Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 80446-80448 [2022-28471]

Download as PDF 80446 Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations positive predictive value (PPV) and negative predictive value (NPV); (C) A description of how the cutoff values used for categorical classification of diagnoses were determined; and (D) Any expected or observed adverse events and complications. (iii) A statement that the device is not intended for use as a stand-alone diagnostic. Dated: December 27, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–28430 Filed 12–29–22; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0994] RIN 1625–AA87 Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, 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. 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 30, 2022 until January 2, 2023. For the purposes of enforcement, actual notice will be used from December 26, 2022, until December 30, 2022. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@uscg.mil. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: 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 VerDate Sep<11>2014 16:40 Dec 29, 2022 Jkt 259001 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 December 26, 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) RIAS BAIXAS KNUTSEN 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 26, 2022 through January 2, 2023. IV. Discussion of the Rule The Coast Guard is establishing four 500-yard radius temporary moving security zone around (M/V) RIAS BAIXAS KNUTSEN. The zone for the vessel will be enforced from December 26, 2022, through January 2, 2023. The duration of the zone is intended to protect the vessel and cargo and surrounding waterway from terrorist acts, sabotage or other subversive acts, PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 the 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 an eight day period. Moreover, the rule allows vessels to seek 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 E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:40 Dec 29, 2022 Jkt 259001 80447 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. jeopardizing the safety or security of people, places or vessels. 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 RIAS BAIXAS KNUTSEN 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 RIAS BAIXAS KNUTSEN 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 PO 00000 Frm 00015 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: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. 01.2. 2. Add § 165.T08–0994 to read as follows: ■ § 165.T08–0994 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 RIAS BAIXAS KNUTSEN while the vessel is in the Corpus Christi Ship Channel and La Quinta Channel. (b) Enforcement period. This section will be enforced from December 26, 2022 through January 2, 2023. (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 zone 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 the security zone. E:\FR\FM\30DER1.SGM 30DER1 80448 Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations Dated: December 26, 2022. J.B. Gunning, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2022–28471 Filed 12–29–22; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 385 [Docket No. 21–CRB–0001–PR (2023–2027)] Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV) Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges publish final regulations that set rates and terms applicable during the period from January 1, 2023 through December 31, 2027, for the statutory license for making and distributing phonorecords of nondramatic musical works. DATES: Effective date: January 1, 2023. Applicability date: These rates and terms are applicable during the period from January 1, 2023 through December 31, 2027. FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, (202) 707–7658, crb@loc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with RULES Background On August 31, 2022, the Copyright Royalty Judges (Judges) 1 received a motion stating that several participants, (Settling Parties),2 had reached a partial settlement (Settlement) regarding the rates and terms under section 115 of the Copyright Act, namely, for Licensed Activity (as defined in 37 CFR part 385, subpart A 3) presently addressed in 1 The Copyright Royalty Judges as an institution are occasionally referenced herein as the Copyright Royalty Board (CRB). 2 The participants who filed the motion are the National Music Publishers’ Association (NMPA) and Nashville Songwriters Association International (NSAI, and collectively with NMPA, the Copyright Owners), on the one hand, and the music services, Amazon.com Services LLC, Apple Inc., Google LLC, Pandora Media, LLC, and Spotify USA Inc. (collectively, Service Participants) on the other hand. 3 The definition of ‘‘licensed activity,’’ as the term is used in subparts C and D of 37 CFR part 385, means the delivery of musical works, under voluntary or statutory license, via Digital Phonorecord Deliveries in connection with Interactive Eligible Streams, Eligible Limited Downloads, Limited Offerings, mixed Bundles, and Locker Services. (37 CFR 385.2). VerDate Sep<11>2014 16:40 Dec 29, 2022 Jkt 259001 subparts C & D of 37 CFR part 385 together with certain regulations of general application (e.g., definitions and late fee provisions) applicable to the subpart C & D Configurations presently addressed in 37 CFR part 385, subpart A, for the 2023–2027 rate period 4 and seeking approval of that partial settlement. See Motion to Adopt Settlement of Statutory Royalty Rates and Terms for Subpart C and D Configurations, Docket No. 21–CRB– 0001–PR (2023–2027) at 1 (eCRB 27222) 5 (Motion). The Settling Parties state that ‘‘the settlement [ ] represents the consensus of both licensees and licensors representing the vast majority of the market for rights under section 115 for Subpart C & D Configurations.’’ 6 Motion at 3. On September 26, 2022, the Judges issued ‘‘Order 63 to File Certification or Provide Settlement Agreements’’ (eCRB 27253) (Order 63), which ordered the Settling Parties to certify that the Motion and the Proposed Regulations annexed to the Motion represent the full agreement of the Settling Parties, i.e., that there are no other related agreements and no other clauses. Order 63 further ordered that if such other agreements or clauses exist, the Settling Parties shall file them. On September 26, 2022, the Settling Parties filed a ‘‘Joint Response to George Johnson’s Motion to Compel Production of Settlement and CRB Order 63’’ (eCRB 27257) (Joint Response).7 Portions of the Joint Response, which were submitted as Restricted, are responsive to Order 63. On October 6, 2022, the Settling Parties filed a ‘‘Joint Submission of Settling Participants Regarding Settlement Agreement’’ (eCRB 27278) (Joint Submission) which removed the Restricted designation to the ‘‘Settlement Agreement’’ attached as Exhibit A to the Joint Submission. However, the Joint Response and the Joint Submission did not completely and adequately respond to Order 63. 4 The Motion refers to the rate period as ‘‘the full time period addressed by the Proceeding.’’ Motion at 1. 5 eCRB reference numbers may be used to access relevant documents through the Copyright Royalty Board website. 6 The Settling Parties indicate that participant George Johnson does not agree to the settlement and that participants David Powell and Brian Zisk should be dismissed because they did not file a Written Direct Statement. Motion at 3 and n. 1. Mr. Johnson filed an opposition to the motion (eCRB. No. 27239) on September 6 which the Judges consider relevant to this proposed rule. 7 George Johnson’s ‘‘Corrected Motion to Compel Parties to Immediately Submit Actual Signed Proposed Settlement Agreement for Subpart C with Any MOUs or Side Deals here in Phonorecords IV’’ was filed on September 20, 2022. (eCRB 27249). PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 On October 3, 2022, Google and NMPA filed ‘‘Google and NMPA’s Joint Notice of Lodging’’ (eCRB 27275) (Joint Notice of Lodging), which indicated that those two parties found Order 63 unclear regarding what is meant by ‘‘related agreements.’’ Google and NMPA offered that they broadly construed Order 63’s reference to ‘‘related agreements’’ to include certain letter agreements executed between Google, on the one hand, and certain music publishers and the NMPA, on the other hand, on or around the execution date of the settlement agreement. Google and NMPA indicated they will ‘‘lodge’’ such letter agreements concurrently with their Joint Notice of Lodging. Google and NMPA also indicated that they do not believe that the letter agreements are substantively related to the Settlement, and that the letter agreements simply concern Google’s allocation practices to avoid double payments arising from certain direct agreements. On October 7, 2022, Google and NMPA submitted ‘‘Google and NMPA’s Joint Notice of Public Lodging’’ which included public versions of letter agreements. (eCRB 27279). On October 17, 2022, the Judges issued ‘‘Order 64 to File Settlement Agreements and Provide Certification’’ (eCRB 27284) (Order 64), which clarified the scope of Order 63 and ordered the Settling Parties to: (1) file (not ‘‘lodge’’) any supplemental written agreements between Service Participants, on the one hand, and Copyright Owners and/or their affiliates, including copyright owners that they represented in this proceeding, on the other hand, that represent consideration for, or are contractually related to, the Settlement referenced in the Motion. (2) file a detailed description of any supplemental oral agreements between Service Participants, on the one hand, and Copyright Owners and/or their affiliates, including copyright owners that they represented in this proceeding, on the other hand, that represent consideration for, or are contractually related to the Settlement referenced in the Motion, through a certification or certifications from individuals with direct knowledge of any such supplemental oral agreements. (3) file a certification or certifications from a person or persons with first-hand knowledge stating that there are no other agreements, written or oral, beyond the Settlement, the Settlement Agreement and the filed supplemental written or oral agreements responsive to this order. (4) explain in a supplemental brief why the remaining restricted portions of the Joint Response, apart from Exhibit A, from which the Restricted designation has been removed, would, if disclosed, interfere with the ability of the Producer to obtain like information in the future. E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80446-80448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28471]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0994]
RIN 1625-AA87


Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 without actual notice from December 30, 
2022 until January 2, 2023. For the purposes of enforcement, actual 
notice will be used from December 26, 2022, until December 30, 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 December 26, 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) RIAS BAIXAS KNUTSEN 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 26, 2022 through January 2, 2023.

IV. Discussion of the Rule

    The Coast Guard is establishing four 500-yard radius temporary 
moving security zone around (M/V) RIAS BAIXAS KNUTSEN. The zone for the 
vessel will be enforced from December 26, 2022, through January 2, 
2023. 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 the 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 an eight day period. Moreover, the rule allows vessels 
to seek 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

[[Page 80447]]

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 RIAS BAIXAS KNUTSEN 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 RIAS BAIXAS KNUTSEN 
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, 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. 01.2.


0
2. Add Sec.  165.T08-0994 to read as follows:


Sec.  165.T08-0994  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 RIAS BAIXAS 
KNUTSEN while the vessel is in the Corpus Christi Ship Channel and La 
Quinta Channel.
    (b) Enforcement period. This section will be enforced from December 
26, 2022 through January 2, 2023.
    (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 zone 
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 
the security zone.


[[Page 80448]]


    Dated: December 26, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-28471 Filed 12-29-22; 8:45 am]
BILLING CODE 9110-04-P
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