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Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17

---
identifier: "/us/fr/2020-12916"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17"
title_number: 0
title_name: "Federal Register"
section_number: "2020-12916"
section_name: "Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17"
positive_law: false
currency: "2020-08-10"
last_updated: "2020-08-10"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Homeland Security Department"
document_number: "2020-12916"
document_type: "rule"
publication_date: "2020-08-10"
agencies:
  - "Homeland Security Department"
  - "Coast Guard"
cfr_references:
  - "33 CFR Part 165"
fr_citation: "85 FR 48107"
fr_volume: 85
docket_ids:
  - "Docket No. USCG-2018-0533"
effective_date: "2020-08-10"
fr_action: "Correcting amendments."
---

#  Security Zone; Port of Corpus Christi Inner Harbor, Corpus Christi, TX.

**AGENCY:**

Coast Guard, DHS.

**ACTION:**

Correcting amendments.

**SUMMARY:**

On February 13, 2020, the Coast Guard published a final rule on Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17. Effective March 16, 2020, that rule removed a security zone regulation when only the section heading for that regulation needed to be amended. This document corrects that error.

**DATES:**

Effective August 10, 2020.

**FOR FURTHER INFORMATION CONTACT:**

Dominique Christianson, Coast Guard, telephone 202-372-3856 or fax 202-372-8405.

**SUPPLEMENTARY INFORMATION:**

**Correction**

On February 13, 2020 the Coast Guard published a rule in the *Federal Register* (85 FR 8169), effective on March 16, 2020. Subsequent review of the rule revealed that it removed a security zone regulation, 33 CFR 165.809, when the only change needed was to amend the section heading for that regulation. Page 85 FR 8170 of the rule referred to a 2005 proposed rule (70 FR 9363) as support for removing the security zones in § 165.809, but that NPRM only proposed to “remove the Port of Port Lavaca-Point Comfort security zone.” And the final rule (70 FR 39176, 39178, July 7, 2005) that followed the NPRM revised § 165.809(a) so that it maintained the Corpus Christi Inner Harbor security zone. That 2005 rule also used the following section heading: § 165.809 Security Zone; Port of Corpus Christi Inner Harbor, Corpus Christi, TX.

All the 2020 rule should have done was to remove the reference to the Port of Port Lavaca-Point Comfort in the section heading. This document corrects the error of removing the Port of Corpus Christi Inner Harbor, Corpus Christi Safety Zone regulation by reinstating § 165.809 with the correct section heading.

We find good cause under 5 U.S.C. 553(d) to make this correction effective on its date of publication. Delaying its effective date would increase risk of vessel collisions as the security zone is needed to protect a portion of the waterway that has a high volume of commercial vessel traffic and military outload vessel traffic.

**List of Subjects in 33 CFR Part 165**

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

Accordingly, 33 CFR part 165 is corrected by making the following correcting amendments:

**PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS**

**33 CFR Part 165**

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. 0170.1.

**33 CFR Part 165**

2. Add § 165.809 to read as follows:

§ 165.809

(a) *Location.* The following area is designated as a security zone: All waters of the Corpus Christi Inner Harbor from the Inner Harbor Bridge (U.S. Hwy 181) to, and including the Viola Turning Basin.

(b) *Regulations.* (1) No recreational vessels, passenger vessels, or commercial fishing vessels may enter the security zone unless specifically authorized by the Captain of the Port Corpus Christi or a designated representative.

(2) Recreational vessels, passenger vessels and commercial fishing vessels requiring entry into the security zone must contact the Captain of the Port Corpus Christi or a designated representative. The Captain of the Port may be contacted via VHF Channel 16 or via telephone at (361) 888-3162 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Corpus Christi or a designated representative.

(3) Designated representatives include U.S. Coast Guard commissioned, warrant, and petty officers.

(c) *Authority.* In addition to 46 U.S.C. 70034, the authority for this section includes 46 U.S.C. 70116.

Dated: June 11, 2020.

J.E. McLeod,

Acting Chief, Office of Regulations and Administrative Law.