[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41502-41504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13586]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0491]
RIN 1625-AA87


Security Zones; 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 temporary, 500-yard 
radius, moving security zones around the Motor Vessel (M/V) ARC 
DEFENDER and M/V OCEAN JAZZ. These zones are needed to protect the 
vessels, which will be carrying military cargo onboard, while they are 
transiting the Corpus Christi Ship Channel, in Corpus Christi, TX. 
Entry of vessels or persons into the zones are prohibited unless 
specifically authorized by the Captain of the Port Sector Corpus 
Christi (COTP) or a designated representative.

DATES: This rule is effective without actual notice from June 27, 2023, 
through July 19, 2023. For the purposes of enforcement, actual notice 
will be used from June 21, 2023 through July 19, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
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 this security zone by June 21, 2023 to ensure security of the 
vessel 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 interest because immediate 
action is needed to provide for the security of the vessel and cargo.

III. Legal Authority and Need for Rule

    The Coast Guard may issue security zone regulations under authority 
in 46 U.S.C. 70051 and 70124. The Captain of the Port Sector Corpus 
Christi (COTP) has determined that potential hazards associated with 
the transit of the M/V ARC DEFENDER and M/V OCEAN JAZZ when loaded with 
military cargo will be a security concern within a 500-yard radius of 
the vessel. This rule is needed to provide for the safety and security 
of the vessels, their cargo, and surrounding waterway from terrorist 
acts, sabotage or other subversive acts, accidents, or other events of 
a similar nature from June 21, 2023 through July 19, 2023.

IV. Discussion of the Rule

    The Coast Guard is establishing two 500-yard radius temporary 
security zones around M/V ARC DEFENDER and M/V OCEAN JAZZ. The vessel 
names will be clearly marked on the port, starboard, and stern. The 
zone for the vessel will be enforced from the time the vessel transits 
the Corpus Christi Ship Channel between June 21, 2023 and July 19, 
2023. The duration of the zone is intended to protect the vessel and 
military cargo on board while the vessel is in transit. No vessel or 
person will be permitted to enter the security zone 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 
(USCG) assigned to units under the operational control of USCG Sector 
Corpus Christi. Persons or vessels desiring to enter or pass through 
each zone 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), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) as appropriate for the 
enforcement times and dates for each security zone.

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. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    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 during the 
vessel's transits while loaded with cargo over a thirty-day period. 
Moreover, the Coast Guard will issue BNMs via VHF-FM marine channel 16 
about the zones as appropriate 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

[[Page 41503]]

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 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 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 security zone lasting for the 
duration of time that the M/V ARC DEFENDER and M/V OCEAN JAZZ are 
within the Corpus Christi Ship Channel. It will prohibit entry within a 
500 yard radius of the M/V ARC DEFENDER and M/V OCEAN JAZZ while the 
vessel is carrying military cargo onboard and transiting within the 
Corpus Christi Ship Channel. It is categorically excluded from further 
review under 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

0
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.


0
2. Add Sec.  165.T08-0491 to read as follows:


Sec.  165.T08-0491  Security Zones; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following area are security zones: All navigable 
waters encompassing a 500-yard radius around the M/V ARC DEFENDER and 
M/V OCEAN JAZZ while the vessel is carrying military cargo onboard and 
in the Corpus Christi Ship Channel.
    (b) Enforcement period. This section will be enforced from June 21, 
2023 through July 19, 2023.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of 
this part apply. Entry into the 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 Sector Corpus Christi 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.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local

[[Page 41504]]

Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs) as appropriate of the enforcement times and dates for these 
security zones.

    Dated: June 16, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-13586 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P


