FR 2024-30547

The document is an announcement from the U.S. Coast Guard about the establishment of a temporary moving security zone around the vessel M/V ARC INDEPENDENCE in the Corpus Christi Ship Channel. This measure, set to be in effect from December 20 to December 27, 2024, seeks to protect this vessel, its cargo, and the surrounding area from potential threats, including terrorism and accidents. The zone spans a 500-yard radius around the vessel, and unauthorized entry is prohibited without permission from the Captain of the Port or a designated representative.

General Summary

The primary goal of this rule is to ensure the safety and security of a vessel carrying sensitive cargo as it transits through a specific waterway. The measure affects all navigable waters within a defined radius around the vessel, thereby minimizing potential risks during its journey. The Coast Guard justifies the swift enactment of this rule by citing the urgent need to protect the vessel and its cargo from possible threats and the impracticality of undergoing a prolonged proposal process.

Significant Issues or Concerns

Several notable issues arise from this document:

1. Designation of Authority: The rule permits entry only when authorized by the Captain of the Port or their designated representative. However, the document does not clearly outline how these representatives are appointed, nor the specific qualifications or training required for them, leading to potential ambiguity in enforcement.

2. Legal Complexity: The rule references specific U.S. Code sections and Coast Guard terminologies that might not be easily understood by individuals without a legal or maritime background. This could make the regulation less accessible to the general public.

3. Penalties and Transparency: There is a lack of detail regarding the penalties or consequences for unauthorized entry into the security zone. Additionally, rapid implementation without a notice period limits public engagement, which could be seen as a transparency issue, despite being justified for security reasons.

4. Economic Impact on Businesses: While the document considers the rule’s impact on small entities, its conclusion that there should be no significant economic disruption may not fully account for potential challenges small businesses might face due to restricted access during these days.

Broader Public Impact

This rule has implications not only for mariners operating near the Corpus Christi Ship Channel but also for citizens concerned about security and environmental impacts. The protective measures are designed to prevent any adverse incidents involving the vessel and ensure safe passage through the waters. Although it aims to bolster safety, the rule could prompt questions about how similar security zones might affect commercial operations and marine traffic.

Specific Stakeholder Impact

• Maritime Operators: The rule poses a direct impact on vessel operators, particularly those who may need to navigate near the security zone. It is essential for these entities to coordinate with the designated authorities for safe and authorized passage.

• Port and Local Businesses: Any delay or restriction in maritime traffic could affect scheduling and operations for businesses that rely on predictable shipping times. While the Coast Guard claims a minimal economic impact, disruptions are possible during the enforcement period.

• Public and Environmental Concerns: The public may express concerns about environmental safety given the cargo the vessel carries. The regulation emphasizes security, and while it is environmentally reviewed, details about environmental monitoring are not deeply discussed.

In conclusion, while this temporary rule is a strategic move for enhancing security during a vulnerable transit period, it raises questions about regulatory clarity, enforcement, and potential economic impact. Creating a balance between expedited security measures and public transparency, along with economic considerations, remains a challenge in such scenarios. The Coast Guard is urged to maintain clear communication to alleviate concerns from stakeholders affected by these temporary precautions.

The document doesn't specifically call for any significant financial spending, appropriations, or allocations related to the implementation of the temporary moving security zone in the Corpus Christi Ship Channel. However, it does reference the Unfunded Mandates Reform Act of 1995, highlighting a potential threshold for financial impact. This Act requires an analysis of federal regulatory actions that could lead to expenditures of $100,000,000 or more in any given year, either by state, local, or tribal governments, or the private sector.

While the document states that this specific rule will not lead to such expenditures, it contrasts with one of the identified issues related to the potential economic impact on small entities. The document assures that there will not be a significant economic impact on a substantial number of small entities. However, such assertions might not fully account for indirect costs or disruptions caused to local businesses that rely on predictable scheduling within the port. This underscores a potential oversight where smaller financial impacts, which might accumulate across various small entities, are not carefully considered within the broader financial implications discussed in the rule.

Additionally, while the rule does not directly allocate federal or state funds, the potential indirect costs to private businesses, such as shipping companies or local service providers in the affected area, could include operational delays or rerouting, which might not have been thoroughly quantified in the analysis. Even though the document uses a threshold of $100,000,000 to require further scrutiny, the lack of a specific financial evaluation for smaller disruptions could still carry economic significance at the local level.