Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX, 57356-57358 [2023-18124]
Download as PDF
57356
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD 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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
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
security zone in effect 24 hours a day
over a period of ten days. 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. 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 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
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–137 to read as
follows:
■
operating a Coast Guard vessel, and a
Federal, State, or local officer
designated by or assisting the Captain of
the Port (COTP) San Francisco in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the COTP
or a designated representative.
(2) The security zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) To seek permission to enter,
contact the COTP or the COTP’s
designated representative through the
Command Post at telephone (202) 604–
8857 or by VHF Marine Radio channel
21A. Those in the security zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 12:01 a.m. on
August 18, 2023, until 11:59 p.m. on
August 27, 2023.
Dated: August 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Francisco.
[FR Doc. 2023–18170 Filed 8–22–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0705]
RIN 1625–AA00
Safety Zone; La Quinta and Corpus
Christi Shipping Channel, Ingleside, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
§ 165.T11–137 Security Zone: Lake Tahoe,
Glenbrook, NV.
ACTION:
(a) Location. The following area is a
security zone: All navigable waters,
from surface to bottom, within the area
formed by connecting the following
latitude and longitude points in the
following order: 39°5′33.7″ N,
119°56′37.8″ W; thence to 39°5′36.7″ N,
119°56′28.2″ W; thence to 39°5′30.8″ N,
119°56′25.6″ W; thence to 39°5′29.7″ N,
119°56′36.2″ W and thence along the
shoreline to the point of beginning.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
SUMMARY:
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Fmt 4700
Sfmt 4700
The Coast Guard is
establishing a temporary, moving 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 NFE
PIONEER I while it is towed offshore
from the Kiewit Offshore Services
facility. 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.
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
This rule is effective from 6 a.m.
to 6 p.m. from August 21, 2023, through
August 26, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0705 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
lotter on DSK11XQN23PROD with RULES1
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
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 the possibility that a Floating
Production Unit being towed by a
heavy-lift vessel could separate from the
towing vessel and float off, and we 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.
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
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
hazards inherent in the towing of the rig
NFE PIONEER I, which will take place
between August 21, 2023 and August
26, 2023, will be a safety concern for
anyone within the La Quinta and
Corpus Christi Shipping Channel
between gated pair lights 11 and 12 and
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 rig is being towed.
IV. Discussion of the Rule
This rule is effective from 6 a.m. to 6
p.m. from August 21, 2023, through
August 26, 2023. The transit will begin
at the Kiewit Offshore Services facility,
adjacent to the La Quinta Channel
between gated pair lights 11 and 12 to
the Sea buoy. No vessel or person will
be permitted to enter the temporary,
moving 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 as amended by
Executive Order 14094 (Modernizing
Regulatory Review). 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, moving safety zone will be
enforced for a period of only 12 hours
a day, from August 21, 2023 through
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
57357
August 26, 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 moving 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,
E:\FR\FM\23AUR1.SGM
23AUR1
57358
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD 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
establishment of a temporary moving
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 NFE PIONEER I while
it is towed from Kiewit Offshore
Services. It is categorically excluded
from further review under paragraph
L60(c), in Appendix A, Table 1 of DHS
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
Instruction Manual 023–01–001–01,
Rev. 1.
Marine Information Broadcasts as
appropriate.
G. Protest Activities
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Corpus Christi.
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
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.T08–0705 to read as
follows:
■
§ 165.T08–0705 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 6 a.m. to 6 p.m.
from August 21, 2023, through August
26, 2023.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into this temporary moving
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
PO 00000
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[FR Doc. 2023–18124 Filed 8–21–23; 4:15 pm]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0397; FRL–10011–
02–R4]
Air Plan Approval; South Carolina:
New Source Review Updates
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (hereinafter
referred to as SC DHEC or South
Carolina) via a letter dated February 3,
2022. The SIP revision updates portions
of South Carolina’s Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations, including changes
to reflect the regulation of greenhouse
gases (GHGs) pursuant to the Tailoring
Rule and updates promulgated in the
recent NSR Corrections Rule. With the
exception of the Project Emissions
Accounting provisions, which EPA
expects to act on in a separate final rule,
EPA is approving these revisions
pursuant to the Clean Air Act (CAA or
Act) and implementing Federal
regulations.
DATES: This rule is effective September
22, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0397. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
SUMMARY:
E:\FR\FM\23AUR1.SGM
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Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57356-57358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18124]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0705]
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, moving 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 NFE PIONEER I
while it is towed offshore from the Kiewit Offshore Services facility.
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.
[[Page 57357]]
DATES: This rule is effective from 6 a.m. to 6 p.m. from August 21,
2023, through August 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0705 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 the
possibility that a Floating Production Unit being towed by a heavy-lift
vessel could separate from the towing vessel and float off, and we 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 hazards inherent in the towing of the rig NFE PIONEER
I, which will take place between August 21, 2023 and August 26, 2023,
will be a safety concern for anyone within the La Quinta and Corpus
Christi Shipping Channel between gated pair lights 11 and 12 and 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 rig is
being towed.
IV. Discussion of the Rule
This rule is effective from 6 a.m. to 6 p.m. from August 21, 2023,
through August 26, 2023. The transit will begin at the Kiewit Offshore
Services facility, adjacent to the La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. No vessel or person will be permitted
to enter the temporary, moving 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 as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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, moving safety zone will be enforced
for a period of only 12 hours a day, from August 21, 2023 through
August 26, 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 moving 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,
[[Page 57358]]
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 moving
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 NFE PIONEER I while it is towed from Kiewit
Offshore Services. It is categorically excluded from further review
under paragraph L60(c), in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0705 to read as follows:
Sec. 165.T08-0705 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 6 a.m.
to 6 p.m. from August 21, 2023, through August 26, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary moving 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.
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus
Christi.
[FR Doc. 2023-18124 Filed 8-21-23; 4:15 pm]
BILLING CODE 9110-04-P