record Number2021-27548
Publication Date21 December 2021
Federal Register, Volume 86 Issue 242 (Tuesday, December 21, 2021)
[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
                [Rules and Regulations]
                [Pages 72188-72190]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-27548]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2021-0916]
                RIN 1625-AA00
                Safety Zone; Corpus Christi Ship Channel, Mile Markers 19 and 20,
                Victoria, TX
                AGENCY: Coast Guard, Department of Homeland Security (DHS).
                ACTION: Temporary final rule.
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                SUMMARY: The Coast Guard is establishing a temporary safety zone for
                all navigable waters of the Corpus Christi Ship Channel, between mile
                markers 19 and 20. The safety zone is needed to protect personnel,
                vessels, and the marine environment from potential hazards created by
                pipelines that will be removed from the floor of the Corpus Christi
                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: This rule is effective from 10 a.m. through 2:30 p.m. every day
                from December 21, 2021, until December 22, 2021. For the purposes of
                enforcement, actual notice will be used from December 15, 2021, until
                December 21, 2021.
                FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
                call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
                Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
                939-5130, email [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                CFR Code of Federal Regulations
                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
                [[Page 72189]]
                opportunity to comment pursuant to authority under section 4(a) of the
                Administrative Procedure Act (APA) (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. We must
                establish this safety zone immediately to protect personnel, vessels,
                and the marine environment from potential hazards created by pipelines
                removal operations and lack sufficient time to provide a reasonable
                comment period and then consider those comments before issuing the
                rule.
                 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 contrary to the public interest because immediate
                action is needed to respond to the potential safety hazards associated
                with pipeline removal operations in the Corpus Christi Ship Channel.
                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 potential hazards associated with pipeline removal
                operations occurring from 10 a.m. through 2:30 p.m. every day from
                December 15, 2021, through December 22, 2021, will be a safety concern
                for anyone within the Corpus Christi Ship Channel between mile markers
                19 and 20. The purpose of this rule is to ensure safety of vessels and
                persons on these navigable waters in the safety zone while pipelines
                are removed from the floor of the Corpus Christi Ship Channel.
                IV. Discussion of the Rule
                 This rule establishes a temporary safety zone from 10 a.m. through
                2:30 p.m. every day from December 15, 2021, through December 22, 2021.
                The safety zone will encompass all navigable waters of the Corpus
                Christi Ship Channel defined by the following coordinates;
                27[deg]49'27'' N, 097[deg]8'38'' W; 27[deg]49'34'' N, 097[deg]8'41'' W;
                27[deg]49'26'' N, 097[deg]8'29'' W; 27[deg]49'35'' N, 097[deg]8'31'' W.
                The pipeline will be removed along the floor of the Corpus Christi Ship
                Channel. No vessel or person is permitted to enter the temporary safety
                zone during the effective period 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 361-939-0450. 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. 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 temporary safety zone of
                1,300 feet by 1,900 feet will be enforced for a short period of only
                4.5 hours every day. The rule does not completely restrict the traffic
                within a waterway and allows mariners to request 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 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
                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.
                [[Page 72190]]
                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 safety
                zone for navigable waters of the Corpus Christi Ship Channel between
                markers 19 and 20. The safety zone is needed to protect personnel,
                vessels, and the marine environment from potential hazards created by
                pipeline that will be removed from the floor of the Corpus Christi Ship
                Channel. It is categorically excluded from further review under
                paragraph L60(c) Appendix A, Table 1 of DHS Instruction Manual 023-01-
                001-01, Rev. 1. A record of environmental consideration is not
                necessary, but will be added to the docket if needed.
                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; 33 CFR 1.05-1, 6.04-1, 6.04-
                6, and 160.5; Department of Homeland Security Delegation No.
                00170.1, Revision No. 01.2.
                0
                2. Add Sec. 165.T08-0916 to read as follows:
                Sec. 165.T08-0916 Safety Zone; Corpus Christi Ship Channel, Miler
                Markers 19 to 20, Victoria, TX.
                 (a) Location. The following area is a safety zone: All navigable
                waters of the Corpus Christi Ship Channel defined by the following
                coordinates; 27[deg]49'27'' N, 097[deg]8'38'' W; 27[deg]49'34'' N,
                097[deg]8'41'' W; 27[deg]49'26'' N, 097[deg]8'29'' W; 27[deg]49'35'' N,
                097[deg]8'31'' W.
                 (b) Effective period. This section is effective from 10 a.m.
                through 2:30 p.m. every day from December 21, 2021, until December 22,
                2021. For the purposes of enforcement, actual notice will be used from
                December 15, 2021, until December 21, 2021.
                 (c) Regulations. (1) According to the general regulations in Sec.
                165.23, entry into this temporary safety zone 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 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, Local Notices to
                Mariners, and/or Safety Marine Information Broadcasts as appropriate.
                H.C. Govertsen,
                Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
                [FR Doc. 2021-27548 Filed 12-20-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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