[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Rules and Regulations]
[Pages 18387-18389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0295]
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 establishes 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 (LNGC) FUJI LNG 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 FUJI LNG 
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 from May 1, 2019 
until May 3, 2019. For the purposes of enforcement, actual notice will 
be used from April 26, 2019 until May 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0295 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 Petty Officer Kevin Kyles, Sector Corpus Christi 
Waterways Management Division, U.S. Coast Guard; telephone 361-939-
5125, 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
LNGC Liquefied Natural Gas Carrier
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)(3)(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 April 26, 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 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) FUJI LNG between April 26, 2019 and May 03, 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.

[[Page 18388]]

IV. Discussion of the Rule

    This rule establishes two security zones around LNGC FUJI LNG from 
April 26, 2019 through May 03, 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 FUJI LNG is 
moored. A moving security zone will cover all navigable waters within a 
500-yard radius of the LNGC FUJI LNG 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 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

[[Page 18389]]

environment. This rule involves a temporary fixed security zone while 
LNGC FUJI LNG 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 FUJI LNG. 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 continuesto 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.T08-0295 to read as follows:


Sec.  165.T08-0295  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 FUJI LNG is 
moored.
    (2) All navigable waters encompassing a 500-yard radius around the 
Liquefied Natural Gas Carrier (LNGC) FUJI LNG while transiting outbound 
with cargo through the La Quinta Channel and Corpus Christi Ship 
Channel.
    (b) Effective period. This section is effective without actual 
notice from May 1, 2019 until May 3, 2019. For the purposes of 
enforcement, actual notice will be used from April 26, 2019 until May 
1, 2019.
    (c) Period of enforcement. This section will be enforced from the 
time LNGC FUJI LNG moors and while the vessel is transiting outbound 
through the La Quinta Channel and Corpus Christi Ship Channel from 
April 26, 2019 through May 3, 2019.
    (d) Regulations. (1) The general regulations in Sec.  165.33 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: April 25, 2019.
E. J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-08763 Filed 4-30-19; 8:45 am]
 BILLING CODE 9110-04-P