Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX, 18393-18395 [2023-06503]

Download as PDF Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p.389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * ddrumheller on DSK120RN23PROD with RULES1 Class E Surface Airspace. * * * ASO GA E2 Macon, GA [Amended] Middle Georgia Regional Airport, Macon, GA (Lat 32°41′34″ N, long 83°38′57″ W) Robins AFB (Lat 32°38′25″ N, long 83°35′31″W) That airspace extending upward from the surface within a 4.9-mile radius of Middle Georgia Regional Airport, excluding the portion within the 5.5-mile radius of Robins AFB Airport that lies south of a line connecting the two points of intersection of the 5.5-mile radius circle centered on the Robins AFB Airport and the 4.1-mile radius of Middle Georgia Regional Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be VerDate Sep<11>2014 17:14 Mar 28, 2023 * * * * * ASO GA E5 Macon, GA [Amended] Middle Georgia Regional Airport, GA (Lat 32°41′34″ N, long 83°38′57″ W) Macon Downtown Airport (Lat 32°49′18″ N, long 83°33′43″ W) Robins AFB (Lat 32°38′25″ N, long 83°35′31″ W) Perry-Houston County Airport (Lat 32°30′38″ N, long 83°46′02″ W) That airspace extending upward from 700 feet above the surface within a 7.4-mile radius of Middle Georgia Regional Airport, and within a 7.5-mile radius of Macon Downtown Airport, a 7-mile radius of Robins AFB, and a 9.8-mile radius of Perry-Houston County Airport. Issued in College Park, GA, on March 22, 2023. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. BILLING CODE 4910–13–P Paragraph 6002 * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. [FR Doc. 2023–06324 Filed 3–28–23; 8:45 am] * ASO GA D Macon, GA [Amended] Middle Georgia Regional Airport, Macon, GA (Lat 32°41′34″ N, long 83°38′57″ W) Robins AFB (Lat 32°38′25″ N, long 83°35′31″ W) That airspace extending upward from the surface to and including 2,900 feet MSL within a 4.9-mile radius of Middle Georgia Regional Airport, excluding the portion within the 5.5-mile radius of Robins AFB Airport that lies south of a line connecting the two points of intersection of the 5.5-mile radius circle centered on the Robins AFB Airport and the 4.1-mile radius of Middle Georgia Regional Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. * continuously published in the Chart Supplement. Jkt 259001 DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 537 RIN 3141–AA58 Management Contracts Correction In rule document 2022–24135, appearing on pages 68046–68048 in the issue of Monday, November 14, 2022, make the following correction: ■ On page 68048 in the first column, instruction 2 is corrected to read ‘‘Amend § 537.1 by revising paragraphs (a)(3) through (5), and adding paragraph (d) to read as follows:’’ and the text of paragraphs (a)(1) and (2) are reinstated, and the corrected text of paragraphs (a)(3) through (5) are set forth below.’’ § 537.1 Applications for approval [Corrected]. (a) * * * (1) Each person with management responsibility for a management contract; (2) Each person who is a director of a corporation that is a party to a management contract; (3) All persons who have 10 percent or more or indirect financial interest in a management contract; PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 18393 (4) All entities with 10 percent or more financial interest in a management contract; and (5) Any other person or entity with a direct or indirect financial interest in a management contract otherwise designated by the Commission. * * * * * [FR Doc. C1–2022–24135 Filed 3–28–23; 8:45 am] BILLING CODE 0099–10–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0255] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing three temporary, 500-yard radius, moving security zones for certain vessels carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La Quinta Channel. The temporary security zones are needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. SUMMARY: This rule is effective without actual notice from March 29, 2023 until April 1, 2023. For the purposes of enforcement, actual notice will be used from March 23, 2023, until March 29, 2023. DATES: 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: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code E:\FR\FM\29MRR1.SGM 29MRR1 18394 Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations 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 these security zones by March 23, 2023 to ensure security of these vessels 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 these vessels. 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) VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS, when loaded, will be a security concern within a 500-yard radius of each vessel. This rule is needed to provide for the safety and security 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 March 23, 2023 through April 1, 2023. ddrumheller on DSK120RN23PROD with RULES1 IV. Discussion of the Rule The Coast Guard is establishing four 500-yard radius temporary moving security zones around M/V VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS. The zones for the vessels will be enforced from March 23, 2023, through April 1, 2023. The duration of the zones are intended to protect the vessels and cargo and VerDate Sep<11>2014 17:14 Mar 28, 2023 Jkt 259001 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 zones without obtaining permission from the COTP or a designated representative. Entry into these security zones is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Corpus Christi. Persons or vessels desiring to enter or pass through each zone must request permission from the COTP or a designated representative on VHF–FM channel 16 or by telephone at 361–939–0450. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/ or Marine Safety Information Bulletins (MSIBs) as appropriate for the enforcement times and dates for each security zone. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, duration, and location of the security zones. This rule will impact a small, designated area of 500-yards around the moving vessels in the Corpus Christi Ship Channel and La Quinta Channel as the vessels transit the channel over a nine day period. Moreover, the rule allows vessels to seek permission to enter the zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary security zones 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 E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations 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. ddrumheller on DSK120RN23PROD with RULES1 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 moving security zones lasting for the duration of time that the M/V VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS are 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 VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS while the vessels are 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. A record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, VerDate Sep<11>2014 17:14 Mar 28, 2023 Jkt 259001 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 18395 (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate of the enforcement times and dates for these security zones. Dated: March 22, 2023. J.B. Gunning, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2023–06503 Filed 3–28–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2023–0082] ■ 1. The authority citation for part 165 continues to read as follows: Safety Zone; French Quarter Festival Fireworks Display, New Orleans LA 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. AGENCY: 2. Add § 165.T08–0255 to read as follows: SUMMARY: ■ § 165.T08–0255 Security Zones; Corpus Christi Ship Channel. Corpus Christi, TX. (a) Location. The following area are moving security zones: All navigable waters encompassing a 500-yard radius around the M/V VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS while the vessels are in the Corpus Christi Ship Channel and La Quinta Channel. (b) Enforcement period. This section will be enforced from March 23, 2023 through April 1, 2023. (c) Regulations. (1) The general regulations in § 165.33 of this part apply. Entry into the zones is prohibited unless authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Corpus Christi. (2) Persons or vessels desiring to enter or pass through the zones 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Coast Guard, DHS. Notification of enforcement of regulation. ACTION: The Coast Guard will enforce a safety zone for the French Quarter Festival fireworks display from 7:30 to 8:45 p.m. on April 13, 2023. The safety zone will be enforced for all navigable waters of the Lower Mississippi River, New Orleans, LA from Mile Marker (MM) 94 to MM 95. This action is needed to provide for the safety of life on the navigable waterways during this event. In the event of inclement weather, the safety zone will be enforced from 7:30 to 8:45 p.m. on April 14, 2023. During the enforcement period, entry into this zone is prohibited to all vessels and persons except vessels authorized by the Captain of the Port New Orleans (COTP) or designated representative. DATES: The regulations in 33 CFR 165.845 will be enforced from 7:30 to 8:45 p.m. on April 13, 2023. In the event of inclement weather, the safety zone will be enforced from 7:30 to 8:45 p.m. on April 14, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email Lieutenant Commander William Stewart, Sector New Orleans, U.S. Coast Guard; telephone (504) 365–2246, email William.A.Stewart@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone for the French Quarter Festival fireworks display from 7:30 to 8:45 p.m. on April E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18393-18395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06503]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0255]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing three temporary, 500-yard 
radius, moving security zones for certain vessels carrying Certain 
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La 
Quinta Channel. The temporary security zones are needed to protect the 
vessels, the CDC cargo, and the surrounding waterway from terrorist 
acts, sabotage, or other subversive acts, accidents, or other events of 
a similar nature. Entry of vessels or persons into these zones 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 March 29, 2023 
until April 1, 2023. For the purposes of enforcement, actual notice 
will be used from March 23, 2023, until March 29, 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
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

[[Page 18394]]

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 these security zones by March 23, 2023 to ensure security of 
these vessels 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 these vessels.

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) VEGA SUN, M/V CLEAN CAJUN, 
M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS, when loaded, 
will be a security concern within a 500-yard radius of each vessel. 
This rule is needed to provide for the safety and security 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 March 23, 
2023 through April 1, 2023.

IV. Discussion of the Rule

    The Coast Guard is establishing four 500-yard radius temporary 
moving security zones around M/V VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG 
GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS. The zones for the vessels 
will be enforced from March 23, 2023, through April 1, 2023. The 
duration of the zones are intended to protect the vessels 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 zones without obtaining 
permission from the COTP or a designated representative.
    Entry into these security zones is prohibited unless authorized by 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
(USCG) assigned to units under the operational control of USCG Sector 
Corpus Christi. Persons or vessels desiring to enter or pass through 
each zone must request permission from the COTP or a designated 
representative on VHF-FM channel 16 or by telephone at 361-939-0450. If 
permission is granted, all persons and vessels shall comply with the 
instructions of the COTP or designated representative. The COTP or a 
designated representative will inform the public through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) as appropriate for the 
enforcement times and dates for each security zone.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
duration, and location of the security zones. This rule will impact a 
small, designated area of 500-yards around the moving vessels in the 
Corpus Christi Ship Channel and La Quinta Channel as the vessels 
transit the channel over a nine day period. Moreover, the rule allows 
vessels to seek permission to enter the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary security zones 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

[[Page 18395]]

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 moving security zones lasting for the 
duration of time that the M/V VEGA SUN, M/V CLEAN CAJUN, M/V GASLOG 
GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS are 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 VEGA SUN, M/V CLEAN 
CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V SOLARIS while the 
vessels are 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. A record of Environmental Consideration supporting this 
determination is available in the docket. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0255 to read as follows:


Sec.  165.T08-0255  Security Zones; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following area are moving security zones: All 
navigable waters encompassing a 500-yard radius around the M/V VEGA 
SUN, M/V CLEAN CAJUN, M/V GASLOG GEORGETOWN, M/V GAS PRIDE, and M/V 
SOLARIS while the vessels are in the Corpus Christi Ship Channel and La 
Quinta Channel.
    (b) Enforcement period. This section will be enforced from March 
23, 2023 through April 1, 2023.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of 
this part apply. Entry into the zones is prohibited unless authorized 
by the Captain of the Port Sector Corpus Christi (COTP) or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones 
must request permission from the COTP Sector Corpus Christi on VHF-FM 
channel 16 or by telephone at 361-939-0450.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
these security zones.

    Dated: March 22, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-06503 Filed 3-28-23; 8:45 am]
BILLING CODE 9110-04-P

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