Safety Zone; Sabine River, Orange, TX, 11815-11818 [2023-03775]
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Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Rules and Regulations
(b) This general license does not authorize
any transactions otherwise prohibited by the
NSR, including transactions involving any
person blocked pursuant to the NSR, other
than the blocked persons described in
paragraph (a) of this general license, unless
separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: October 24, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023–03867 Filed 2–23–23; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 583
Publication of Global Magnitsky
Sanctions Regulations Web General
Licenses 5 and 6
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of web general
licenses.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing two
general licenses (GLs) issued pursuant
to the Global Magnitsky Sanctions
Regulations: GLs 5 and 6, each of which
was previously made available on
OFAC’s website.
DATES: GLs 5 and 6 were issued on
January 26, 2023. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
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Background
On January 26, 2023, OFAC issued
GLs 5 and 6 to authorize certain
transactions otherwise prohibited by the
Global Magnitsky Sanctions
Regulations, 31 CFR part 583. Each GL
was made available on OFAC’s website
(www.treas.gov/ofac) when it was
issued. Each GL was issued on January
26, 2023 and has an expiration date of
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16:40 Feb 23, 2023
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11815
March 27, 2023. The text of these GLs
is provided below.
OFFICE OF FOREIGN ASSETS CONTROL
OFFICE OF FOREIGN ASSETS CONTROL
31 CFR Part 583
Global Magnitsky Sanctions Regulations
GENERAL LICENSE NO. 6
31 CFR Part 583
Authorizing the Wind Down of Transactions
Involving Bebidas USA Inc., Tabacos USA
Inc., Frigorifico Chajha S.A.E., Dominicana
Acquisition S.A., or Certain Blocked Entities
Owned by Horacio Manuel Cartes Jara
(a) Except as provided in paragraph (b) of
this general license, all transactions
prohibited by the Global Magnitsky
Sanctions Regulations, 31 CFR part 583
(GMSR), that are ordinarily incident and
necessary to the wind down of any
transaction involving Bebidas USA Inc.,
Tabacos USA Inc., Frigorifico Chajha S.A.E.,
or Dominicana Acquisition S.A. (collectively,
the ‘‘designated Cartes entities’’), or any
entity in which Horacio Manuel Cartes Jara
or the designated Cartes entities own,
directly or indirectly, a 50 percent or greater
interest, are authorized through 12:01 a.m.
eastern daylight time, March 27, 2023,
provided that any payment to a blocked
person must be made into a blocked account
in accordance with the GMSR.
(b) This general license does not authorize
any transactions otherwise prohibited by the
GMSR, including transactions involving any
person blocked pursuant to the GMSR other
than the blocked entities described in
paragraph (a) of this general license, unless
separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: January 26, 2023.
GENERAL LICENSE NO. 5
Authorizing Certain Transactions Related to
Frigorifico Chajha S.A.E.
(a) Except as provided in paragraphs (d)
and (e) of this general license, all transactions
prohibited by the Global Magnitsky
Sanctions Regulations, 31 CFR part 583
(GMSR), that are ordinarily incident and
necessary to the divestment or transfer, or the
facilitation of the divestment or transfer, of
debt or equity of Frigorifico Chajha S.A.E.
(Frigorifico Chajha), to a non-U.S. person are
authorized through 12:01 a.m. eastern
daylight time, March 27, 2023.
(b) Except as provided in paragraph (e) of
this general license, all transactions
prohibited by the GMSR that are ordinarily
incident and necessary to facilitating,
clearing, and settling trades of debt or equity
of Frigorifico Chajha that were placed prior
to 4:00 p.m. eastern standard time, January
26, 2023, are authorized through 12:01 a.m.
eastern daylight time, March 27, 2023.
(c) Except as provided in paragraph (e) of
this general license, all transactions
prohibited by the GMSR that are ordinarily
incident and necessary to the wind down of
derivative contracts entered into prior to 4:00
p.m. eastern standard time, January 26, 2023,
that (i) include Frigorifico Chajha as a
counterparty or (ii) are linked to the debt or
equity of Frigorifico Chajha are authorized
through 12:01 a.m. eastern daylight time,
March 27, 2023, provided that any payments
to a blocked person are made into a blocked
account in accordance with the GMSR.
(d) Paragraph (a) of this general license
does not authorize:
(1) U.S. persons to sell, or to facilitate the
sale of, debt or equity of Frigorifico Chajha
to, directly or indirectly, any person whose
property and interests in property are
blocked; or
(2) U.S. persons to purchase or invest in,
or to facilitate the purchase of or investment
in, directly or indirectly, debt or equity of
Frigorifico Chajha, other than purchases of or
investments in debt or equity of Frigorifico
Chajha that are ordinarily incident and
necessary to the divestment or transfer of
debt or equity of Frigorifico Chajha, as
described in paragraph (a) of this general
license.
(e) This general license does not authorize
any transactions otherwise prohibited by the
GMSR, including transactions involving any
person blocked pursuant to the GMSR other
than Frigorifico Chajha, unless separately
authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: January 26, 2023.
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Global Magnitsky Sanctions Regulations
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023–03865 Filed 2–23–23; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0139]
RIN 1625–AA00
Safety Zone; Sabine River, Orange, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Sabine
River, extending the entire width of the
river, adjacent to the public boat ramp
located in Orange, TX. This action is
necessary to protect persons and vessels
from hazards associated with a highspeed Jet Ski race competition in
Orange, TX. Entry of vessels or persons
into this zone is prohibited unless
authorized by the Captain of the Port
SUMMARY:
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Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Rules and Regulations
Marine Safety Unit Port Arthur or a
designated representative.
DATES: This rule is effective from 9 a.m.
on March 17, 2023 through 6 p.m. on
March 18, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0139 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions on this rule, call or
email Mr. Scott Whalen, Marine Safety
Unit Port Arthur, U.S. Coast Guard;
telephone 409–719–5086, email
Scott.K.Whalen@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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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. This safety zone must be
established by March 17, 2023 and we
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the dates of the jet ski
races and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because establishing the safety zones by
March 17, 2023 is necessary to protect
all waterway users during scheduled
race events.
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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 Marine Safety Unit
Port Arthur (COTP) has determined that
the potential hazards associated with
high-speed jet ski races are a safety
concern for persons and vessels
operating on the Sabine River. Possible
hazards include risks of injury or death
from near or actual contact among
participant vessels and spectators or
mariners traversing through the safety
zone. This rule is needed to protect all
waterway users, including event
participants and spectators, before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9 a.m. through 6 p.m.
each day from March 17, 2023 through
March 18, 2023. The safety zone covers
all navigable waters of the Sabine River,
extending the entire width of the river,
adjacent to the public boat ramp located
in Orange, TX bounded by the Orange
Municipal Wharf, latitude 30°05′50″ N
and latitude 30°05′33″ N. The duration
of the safety zone is intended to protect
participants, spectators, and other
persons and vessels, in the navigable
waters of the Sabine River during highspeed jet ski races and will include
breaks and opportunity for vessels to
transit through the regulated area.
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. This safety
zone encompasses a less than half-mile
stretch of the Sabine River for eight
hours on each of two days. Moreover,
the Coast Guard will issue Broadcast
Notice to Mariners (BNMs) via VHF–FM
marine channel 16 about the zone, daily
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enforcement periods will include breaks
that will provide an opportunity for
vessels to transit through the regulated
area, and 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
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 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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G. Protest Activities
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.
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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 safety
zone lasting 8 hours on each of two days
that will prohibit entry on less than a
one-half mile stretch of the Sabine
River. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
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The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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
AREA 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. 01.3.
2. Add § 165.T08–0139 to read as
follows:
■
§ 165.T08–0139
Orange, Texas
Safety Zone; Sabine River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX bounded on
the north by the Orange Municipal
Wharf and latitude 30°05′50″ N and to
the south by latitude 30°05′33″ N.
(b) Effective period. This section is
effective from 9 a.m. on March 17, 2023
through 6 p.m. on March 18, 2023.
(c) Enforcement periods. This section
will be enforced from 9 a.m. through 6
p.m. daily. Breaks in the racing will
occur during the enforcement periods,
which will allow for vessels to pass
through the safety zone. The Captain of
the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative
will provide notice of enforcement
appropriate per paragraph (e).
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry of vessels or persons
into safety zone described in paragraph
(a) of this section is prohibited unless
authorized by the COTP or a designated
representative. They may be contacted
on VHF–FM channel 13 or 16, or by
phone at by telephone at 409–719–5070.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
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The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
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Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: February 10, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Unit Port Arthur.
[FR Doc. 2023–03775 Filed 2–23–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[212.LLHQ310000.L13100000.PP0000]
RIN 1004–AE91
Onshore Oil and Gas Operations and
Coal Trespass—Annual Civil Penalties
Inflation Adjustments
AGENCY:
Bureau of Land Management,
Interior.
ACTION: Final rule.
This final rule adjusts the
level of civil monetary penalties
contained in the Bureau of Land
Management’s (BLM) regulations
governing onshore oil and gas
operations and coal trespass as required
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. This final rule is consistent with
applicable Office of Management and
Budget (OMB) guidance. The penalty
adjustments made by this final rule
constitute the 2023 annual inflation
adjustments, accounting for one year of
inflation spanning the period from
October 2021 through October 2022.
DATES: This rule is effective on February
24, 2023.
FOR FURTHER INFORMATION CONTACT:
For information regarding the BLM’s
Fluid Minerals Program, please contact
Lonny Bagley, Acting Division Chief,
Fluid Minerals Division, telephone:
307–622–6956; email: lbagley@blm.gov.
For information regarding the BLM’s
Solid Minerals Program, please contact
Tim Barnes, Acting Division Chief,
Solid Minerals Division, telephone:
541–588–0853; email: tbarnes@blm.gov.
For questions relating to regulatory
process issues, please contact Jennifer
Noe, Division of Regulatory Affairs,
email: jnoe@blm.gov.
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
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SUMMARY:
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Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of 2023 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
C. Regulatory Flexibility Act
D. Congressional Review Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
I. Background
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (sec. 701,
Pub. L. 114–74) (the 2015 Act) became
law, amending the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410).
The 2015 Act requires agencies to:
1. Adjust the level of civil monetary
penalties for inflation with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking in 2016;
2. Make subsequent annual
adjustments for inflation beginning in
2017; and
3. Report annually in Agency
Financial Reports on these inflation
adjustments.
The purpose of these adjustments is to
maintain the deterrent effect of civil
monetary penalties and promote
compliance with the law (see sec. 1,
Pub. L. 101–410).
As required by the 2015 Act, the BLM
issued an interim final rule that
adjusted the level of civil monetary
penalties in BLM regulations with the
initial ‘‘catch-up’’ adjustment (RIN
1004–AE46, 81 FR 41860), which was
published on June 28, 2016, and became
effective on July 28, 2016. On January
19, 2017, the BLM published a final rule
(RIN 1004–AE49, 82 FR 6305) updating
the civil penalty amounts to the 2017
annual adjustment levels. Final rules
updating the civil penalty amounts to
2018 through 2022 annual adjustment
levels were published in subsequent
years.
OMB issued Memorandum M–23–05
on December 15, 2022, entitled,
Implementation of Penalty Inflation
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Adjustments for 2023, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which explains agency
responsibilities for identifying
applicable penalties and calculating the
annual adjustment for 2023 in
accordance with the 2015 Act.
II. Calculation of 2022 Adjustments
In accordance with the 2015 Act and
OMB Memorandum M–23–05, the BLM
has identified applicable civil monetary
penalties in its regulations and
calculated the annual adjustments. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. A civil monetary penalty
does not include a penalty levied for
violation of a criminal statute, nor does
it include fees for services, licenses,
permits, or other regulatory review. The
calculated annual inflation adjustments
are based on the percentage change
between the Consumer Price Index for
all Urban Consumers (CPI–U) for the
October preceding the date of the
adjustment and the prior year’s October
CPI–U. Consistent with guidance in
OMB Memorandum M–23–05, the BLM
divided the October 2022 CPI–U by the
October 2021 CPI–U to calculate the
multiplier. In this case, October 2022
CPI–U (298.012)/October 2021 CPI–U
(276.589) = 1.07745. OMB
Memorandum M–23–05 confirms that
this is the proper multiplier. (OMB
Memorandum M–23–05 at 1 and n. 4.)
The 2015 Act requires the BLM to
adjust the civil penalty amounts in 43
CFR 3163.2 and 9239.5–3(f)(1). To
accomplish this, the BLM multiplied the
current penalty amounts in those
paragraphs by the multiplier set forth in
OMB Memorandum M–23–05 (1.07745)
to obtain the adjusted penalty amounts.
The 2015 Act requires that the resulting
amounts be rounded to the nearest $1.00
at the end of the calculation process.
The adjusted penalty amounts will
take effect immediately upon
publication of this rule. Pursuant to the
2015 Act, the adjusted civil penalty
amounts apply to civil penalties
assessed after the date the increase takes
effect, even if the associated violation
predates such increase. This final rule
adjusts the following civil penalties:
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11815-11818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03775]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0139]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. This action is necessary to protect persons and vessels from
hazards associated with a high-speed Jet Ski race competition in
Orange, TX. Entry of vessels or persons into this zone is prohibited
unless authorized by the Captain of the Port
[[Page 11816]]
Marine Safety Unit Port Arthur or a designated representative.
DATES: This rule is effective from 9 a.m. on March 17, 2023 through 6
p.m. on March 18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0139 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone 409-719-5086, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
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. This safety zone
must be established by March 17, 2023 and we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing this rule. The NPRM process would delay the
establishment of the safety zone until after the dates of the jet ski
races and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because establishing the safety zones
by March 17, 2023 is necessary to protect all waterway users during
scheduled race events.
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 Marine
Safety Unit Port Arthur (COTP) has determined that the potential
hazards associated with high-speed jet ski races are a safety concern
for persons and vessels operating on the Sabine River. Possible hazards
include risks of injury or death from near or actual contact among
participant vessels and spectators or mariners traversing through the
safety zone. This rule is needed to protect all waterway users,
including event participants and spectators, before, during, and after
the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9 a.m. through 6
p.m. each day from March 17, 2023 through March 18, 2023. The safety
zone covers all navigable waters of the Sabine River, extending the
entire width of the river, adjacent to the public boat ramp located in
Orange, TX bounded by the Orange Municipal Wharf, latitude
30[deg]05'50'' N and latitude 30[deg]05'33'' N. The duration of the
safety zone is intended to protect participants, spectators, and other
persons and vessels, in the navigable waters of the Sabine River during
high-speed jet ski races and will include breaks and opportunity for
vessels to transit through the regulated area.
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. This safety zone encompasses
a less than half-mile stretch of the Sabine River for eight hours on
each of two days. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners (BNMs) via VHF-FM marine channel 16 about the zone, daily
enforcement periods will include breaks that will provide an
opportunity for vessels to transit through the regulated area, and 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 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
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
call or email 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).
[[Page 11817]]
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.
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, Rev. 1, associated implementing instructions, 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
safety zone lasting 8 hours on each of two days that will prohibit
entry on less than a one-half mile stretch of the Sabine River. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 AREA 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.T08-0139 to read as follows:
Sec. 165.T08-0139 Safety Zone; Sabine River, Orange, Texas
(a) Location. The following area is a safety zone: All navigable
waters of the Sabine River, extending the entire width of the river,
adjacent to the public boat ramp located in Orange, TX bounded on the
north by the Orange Municipal Wharf and latitude 30[deg]05'50'' N and
to the south by latitude 30[deg]05'33'' N.
(b) Effective period. This section is effective from 9 a.m. on
March 17, 2023 through 6 p.m. on March 18, 2023.
(c) Enforcement periods. This section will be enforced from 9 a.m.
through 6 p.m. daily. Breaks in the racing will occur during the
enforcement periods, which will allow for vessels to pass through the
safety zone. The Captain of the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative will provide notice of
enforcement appropriate per paragraph (e).
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into safety zone
described in paragraph (a) of this section is prohibited unless
authorized by the COTP or a designated representative. They may be
contacted on VHF-FM channel 13 or 16, or by phone at by telephone at
409-719-5070. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to
[[Page 11818]]
Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate.
Dated: February 10, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port
Arthur.
[FR Doc. 2023-03775 Filed 2-23-23; 8:45 am]
BILLING CODE 9110-04-P
