Justia Regulation Tracker Department Of Homeland Security Coast Guard Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 28734-28736 [2019-13036]
Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 28734-28736 [2019-13036]
Download as PDF 28734 Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations 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 safety zone lasting one hour and prohibiting entry on a one-mile stretch of the Ohio River. It is categorically excluded from further review under paragraph L60(a) 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 recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: A.W. Demo, Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2019–12957 Filed 6–19–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 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: RIN 1625–AA87 ■ [Docket Number USCG–2019–0509] Authority: 33 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. Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX 2. Add § 165.T08–0451 to read as follows: ACTION: ■ (a) Location. The following area is a safety zone: all navigable waters of the Ohio River from mile 110.5 to mile 111.5. (b) Effective period. This section is effective from June 22, 2019 through June 30, 2019. (c) Enforcement period. This section will be enforced from 6 a.m. through VerDate Sep<11>2014 16:16 Jun 19, 2019 Jkt 247001 Coast Guard, DHS. Temporary final rule. AGENCY: 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 SUMMARY: § 165.T08–0451 Safety Zone; Ohio River, miles 110.5 to 111.5, Moundsville, WV. jbell on DSK3GLQ082PROD with RULES noon on one day between June 22, 2019 and June 30, 2019. (d) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (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 Marine Safety Unit Pittsburgh. (2) Persons and vessels seeking entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or by telephone at (412) 221–0807. (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful instructions of the COTP or a designated representative. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement period for the safety zone as well as any changes in the schedule through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 § 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 E:\FR\FM\20JNR1.SGM 20JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations interest because immediate action is needed to provide for the security of the vessel. based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. 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 500yard radius of the vessel while the vessel is loaded with cargo. 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. 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°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ W; thence west along the shoreline to 27°52′53.38″ N, 097°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 VerDate Sep<11>2014 16:16 Jun 19, 2019 Jkt 247001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 28735 listed in the FOR FURTHER INFORMATION 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. CONTACT 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 E:\FR\FM\20JNR1.SGM 20JNR1 28736 Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations 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. 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. Dated: June 13, 2019. E.J. Gaynor, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. 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°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ W; thence west along the shoreline to 27°52′53.38″ N, 097°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. ■ 2. Add § 165.T08–0509 to read as follows: [FR Doc. 2019–13036 Filed 6–19–19; 8:45 am] jbell on DSK3GLQ082PROD with RULES 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 1. The authority citation for part 165 continues to read as follows: ■ VerDate Sep<11>2014 16:16 Jun 19, 2019 Jkt 247001 § 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°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ W; thence west along the shoreline to 27°52′53.38″ N, 097°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 § 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0440] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Port Gibson, MS Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing an emergency temporary safety zone for all navigable waters of the Lower Mississippi River, extending the entire width of the river, from mile marker (MM) 405 to MM 408. This emergency safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with vessels transiting this area during high water. This rule prohibits persons and vessels from entering the safety zone area unless specifically authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or a designated representative. DATES: This rule is effective without actual notice from June 20, 2019 through June 30, 2019, or until the high water event ceases, whichever occurs first. For the purposes of enforcement, actual notice will be used from June 7, 2019 through June 20, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0440 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 Chief Petty Officer Todd Manow, Sector Lower Mississippi River Prevention Department, U.S. Coast Guard; telephone 901–521–4813, email Todd.M.Manow@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Lower Mississippi River E:\FR\FM\20JNR1.SGM 20JNR1
[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]
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.
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 [email protected].
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
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
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 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
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
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.
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,
moored.
(2) All navigable waters encompassing a 500-yard radius around the
Liquefied Natural Gas Carrier (LNGC) CORCOVADO while transiting
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
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.