9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0518]
RIN 1625-AA00
Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary, moving safety zone for all
navigable waters of the La Quinta and Corpus Christi Shipping Channel between gated
pair lights 11 and 12 to the sea buoy. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards arising from the towing of
the rig Valaris 144. 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 June 10, 2024, through June
16, 2024. The rule will be subject to enforcement between 6 a.m. and 2 p.m. during that
period.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0518 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 Commander Anthony Garofalo, Sector Corpus Christi

Waterways Management Division, U.S. Coast Guard; telephone 361-939-5130, e-mail
Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
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 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 the possibility that
the rig, a Floating Production Unit being towed by a heavy-lift vessel, could separate
from the towing vessel and float off, and we 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
there are fewer than 30 days left before the towing is to occur, and publication of this rule
is needed to respond to the potential safety hazards associated with towing the offshore
rig through the La Quinta Channel and Corpus Christi Shipping 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 hazards inherent
in the towing of the rig Valaris 144, which will take place between June 10, 2024, and
June 16, 2024, will be a safety concern for anyone within the La Quinta and Corpus
Christi Shipping Channel between gated pair lights 11 and 12 and the sea buoy. The
purpose of this rule is to protect the marine environment, and to ensure safety of vessels
and persons on these navigable waters who might be present in the safety zone while the
rig is being towed but for the existence of the safety zone.
IV. Discussion of the Rule
This rule is subject to enforcement from 6 a.m. to 2 p. m. each day from June 10,
2024, through June 16, 2024. The transit will begin at the sea buoy to Kiewit Offshore
Services facility, adjacent to the La Quinta Channel between gated pair lights 11 and 12.
No vessel or person will be permitted to enter the temporary, moving 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 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, 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. This safety zone covers a 5 nautical mile area of the La Quinta and
Corpus Christi Shipping Channel near Ingleside, TX. The temporary, moving safety zone
will be subject to enforcement for a period from 6 a.m. to 2 p. m. each day from June 10,
2024, through June 16, 2024. The rule does not completely prohibit vessel traffic within
the waterway, and it 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
moving 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 (Public Law 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 establishment of a temporary moving safety zone for
navigable waters of the La Quinta Channel between gated pair lights 11 and 12 from the
sea buoy. The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the rig Valaris 144 while it is towed to
Kiewit Offshore Services. It is categorically excluded from further review under
paragraph L60(c), 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
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.
2. Add § 165.T08-0518 to read as follows:
§ 165.T08-0518 Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside,
TX
(a) Location. The following area is a safety zone: all navigable waters of the La
Quinta Channel between gated pair lights 11 and 12 to the sea buoy. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by the Captain of the
Port Sector Corpus Christi (COTP) or a designated representative.
(b) Enforcement period. This section will be subject to enforcement from 6 a.m.
to 2 p. m. each day from June 10, 2024, through June 16, 2024.
(c) Regulations. (1) In accordance with the general regulations in § 165.23 of this
part, entry into this temporary, moving safety zone 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, Local Notices to Mariners, and/or Safety Marine Information
Broadcasts as appropriate.

Dated: June 10, 2024

Jason Gunning,
CAPTAIN, U.S. Coast Guard,
Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-13139 Filed: 6/13/2024 8:45 am; Publication Date: 6/14/2024]