Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX, 34087-34089 [2023-11387]
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
Dated: May 20, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Upper Mississippi River.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2023–11294 Filed 5–25–23; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
[Docket Number USCG–2023–0390]
Authority: 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.
RIN 1625–AA00
Safety Zone; La Quinta and Corpus
Christi Shipping Channel, Ingleside, TX
2. Add § 165.T08–0229 to read as
follows:
AGENCY:
§ 165.T08–0229 Safety Zone; Illinois River
from MM 162.7 through 163.3, Peoria, IL
SUMMARY:
■
ddrumheller on DSK120RN23PROD with RULES1
Coast Guard
ACTION:
(a) Location. The following area is a
safety zone: all navigable waters within
the Illinois River from MM 162.7
through 163.3.
(b) Enforcement period. This section
will be subject to enforcement on June
10, 2023, from 8:45 p.m. to 10:15 p.m.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section 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 Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) 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, as well as reductions in
size or scope of the safety zone, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
VerDate Sep<11>2014
16:06 May 25, 2023
Jkt 259001
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the La Quinta
and Corpus Christi Shipping Channel
between gated pair lights 11 and 12 to
the Sea buoy. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by the rig CHEVRON
ANCHOR FPU HULL while it is towed
offshore from Kiewit Offshore Services.
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.
This rule is effective from 11
p.m. on May 27, 2023 through 11 a.m.
on May 28, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0390 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
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
PO 00000
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Fmt 4700
Sfmt 4700
34087
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 float-off of a Floating
Production Unit from a heavy-lift vessel
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with towing
the offshore rig through the La Quinta
Channel and 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 floatoff of the rig CHEVRON ANCHOR FPU
HULL while it is towed on May 27, 2023
and May 28, 2023 will be a safety
concern for anyone within the La
Quinta and Corpus Christi Shipping
Channel between gated pair lights 11
and 12 to the Sea buoy. The purpose of
this rule is to ensure safety of vessels
and persons on these navigable waters
in the safety zone while the float-off is
occurring.
IV. Discussion of the Rule
This rule is effective from 11 p.m. on
May 27, 2023 through 11 a.m. on May
28, 2023. The transit will occur at
Kiewit Offshore Services adjacent to the
La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The
safety zone is needed to protect
personnel, vessels, and the marine
E:\FR\FM\26MYR1.SGM
26MYR1
34088
Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
environment from potential hazards
created by the rig CHEVRON ANCHOR
FPU HULL while it is towed from
Kiewit Offshore Services. 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. This safety
zone covers a 5 nautical mile area of the
La Quinta and Corpus Christi Shipping
Channel near Ingleside, TX. The
temporary safety zone will be enforced
for a period of only 12 hours on May 27,
2023 and May 28, 2023. The rule does
not completely restrict the traffic within
a waterway and allows mariners to
request permission to enter the zone.
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
16:06 May 25, 2023
Jkt 259001
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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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 La
Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the rig CHEVRON ANCHOR
FPU HULL while it is towed from
Kiewit Offshore Services. It is
categorically excluded from further
review under paragraph L60 Appendix
A, Table 1 of DHS Instruction Manual
023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
E:\FR\FM\26MYR1.SGM
26MYR1
Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF COMMERCE
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
37 CFR Part 1
1. The authority citation for part 165
continues to read as follows:
RIN 0651–AD69
Patent and Trademark Office
■
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.T08–0390 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
(a) Location. The following area is a
safety zone: all navigable waters of the
La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative.
(b) Enforcement period. This section
will be enforced from 11 p.m. on May
27, 2023 through 11 a.m. on May 28,
2023.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into this temporary safety
zone is prohibited unless authorized by
the 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.
[FR Doc. 2023–11387 Filed 5–24–23; 4:15 pm]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:06 May 25, 2023
Jkt 259001
Adoption of Updated WIPO Standard
ST.26; Revision to Incorporation by
Reference
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
AGENCY:
The United States Patent and
Trademark Office (USPTO or Office) is
adopting the recently revised World
Intellectual Property Organization
(WIPO) Standard ST.26, version 1.6,
approved November 25, 2022, for
incorporation by reference into its
regulations addressing application
disclosures containing nucleotide and/
or amino acid sequences. The USPTO is
also correcting a grammatical oversight
in one of its sequence regulations. The
USPTO first amended its rules in 2022
to incorporate by reference certain
provisions of WIPO Standard ST.26. In
addition to simplifying the process for
applicants filing in multiple countries,
the ST.26 requirement to submit a single
sequence listing in eXtensible Mark-up
Language (XML) format provides better
preservation, accessibility, and sorting
of the submitted sequence data for the
public. Among other improvements, the
new version of ST.26 clarifies
requirements, improves descriptions,
and corrects editorial mistakes.
DATES: This final rule is effective on July
1, 2023. The incorporation by reference
of certain publications listed in this rule
is approved by the Director of the
Federal Register as of July 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Mary C. Till, Senior Legal Advisor,
Office of Patent Legal Administration,
Office of the Deputy Commissioner for
Patents, at Mary.Till@uspto.gov or 571–
272–7755; or Ali Salimi, Senior Legal
Advisor, Office of Patent Legal
Administration, Office of the Deputy
Commissioner for Patents, at
Ali.Salimi@uspto.gov or 571–272–0909.
SUPPLEMENTARY INFORMATION: The
‘‘WIPO Handbook on Intellectual
Property Information and
Documentation’’ (formerly the ‘‘WIPO
Handbook on Industrial Property
Information and Documentation’’) sets
forth standards for the presentation of
data in many contexts. One such
standard is WIPO Standard ST.26,
which is titled ‘‘RECOMMENDED
SUMMARY:
§ 165.T08–0390 Safety Zone; La Quinta
and Corpus Christi Shipping Channel,
Ingleside, TX.
Dated: May 22, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[Docket No. PTO–P–2023–0013]
PO 00000
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34089
STANDARD FOR THE PRESENTATION
OF NUCLEOTIDE AND AMINO ACID
SEQUENCE LISTINGS USING XML
(EXTENSIBLE MARKUP LANGUAGE).’’
WIPO Standard ST.26 defines the
disclosures of nucleotide and/or amino
acid sequences in patent applications
that must be presented in a sequence
listing in XML format in the manner
specified in the standard.
In a rulemaking published May 20,
2022, at 87 FR 30806, the USPTO
created new rules 37 CFR 1.831–1.839
that incorporate by reference WIPO
Standard ST.26. 37 CFR 1.839(b)(1)
specifically identifies the version of
WIPO Standard ST.26 that has been
incorporated by reference as ‘‘version
1.5, approved November 5, 2021.’’ On
November 25, 2022, WIPO adopted a
new version (version 1.6) of WIPO
Standard ST.26. As a result, the USPTO
is updating 37 CFR 1.839(b)(1) to reflect
the new version.
WIPO provides free online public
access to view copies of its standards.
WIPO standards that are incorporated
into Federal regulations are available to
the public for free viewing on WIPO’s
website at https://www.wipo.int/export/
sites/www/standards/en/pdf/03-26-01_
v1_6.pdf. In addition to the free online
availability of this standard on WIPO’s
website, WIPO Standard ST.26 is
available on the USPTO’s Sequence
Listing Resource Center at https://
www.uspto.gov/patents/apply/
sequence-listing-resource-center.
WIPO Standard ST.26 is composed of
eight documents, namely, the main
body of the standard, a first annex
(Annex I) setting forth the controlled
vocabulary for use with the main body,
a second annex (Annex II) setting forth
the Document Type Definition (DTD) for
the Sequence Listing, a third annex
(Annex III) containing a sequence listing
specimen (XML file), a fourth annex
(Annex IV) setting forth the character
subset from the Unicode Basic Latin
Code Table, a fifth annex (Annex V)
setting forth additional data exchange
requirements for IPOs, a sixth annex
(Annex VI) containing a guidance
document with illustrated examples,
and a seventh annex (Annex VII) setting
forth recommendations for the
transformation of a sequence listing
from WIPO Standard ST.25 format to
WIPO Standard ST.26 format, including
guidance on how to avoid adding or
deleting subject matter.
Revisions to WIPO Standard ST.26
under the newly adopted version affect
the main body, Annex I, Annex II,
Annex VI, and Annex VII. The changes
to the main body serve to clarify
requirements, improve descriptions (for
example, by better defining the value
E:\FR\FM\26MYR1.SGM
26MYR1
Agencies
[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Rules and Regulations]
[Pages 34087-34089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11387]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0390]
RIN 1625-AA00
Safety Zone; La Quinta and Corpus Christi Shipping Channel,
Ingleside, 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 La Quinta and Corpus Christi Shipping
Channel between gated pair lights 11 and 12 to the Sea buoy. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the rig CHEVRON ANCHOR
FPU HULL while it is towed offshore from Kiewit Offshore Services.
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 from 11 p.m. on May 27, 2023 through 11
a.m. on May 28, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0390 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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 float-off
of a Floating Production Unit from a heavy-lift vessel and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with towing the offshore rig through the La Quinta Channel and 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 float-off of the rig
CHEVRON ANCHOR FPU HULL while it is towed on May 27, 2023 and May 28,
2023 will be a safety concern for anyone within the La Quinta and
Corpus Christi Shipping Channel between gated pair lights 11 and 12 to
the Sea buoy. The purpose of this rule is to ensure safety of vessels
and persons on these navigable waters in the safety zone while the
float-off is occurring.
IV. Discussion of the Rule
This rule is effective from 11 p.m. on May 27, 2023 through 11 a.m.
on May 28, 2023. The transit will occur at Kiewit Offshore Services
adjacent to the La Quinta Channel between gated pair lights 11 and 12
to the Sea buoy. The safety zone is needed to protect personnel,
vessels, and the marine
[[Page 34088]]
environment from potential hazards created by the rig CHEVRON ANCHOR
FPU HULL while it is towed from Kiewit Offshore Services. 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. This safety zone covers a 5
nautical mile area of the La Quinta and Corpus Christi Shipping Channel
near Ingleside, TX. The temporary safety zone will be enforced for a
period of only 12 hours on May 27, 2023 and May 28, 2023. 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 La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the rig CHEVRON ANCHOR FPU HULL while it is towed from
Kiewit Offshore Services. It is categorically excluded from further
review under paragraph L60 Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 34089]]
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.T08-0390 to read as follows:
Sec. 165.T08-0390 Safety Zone; La Quinta and Corpus Christi Shipping
Channel, Ingleside, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the La Quinta Channel between gated pair lights 11 and 12 to
the Sea buoy. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative.
(b) Enforcement period. This section will be enforced from 11 p.m.
on May 27, 2023 through 11 a.m. on May 28, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary safety zone is
prohibited unless authorized by the 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: May 22, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-11387 Filed 5-24-23; 4:15 pm]
BILLING CODE 9110-04-P