Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 43413-43415 [2021-16738]

Download as PDF Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations Accordingly, 14 CFR part 1204 is amended as follows: Executive Order 13175—Consultation and Coordination With Indian Tribal Governments This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175. NASA has determined that this removal of Subpart 1204.3 does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13175 does not apply. Subpart 3 [Removed and Reserved] Under the authority of 51 U.S.C. 20113(a), subpart 3, consisting of §§ 1204.300 through 1204.313, is removed and reserved. ■ Nanette Smith, Team Lead, NASA Directives and Regulations. [FR Doc. 2021–16772 Filed 8–6–21; 8:45 am] Regulatory Flexibility Act BILLING CODE 7510–13–P It has been certified that removal of Subpart 1204.3 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it does not have a significant economic impact on a substantial number of small entities. DEPARTMENT OF HOMELAND SECURITY Administrative Procedure Act 33 CFR Part 165 This final rule responds to Executive Order 13992 that requires agencies to remove the CFR regulations that set forth processes and procedures for issuing guidance documents. Therefore, in accordance with 5 U.S.C. 553, the Administrator of NASA has concluded that there is good cause to publish this rule without prior opportunity for public comment because the action is of Agency organization, procedure, or practice. See 5 U.S.C 553(b)(3)(A). [Docket Number USCG–2021–0616] Coast Guard RIN 1625–AA87 Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: This rule does not contain an information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Coast Guard is establishing three 500-yard radius temporary security zones around Motor Vessel (M/V) ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM. These zones are needed to protect the vessels, which will be carrying military cargo onboard, while they are transiting the Corpus Christi Ship Channel in Corpus Christi, TX. Entry of vessels or persons into the zones are 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 August 9, 2021 through August 20, 2021. For the purposes of enforcement, actual notice will be used from August 2, 2021 until August 9, 2021. Unfunded Mandates Reform Act of 1995 ADDRESSES: Statutory Authority Part 1204 is established under the National Aeronautics and Space Act (Space Act). In accordance with 51 U.S.C. 20113(a), ‘‘In the performance of its functions, the Administration is authorized to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law.’’ Paperwork Reduction Act lotter on DSK11XQN23PROD with RULES1 PART 1204—ADMINISTRATIVE AUTHORITY AND POLICY This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. List of Subjects in 14 CFR Part 1204 Administrative practice and procedure. VerDate Sep<11>2014 16:04 Aug 06, 2021 Jkt 253001 SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2021– 0616 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 Lieutenant Commander Anthony Garofalo, Sector Corpus Christi PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 43413 Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@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 § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish these security zones by August 2, 2021 to ensure security of these vessels and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to provide for the security of these vessels. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards associated with the transit of the M/V ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM when loaded with military cargo will be a security concern within a 500-yard radius of the vessels. This rule is needed to protect the vessels while they are transiting within Corpus Christi, TX, from August 2, 2021 through August 20, 2021. IV. Discussion of the Rule The Coast Guard is establishing three 500-yard radius temporary security zones around M/V ARC ENDURANCE, E:\FR\FM\09AUR1.SGM 09AUR1 43414 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations M/V LIBERTY PEACE, and M/V OCEAN FREEDOM. The zones for the vessels will be enforced from the time the first vessel arrives on August 2, 2021, until the last vessel arrives Corpus Christi Ship Channel on August 14, 2021. The duration of the zones is intended to protect the vessels and military cargo on board while the vessels are in transit. 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 are 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 these 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), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate of the enforcement times and dates for these security zones. lotter on DSK11XQN23PROD with RULES1 V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, duration, and location of the security zones. This rule will impact a small designated area of the Corpus Christi Ship Channel during the vessels’ transits while loaded with cargo over a nineteen-day period. Moreover, the Coast Guard will issue BNMs via VHF–FM marine channel 16 VerDate Sep<11>2014 16:04 Aug 06, 2021 Jkt 253001 about the zones as appropriate 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 security zones may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves security zones lasting for the duration of time that the M/V ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM are within the Corpus Christi Ship Channel. It will prohibit entry within a 500 yard radius of the M/V ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM while the vessels are transiting within the Corpus Christi Ship Channel. It is categorically excluded from further review under paragraph L60 in Appendix A, Table 1 of DHS Instruction E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations Manual 023–01–001–01, Rev. 1. 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 39 CFR Part 111 1. The authority citation for part 165 continues to read as follows: ■ 2. Revision No. 01.2.2. Add § 165.T08–0616 to read as follows: ■ § 165.T08–0616 Security Zone; Corpus Christi Ship Channel. Corpus Christi, TX. lotter on DSK11XQN23PROD with RULES1 New Mailing Standards for Domestic Mailing Services Products Postal ServiceTM. ACTION: Final rule. AGENCY: On May 28, 2021, the Postal Service (USPS®) filed a notice of mailing services price adjustments with the Postal Regulatory Commission (PRC), effective August 29, 2021. On June 23, 2021 USPS further filed a notice to change the maximum size limitation for presorted First-Class Mail postcards. This final rule contains the revisions to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) to implement the changes coincident with the price adjustments and postcard size limitation changes. DATES: Effective August 29, 2021. FOR FURTHER INFORMATION CONTACT: Jacqueline Erwin at (202) 268–2158 or Dale Kennedy at (202) 268–6592. SUPPLEMENTARY INFORMATION: On July 19, 2021, the PRC favorably reviewed the price adjustments proposed by the Postal Service. On July 28, 2021, the PRC favorably reviewed the presorted postcard maximum size limitations proposed by the Postal Service. The price adjustments, presorted postcard maximum limitations and DMM revisions are scheduled to become effective on August 29, 2021. Final prices are available under Docket No. R2021–2 (Order No. 5937), and presorted postcard maximum size limitations are available under Docket No. MC2021–104 (Order No. 5946) on the Postal Regulatory Commission’s website at www.prc.gov. SUMMARY: 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. 00170.1. (a) Location. The following areas are a security zone: All navigable waters encompassing a 500-yard radius around Motor Vessel (M/V) ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM while the vessels are in the Corpus Christi Ship Channel. (b) Effective period. This section is from August 2, 2021 through August 20, 2021. (c) Regulations. (1) The general regulations in § 165.33 of this part apply. Entry into the zones is prohibited unless authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Corpus Christi. (2) Persons or vessels desiring to enter or pass through the zones must request permission from the COTP Sector Corpus Christi on VHF–FM channel 16 or by telephone at 361–939–0450. (3) If permission is granted, all persons and vessels shall comply with Jkt 253001 [FR Doc. 2021–16738 Filed 8–6–21; 8:45 am] POSTAL SERVICE PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 16:04 Aug 06, 2021 Dated: July 31, 2021. H.C. Govertsen, Captain, U.S. Coast Guard, Captain of the Port Corpus Christi. BILLING CODE 9110–04–P 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: VerDate Sep<11>2014 the instructions of the COTP or designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate of the enforcement times and dates for these security zones. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 43415 Direct Pallet Discount for Marketing Mail High Density Flats The Postal Service is offering additional discounts to move additional USPS Marketing Mail High Density flats to direct pallets. Flat shaped pieces on direct pallets are operationally desirable, as pallets can be directly cross docked to the Destination Delivery Units (DDUs). The pallets will consist of Carrier Route and finer sorted bundles such as High Density, High Density Plus, and Saturation. The nature of their make-up allows the Postal Service to avoid moving these pallets to bundle sorters within the plant, sorting the bundles, and moving these bundles back to the dock to be transported to the DDU. First-Class Mail Nonautomation Letters Change The Postal Service is offering two prices for nonautomation machinable letters, AADC and Mixed AADC; and three prices for nonautomation nonmachinable letters, 5-digit, 3-digit, and Mixed ADC. This structural change will reduce revenue at risk and better align prices for customers mailing nonautomation letters, machinable and nonmachinable. This change will also eliminate the nonmachinable surcharge applicable to nonautomation presort letters. First-Class Mail Commercial Larger Postcard The Postal Service is offering to increase the maximum dimensions for commercial postcards, from 4–1/4 inches by 6 inches to 6 inches by 9 inches. Comments on Proposed Changes and USPS Responses The Postal Service received two formal comments on the June 3, 2021 proposed rule. Customer Comment One comment expressed concerns around the lack of clarity surrounding future price increase from a timing and scale perspective. USPS Response In its notice of mailing services price adjustments with the PRC, the Postal Service explained that the Governors determined to shift from the Postal Service’s previous January implementation schedule for annual price increases to an August timeline for 2021 in light of the recent adoption of the PRC’s amendments to the ratemaking system and the urgent need to begin addressing the Postal Service’s financial challenges through E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Rules and Regulations]
[Pages 43413-43415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16738]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0616]
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 three 500-yard radius 
temporary security zones around Motor Vessel (M/V) ARC ENDURANCE, M/V 
LIBERTY PEACE, and M/V OCEAN FREEDOM. These zones are needed to protect 
the vessels, which will be carrying military cargo onboard, while they 
are transiting the Corpus Christi Ship Channel in Corpus Christi, TX. 
Entry of vessels or persons into the zones are 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 August 9, 2021 
through August 20, 2021. For the purposes of enforcement, actual notice 
will be used from August 2, 2021 until August 9, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0616 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 Lieutenant Commander Anthony Garofalo, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish these security zones by August 2, 2021 to ensure security of 
these vessels and lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to provide for the security of these vessels.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Corpus Christi (COTP) has determined that potential hazards associated 
with the transit of the M/V ARC ENDURANCE, M/V LIBERTY PEACE, and M/V 
OCEAN FREEDOM when loaded with military cargo will be a security 
concern within a 500-yard radius of the vessels. This rule is needed to 
protect the vessels while they are transiting within Corpus Christi, 
TX, from August 2, 2021 through August 20, 2021.

IV. Discussion of the Rule

    The Coast Guard is establishing three 500-yard radius temporary 
security zones around M/V ARC ENDURANCE,

[[Page 43414]]

M/V LIBERTY PEACE, and M/V OCEAN FREEDOM. The zones for the vessels 
will be enforced from the time the first vessel arrives on August 2, 
2021, until the last vessel arrives Corpus Christi Ship Channel on 
August 14, 2021. The duration of the zones is intended to protect the 
vessels and military cargo on board while the vessels are in transit. 
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 are 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 these 
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), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) as appropriate 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. 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).
    This regulatory action determination is based on the size, 
duration, and location of the security zones. This rule will impact a 
small designated area of the Corpus Christi Ship Channel during the 
vessels' transits while loaded with cargo over a nineteen-day period. 
Moreover, the Coast Guard will issue BNMs via VHF-FM marine channel 16 
about the zones as appropriate 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 security zones may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves security zones lasting for the duration 
of time that the M/V ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN 
FREEDOM are within the Corpus Christi Ship Channel. It will prohibit 
entry within a 500 yard radius of the M/V ARC ENDURANCE, M/V LIBERTY 
PEACE, and M/V OCEAN FREEDOM while the vessels are transiting within 
the Corpus Christi Ship Channel. It is categorically excluded from 
further review under paragraph L60 in Appendix A, Table 1 of DHS 
Instruction

[[Page 43415]]

Manual 023-01-001-01, Rev. 1. 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. 00170.1.


0
2. Revision No. 01.2.2. Add Sec.  165.T08-0616 to read as follows:


Sec.  165.T08-0616  Security Zone; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following areas are a security zone: All 
navigable waters encompassing a 500-yard radius around Motor Vessel (M/
V) ARC ENDURANCE, M/V LIBERTY PEACE, and M/V OCEAN FREEDOM while the 
vessels are in the Corpus Christi Ship Channel.
    (b) Effective period. This section is from August 2, 2021 through 
August 20, 2021.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of 
this part apply. Entry into the zones is prohibited unless authorized 
by the Captain of the Port Sector Corpus Christi (COTP) or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones 
must request permission from the COTP Sector Corpus Christi on VHF-FM 
channel 16 or by telephone at 361-939-0450.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
these security zones.

    Dated: July 31, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
[FR Doc. 2021-16738 Filed 8-6-21; 8:45 am]
BILLING CODE 9110-04-P