Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX, 57830-57832 [2022-20548]
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
(f) The Environmental Law Division,
USALSA, 9275 Gunston Road, Fort Belvoir,
VA 22060, is the disclosure authority for
requests and demands involving:
(1) Energy, communication, transportation,
or utility service proceedings.
(2) Environmental or natural resources
matters, to include water rights and
affirmative environmental cost recovery.
(g) The Tort Litigation Branch, Litigation
Division, USALSA, 9275 Gunston Road, Fort
Belvoir, VA 22060, is the disclosure authority
for requests and demands involving medical
care cost recovery or property claims brought
by the United States.
(h) The Office of the Chief Counsel, U.S.
Army Corps of Engineers (USACE), 441 G
Street NW, Washington, DC, 20314–1000, is
the disclosure authority for requests and
demands involving USACE navigation, civil
works, Clean Water Act 404 permit authority,
environmental response activities, or real
property functions.
(i) DA personnel may not release Inspector
General (IG) records or present testimony
involving information obtained through the
performance of IG duties, except with the
approval of the Secretary of the Army, The
Inspector General (TIG), the TIG Legal
Advisor, or the Chief, Litigation Division.
Should the information or witness be
located in a Headquarters-level office, the
request or demand must be submitted to the
Commercial Litigation Field Support Center
(for matters involving contracts, acquisition,
and procurement) or to the Air Force General
Litigation Division (for all other matters).
Their addresses are: Commercial Litigation
Field Support Center, AFLOA/JAQC, 1500
W. Perimeter Rd., Suite 4100, Joint Base
Andrews, MD 20762; Air Force General
Litigation Division, AFLOA/JACL, 1500 W
Perimeter Rd., Suite 1370, 1st Floor, Joint
Base Andrews, MD 20762.
Appendix B to Part 97—Litigation
Requests and Demands to the
Department of the Navy
[Docket Number USCG–2022–0797]
A litigation request to the Department of
the Navy must be submitted to the
appropriate determining authority as defined
in Secretary of the Navy Instruction 5820.8,
‘‘Release of Official Information for Litigation
Purposes and Testimony by Department of
the Navy Personnel,’’ August 27, 1991, as
amended (available at https://
www.secnav.navy.mil/doni/Directives/
05000%20General%20Management
%20Security%20and%20Safety
%20Services/05-800%20Laws%20and
%20Legal%20Services/5820.8A%20CH1.pdf).
As with all service of process on the
Department of the Navy, a demand (subpoena
or court order) must be delivered to the Naval
Litigation Office using registered or certified
mail, a commercial courier service, or a
process server. The address for all service of
process is: General Counsel of the
Department of the Navy, Naval Litigation
Office, 720 Kennon St. SE, Room 233,
Washington Navy Yard, DC 20374–5013.
Answers to frequently asked questions on
Touhy requests are available at https://
www.jag.navy.mil/organization/documents/
Touhy_Requests.pdf. Contact the Office of
the General Counsel at 202–685–7039 or the
Office of the Judge Advocate General at 202–
685–5450 with any additional questions.
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
A litigation request or demand to the
Department of the Air Force must be
submitted to the base-level or servicing Staff
Judge Advocate for the installation or
organization where the official information or
witness is located.
16:21 Sep 21, 2022
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[FR Doc. 2022–20433 Filed 9–21–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA87
Appendix C to Part 97—Litigation
Requests and Demands to the
Department of the Air Force
VerDate Sep<11>2014
Dated: September 16, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary, 500-yard
radius, moving security zones for
certain vessels carrying Certain
Dangerous Cargoes (CDC) within the
Corpus Christi Ship Channel and La
Quinta Channel. The temporary security
zones are needed to protect the vessels,
the CDC cargo, and the surrounding
waterway from terrorist acts, sabotage,
or other subversive acts, accidents, or
other events of a similar nature. Entry of
vessels or persons into these zones is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from September 22, 2022
until September 25, 2022. For the
purposes of enforcement, actual notice
will be used from September 21, 2022,
until September 22, 2022.
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 Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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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 September 21, 2022 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 the
vessel.
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 Motor Vessel (M/V)
CELSIUS CAROLINA when loaded will
be a security concern within a 500-yard
radius of the vessel. This rule is needed
to provide for the safety and security the
vessel, their cargo, and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature while they are
transiting within Corpus Christi, TX,
from September 21, 2022 until
September 25, 2022.
IV. Discussion of the Rule
The Coast Guard is establishing four
500-yard radius temporary moving
security zones around M/V CELSIUS
CAROLINA. The zone for the vessel will
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
be enforced from September 21, 2022,
until September 25, 2022. The duration
of the zone is intended to protect the
vessel and cargo and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature. No vessel or
person will be permitted to enter the
security zone without obtaining
permission from the COTP or a
designated representative.
Entry into the security zone is
prohibited unless authorized by the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Corpus Christi. Persons or
vessels desiring to enter or pass through
each zone 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 for the
enforcement times and dates for each
security zone.
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.
jspears on DSK121TN23PROD with RULES
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
500-yards around the moving vessel in
the Corpus Christi Ship Channel and La
Quinta Channel as the vessels transit the
channel over a five day period.
Moreover, the rule allows vessels to
seek permission to enter the zones.
VerDate Sep<11>2014
16:21 Sep 21, 2022
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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 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
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57831
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 moving
security zone lasting for the duration of
time that the M/V CELSIUS CAROLINA
is within the Corpus Christi Ship
Channel and La Quinta Channel while
loaded with cargo. It will prohibit entry
within a 500 yard radius of M/V
CELSIUS CAROLINA while the vessel is
transiting loaded within Corpus Christi
Ship Channel and La Quinta Channel. It
is categorically excluded from further
review under L60 in Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
on locating the docket, see the
ADDRESSES section of this preamble.
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
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–20548 Filed 9–21–22; 8:45 am]
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:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0947; FRL–9640–02–
R4]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Air Plan Approval; Mississippi;
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standards
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.
AGENCY:
2. Add § 165.T08–0797 to read as
follows:
SUMMARY:
■
§ 165.T08–0797 Security Zones; Corpus
Christi Ship Channel. Corpus Christi, TX.
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(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.
(a) Location. The following area is a
security zone: All navigable waters
encompassing a 500-yard radius around
the M/V CELSIUS CAROLINA while the
vessel is in the Corpus Christi Ship
Channel and La Quinta Channel.
(b) Enforcement period. This section
will be enforced from September 21,
2022 until September 25, 2022.
(c) Regulations. (1) The general
regulations in § 165.33 of this part
apply. Entry into the zones described in
paragraph (a) of this section 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.
VerDate Sep<11>2014
16:21 Sep 21, 2022
Jkt 256001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
submission provided by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), through a letter dated January
25, 2021. This approval pertains to
certain infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2015 8-hour ozone national ambient air
quality standards (NAAQS or
standards). Whenever EPA promulgates
a new or revised NAAQS, the CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of that
NAAQS. EPA is approving portions of
Mississippi’s January 25, 2021,
submittal as the state has certified that
its SIP contains provisions that ensure
the 2015 8-hour ozone NAAQS is
implemented, enforced, and maintained
in Mississippi. EPA has determined that
Mississippi’s infrastructure SIP
submission satisfies certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
DATES: This rule is effective October 24,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0947. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
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some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests, that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated
a revised primary and secondary
NAAQS for ozone, revising the 8-hour
ozone standards from 0.075 parts per
million (ppm) to a new more protective
level of 0.070 ppm. See 80 FR 65292
(October 26, 2015). Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIP revisions meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the NAAQS. This
particular type of SIP is commonly
referred to as an ‘‘infrastructure SIP’’ or
‘‘iSIP.’’ States were required to submit
such SIP revisions for the 2015 8-hour
ozone NAAQS to EPA no later than
October 1, 2018.1
1 In infrastructure SIP submissions, states
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the SIP. In
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]]>Agencies
[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57830-57832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20548]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0797]
RIN 1625-AA87
Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three temporary, 500-yard
radius, moving security zones for certain vessels carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La
Quinta Channel. The temporary security zones are needed to protect the
vessels, the CDC cargo, and the surrounding waterway from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into these zones is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.
DATES: This rule is effective without actual notice from September 22,
2022 until September 25, 2022. For the purposes of enforcement, actual
notice will be used from September 21, 2022, until September 22, 2022.
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 September 21, 2022 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 the vessel.
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 Motor Vessel (M/V) CELSIUS CAROLINA when loaded
will be a security concern within a 500-yard radius of the vessel. This
rule is needed to provide for the safety and security the vessel, their
cargo, and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature while
they are transiting within Corpus Christi, TX, from September 21, 2022
until September 25, 2022.
IV. Discussion of the Rule
The Coast Guard is establishing four 500-yard radius temporary
moving security zones around M/V CELSIUS CAROLINA. The zone for the
vessel will
[[Page 57831]]
be enforced from September 21, 2022, until September 25, 2022. The
duration of the zone is intended to protect the vessel and cargo and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other events of a similar nature. No vessel or
person will be permitted to enter the security zone without obtaining
permission from the COTP or a designated representative.
Entry into the security zone is prohibited unless authorized by the
COTP or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of USCG Sector Corpus
Christi. Persons or vessels desiring to enter or pass through each zone
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 for the enforcement times
and dates for each security zone.
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 500-yards around the moving vessel in the
Corpus Christi Ship Channel and La Quinta Channel as the vessels
transit the channel over a five day period. Moreover, 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 zone may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and 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 moving security zone lasting for the
duration of time that the M/V CELSIUS CAROLINA is within the Corpus
Christi Ship Channel and La Quinta Channel while loaded with cargo. It
will prohibit entry within a 500 yard radius of M/V CELSIUS CAROLINA
while the vessel is transiting loaded within Corpus Christi Ship
Channel and La Quinta Channel. It is categorically excluded from
further review under L60 in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A record of Environmental Consideration
supporting this determination is available in the docket. For
instructions
[[Page 57832]]
on locating the docket, see the ADDRESSES section of this preamble.
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.T08-0797 to read as follows:
Sec. 165.T08-0797 Security Zones; Corpus Christi Ship Channel.
Corpus Christi, TX.
(a) Location. The following area is a security zone: All navigable
waters encompassing a 500-yard radius around the M/V CELSIUS CAROLINA
while the vessel is in the Corpus Christi Ship Channel and La Quinta
Channel.
(b) Enforcement period. This section will be enforced from
September 21, 2022 until September 25, 2022.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part apply. Entry into the zones described in paragraph (a) of
this section 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.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-20548 Filed 9-21-22; 8:45 am]
BILLING CODE 9110-04-P
