Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX, 63687-63689 [2022-22872]
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
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Docket: For access to the docket to
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You may submit comments on any
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Submit written requests for single
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the SUPPLEMENTARY INFORMATION section
for electronic access to the SECG.
FOR FURTHER INFORMATION CONTACT:
Stacie Hammack, Food and Feed
Laboratory Operations, Office of
Regulatory Affairs, Food and Drug
Administration, 60 8th Street NE,
Atlanta, GA 30309, 301–796–5817.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
I. Background
In the Federal Register of December 3,
2021 (86 FR 68728), we issued a final
rule establishing a program for the
testing of food in certain circumstances
by accredited laboratories, as required
under the Federal Food, Drug, and
Cosmetic Act (the final rule).
Establishing this program will help FDA
improve the safety of the U.S. food
supply and protect U.S. consumers by
helping to ensure that certain food
testing of importance to public health is
conducted subject to appropriate
oversight and in accordance with
appropriate model standards to produce
reliable and valid test results. The final
rule, which is codified at 21 CFR part
1, subpart R (21 CFR 1.1101 through
1.1201), became effective February 1,
2022.
We examined the economic
implications of the final rule as required
by the Regulatory Flexibility Act (5
U.S.C. 601–612) and determined that
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15:48 Oct 19, 2022
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the final rule will have a significant
economic impact on a substantial
number of small entities. In compliance
with section 212 of the Small Business
Regulatory Enforcement Fairness Act
(Pub. L. 104–121, as amended by Pub.
L. 110–28), we are making available the
SECG to explain the actions that a small
entity must take to comply with the
rule.
We are issuing the SECG consistent
with our good guidance practices
regulation (21 CFR 10.115(c)(2)). The
SECG represents the current thinking of
FDA on this topic. It does not establish
any rights for any person and is not
binding on FDA or the public. You can
use an alternative approach if it satisfies
the requirements of the applicable
statutes and regulations.
II. Paperwork Reduction Act of 1995
While this guidance contains no
collection of information, it does refer to
previously approved FDA collections of
information. Therefore, clearance by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501–
3521) is not required for this guidance.
The previously approved collections of
information are subject to review by
OMB under the PRA. The collections of
information in 21 CFR part 1, subpart R
have been approved under OMB control
number 0910–0898.
III. Electronic Access
Persons with access to the internet
may obtain the SECG at https://
www.fda.gov/food/food-safetymodernization-act-fsma/fsma-rulesguidance-industry, https://www.fda.gov/
regulatory-information/search-fdaguidance-documents, or https://
www.regulations.gov. Use the FDA
website listed in the previous sentence
to find the most current version of the
guidance.
Dated: October 14, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–22706 Filed 10–19–22; 8:45 am]
BILLING CODE 4164–01–P
PO 00000
63687
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0867]
RIN 1625–AA00
Safety Zone; Corpus Christi Shipping
Channel, Corpus Christi, 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 Shipping Channel in a zone
defined by the following coordinates;
27°50′31.28″ N, 97°04′17.23″ W;
27°50′31.73″ N, 97°04′15.44″ W;
27°50′29.06″ N, 97°04′16.61″ W;
27°50′29.32″ N, 97°04′14.82″ W. 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 Shipping 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.
SUMMARY:
This rule is effective from 7 p.m.
on October 19, 2022, through 5 a.m. on
October 22, 2022. For the purposes of
enforcement, actual notice will be used
from 7 p.m. on October 19, 2022,
through October 20, 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 CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
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
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63688
Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
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 pipeline removal operations
and lack sufficient time to provide a
reasonable comment period and then to
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 Shipping 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 7 p.m. on October 19, 2022,
through 5 a.m. on October 22, 2022, will
be a safety concern for anyone within
the Corpus Christi Shipping Channel in
a zone defined by the following
coordinates; 27°50′31.28″ N,
97°04′17.23″ W; 27°50′31.73″ N,
97°04′15.44″ W; 27°50′29.06″ N,
97°04′16.61″ W; 27°50′29.32″ N,
97°04′14.82″ W. 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
Shipping Channel.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 7 p.m. on October 19,
2022, through 5 a.m. on October 22,
2022, and will be subject to enforcement
from 7 p.m. to 5 a.m. of the next day,
each day. The safety zone will
encompass all navigable waters of the
Corpus Christi Shipping Channel in a
zone defined by the following
coordinates; 27°50′31.28″ N,
97°04′17.23″ W; 27°50′31.73″ N,
97°04′15.44″ W; 27°50′29.06″ N,
97°04′16.61″ W; 27°50′29.32″ N,
97°04′14.82″ W. The pipeline will be
removed along the floor of the Corpus
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15:48 Oct 19, 2022
Jkt 259001
Christi Shipping 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 will be enforced
for a short period of only 9 hours each
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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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.
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / 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 Shipping Channel in a zone
defined by the following coordinates;
27°50′31.28″ N, 97°04′17.23″ W;
27°50′31.73″ N, 97°04′15.44″ W;
27°50′29.06″ N, 97°04′16.61″ W;
27°50′29.32″ N, 97°04′14.82″ W. 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
Shipping 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.
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.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
PART 165–REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF EDUCATION
■
1. The authority citation for part 165
continues to read as follows:
[Docket ID ED–2018–OPE–0076, ED–2018–
OPE–0027]
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.
RIN 1840–AD26, 1840–AD36, 1840–AD37,
1840–AD38
2. Add § 165.T08–0867 to read as
follows:
■
§ 165.T08–0867 Safety Zone; Corpus
Christi Shipping Channel, Corpus Christi,
TX.
(a) Location. The following area is a
safety zone: all navigable waters of the
Corpus Christi Shipping Channel in a
zone defined by the following
coordinates; 27°50′31.28″ N,
97°04′17.23″ W; 27°50′31.73″ N,
97°04′15.44″ W; 27°50′29.06″ N,
97°04′16.61″ W; 27°50′29.32″ N,
97°04′14.82″ W.
(b) Effective period. This section is
effective from 7 p.m. on October 19,
2022, through 5 a.m. on October 22,
2022. This section is subject to
enforcement from 7 p.m. to 5 a.m. of the
next day, each day.
(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.
Dated: October 14, 2022.
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Corpus Christi.
[FR Doc. 2022–22872 Filed 10–18–22; 11:15 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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15:48 Oct 19, 2022
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PO 00000
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34 CFR Parts 668, 600, and 602
Student Assistance General
Provisions, Federal Family Education
Loan Program, and William D. Ford
Federal Direct Loan Program; Student
Assistance General Provisions, The
Secretary’s Recognition of Accrediting
Agencies, The Secretary’s Recognition
Procedures for State Agencies;
Distance Education and Innovation;
Corrections
Office of Postsecondary
Education, Department of Education.
ACTION: Final rule; technical corrections.
AGENCY:
The Department of Education
(Department or we) corrects the text in
regulations issued under the Higher
Education Act of 1965, as amended
(HEA) and published in the Federal
Register on: September 23, 2019, for
provisions relating to Borrower Defense
to Repayment and Financial
Responsibility; November 1, 2019, for
provisions relating to Accreditation,
State Authorization, and the Student
Assistance General Provisions; and
September 2, 2020, for provisions
relating to Distance Education and
Innovation, Institutional Eligibility, and
the Student Assistance General
Provisions.
SUMMARY:
These corrections are effective
October 20, 2022. The incorporation by
reference of certain publications listed
in this document is approved by the
Director of the Federal Register as of
October 20, 2022.
FOR FURTHER INFORMATION CONTACT:
Gregory Martin, 400 Maryland Avenue
SW, Room 2C–136, Washington DC
20202. Telephone: (202) 453–7535.
Email: Gregory.Martin@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
DATES:
SUPPLEMENTARY INFORMATION:
Incorporation by Reference. In
§ 668.172(c)(1) of this correction, we
reference the following accounting
standard: Accounting Standards
Codification (ASC) 205. ASC 205
provides standards on the presentation
of financial statements. In
§ 668.23(d)(1), we reference the
following accounting standard:
Accounting Standards Codification
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]]>Agencies
[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63687-63689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22872]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0867]
RIN 1625-AA00
Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, 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 Shipping Channel in a zone
defined by the following coordinates; 27[deg]50'31.28'' N,
97[deg]04'17.23'' W; 27[deg]50'31.73'' N, 97[deg]04'15.44'' W;
27[deg]50'29.06'' N, 97[deg]04'16.61'' W; 27[deg]50'29.32'' N,
97[deg]04'14.82'' W. 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
Shipping 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 7 p.m. on October 19, 2022, through
5 a.m. on October 22, 2022. For the purposes of enforcement, actual
notice will be used from 7 p.m. on October 19, 2022, through October
20, 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
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
[[Page 63688]]
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 pipeline removal operations and lack
sufficient time to provide a reasonable comment period and then to
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 Shipping
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 7 p.m. on October 19, 2022, through 5 a.m. on
October 22, 2022, will be a safety concern for anyone within the Corpus
Christi Shipping Channel in a zone defined by the following
coordinates; 27[deg]50'31.28'' N, 97[deg]04'17.23'' W;
27[deg]50'31.73'' N, 97[deg]04'15.44'' W; 27[deg]50'29.06'' N,
97[deg]04'16.61'' W; 27[deg]50'29.32'' N, 97[deg]04'14.82'' W. 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 Shipping Channel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 7 p.m. on
October 19, 2022, through 5 a.m. on October 22, 2022, and will be
subject to enforcement from 7 p.m. to 5 a.m. of the next day, each day.
The safety zone will encompass all navigable waters of the Corpus
Christi Shipping Channel in a zone defined by the following
coordinates; 27[deg]50'31.28'' N, 97[deg]04'17.23'' W;
27[deg]50'31.73'' N, 97[deg]04'15.44'' W; 27[deg]50'29.06'' N,
97[deg]04'16.61'' W; 27[deg]50'29.32'' N, 97[deg]04'14.82'' W. The
pipeline will be removed along the floor of the Corpus Christi Shipping
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
will be enforced for a short period of only 9 hours each 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 63689]]
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 Shipping Channel in a
zone defined by the following coordinates; 27[deg]50'31.28'' N,
97[deg]04'17.23'' W; 27[deg]50'31.73'' N, 97[deg]04'15.44'' W;
27[deg]50'29.06'' N, 97[deg]04'16.61'' W; 27[deg]50'29.32'' N,
97[deg]04'14.82'' W. 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
Shipping 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.
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.T08-0867 to read as follows:
Sec. 165.T08-0867 Safety Zone; Corpus Christi Shipping Channel,
Corpus Christi, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Corpus Christi Shipping Channel in a zone defined by the
following coordinates; 27[deg]50'31.28'' N, 97[deg]04'17.23'' W;
27[deg]50'31.73'' N, 97[deg]04'15.44'' W; 27[deg]50'29.06'' N,
97[deg]04'16.61'' W; 27[deg]50'29.32'' N, 97[deg]04'14.82'' W.
(b) Effective period. This section is effective from 7 p.m. on
October 19, 2022, through 5 a.m. on October 22, 2022. This section is
subject to enforcement from 7 p.m. to 5 a.m. of the next day, each day.
(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.
Dated: October 14, 2022.
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus
Christi.
[FR Doc. 2022-22872 Filed 10-18-22; 11:15 am]
BILLING CODE 9110-04-P
