9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0006]
RIN 1625-AA00
Safety Zone; Captain of the Port Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable
waters of the Captain of the Port Zone from the Mexico/US Border north to the Colorado
Locks as defined in 33 CFR 3.40-35. This safety zone is being established to safeguard
vessels, ports and waterfront facilities from damage due to Hurricane Beryl. 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 July 12, 2024, through July
15, 2024. For the purposes of enforcement, actual notice will be used from July 6, 2024,
until [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. It will be
subject to enforcement each day.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0006 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 Commander Mike Metz, Sector Corpus Christi Waterways Management
Division, U.S. Coast Guard; telephone 361-939-5130, e-mail Mike.W.Metz@uscg.mil.

SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
COTP
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Captain of the Port, Sector Corpus Christi
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 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 safety zone must be in place by July 6, 2024 to protect
personnel, vessels, and the marine environment from potential hazards associated with
Hurricane Beryl and there is insufficient time between now and July 6, 2024 to provide
notice of a proposal to create these safety zones, consider comments received, and
publish a final rule.
In addition, the Coast Guard finds that good cause also exists under 5 U.S.C.
553(d)(3) for making this rule effective less than 30 days after publication in the Federal
Register because the safety zone must be in effect less than 30 days from now to serve
their purpose and it would be contrary to the public interest to delay its effective date
until after the hurricane makes lanfall.
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 weather associated

with the arrival of Hurricane Beryl makes this temporary safety zone necessary to prevent
vessels from damaging themselves and port infrastructure such as piers, bridges, and
facilities, and also help prevent the loss of life associated with vessel casualties.
IV. Discussion of the Rule
This rule is subject to enforcement, starting from 2 p.m. on July 6, 2024, to 12
p.m., through July 15, 2024. No vessel or person will be permitted to enter the temporary
safety zones 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, 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 zones. The safety zone covers the entire Captain of the Port Zone from the
Mexico/US Border north to the Colorado Locks as defined in 33 CFR 3.40-35. The
temporary safety zones will be subject to enforcement for a period of 24 hours a day,

from July 6, 2024, through July 15, 2024. The rule does not completely prohibit vessel
traffic within the waterway, and it allows mariners to request permission to enter the
zones.
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 (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 safety zone for all
navigable waters of the Captain of the Port Zone from the Mexico/US Border north to the
Colorado Locks as defined in 33 CFR 3.40-35. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards created by
Hurricane Beryl. 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.
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.T08-0006 to read as follows:
§ 165.T08-0006 Safety Zone; Captain of the Port Corpus Christi, TX.
(a) Location. The safety zone will be within the following area: all navigable
waters of the Captain of the Port Zone from the Mexico/US Border north to the Colorado
Locks as defined in 33 CFR 3.40-35
(b) Definitions. As used in this section, designated representative means a Coast
Guard Patrol officer, 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, Corpus
Christi, TX (COTP), in the enforcement of the safety zone.
(c) Enforcement period. This section will be subject to enforcement from 2 p.m.
on July 6, 2024 to 12 p.m. on Ju1y 15, 2024.
(d) Regulations. (1) In accordance with the general regulations in § 165.23 of this
part, entry into these temporary safety zones 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 1-800-8742143.
(2) If permission is granted, all persons and vessels shall comply with the
instructions of the COTP or designated representative.
(e) 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: July 6, 2024.

T. H. Bertheau,
Captain, U.S. Coast Guard,
Captain of the Port Sector Corpus Christi.
[FR Doc. 2024-15282 Filed: 7/11/2024 8:45 am; Publication Date: 7/12/2024]