Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX, 2241-2243 [2023-00527]

Download as PDF Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations 2241 TABLE 1 TO PARAGRAPH (D)—Continued United States Code 42 U.S.C. 1320a–7a(a); 200.210(a)(2). 42 U.S.C. 1320a–7a(a); 200.210(a)(2); (b)(2)(ii). 42 U.S.C. 1320a–7a(a); 200.210(a)(1). 42 U.S.C. 1320a–7a(a); 200.210(a)(2). 42 U.S.C. 1320a–7a(a); 200.210(a)(5). 42 U.S.C. 1320a–7a(a); 200.210(a)(4). 42 U.S.C. 1320a–7a(a); 200.210(a)(6). 42 U.S.C. 1320a–7a(a); 200.210(a)(3). 42 U.S.C. 1320a–7a(a); 200.310(a). Civil monetary penalty description Claims presented by excluded party ......................................................... 22,426 24,163 32 CFR Employing or contracting with an excluded individual .............................. 22,426 24,163 32 CFR Pattern of claims for medically unnecessary services/supplies ................ 22,426 24,163 32 CFR Ordering or prescribing while excluded .................................................... 22,426 24,163 32 CFR Known retention of an overpayment ......................................................... 22,426 24,163 32 CFR Making or using a false record or statement that is material to a false or fraudulent claim. Failure to grant timely access to OIG for audits, investigations, evaluations, or other statutory functions of OIG. Making false statements, omissions, misrepresentations in an enrollment application. Unlawfully offering, paying, soliciting, or receiving remuneration to induce or in return for the referral of business in violation of 1128B(b) of the Social Security Act. 112,131 120,816 33,640 36,245 112,131 120,816 112,131 120,816 32 CFR 32 CFR 32 CFR Sector Corpus Christi or a designated representative. DATES: This rule is effective without actual notice from January 13, 2023 through 4 a.m. on January 15, 2023. For the purposes of enforcement, actual notice will be used from 8 p.m. on January 9, 2023 until January 13, 2023. 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: [FR Doc. 2023–00579 Filed 1–12–23; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0037] RIN 1625–AA00 I. Table of Abbreviations Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Corpus Christi Shipping Channel in a zone defined by the following coordinates; 27°50′31.28″ N, 97°04′17.23″ W; 27°50′31.73″ N, 97°04′15.44″ W; 27°50′29.06″ N, 97°04′16.61″ W; 27°50′29.32″ N, 97°04′14.82″ W. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by pipelines that will be removed from the floor of the Corpus Christi Shipping Channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 New adjusted maximum penalty amount ($) 32 CFR Dated: January 10, 2023. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. ACTION: Maximum penalty amount as of 2022 ($) 16:24 Jan 12, 2023 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 notice of proposed rulemaking (NPRM) PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 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 January 9, 2023 through 4 a.m. on January 15, 2023 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 E:\FR\FM\13JAR1.SGM 13JAR1 2242 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / 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 January 9, 2023 through 4 a.m. on January 15, 2023 and will be subject to enforcement from 8 p.m. to 4 a.m. of the next day, each day. The safety zone will encompass all navigable waters of the Corpus Christi Shipping Channel in a zone defined by the following coordinates; 27°50′31.28″ N, 97°04′17.23″ W; 27°50′31.73″ N, 97°04′15.44″ W; 27°50′29.06″ N, 97°04′16.61″ W; 27°50′29.32″ N, 97°04′14.82″ W. The pipeline will be removed along the floor of the Corpus 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. lotter on DSK11XQN23PROD with RULES1 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 8 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 VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 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 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / 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. 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: January 6, 2023. J.B. Gunning, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2023–00527 Filed 1–12–23; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 165 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: 40 CFR Part 52 [EPA–R04–OAR–2022–0433; FRL–10402– 02–R4] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T08–0037 to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 165.T08–0037 Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX. (a) Location. The following area is a safety zone: all navigable waters of the Corpus Christi Shipping Channel in a zone defined by the following coordinates; 27°50′31.28″ N, 97°04′17.23″ W; 27°50′31.73″ N, 97°04′15.44″ W; 27°50′29.06″ N, 97°04′16.61″ W; 27°50′29.32″ N, 97°04′14.82″ W. (b) Effective period. This section is effective from 8 p.m. on January 9, 2023 through 4 a.m. on January 15, 2023 . This section is subject to enforcement from 8 p.m. to 4 a.m. of the next day, each day. (c) Regulations. (1) According to the general regulations in § 165.23 of this part, entry into the temporary safety zone described in paragraph (a) of this section 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 16:24 Jan 12, 2023 Jkt 259001 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 1. The authority citation for part 165 continues to read as follows: ■ VerDate Sep<11>2014 Air Plan Approval; North Carolina; Minor Revisions to Nitrogen Oxides Rule The Environmental Protection Agency (EPA) is finalizing the approval of a revision to the North Carolina State Implementation Plan (SIP) submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality, via a letter dated April 13, 2021, and received by EPA on April 14, 2021. This revision contains minor clarifying and typographical edits to North Carolina’s nitrogen oxides (NOX) rule. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective February 13, 2023. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2022–0433. All documents in the docket are listed on the regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that SUMMARY: PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 2243 if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562– 9034. Mr. Scofield can also be reached via electronic mail at scofield.steve@ epa.gov. SUPPLEMENTARY INFORMATION: I. What action is EPA proposing to take? EPA is finalizing the approval of changes to North Carolina’s SIP that were provided to EPA through NCDEQ via a letter dated April 13, 2021.1 EPA is approving the changes to North Carolina’s 15A North Carolina Administrative Code (NCAC) Subchapter 02D, Section .1400, Nitrogen Oxides (hereinafter referred to as Section .1400).2 The April 13, 2021, revision to the North Carolina SIP transmits changes that do not alter the meaning of the regulations, such as clarifying changes, updated crossreferences, and several ministerial language changes. Specifically, EPA is finalizing the approval of changes to 15A NCAC Subchapter 02D, Rules: .1401, Definitions; .1402, Applicability; .1403, Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring; .1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary Combustion Turbines; .1409, Stationary Internal Combustion Engines; .1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412, Petition for Alternative Limitations; .1413, Sources Not Otherwise Listed in this Section; .1414, Tune-Up Requirements; .1415, Test Methods and Procedures; and .1418, New Electric Generating Units, Boilers, Combustion Turbines, and Large I/C Engines.3 1 EPA notes that the submittal was received through the State Planning Electronic Collaboration System (SPeCS) on April 14, 2021. For clarity, this notice will refer to the submittal by the date on the cover letter, which is April 13, 2021. 2 EPA notes that the Agency received several submittals revising the North Carolina SIP that were transmitted with the same April 13, 2021, cover letter. EPA will be considering action for these other SIP revisions in separate rulemakings. 3 At this time, EPA is not finalizing the approval of changes to Rule 02D .1423, Large Internal E:\FR\FM\13JAR1.SGM Continued 13JAR1

Agencies

[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2241-2243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00527]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0037]
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 January 13, 
2023 through 4 a.m. on January 15, 2023. For the purposes of 
enforcement, actual notice will be used from 8 p.m. on January 9, 2023 
until January 13, 2023.

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 January 9, 2023 through 4 a.m. on 
January 15, 2023 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 2242]]

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 
January 9, 2023 through 4 a.m. on January 15, 2023 and will be subject 
to enforcement from 8 p.m. to 4 a.m. of the next day, each day. The 
safety zone will encompass all navigable waters of the Corpus Christi 
Shipping Channel in a zone defined by the following coordinates; 
27[deg]50'31.28'' N, 97[deg]04'17.23'' W; 27[deg]50'31.73'' N, 
97[deg]04'15.44'' W; 27[deg]50'29.06'' N, 97[deg]04'16.61'' W; 
27[deg]50'29.32'' N, 97[deg]04'14.82'' W. The pipeline will be removed 
along the floor of the Corpus Christi Shipping Channel. No vessel or 
person is permitted to enter the temporary safety zone during the 
effective period without obtaining permission from the COTP or a 
designated representative, who may be contacted on Channel 16 VHF-FM 
(156.8 MHz) or by telephone at 361-939-0450. The Coast Guard will issue 
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety 
Marine Information Broadcasts as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The temporary safety zone 
will be enforced for a short period of only 8 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 2243]]

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.


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2. Add Sec.  165.T08-0037 to read as follows:


Sec.  165.T08-0037  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 
January 9, 2023 through 4 a.m. on January 15, 2023 . This section is 
subject to enforcement from 8 p.m. to 4 a.m. of the next day, each day.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into the temporary safety zone described in 
paragraph (a) of this section 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: January 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-00527 Filed 1-12-23; 8:45 am]
BILLING CODE 9110-04-P
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