Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX, 68051-68053 [2022-24823]
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
■
b. Add paragraph (l).
The addition reads as follows:
§ 117.723
Hackensack River.
*
*
*
*
*
(l) The draw of the PATH Bridge, mile
3.0, at Jersey City, shall open on signal
provided at least a twenty-four (24) hour
advance notice is provided by calling
the U.S. Coast Guard Vessel Traffic
Service (VTS) at 718–514–4088 or Port
Authority Trans-Hudson, John
Burkhard, at 201–410–4260 to
coordinate a transit time that is
mutually acceptable for commercial
river users to pass under the bridge. The
draw need not open for the passage of
vessel traffic on weekdays Monday
through Friday, except Federal holidays,
from 6 a.m. to 10 a.m. and from 3 p.m.
to 7 p.m.
Dated: November 2, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2022–24706 Filed 11–10–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0929]
RIN 1625–AA87
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary, 500-yard
radius, moving security zone for a
certain vessel carrying Certain
Dangerous Cargoes (CDC) within the
Corpus Christi Ship Channel and La
Quinta Channel. The temporary security
zone is 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 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
November 14, 2022, until November 17,
2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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Jkt 259001
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
security zone by November 14, 2022, to
ensure security of this vessel 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)
TENERGY 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 of
the vessels, 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 November 14, 2022, through
November 17, 2022.
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Fmt 4700
Sfmt 4700
68051
IV. Discussion of the Rule
The Coast Guard is establishing four
500-yard radius temporary moving
security zones around M/V TENERGY.
The zone for the vessel will be enforced
from November 14, 2022, until
November 17, 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 zone. This rule
will impact a small designated area of
500-yards around the moving vessel in
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68052
Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
the Corpus Christi Ship Channel and La
Quinta Channel as the vessel transit the
channel over a four day period.
Moreover, the rule allows vessels to
seek permission to enter the zones.
khammond on DSKJM1Z7X2PROD with RULES
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).
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17:07 Nov 10, 2022
Jkt 259001
D. Federalism and Indian Tribal
Governments
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
on locating the docket, see the
ADDRESSES section of this preamble.
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.
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.
E. Unfunded Mandates Reform Act
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 a
moving security zone lasting for the
duration of time that the M/V TENERGY
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
TENERGY while the vessel is transiting
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Fmt 4700
Sfmt 4700
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:
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.T08–0929 to read as
follows:
■
§ 165.T08–0929 Security Zone; 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 TENERGY while the vessel is
in the Corpus Christi Ship Channel and
La Quinta Channel.
(b) Enforcement period. This section
will be enforced from November 14,
2022, until November 17, 2022.
(c) Regulations. (1) The general
regulations in § 165.33 apply. Entry into
the zone 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 (USCG) 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
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
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 the
security zone.
Dated: November 8, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–24823 Filed 11–9–22; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0731]
RIN 1625–AA00
Safety Zone; Mission Bay Closure, San
Diego, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Mission Bay near San
Diego, California. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
California Department of Fish and
Wildlife (CDFW) Oil Spill Prevention
and Response (OSPR) Sensitive Site
Strategy Evaluation Program (SSSEP)
boom deployment exercise. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector San Diego.
DATES: This rule is effective from 9 a.m.
to noon on November 15, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0731 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:07 Nov 10, 2022
Jkt 259001
rulemaking, call or email LTJG Shera
Kim, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
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, Purpose, and Legal
Basis
On November 15, 2022, the Coast
guard will be working in conjunction
with the California Department of Fish
and Wildlife and local Oil Spill
Response Organization ito conduct
boom deployment exercises from 9 a.m.
to noon. Contractors will bring up to
12000-feet of floating oil boom aboard a
workboat and deploy Area Contingency
Plan (ACP)–6 Geographic Response
Strategies (GRS). The Captain of the Port
Sector San Diego (COTP) has
determined that potential hazards
associated with the boom deployment
exercise would be a safety concern for
anyone within a 100-yard radius of the
boom. The COTP is establishing a safety
zone from 9 a.m. to noon on November
15, 2022.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 100-yard
radius of the boom before, during, and
after the scheduled event. The Coast
Guard has rulemaking authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231). The Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Mission Bay
Closure, San Diego, CA’’ at 87 FR 55974
(September 13, 2022). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended October
13, 2022, we received zero comments.
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 public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
pipeline repair operations for the
damaged pipeline.
III. Discussion of Rule
The COTP is establishing a safety
zone from 9 a.m. until noon on
November 15, 2022. The safety zone
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68053
covers all navigable waters within 100
yards of a boom in Mission Bay located
across the entrance channel from the
shoreline north of Mariners Cove inlet
to a point south of Mission Bay Drive
bridge on the Quivira Basin shoreline.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 9 a.m. until noon
boom deployment exercise. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. A designated
representative means a a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel
designated by or assisting the Captain of
the Port Sector San Diego (COTP) in the
enforcement of the safety zone.
To seek permission to enter, contact
the COTP or the COTP’s representative
by VHF Channel 16. Those in the safety
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
The COTP or a designated
representative will inform the public
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate of the enforcement times
and dates for the safety zone.
IV. 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,
the rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on safety zone being of a
limited three hour duration, limited to
a relatively small geographic area, and
the presence of safety hazards in the
area encompassing the Mission Bay
Entrance.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68051-68053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24823]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0929]
RIN 1625-AA87
Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary, 500-yard radius,
moving security zone for a certain vessel carrying Certain Dangerous
Cargoes (CDC) within the Corpus Christi Ship Channel and La Quinta
Channel. The temporary security zone is 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 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 November 14, 2022, until November
17, 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 this security zone by November 14, 2022, to ensure security
of this vessel 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) TENERGY 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 of the vessels, 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 November 14, 2022,
through November 17, 2022.
IV. Discussion of the Rule
The Coast Guard is establishing four 500-yard radius temporary
moving security zones around M/V TENERGY. The zone for the vessel will
be enforced from November 14, 2022, until November 17, 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 zone. This rule will impact a
small designated area of 500-yards around the moving vessel in
[[Page 68052]]
the Corpus Christi Ship Channel and La Quinta Channel as the vessel
transit the channel over a four 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 a moving security zone lasting for the
duration of time that the M/V TENERGY 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 TENERGY 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 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.T08-0929 to read as follows:
Sec. 165.T08-0929 Security Zone; 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 TENERGY while the
vessel is in the Corpus Christi Ship Channel and La Quinta Channel.
(b) Enforcement period. This section will be enforced from November
14, 2022, until November 17, 2022.
(c) Regulations. (1) The general regulations in Sec. 165.33 apply.
Entry into the zone 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 (USCG)
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
[[Page 68053]]
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
the security zone.
Dated: November 8, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-24823 Filed 11-9-22; 4:15 pm]
BILLING CODE 9110-04-P
