Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 10993-10995 [2019-05562]
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Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Rules and Regulations
Docket No.
USCG–2018–1031
USCG–2018–0994
USCG–2018–0993
USCG–2018–0582
USCG–2018–0966
USCG–2018–0979
USCG–2018–1069
USCG–2018–0999
USCG–2018–1037
USCG–2018–0982
USCG–2018–0976
USCG–2018–1092
USCG–2018–0767
USCG–2018–1090
USCG–2018–1004
USCG–2018–1122
USCG–2018–1121
USCG–2018–1078
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Type
Location
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Security Zones (Part 165) ....................................
Drawbridge ...........................................................
Safety Zones (Parts 147 and 165) ......................
Security Zones (Part 165) ....................................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Special Local Regulations (Part 100) ..................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Security Zones (Part 165) ....................................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Safety Zones (Parts 147 and 165) ......................
Madeira Beach, FL ..............................................
San Francisco, CA ...............................................
Monongahela, PA ................................................
North Shore, Guam ..............................................
Allemands, LA ......................................................
Tinicum Township, PA .........................................
Hollywood Beach, FL ...........................................
Washington, DC ...................................................
San Francisco, CA ...............................................
Cincinnati, OH ......................................................
San Diego, CA .....................................................
Bayou, LA ............................................................
Sinclair Inlet, WA .................................................
Corpus Christi, TX ...............................................
Decatur Island, WA ..............................................
New Orleans, LA ..................................................
Wilmington DE .....................................................
Marina Del Rey, CA .............................................
Dated: March 20, 2019.
Katia Kroutil,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2019–05626 Filed 3–22–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0149]
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing fixed and moving security
zones around the Motor Vessel (M/V)
ARC ENDURANCE. The security zone
encompasses all navigable waters
within a 500-yard radius around the
M/V ARC ENDURANCE. The zone is
needed to protect the vessel while
transiting the Corpus Christi Ship
Channel in Corpus Christi, TX with
military cargo onboard. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
DATES: This rule is effective without
actual notice from 9 a.m. until midnight
on March 25, 2019. For the purposes of
enforcement, actual notice will be used
from March 18, 2019 until 9 a.m. on
March 25, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
VerDate Sep<11>2014
15:47 Mar 22, 2019
Jkt 247001
Effective
date
11/9/2018
11/10/2018
11/16/2018
11/18/2018
11/20/2018
11/25/2018
11/30/2018
12/1/2018
12/5/2018
12/6/2018
12/9/2018
12/11/2018
12/13/2018
12/15/2018
12/18/2018
12/28/2018
12/29/2018
12/31/2018
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0149 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 Kevin.L.Kyles@
uscg.mil.
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.
SUPPLEMENTARY INFORMATION:
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 the
transit and of the Motor Vessel (M/V)
ARC ENDURANCE when loaded with
military cargo between the dates of
March 18, 2019 through March 25, 2019,
will be a security concern within a 500yard radius of the vessel. This rule is
needed to protect the vessel while the
vessel is transiting within Corpus
Christi, TX.
I. Table of Abbreviations
RIN 1625–AA87
10993
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
§ 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 this
security zone by March 18, 2019 and
lack sufficient time to provide a
reasonable comment period and then
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III. Legal Authority and Need for Rule
IV. Discussion of the Rule
This rule establishes a temporary
fixed and moving security zone from
time of first arrival and last departure of
M/V ARC ENDURANCE while transiting
within the Corpus Christi Ship Channel
between the dates of March 18, 2019
through March 25, 2019. The fixed and
moving security zone will cover all
navigable waters within a 500-yard
radius of the M/V ARC ENDURANCE
while transiting while loaded with
military cargo through the Corpus
Christi Ship Channel. The duration of
the zone is intended to protect military
cargo while the vessel is in transit. No
vessel or person will be permitted to
enter the security zone without
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10994
Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Rules and Regulations
obtaining permission from the COTP or
a designated representative.
Entry into this fixed and moving
security zone 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
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 of the enforcement times
and dates for this 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.
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 during
the vessel’s transit while loaded with
cargo over an eight-day period.
Moreover, the Coast Guard will issue
BNMs via VHF–FM marine channel 16
about the zone and the rule allows
vessels to seek permission to enter the
zone.
VerDate Sep<11>2014
15:47 Mar 22, 2019
Jkt 247001
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 fixed and 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
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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 a fixed
and moving security zone lasting for the
duration of time that any of the vessels
are within the Corpus Christi Ship
Channel that will prohibit entry within
500 yard radius of M/V ARC
ENDURANCE while transiting within
Corpus Christi whilst loaded with
military cargo. 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.
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Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Rules and Regulations
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.
Dated: March 15, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
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:
48 CFR Part 825
2. Add § 165.T08–0149 to read as
follows:
■
§ 165.T08–0149 Security Zone; Corpus
Christi Ship Channel. Corpus Christi, TX.
(a) Location. The following area is a
security zone: all navigable waters
encompassing a 500-yard radius around
M/V ARC ENDURANCE while transiting
loaded with cargo in the Corpus Christi
Ship Channel.
(b) Effective period. This section is
effective from March 18, 2019 through
March 25, 2019.
(c) Regulations. (1) The general
regulations in § 165.33 of this part
apply. Entry into this zone 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 zone 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) of the
enforcement times and date for this
security zone.
15:47 Mar 22, 2019
Jkt 247001
DEPARTMENT OF VETERANS
AFFAIRS
ACTION:
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
VerDate Sep<11>2014
[Docket No. 171017999–8262–01]
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
National Oceanic and Atmospheric
Administration
50 CFR Part 622
BILLING CODE 9110–04–P
VA Acquisition Regulation:
Construction and Architect-Engineer
Contracts; Correction
■
DEPARTMENT OF COMMERCE
[FR Doc. 2019–05562 Filed 3–22–19; 8:45 am]
RIN 2900–AQ18
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
10995
On March 19, 2019, the
Department of Veterans Affairs (VA)
published a rule updating its VA
Acquisition Regulation (VAAR) in
phased increments. The changes seek to
streamline and align the VAAR with the
FAR and remove outdated and
duplicative requirements and reduce
burden on contractors. An error
occurred in one amendatory instruction.
This document corrects that error.
DATES: This correction is effective April
18, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Rafael N. Taylor, Senior Procurement
Analyst, Procurement Policy and
Warrant Management Services, 003A2A,
425 I Street NW, Washington, DC 20001,
(202) 382–2787. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: On March
19, 2019, VA published a rule in the
Federal Register (84 FR 9968) which
contained an error in the description of
the contents of subpart 825.2.
SUMMARY:
Correction
In FR Rule Doc. No. 2019–04900,
appearing on page 9968 in the Federal
Register of March 19, 2019, make the
following correction:
Subpart 825.2—[Corrected]
1. On page 9971, in the third column,
correct instruction number 4 to read as
follows:
‘‘5. Subpart 825.2, consisting of
sections 825.202 and 825.205, is
removed and reserved.’’
■
Approved: March 19, 2019.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
[FR Doc. 2019–05576 Filed 3–22–19; 8:45 am]
BILLING CODE 8320–01–P
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RIN 0648–XG871
Reef Fish Fishery of the Gulf of
Mexico; 2019 Recreational
Accountability Measure and Closure
for Gulf of Mexico Greater Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for the
greater amberjack recreational sector in
the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf) for the 2018–
2019 fishing year through this
temporary rule. NMFS has determined
that for the 2018–2019 fishing year, the
recreational annual catch target (ACT)
for Gulf greater amberjack has been met;
therefore, the greater amberjack
recreational season in the Gulf EEZ will
not re-open on May 1, 2019, and will
remain closed for the remainder of the
current fishing year. This closure is
necessary to protect the Gulf greater
amberjack resource.
DATES: This rule is effective from 12:01
a.m., local time, May 1, 2019, until
12:01 a.m., local time, on August 1,
2019.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: lauren.waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery,
which includes greater amberjack,
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf
(FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management
Council (Council) and is implemented
by NMFS under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All
greater amberjack weights discussed in
this temporary rule are in round weight.
The recreational fishing year for Gulf
greater amberjack is August 1 through
July 31 each year. The 2018–2019
recreational ACL for Gulf greater
amberjack specified in 50 CFR
622.41(a)(2)(iii) is 1,086,970 lb (493,041
kg), and the recreational ACT specified
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]]>Agencies
[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Rules and Regulations]
[Pages 10993-10995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05562]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0149]
RIN 1625-AA87
Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing fixed and moving security
zones around the Motor Vessel (M/V) ARC ENDURANCE. The security zone
encompasses all navigable waters within a 500-yard radius around the M/
V ARC ENDURANCE. The zone is needed to protect the vessel while
transiting the Corpus Christi Ship Channel in Corpus Christi, TX with
military cargo onboard. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a designated representative.
DATES: This rule is effective without actual notice from 9 a.m. until
midnight on March 25, 2019. For the purposes of enforcement, actual
notice will be used from March 18, 2019 until 9 a.m. on March 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0149 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 Kevin.L.Kyles@uscg.mil.
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)(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 this security zone by March 18, 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 the transit and of
the Motor Vessel (M/V) ARC ENDURANCE when loaded with military cargo
between the dates of March 18, 2019 through March 25, 2019, will be a
security concern within a 500-yard radius of the vessel. This rule is
needed to protect the vessel while the vessel is transiting within
Corpus Christi, TX.
IV. Discussion of the Rule
This rule establishes a temporary fixed and moving security zone
from time of first arrival and last departure of M/V ARC ENDURANCE
while transiting within the Corpus Christi Ship Channel between the
dates of March 18, 2019 through March 25, 2019. The fixed and moving
security zone will cover all navigable waters within a 500-yard radius
of the M/V ARC ENDURANCE while transiting while loaded with military
cargo through the Corpus Christi Ship Channel. The duration of the zone
is intended to protect military cargo while the vessel is in transit.
No vessel or person will be permitted to enter the security zone
without
[[Page 10994]]
obtaining permission from the COTP or a designated representative.
Entry into this fixed and moving security zone 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 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 of the
enforcement times and dates for this 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. 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 during the
vessel's transit while loaded with cargo over an eight-day period.
Moreover, the Coast Guard will issue BNMs via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission to enter
the zone.
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 fixed and 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 environment. This rule involves
a fixed and moving security zone lasting for the duration of time that
any of the vessels are within the Corpus Christi Ship Channel that will
prohibit entry within 500 yard radius of M/V ARC ENDURANCE while
transiting within Corpus Christi whilst loaded with military cargo. 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.
[[Page 10995]]
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; 46 U.S.C. 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.T08-0149 to read as follows:
Sec. 165.T08-0149 Security Zone; Corpus Christi Ship Channel. Corpus
Christi, TX.
(a) Location. The following area is a security zone: all navigable
waters encompassing a 500-yard radius around M/V ARC ENDURANCE while
transiting loaded with cargo in the Corpus Christi Ship Channel.
(b) Effective period. This section is effective from March 18, 2019
through March 25, 2019.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part apply. Entry into this zone 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 zone
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) of
the enforcement times and date for this security zone.
Dated: March 15, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-05562 Filed 3-22-19; 8:45 am]
BILLING CODE 9110-04-P
