Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 21704-21706 [2019-10090]

Download as PDF 21704 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations Dated: May 10, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. 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 § Section U.S.C. United States Code [FR Doc. 2019–10033 Filed 5–14–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY II. Background Information and Regulatory History Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0322] RIN 1625–AA87 Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 Carrier (LNGC) MARVEL FALCON 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 MARVEL FALCON 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 8:45 a.m. until 11:59 p.m. on May 14, 2019. For the purposes of enforcement, actual notice will be used from May 9, 2019 until 11:59 p.m. on May 14, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0322 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. jbell on DSK3GLQ082PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 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 May 9, 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) MARVEL FALCON between May 9, 2019 and May 14, 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. IV. Discussion of the Rule This rule establishes two security zones around LNGC MARVEL FALCON from May 9, 2019 through May 14, 2019. A fixed security zone will be in effect in the mooring basin bound by 27°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 W; thence west along the shoreline to 27°52′53.38″ N, 097°16′20.66″ W, while LNGC MARVEL FALCON is moored. A moving security zone will cover all navigable waters within a 500-yard radius of the LNGC MARVEL FALCON 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 E:\FR\FM\15MYR1.SGM 15MYR1 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations 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 jbell on DSK3GLQ082PROD with RULES 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). VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 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 temporary fixed security zone while LNGC MARVEL FALCON is moored at the receiving facility mooring basin bound by 27°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 21705 W; thence west along the shoreline to 27°52′53.38″ N, 097°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 MARVEL FALCON. 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 1. The authority citation for part 165 continues to 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. 2. Add § 165.T08–0322 to read as follows: ■ § 165.T08–0322 Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX. (a) Location. The following areas are security zones: (1) The mooring basin bound by 27°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ W; thence west along the shoreline to 27°52′53.38″ N, 097°16′20.66″ W, while Liquefied Natural Gas Carrier (LNGC) MARVEL FALCON is moored. (2) All navigable waters encompassing a 500-yard radius around the LNGC MARVEL FALCON while transiting outbound with cargo through the La Quinta Channel and Corpus Christi Ship Channel. E:\FR\FM\15MYR1.SGM 15MYR1 21706 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations (b) Effective period. This section is effective without actual notice from 8:45 a.m. until 11:59 p.m. on May 14, 2019. For the purposes of enforcement, actual notice will be used from May 9, 2019 until 11:59 a.m. on May 14, 2019. (c) Period of enforcement. This section will be enforced from the time LNGC MARVEL FALCON moors and while the vessel is transiting outbound through the La Quinta Channel and Corpus Christi Ship Channel from May 9, 2019 through May 14, 2019. (d) Regulations. (1) The general regulations in § 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: May 6, 2019. E.J. Gaynor, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2019–10090 Filed 5–14–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2018–0207; FRL–9991–49] Glufosinate Ammonium; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: jbell on DSK3GLQ082PROD with RULES VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2018–0207, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? This regulation amends tolerances for residues of glufosinate ammonium in or on Olive; Fruit, Stone (crop group 12–12); Nuts, Tree (crop group 14–12) and Soybean Hulls. DATES: This regulation is effective May 15, 2019. Objections and requests for SUMMARY: hearings must be received on or before July 15, 2019, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2018–0207 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before July 15, 2019. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2018–0207, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http:// www.epa.gov/dockets. II. Summary of Petitioned-For Tolerance In the Federal Register of August 14, 2018 (83 FR 40272) (FRL–9981–10), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP#8F8668) by Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, RTP, NCP 27709. The petition requested that 40 CFR 180.473 E:\FR\FM\15MYR1.SGM 15MYR1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21704-21706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10090]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0322]
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 Carrier (LNGC) MARVEL 
FALCON 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 MARVEL FALCON 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 8:45 a.m. 
until 11:59 p.m. on May 14, 2019. For the purposes of enforcement, 
actual notice will be used from May 9, 2019 until 11:59 p.m. on May 14, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0322 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 May 9, 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) MARVEL FALCON between May 9, 2019 and May 14, 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.

IV. Discussion of the Rule

    This rule establishes two security zones around LNGC MARVEL FALCON 
from May 9, 2019 through May 14, 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 MARVEL FALCON is 
moored. A moving security zone will cover all navigable waters within a 
500-yard radius of the LNGC MARVEL FALCON 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

[[Page 21705]]

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 environment. This rule involves 
a temporary fixed security zone while LNGC MARVEL FALCON 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 MARVEL FALCON. 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:

    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.T08-0322 to read as follows:


Sec.  165.T08-0322  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 Liquefied Natural Gas 
Carrier (LNGC) MARVEL FALCON is moored.
    (2) All navigable waters encompassing a 500-yard radius around the 
LNGC MARVEL FALCON while transiting outbound with cargo through the La 
Quinta Channel and Corpus Christi Ship Channel.

[[Page 21706]]

    (b) Effective period. This section is effective without actual 
notice from 8:45 a.m. until 11:59 p.m. on May 14, 2019. For the 
purposes of enforcement, actual notice will be used from May 9, 2019 
until 11:59 a.m. on May 14, 2019.
    (c) Period of enforcement. This section will be enforced from the 
time LNGC MARVEL FALCON moors and while the vessel is transiting 
outbound through the La Quinta Channel and Corpus Christi Ship Channel 
from May 9, 2019 through May 14, 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: May 6, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-10090 Filed 5-14-19; 8:45 am]
BILLING CODE 9110-04-P