[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28734-28736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13036]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0509]
RIN 1625-AA87


Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two security zones. One of the 
zones is a temporary fixed security zone for the receiving facility's 
mooring basin while the Liquefied Natural Gas Carrier (LNGC) CORCOVADO 
is moored at the facility. The other zone is a moving security zone 
encompassing all navigable waters within a 500-yard radius around the 
LNGC CORCOVADO while the vessel transits with cargo in the La Quinta 
Channel and Corpus Christi Ship Channel in Corpus Christi, TX. The 
security zones are needed to protect personnel, vessels, and the marine 
environment from potential hazards created by Liquified Natural Gas 
(LNG) cargo aboard the vessel. Entry of vessels or persons into these 
zones is prohibited unless specifically authorized by the Captain of 
the Port Sector Corpus Christi.

DATES: This rule is effective without actual notice on June 19, 2019. 
For the purposes of enforcement, actual notice will be used from June 
15, 2019 until June 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0509 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 on this rule, 
call or email Lieutenant Commander Margaret Brown, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email Margaret.A.Brown@uscg.mil.

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 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 these security zones by June 15, 2019 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

[[Page 28735]]

interest because immediate action is needed to provide for the security 
of the vessel.

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 Liquefied Natural Gas 
Carrier (LNGC) CORCOVADO between June 15, 2019 and June 19, 2019 will 
be a security concern while the vessel is moored at the receiving 
facility and within a 500-yard radius of the vessel while the vessel is 
loaded with cargo.

IV. Discussion of the Rule

    This rule establishes two security zones around LNGC CORCOVADO from 
June 15, 2019 through June 19, 2019. A fixed security zone will be in 
effect in the mooring basin bound by 27[deg]52'53.38'' N, 
097[deg]16'20.66'' W on the northern shoreline; thence to 
27[deg]52'45.58'' N, 097[deg]16'19.60'' W; thence to 27[deg]52'38.55'' 
N, 097[deg]15'45.56'' W; thence to 27[deg]52'49.30'' N, 
097[deg]15'45.44'' W; thence west along the shoreline to 
27[deg]52'53.38'' N, 097[deg]16'20.66'' W, while LNGC CORCOVADO is 
moored. A moving security zone will cover all navigable waters within a 
500-yard radius of the LNGC CORCOVADO while the vessel transits 
outbound with cargo through the La Quinta Channel and Corpus Christi 
Ship Channel. No vessel or person will be permitted to enter the 
security zones without obtaining permission from the COTP or a 
designated representative.
    Entry into these security zones is prohibited unless authorized by 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Corpus 
Christi. Persons or vessels desiring to enter or pass through the zones 
must request permission from the COTP or a designated representative on 
VHF-FM channel 16 or by telephone at 361-939-0450. If permission is 
granted, all persons and vessels shall comply with the instructions of 
the COTP or designated representative. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement times and dates for these security 
zones.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
duration, and location of the security zone. This rule will impact a 
small designated area of the Corpus Christi Ship Channel and La Quinta 
Channel while the vessel is moored at the receiving facility and during 
the vessel's transit while loaded with cargo. Moreover, the Coast Guard 
will issue BNMs via VHF-FM marine channel 16 about the zones and the 
rule allows vessels to seek 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 moving security 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.

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

[[Page 28736]]

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 a temporary fixed security zone while 
LNGC CORCOVADO is moored at the receiving facility mooring basin bound 
by 27[deg]52'53.38'' N, 097[deg]16'20.66'' W on the northern shoreline; 
thence to 27[deg]52'45.58'' N, 097[deg]16'19.60'' W; thence to 
27[deg]52'38.55'' N, 097[deg]15'45.56'' W; thence to 27[deg]52'49.30'' 
N, 097[deg]15'45.44'' W; thence west along the shoreline to 
27[deg]52'53.38'' N, 097[deg]16'20.66'' W, and a temporary moving 
security zone while the vessel transits with cargo within the La Quinta 
Channel and Corpus Christi Ship Channel, that will prohibit entry 
within 500-yard radius of LNGC CORCOVADO. It is categorically excluded 
from further review under paragraph L[xxx] in Table 3-1 of U.S. Coast 
Guard Environmental Planning Implementing Procedures 5090.1. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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 record 
keeping 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. 0170.1.


0
2. Add Sec.  165.T08-0509 to read as follows:


Sec.  165.T08-0509  Security Zone; Corpus Christi Ship Channel, Corpus 
Christi, TX.

    (a) Location. The following areas are security zones:
    (1) The mooring basin bound by 27[deg]52'53.38'' N, 
097[deg]16'20.66'' W on the northern shoreline; thence to 
27[deg]52'45.58'' N, 097[deg]16'19.60'' W; thence to 27[deg]52'38.55'' 
N, 097[deg]15'45.56'' W; thence to 27[deg]52'49.30'' N, 
097[deg]15'45.44'' W; thence west along the shoreline to 
27[deg]52'53.38'' N, 097[deg]16'20.66'' W, while LNGC CORCOVADO is 
moored.
    (2) All navigable waters encompassing a 500-yard radius around the 
Liquefied Natural Gas Carrier (LNGC) CORCOVADO while transiting 
outbound with cargo through the La Quinta Channel and Corpus Christi 
Ship Channel.
    (b) Effective period. This rule is effective without actual notice 
on June 19, 2019. For the purposes of enforcement, actual notice will 
be used from June 15, 2019 until June 18, 2019.
    (c) Period of enforcement. This section will be enforced from the 
time LNGC CORCOVADO moors and while the vessel is transiting outbound 
through the La Quinta Channel and Corpus Christi Ship Channel from June 
15, 2019 through June 19, 2019.
    (d) Regulations. (1) The general regulations in Sec.  165.33 of 
this part apply. Entry into these zones is prohibited unless authorized 
by the Captain of the Port Sector Corpus Christi (COTP) or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones 
must request permission from the COTP or a designated representative on 
VHF-FM channel 16 or by telephone at 361-939-0450.
    (3) 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 through Broadcast Notices to Mariners (BNMs) of 
the enforcement times and date for these security zones.

    Dated: June 13, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-13036 Filed 6-19-19; 8:45 am]
BILLING CODE 9110-04-P


