[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24910-24912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08720]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0343]
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 three temporary, 500-yard 
radius, moving security zones for certain vessels carrying Certain 
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La 
Quinta Channel. The temporary security zones are needed to protect the 
vessels, the CDC cargo, and the surrounding waterway from terrorist 
acts, sabotage, or other subversive acts, accidents, or other events of 
a similar nature. Entry of vessels or persons into these zones is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Corpus Christi or a designated representative.

DATES: This rule is effective without actual notice from April 25, 2023 
until May 5, 2023. For the purposes of enforcement, actual notice will 
be used from April 20, 2023, until April 25, 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 these security zones by April 20, 2023 to ensure security of 
these vessels 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 these vessels.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Corpus Christi (COTP) has determined that potential hazards associated 
with the transit of the Motor Vessel (M/V) BRITISH CONTRIBUTOR, M/V 
CELCIUS CANBERRA and M/V ARISTARCHOS, when loaded, will be a security 
concern within a 500-yard radius of each vessel. This rule is needed to 
provide for the safety and security the vessels, their cargo, and 
surrounding waterway from terrorist acts, sabotage or other subversive 
acts, accidents, or other events of a similar nature while they are 
transiting within Corpus Christi, TX, from April 20, 2023 through May 
5, 2023.

IV. Discussion of the Rule

    The Coast Guard is establishing two 500-yard radius temporary 
moving security zones around M/V BRITISH CONTRIBUTOR, M/V CELCIUS 
CANBERRA and M/V ARISTARCHOS. The zones for the vessels will be 
enforced from April 20, 2023, through May 5, 2023. The duration of the 
zones are intended to protect the vessels and cargo and surrounding 
waterway from terrorist acts, sabotage or other subversive acts, 
accidents, or other events of a similar nature. 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 
(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

[[Page 24911]]

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 zones. This rule will impact a 
small, designated area of 500-yards around the moving vessels in the 
Corpus Christi Ship Channel and La Quinta Channel as the vessels 
transit the channel over a sixteen day period. Moreover, 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 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 (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 moving security zones lasting for the 
duration of time that the M/V BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA 
and M/V ARISTARCHOS are within the Corpus Christi Ship Channel and La 
Quinta Channel while loaded with cargo. It will prohibit entry within a 
500-yard radius of M/V BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA and M/
V ARISTARCHOS while the vessels are transiting loaded within Corpus 
Christi Ship Channel and La Quinta Channel. It is categorically 
excluded from further review under L60 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.T08-0343 to read as follows:


Sec.  165.T08-0343  Security Zones; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following area are moving security zones: All 
navigable waters encompassing a 500-yard radius around the M/V BRITISH 
CONTRIBUTOR, M/V CELCIUS CANBERRA and M/V ARISTARCHOS while the vessels 
are in the Corpus Christi Ship Channel and La Quinta Channel.
    (b) Enforcement period. This section will be enforced from April 
20, 2023 through May 5, 2023.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of 
this part

[[Page 24912]]

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

    Dated: April 19, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-08720 Filed 4-24-23; 8:45 am]
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