[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2858-2860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01248]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0087]
RIN 1625-AA87
Security Zone; Corpus Christi and La Quinta Ship Channel, Corpus
Christi, TX
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
[[Page 2859]]
for navigable waters within a 500-yard radius of vessel carrying cargo
requiring an elevated level of security in the Corpus Christi and La
Quinta Shipping Channels. The security zone is needed to protect the
vessels, their cargo, and the surrounding waterway from terrorist acts,
sabotage, or other subversive acts, accidents, or events of a similar
nature. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Corpus
Christi.
DATES: This rule is effective without actual notice from January 23,
2026 through January 28, 2026. For the purposes of enforcement, actual
notice will be used from January 20, 2026, until January 23, 2026.
ADDRESSES: To view available documents, go to https://www.regulations.gov and search for USCG-2026-0087.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Lieutenant Tim Cardenas, Sector Corpus Christi Waterways
Management Division U.S. Coast Guard; telephone 361-244-4784, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that the M/V SM KESTREL will
be transiting the Corpus Christi and La Quinta Ship Channels sometime
between January 20 and 28, 2026. The Captain of the Port (COTP) Corpus
Christi has determined that the vessel will be carrying dangerous cargo
that creates a security concern for the vessel and the port. Therefore,
the COTP is issuing this rule under the authority in 46 U.S.C. 70051
and 70124, which is needed to protect the vessels, their cargo, and the
surrounding waterway from terrorist acts, sabotage, and other
subversive acts, accidents, or events of a similar nature in the
navigable waters within the security zone.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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
and contrary to the public interest. The Coast Guard was notified of
this event on January 12, 2026, but we must establish this security
zone by January 20, 2026, to protect the vessels, their cargo, and the
surrounding waterways. Therefore, we do not have enough time to solicit
and respond to comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a security zone from January 20, 2026, to
January 28, 2026. The security zone will cover all navigable waters
within 500 yards of the vessel. No vessel or person will be permitted
to enter the security zone without obtaining permission from the COTP
or their designated representative.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section. Small businesses may send comments to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, 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 is a security zone. 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. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
A Record of Environmental Consideration supporting this determination
is available in the docket.
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:
[[Page 2860]]
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. 01.4.
0
2. Add 165.T08-0087 to read as follows:
Sec. 165.T08-0087 Security Zone; Corpus Christi and La Quinta Ship
Channels, Corpus Christi, TX.
(a) Location. The following area is a security zone: all navigable
waters encompassing a 500-yard radius around the M/V SM KESTREL while
the vessel is loaded with cargo and in the Corpus Christi or La Quinta
Ship Channels.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Corpus Christi (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at 1-800-874-2143.
Those in the security zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement periods. While in effect (until January 28, 2026),
this section will only be subject to enforcement during the times the
ships are loaded and underway. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs)
and/or Marine Safety Information Bulletins (MSIBs) of the enforcement
times and dates for this security zone.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2026-01248 Filed 1-22-26; 8:45 am]
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