Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX, 73648-73650 [2022-26179]
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73648
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
(b) Except as provided in paragraph (c) of
this general license, all transactions and
activities otherwise prohibited by the Foreign
Narcotics Kingpin Designation Act, 21 U.S.C.
1901–1908, and the Foreign Narcotics
Kingpin Sanctions Regulations, 31 CFR part
598, that are for the liquidation and wind
down of the Honduran bank, Banco
Continental, S.A., including transactions and
activities related to the preparation and
submission of bids to acquire the assets of
Banco Continental, S.A., are authorized
through 12:01 a.m. eastern daylight time,
December 12, 2016.
(c) This general license does not authorize:
(1) The unblocking of any property blocked
pursuant to the Foreign Narcotics Kingpin
Sanctions Regulations, 31 CFR part 598; or
(2) Any transactions or dealings otherwise
prohibited by any Executive order or any
other part of 31 CFR chapter V, or any
transactions or dealings with any individual
or entity other than Banco Continental, S.A.
that is listed on the Office of Foreign Assets
Control’s List of Specially Designated
Nationals or Blocked Persons or that
otherwise constitutes a person whose
property and interests in property are
blocked.
(d) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business days
after the liquidation and wind-down
activities conclude, to file a report, including
the parties involved, the type and scope of
activities conducted, and the dates of the
activities, with the Office of Foreign Assets
Control, Licensing Division, U.S. Department
of the Treasury, 1500 Pennsylvania Avenue
NW, Freedman’s Bank Building, Washington,
DC 20220.
Gregory T. Gatjanis,
Acting Director, Office of Foreign Assets
Control.
Dated: June 10, 2016.
(2) Any transactions or dealings otherwise
prohibited by any Executive order or any
other part of 31 CFR chapter V, or any
transactions or dealings with any individual
or entity other than Banco Continental, S.A.
that is listed on the Office of Foreign Assets
Control’s List of Specially Designated
Nationals or Blocked Persons or that
otherwise constitutes a person whose
property and interests in property are
blocked.
(d) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business days
after the liquidation and wind-down
activities conclude, to file a report, including
the parties involved, the type and scope of
activities conducted, and the dates of the
activities, with the Office of Foreign Assets
Control, Licensing Division, U.S. Department
of the Treasury, 1500 Pennsylvania Avenue
NW, Freedman’s Bank Building, Washington,
DC 20220.
Gregory T. Gatjanis,
Acting Director, Office of Foreign Assets
Control.
Dated: December 9, 2016.
OFFICE OF FOREIGN ASSETS CONTROL
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Foreign Narcotics Kingpin Sanctions
Regulations 31 CFR Part 598
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BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0953]
RIN 1625–AA87
ACTION:
Authorizing Certain Transactions and
Activities To Liquidate and Wind Down
Banco Continental, S.A.
(a) General License No. 1B, dated June 10,
2016, is replaced and superseded in its
entirety by this General License No. 1C.
(b) Except as provided in paragraph (c) of
this general license, all transactions and
activities otherwise prohibited by the Foreign
Narcotics Kingpin Designation Act, 21 U.S.C.
1901–1908, and the Foreign Narcotics
Kingpin Sanctions Regulations, 31 CFR part
598, that are for the liquidation and wind
down of the Honduran bank, Banco
Continental, S.A., including transactions and
activities related to the preparation and
submission of bids to acquire the assets of
Banco Continental, S.A., are authorized
through 12:01 a.m. eastern daylight time,
June 14, 2017.
(c) This general license does not authorize:
(1) The unblocking of any property blocked
pursuant to the Foreign Narcotics Kingpin
Sanctions Regulations, 31 CFR part 598; or
15:55 Nov 30, 2022
[FR Doc. 2022–26199 Filed 11–30–22; 8:45 am]
Jkt 259001
Coast Guard, DHS.
Temporary final rule.
AGENCY:
GENERAL LICENSE NO. 1C
VerDate Sep<11>2014
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
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. 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 December 2,
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.
SUMMARY:
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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 zones by December 2, 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)
METHANE JANE ELIZABETH 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 December 2,
2022 through December 5, 2022.
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IV. Discussion of the Rule
The Coast Guard is establishing four
500-yard radius temporary moving
security zones around M/V METHANE
JANE ELIZABETH. The zone for the
vessel will be enforced from December
2, 2022, through December 5, 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.
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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
VerDate Sep<11>2014
15:55 Nov 30, 2022
Jkt 259001
the Corpus Christi Ship Channel and La
Quinta Channel as the vessel 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).
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73649
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
METHANE JANE ELIZABETH 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 METHANE JANE
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73650
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
ELIZABETH 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.
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.
Dated: November 23, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–26179 Filed 11–30–22; 8:45 am]
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number USCG–2022–0954]
■
1. The authority citation for part 165
continues to read as follows:
Safety Zone; Maumee River, Toledo,
OH
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:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
2. Add § 165.T08–0953 to read as
follows:
■
§ 165.T08–0953 Security Zone; Corpus
Christi Ship Channel. Corpus Christi, TX.
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(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.
(a) Location. The following area is a
security zone: All navigable waters
encompassing a 500-yard radius around
the M/V METHANE JANE ELIZABETH
while the vessel is in the Corpus Christi
Ship Channel and La Quinta Channel.
(b) Enforcement period. This section
will be enforced from December 2, 2022
through December 5, 2022.
(c) Regulations. (1) The general
regulations in § 165.33 of this part
apply. Entry into the zone 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 described in
paragraph (a) of this section must
request permission from the COTP
Sector Corpus Christi on VHF–FM
channel 16 or by telephone at 361–939–
0450.
VerDate Sep<11>2014
15:55 Nov 30, 2022
Jkt 259001
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
navigable waters directly surrounding
the northern half of the I–75 Bridge over
the Maumee River. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by demolition
of the bridge. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit.
DATES: This rule is effective from 1 p.m.
on December 1, 2022, through 3 p.m. on
December 3, 2022. This rule will be
enforced from 1 p.m. through 3 p.m.
daily.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0954 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 on this rule, call or
email MST1 Karl Dirksmeyer,
Waterways Management, Marine Safety
Unit Toledo, Coast Guard; telephone
(419) 418–6044, email
Karl.E.Dirksmeyer@USCG.MIL.
SUMMARY:
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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 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 the
party conducting the work notified the
Coast Guard with insufficient time to
accommodate a comment period. It is
impracticable to publish an NPRM
because we must establish this safety
zone by December 1, 2022 in order to
protect the public with the hazards
associated with this demolition project.
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 impracticable
because immediate action is needed in
order to protect the public with the
hazards associated with this demolition
project.
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 Detroit (COTP) has
determined that potential hazards
associated with the bridge demolition
occurring between December 1, 2022–
December 3, 2022, will be a safety
concern for anyone transiting near the I–
75 bridge on the Maumee River. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being
demolished.
IV. Discussion of the Rule
This rule establishes a safety zone
from 1 p.m. through 3 p.m. on December
1, 2022 and December 2, 2022. In the
case of inclement weather, this safety
zone will be enforced from 1 p.m.
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Agencies
[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Rules and Regulations]
[Pages 73648-73650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26179]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0953]
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 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. 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 December 2, 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 zones by December 2, 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) METHANE JANE ELIZABETH 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 December 2, 2022 through December 5, 2022.
[[Page 73649]]
IV. Discussion of the Rule
The Coast Guard is establishing four 500-yard radius temporary
moving security zones around M/V METHANE JANE ELIZABETH. The zone for
the vessel will be enforced from December 2, 2022, through December 5,
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 the
Corpus Christi Ship Channel and La Quinta Channel as the vessel 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 a moving security zone lasting for the
duration of time that the M/V METHANE JANE ELIZABETH 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 METHANE
JANE
[[Page 73650]]
ELIZABETH 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.
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.T08-0953 to read as follows:
Sec. 165.T08-0953 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 METHANE JANE
ELIZABETH while the vessel is in the Corpus Christi Ship Channel and La
Quinta Channel.
(b) Enforcement period. This section will be enforced from December
2, 2022 through December 5, 2022.
(c) Regulations. (1) The general regulations in Sec. 165.33 of
this part apply. Entry into the zone 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
described in paragraph (a) of this section 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.
Dated: November 23, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-26179 Filed 11-30-22; 8:45 am]
BILLING CODE 9110-04-P