Safety Zone; Corpus Christi Ship Channel, Mile Markers 19 and 20, Victoria, TX, 72188-72190 [2021-27548]
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72188
Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations
correct cracks on the stabilator tip tube and
weight assembly. The unsafe condition, if not
addressed, could cause weakening of the
complete structure and lead to loss of the
trim tab and counter balance weight, which
may result in reduced airplane control.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Previously Required Actions Retained
From AD 78–02–03
(1) Within 50 hours time-in-service (TIS)
after January 26, 1978 (the effective date of
AD 78–02–03), do the following inspections
and modifications.
(i) For airplanes with serial numbers 27–
7654001 through 27–7754054, inspect both
stabilator tip ribs for missing rivets and
missing tube and weight assembly
attachment screws and if necessary alter in
accordance with Piper Service Bulletin (SB)
547, dated March 1, 1977.
(ii) For airplanes with serial numbers 27–
7654001 through 27–7754127, 27–7754130,
27–7754131, 27–7754133 through 27–
7754136, and 27–7754138 through 27–
7754144, replace the right and left stabilator
tab forward inboard rib/horn assemblies by
installing Piper Kit 761 143 or equivalent kit
in accordance with Piper SB 569, dated
August 24, 1977.
(iii) For airplanes with serial numbers 27–
7654001 through 27–7754041 equipped with
stabilators Piper part number (P/N) 15658–2,
15658–3, 15658–22 or 15658–23, reinforce
the mounting of the stabilator tube and
weight assemblies by installing additional
nose-ribs with Piper Kit 761 141 or
equivalent kit in accordance with Piper
Service Letter 807A, dated September 8,
1977.
(2) Before further flight after completing
the alterations in paragraphs (g)(1)(ii) and
(iii) of this AD, balance the stabilator.
jspears on DSK121TN23PROD with RULES1
(h) Inspection of Stabilator Tip Tube and
Weight Assembly
Within 10 hours TIS after the effective date
of this AD or within 100 hours TIS after
completing the last inspection required by
paragraph (a) of AD 78–02–03, whichever
occurs later, and thereafter at intervals not to
exceed 100 hours TIS, inspect the left and
right stabilator balance weight assemblies for
cracks and complete any necessary repairs by
following Parts I and II of the Instructions in
Piper SB No. 540B, dated February 9, 2021,
except you are not required to contact Piper
for repair instructions. Instead, repair in
accordance with FAA-approved procedures.
(i) Credit for Previous Actions
You may take credit for the initial
inspection and corrective actions required by
paragraph (h) of this AD if you performed
those actions before the effective date of this
AD using Piper SB No. 540, dated January 4,
1977, or SB No. 540A, dated October 20,
1980.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Atlanta ACO Branch,
FAA, has the authority to approve AMOCs
VerDate Sep<11>2014
17:14 Dec 20, 2021
Jkt 256001
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) For service information that contains
steps that are labeled as Required for
Compliance (RC), the following provisions
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(k) Related Information
For more information about this AD,
contact John Marshall, Aviation Safety
Engineer, Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA 30337;
phone: (404) 474–5524; fax: (404) 474–5605;
email: john.r.marshall@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Piper Service Bulletin No. 547, dated
March 1, 1977.
(ii) Piper Service Bulletin No. 569, dated
August 24, 1977.
(iii) Piper Service Letter No. 807A, dated
September 8, 1977.
(iv) Piper Service Bulletin No. 540B,
February 9, 2021.
(3) For the service information identified in
this AD, contact Piper Aircraft, Inc., 2926
Piper Drive, Vero Beach, FL 32960; phone:
(772) 299–2141; website: https://
www.piper.com/.
(4) You may view this referenced service
information at the FAA, Airworthiness
Products Section, Operational Safety Branch,
901 Locust, Kansas City, MO 64106. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
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Issued on December 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–27510 Filed 12–20–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0916]
RIN 1625–AA00
Safety Zone; Corpus Christi Ship
Channel, Mile Markers 19 and 20,
Victoria, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Corpus
Christi Ship Channel, between mile
markers 19 and 20. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by pipelines
that will be removed from the floor of
the Corpus Christi Ship Channel. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
DATES: This rule is effective from 10
a.m. through 2:30 p.m. every day from
December 21, 2021, until December 22,
2021. For the purposes of enforcement,
actual notice will be used from
December 15, 2021, until December 21,
2021.
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 CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations
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 this
safety zone immediately to protect
personnel, vessels, and the marine
environment from potential hazards
created by pipelines removal operations
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 respond to the potential
safety hazards associated with pipeline
removal operations in the Corpus
Christi Ship Channel.
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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
pipeline removal operations occurring
from 10 a.m. through 2:30 p.m. every
day from December 15, 2021, through
December 22, 2021, will be a safety
concern for anyone within the Corpus
Christi Ship Channel between mile
markers 19 and 20. The purpose of this
rule is to ensure safety of vessels and
persons on these navigable waters in the
safety zone while pipelines are removed
from the floor of the Corpus Christi Ship
Channel.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 10 a.m. through 2:30
p.m. every day from December 15, 2021,
through December 22, 2021. The safety
zone will encompass all navigable
waters of the Corpus Christi Ship
Channel defined by the following
coordinates; 27°49′27″ N, 097°8′38″ W;
27°49′34″ N, 097°8′41″ W; 27°49′26″ N,
097°8′29″ W; 27°49′35″ N, 097°8′31″ W.
The pipeline will be removed along the
floor of the Corpus Christi Ship
Channel. No vessel or person is
permitted to enter the temporary safety
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17:14 Dec 20, 2021
Jkt 256001
zone during the effective period without
obtaining permission from the COTP or
a designated representative, who may be
contacted on Channel 16 VHF–FM
(156.8 MHz) or by telephone at 361–
939–0450. The Coast Guard will issue
Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
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, location, and
duration of the safety zone. The
temporary safety zone of 1,300 feet by
1,900 feet will be enforced for a short
period of only 4.5 hours every day. The
rule does not completely restrict the
traffic within a waterway and allows
mariners to request permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety 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
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72189
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.
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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations
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
establishment of a temporary safety
zone for navigable waters of the Corpus
Christi Ship Channel between markers
19 and 20. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by pipeline that will be
removed from the floor of the Corpus
Christi Ship Channel. It is categorically
excluded from further review under
paragraph L60(c) Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A record of
environmental consideration is not
necessary, but will be added to the
docket if needed.
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.
jspears on DSK121TN23PROD with RULES1
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:
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17:14 Dec 20, 2021
Jkt 256001
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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0916 to read as
follows:
■
§ 165.T08–0916 Safety Zone; Corpus
Christi Ship Channel, Miler Markers 19 to
20, Victoria, TX.
(a) Location. The following area is a
safety zone: All navigable waters of the
Corpus Christi Ship Channel defined by
the following coordinates; 27°49′27″ N,
097°8′38″ W; 27°49′34″ N, 097°8′41″ W;
27°49′26″ N, 097°8′29″ W; 27°49′35″ N,
097°8′31″ W.
(b) Effective period. This section is
effective from 10 a.m. through 2:30 p.m.
every day from December 21, 2021, until
December 22, 2021. For the purposes of
enforcement, actual notice will be used
from December 15, 2021, until
December 21, 2021.
(c) Regulations. (1) According to the
general regulations in § 165.23, entry
into this temporary safety zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) 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 of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2021–27548 Filed 12–20–21; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0022; FRL–9123–01–
OCSPP]
Spinetoram; Pesticide Tolerances
Environmental Protection
Agency (EPA).
AGENCY:
Frm 00046
Fmt 4700
Final rule.
This regulation establishes
tolerances for residues of spinetoram in
or on multiple commodities which are
identified and discussed later in this
document. Clarke Mosquito Control
Products, Inc., requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
December 21, 2021. Objections and
requests for hearings must be received
on or before February 22, 2022, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0022, is
available at https://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.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, 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:
SUMMARY:
I. General Information
BILLING CODE 9110–04–P
PO 00000
ACTION:
Sfmt 4700
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:
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]]>Agencies
[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Rules and Regulations]
[Pages 72188-72190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0916]
RIN 1625-AA00
Safety Zone; Corpus Christi Ship Channel, Mile Markers 19 and 20,
Victoria, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Corpus Christi Ship Channel, between mile
markers 19 and 20. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
pipelines that will be removed from the floor of the Corpus Christi
Ship Channel. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Corpus
Christi or a designated representative.
DATES: This rule is effective from 10 a.m. through 2:30 p.m. every day
from December 21, 2021, until December 22, 2021. For the purposes of
enforcement, actual notice will be used from December 15, 2021, until
December 21, 2021.
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
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
[[Page 72189]]
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 this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by pipelines
removal operations 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 respond to the potential safety hazards associated
with pipeline removal operations in the Corpus Christi Ship Channel.
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 pipeline removal
operations occurring from 10 a.m. through 2:30 p.m. every day from
December 15, 2021, through December 22, 2021, will be a safety concern
for anyone within the Corpus Christi Ship Channel between mile markers
19 and 20. The purpose of this rule is to ensure safety of vessels and
persons on these navigable waters in the safety zone while pipelines
are removed from the floor of the Corpus Christi Ship Channel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 10 a.m. through
2:30 p.m. every day from December 15, 2021, through December 22, 2021.
The safety zone will encompass all navigable waters of the Corpus
Christi Ship Channel defined by the following coordinates;
27[deg]49'27'' N, 097[deg]8'38'' W; 27[deg]49'34'' N, 097[deg]8'41'' W;
27[deg]49'26'' N, 097[deg]8'29'' W; 27[deg]49'35'' N, 097[deg]8'31'' W.
The pipeline will be removed along the floor of the Corpus Christi Ship
Channel. No vessel or person is permitted to enter the temporary safety
zone during the effective period without obtaining permission from the
COTP or a designated representative, who may be contacted on Channel 16
VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The Coast Guard
will issue Broadcast Notices to Mariners, Local Notices to Mariners,
and/or Safety Marine Information Broadcasts as appropriate.
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,
location, and duration of the safety zone. The temporary safety zone of
1,300 feet by 1,900 feet will be enforced for a short period of only
4.5 hours every day. The rule does not completely restrict the traffic
within a waterway and allows mariners to request permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety 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.
[[Page 72190]]
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 establishment of a temporary safety
zone for navigable waters of the Corpus Christi Ship Channel between
markers 19 and 20. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
pipeline that will be removed from the floor of the Corpus Christi Ship
Channel. It is categorically excluded from further review under
paragraph L60(c) Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A record of environmental consideration is not
necessary, but will be added to the docket if needed.
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, Revision No. 01.2.
0
2. Add Sec. 165.T08-0916 to read as follows:
Sec. 165.T08-0916 Safety Zone; Corpus Christi Ship Channel, Miler
Markers 19 to 20, Victoria, TX.
(a) Location. The following area is a safety zone: All navigable
waters of the Corpus Christi Ship Channel defined by the following
coordinates; 27[deg]49'27'' N, 097[deg]8'38'' W; 27[deg]49'34'' N,
097[deg]8'41'' W; 27[deg]49'26'' N, 097[deg]8'29'' W; 27[deg]49'35'' N,
097[deg]8'31'' W.
(b) Effective period. This section is effective from 10 a.m.
through 2:30 p.m. every day from December 21, 2021, until December 22,
2021. For the purposes of enforcement, actual notice will be used from
December 15, 2021, until December 21, 2021.
(c) Regulations. (1) According to the general regulations in Sec.
165.23, entry into this temporary safety zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a
designated representative. They may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at 361-939-0450.
(2) 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 of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-27548 Filed 12-20-21; 8:45 am]
BILLING CODE 9110-04-P
