Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 43413-43415 [2021-16738]
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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
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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 https://
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,
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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.
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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
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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.
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
