[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Rules and Regulations]
[Pages 58504-58506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25251]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1014]
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 a temporary security zone for 
navigable waters within a 500-yard radius of LNG GOLAR TUNDRA while the 
vessel transits within the Corpus Christi Ship Channel and La Quinta 
Channel. A temporary security zone of the receiving facility's mooring 
basin will also remain in effect while LNG GOLAR TUNDRA is moored at 
the facility. The security zones are needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
LNG cargo aboard the vessel. Entry of vessels or persons into these 
zones is prohibited unless specifically authorized by the Captain of 
the Port Corpus Christi.

DATES: This rule is effective without actual notice from November 20, 
2018 through November 21, 2018. For the purposes of enforcement, actual 
notice will be used from November 11, 2018 through November 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1014 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 LCDR Margaret Brown, 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 doing so would be impracticable. LNG 
GOLAR TUNDRA is scheduled to be transit inbound on November 11, 2018 
and anticipated to depart on November 21, 2018, and it is impracticable 
to publish an NPRM because we must establish this security zone by 
November 11, 2018. The security zone must be in effect through those 
dates in order to serve its purpose of ensuring the safety and security 
of the public and marine environment from hazards associated with the 
LNG cargo.
    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 impracticable because immediate action is needed to 
establish the security zone to ensure the safety and security of the 
public and marine environment from hazards associated with the LNG 
cargo.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Corpus Christi (COTP) has 
determined that potential hazards associated with the transit and 
mooring of LNG GOLAR TUNDRA from November 11, 2018 through November 21, 
2018, will be a safety concern for anyone within a 500-yard radius of 
the vessel, and while LNG GOLAR TUNDRA is moored within 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. This rule is 
needed to protect the public and marine environment while the vessel is 
transiting and moored within the COTP zone.

IV. Discussion of the Rule

    This rule establishes a security zone from the time LNG GOLAR 
TUNDRA enters the Corpus Christi Ship Channel on November 11, 2018 
until departure on or about November 21, 2018. The moving security zone 
will cover all navigable waters within a 500-yard radius of LNG GOLAR 
TUNDRA while transiting inbound and outbound through the Corpus Christi 
Ship Channel and La Quinta Channel, and the fixed security zone will 
cover all waters 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 
LNG GOLAR TUNDRA is moored at the facility. No vessel or person will be 
permitted to enter the security zones without obtaining permission from 
the COTP or a designated representative.
    Entry into the 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

[[Page 58505]]

will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
the 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, 
location, and duration of the security zones. Vessel traffic will only 
be impacted for a short duration of time in the immediate area of the 
LNG GOLAR TUNDRA during its transit and in the area of the facility 
while the vessel is moored. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners 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 
security zones 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 (Public Law 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 Commandant Instruction M16475.1D, 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 
security zones around navigable waters within a 500-foot radius of the 
transiting LNG GOLAR TUNDRA and within the mooring basin. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:


[[Page 58506]]


    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-1014 to read as follows:


Sec.  165.T08-1014  Security Zone; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following area is a security zone:
    (1) For LNG GOLAR TUNDRA transiting shoreward of the seaward 
extremity of the Aransas Pass Jetties in the Corpus Christi Ship 
Channel and La Quinta Channel, the waters within a 500 yards of LNG 
GOLAR TUNDRA while transiting until moored.
    (2) 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 LNG GOLAR TUNDRA is 
moored.
    (b) Effective/enforcement period. This section is effective without 
actual notice from November 20, 2018 until November 21, 2018. For the 
purposes of enforcement, actual notice will be used from November 11, 
2018 through November 20, 2018. Enforcement of this section began from 
the time LNG GOLAR TUNDRA entered the Corpus Christi Ship Channel on 
November 11, 2018 and will continue until LNG GOLAR TUNDRA's departure 
on or about November 21, 2018.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of 
this part apply. Entry into these zones are 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 Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and date for 
these security zones.

    Dated: November 9, 2018.
J.E. Smith,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus 
Christi.
[FR Doc. 2018-25251 Filed 11-19-18; 8:45 am]
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