Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX, 74969-74971 [2022-26512]
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
74969
Appendix D to Part 4044—Tables Used
To Determine Expected Retirement Age
TABLE I–23—SELECTION OF RETIREMENT RATE CATEGORY
[For valuation dates in 2023 1]
Participant’s Retirement Rate Category is—
Low 2
if monthly
benefit at URA is
less than—
If participant reaches URA in year—
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
1
2
3
4
*
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
or later ............................................................................
From—
745
762
779
797
816
834
854
873
893
914
To—
745
762
779
797
816
834
854
873
893
914
3,146
3,218
3,292
3,368
3,445
3,524
3,605
3,688
3,773
3,860
High 4 if monthly
benefit at URA is
greater than—
3,146
3,218
3,292
3,368
3,445
3,524
3,605
3,688
3,773
3,860
Applicable tables for valuation dates before 2023 are available on PBGC’s website (www.pbgc.gov).
Table II–A.
Table II–B.
Table II–C.
*
*
*
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
DATES: This rule is effective without
actual notice from December 7, 2022
through 3 p.m. on December 11, 2022.
For the purposes of enforcement, actual
notice will be used from 8 p.m. on
December 5, 2022 until December 7,
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:
*
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs Pension Benefit Guaranty
Corporation.
[FR Doc. 2022–26597 Filed 12–6–22; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0964]
RIN 1625–AA00
I. Table of Abbreviations
Safety Zone; Corpus Christi Shipping
Channel, Corpus Christi, TX
Coast Guard, 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
SUMMARY:
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Medium 3 if monthly benefit at URA is—
VerDate Sep<11>2014
18:18 Dec 06, 2022
Jkt 259001
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
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Fmt 4700
Sfmt 4700
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 8 p.m. on December 5, 2022
through 3 p.m. on December 11, 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
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07DER1
74970
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
from the floor of the Corpus Christi
Shipping Channel.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. on December 5,
2022 through 3 p.m. on December 11,
2022 and will be subject to enforcement
from 8 p.m. to 3 p.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
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.
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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 19 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
VerDate Sep<11>2014
18:18 Dec 06, 2022
Jkt 259001
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
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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
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(d) Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0964 to read as
follows:
■
§ 165.T08–0964 Safety Zone; Corpus
Christi Shipping Channel, Corpus Christi,
TX.
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BILLING CODE 9110–04–P
[EPA–R03–RCRA–2022–0280; FRL–9951–
02–R3]
■
(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 8 p.m. on December 5,
2022, through 3 p.m. on December 11,
2022. This section is subject to
enforcement from 8 p.m. to 3 p.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
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[FR Doc. 2022–26512 Filed 12–6–22; 8:45 am]
40 CFR Part 271 and 272
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
18:18 Dec 06, 2022
Dated: December 1, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
ENVIRONMENTAL PROTECTION
AGENCY
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:
VerDate Sep<11>2014
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
Delaware: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Delaware has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these revisions
satisfy all requirements needed to
qualify for final authorization and is
hereby authorizing Delaware’s revisions
through this direct final rule. EPA is
additionally removing and reserving
codification of Delaware’s hazardous
waste program.
DATES: This final authorization will
become effective on February 6, 2023,
unless EPA receives adverse written
comments by January 6, 2023. If EPA
receives any such comments, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2022–0351, at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a
written comment. The written comment
is considered the official comment and
should include discussion of all points
SUMMARY:
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74971
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Claudia Scott,
the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
Please also contact Claudia Scott if you
need assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you.
FOR FURTHER INFORMATION CONTACT:
Claudia Scott, RCRA Programs Branch,
Land, Chemicals and Redevelopment
Division, U.S. Environmental Protection
Agency Region 3, Four Penn Center,
1600 John F. Kennedy Blvd. (Mail Code
3LD30), Philadelphia, PA 19103–2852;
phone: (215) 814–3240, email:
scott.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and
279.
B. What decisions has EPA made in this
rule?
On December 16, 2021, Delaware
submitted a final program revision
application seeking authorization of
revisions to its hazardous waste
program that correspond to certain
Federal rules promulgated through May
30, 2018. EPA concludes that
Delaware’s application to revise its
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]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74969-74971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26512]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0964]
RIN 1625-AA00
Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX
AGENCY: Coast Guard, 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 without actual notice from December 7,
2022 through 3 p.m. on December 11, 2022. For the purposes of
enforcement, actual notice will be used from 8 p.m. on December 5, 2022
until December 7, 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 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 8 p.m. on December 5, 2022 through 3 p.m. on
December 11, 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
[[Page 74970]]
from the floor of the Corpus Christi Shipping Channel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 p.m. on
December 5, 2022 through 3 p.m. on December 11, 2022 and will be
subject to enforcement from 8 p.m. to 3 p.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 19 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.
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(d) Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions
[[Page 74971]]
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0964 to read as follows:
Sec. 165.T08-0964 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 8 p.m. on
December 5, 2022, through 3 p.m. on December 11, 2022. This section is
subject to enforcement from 8 p.m. to 3 p.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: December 1, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-26512 Filed 12-6-22; 8:45 am]
BILLING CODE 9110-04-P
