[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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