Proposed Rule2025-23773
Security Zones; Vessels Carrying Dangerous Cargo, Corpus Christi and La Quinta Ship Channels, Corpus Christi, TX
Primary source
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Published
December 23, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a security zone around vessels carrying Certain Dangerous Cargos (CDCs), for which the Captain of the Port, Corpus Christi deems enhanced security measures are necessary on a case-by-case basis. This security zone is needed to safeguard these vessels, the public, and the surrounding area from sabotage or other subversive acts, accidents, or other events of a similar nature. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Proposed Rules]
[Pages 60053-60055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23773]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0703]
RIN 1625-AA87
Security Zones; Vessels Carrying Dangerous Cargo, Corpus Christi
and La Quinta Ship Channels, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a security zone
around vessels carrying Certain Dangerous Cargos (CDCs), for which the
Captain of the Port, Corpus Christi deems enhanced security measures
are necessary on a case-by-case basis. This security zone is needed to
safeguard these vessels, the public, and the surrounding area from
sabotage or other subversive acts, accidents, or other events of a
similar nature. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 22, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0703 using the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Tim Cardenas, Sector Corpus Christi Waterways
Management Division, U.S. Coast Guard; telephone 361-244-4784, email
<a href="/cdn-cgi/l/email-protection#6e3a0703011a06174024402d0f1c0a0b000f1d2e1b1d0d0940030702"><span class="__cf_email__" data-cfemail="ca9ea3a7a5bea2b3e480e489abb8aeafa4abb98abfb9a9ade4a7a3a6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CDC Certain Dangerous Cargo
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
This proposed rule would establish a permanent security zone that
could be activated as necessary to protect vessels carrying CDC bound
for the Port of Corpus Christi. Vessels carrying CDC within the Captain
of the Port Corpus Christi Zone are potential targets of terrorist
attacks, or potential launch platforms for terrorist attacks on other
vessels, waterfront facilities, and adjacent population centers. In the
last 2 years, the Port of Corpus Christi has seen more than 450 vessels
enter or depart the port carrying CDCs, with that number projected to
almost double in the next 15 years.
The Coast Guard has previously created temporary security zones for
individual vessel transits, see for example 89 FR 96533, December 5,
2024. Continuing to create individual security zones will result in a
significant administrative burden to the unit based on the expected
number of future transits, and it will also delay public notice for
individual security zone activations. Therefore, the Coast Guard is
proposing to establish this permanent security zone to protect
waterfront facilities, persons, and vessels from subversive or
terrorist acts. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70051 and 70124.
Due to the potential of terrorist attacks, this proposed rule would
allow the Captain of the Port to activate security zones around vessels
carrying CDC as deemed necessary, on a case-by-case basis. By limiting
access to the area immediately around these vessels, the Coast Guard is
reducing potential methods of attack on these vessels, and potential
use of the vessels to launch attacks on waterfront facilities and
adjacent population centers located within the Captain of the Port
zone. Vessels having need to enter these security zones must obtain
express
[[Page 60054]]
permission from the Captain of the Port or his designated
representative prior to entry.
III. Discussion of the Proposed Rule
The Coast Guard proposes to establish a security zone around
certain vessels carrying CDC, for which the Captain of the Port Corpus
Christi deems enhanced security measures necessary on a case-by-case
basis. These security zones would be activated for certain vessels
within the COTP zone laden with CDC and transiting the Corpus Christi
or La Quinta Shipping Channels. These security zones would encompass a
500-yard radius around these vessels while transiting the ship channel,
or when moored at a facility and loading or unloading CDC. These
security zones are needed to safeguard the vessels, the public, and the
surrounding area from sabotage or other subversive acts, accidents, or
other events of a similar nature.
Vessels may transit through the security zone but must maintain the
minimum speed necessary to maintain course, except no vessel may come
within 100 yards of a vessel carrying CDC unless they first receive
permission from the COTP. Vessels can request permission from the COTP
to enter or transit through a security zone on VHF-FM channel 16 or by
telephone at 361-939-0450. If permission is granted, all persons and
vessels must comply with the instructions of the COTP or designated
representative. The COTP or a designated representative will inform the
public of the activation of security zones for CDC vessels through
Broadcast Notice to Mariners and Marine Safety Information Bulletins
(MSIBs) as appropriate for the enforcement times and dates for these
security zones.
IV. Regulatory Analyses
We developed this proposed 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.
A. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons.
This rule will impact a small, designated area of 500-yards around
a moving vessel in the Corpus Christi or La Quinta Shipping Channels
over a period of six hours or less. Most vessels will be able to move
around the security zone and therefore the impediment to the movement
of other vessels will be minimal. Moreover, the rule allows other
vessels to seek permission from the COTP to enter the zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will
affect your small business, organization, or governmental jurisdiction
and you have questions, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Small businesses may send comments to the
Small Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247).
C. Collection of Information
This proposed rule would 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
We have analyzed this proposed rule under Executive Order 13132,
Federalism, and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
Also, this proposed 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.
E. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this proposed rule will not
result in an annual expenditure of $100,000,000 or more (adjusted for
inflation) by a State, local, or tribal government, in the aggregate,
or by the private sector.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination 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 proposed rule involves establishing a security zone around
vessels laden with CDC as they transit through the Corpus Christi or La
Quinta Shipping Channels. These transits typically last up to six
hours. It will prohibit entry within a 500-yard radius of these vessels
while transiting, and when loaded with CDC at the pier. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0703 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
[[Page 60055]]
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.848 to read as follows:
Sec. 165.848 Security Zones; Vessels Carrying Dangerous Cargo, Corpus
Christi and La Quinta Ship Channels, Corpus Christi, TX.
(a) Location. The following area is a security zone: All waters
within the Corpus Christi or La Quinta Shipping Channel, from surface
to bottom, encompassing a 500-yard radius around vessels loaded with
certain dangerous cargo.
(b) Definitions. As used in this section:
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector Corpus
Christi (COTP) in the enforcement of the security zone.
Certain dangerous cargo or CDC means a material defined as CDC in
33 CFR 160.202.
(c) Regulations. (1) No vessel may approach within 500 yards of a
passenger vessel or vessel carrying a CDC within the Captain of the
Port Corpus Christi zone, unless traveling at the minimum speed
necessary to navigate safely.
(2) Under the general security zone regulations in subpart D of
this part, no vessel or person may approach within 100 yards of a
vessel carrying a CDC within the Corpus Christi or La Quinta Ship
Channels, unless authorized by the COTP Sector Corpus Christi or his or
her designated representative.
(3) Persons or vessels desiring to enter or pass through the zone
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at 361-939-0450. If permission is granted,
all persons and vessels must comply with all lawful orders and
directions of the COTP or the COTP's designated representative.
(d) Enforcement. When this security zone is activated for vessels
carrying CDC within the location above, the COTP or a designated
representative will provide notice to the public of the specific dates,
times, and vessel names through Broadcast Notices to Mariners (BNMs) or
Marine Safety Information Bulletins (MSIBs) of the enforcement times
and dates for this security zone. The COTP may also enlist the aid and
cooperation of any Federal, state, county, or municipal law enforcement
agency to assist in the enforcement of the regulation.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-23773 Filed 12-22-25; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.