Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX, 63841-63843 [2023-20100]
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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations
The definition of the term ‘‘software’’
in § 772.1 includes both source code
and object code, and ‘‘software’’ is used
as a defined term in § 734.19.
Accordingly, the note added in this rule
will eliminate potential uncertainty that
the § 734.15 definition of ‘‘release’’
limits § 734.19 to only controlling
transfers of access information that
release source code, rather than both
source code and object code.
lotter on DSK11XQN23PROD with RULES1
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to or be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves an information collection
approved by OMB under control
number 0694–0088, Simplified Network
Application Processing System. BIS
does not anticipate a change to the
burden hours associated with this
collection as a result of this rule.
Information regarding the collection,
including all supporting materials, can
be accessed at https://www.reginfo.gov/
public/do/PRAMain.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018, this
action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
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16:38 Sep 15, 2023
Jkt 259001
not applicable. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
List of Subjects 15 CFR Part 734
Administrative practice and
procedure, Exports, Inventions and
patents, Research, Science and
technology.
Accordingly, 15 CFR part 734 is
corrected by making the following
correcting amendments:
PART 734—SCOPE OF THE EXPORT
ADMINISTRATION REGULATIONS
1. The authority citation for part 734
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp., p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
223; Notice of November 8, 2022, 87 FR
68015 (November 10, 2022).
2. Section 734.15 is amended by
revising paragraph (a) introductory text
to read as follows:
■
§ 734.15
Release.
(a) Except as set forth in §§ 734.18 and
734.19, ‘‘technology’’ and ‘‘software’’
are ‘‘released’’ through:
*
*
*
*
*
■ 3. Section 734.19 is amended by
adding a note at the end of the section
to read as follows:
§ 734.19
Transfer of access information.
*
*
*
*
*
Note 1 to § 734.19: For purposes of
this section, a release of ‘‘software’’
includes source code and object code.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2023–20128 Filed 9–15–23; 8:45 am]
BILLING CODE 3510–33–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0770]
RIN 1625–AA87
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
Frm 00009
Fmt 4700
The Coast Guard is
establishing one temporary, 500-yard
radius, moving security zone for certain
vessel carrying Certain Dangerous
Cargoes (CDC) within the Corpus Christi
Ship Channel and the La Quinta
Channel. The temporary security zone is
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 this zone 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 September 15, 2023,
until September 18, 2023. For the
purposes of enforcement, actual notice
will be used from September 12, 2023,
until September 15, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0770 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about 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
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
PO 00000
63841
Sfmt 4700
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
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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations
impracticable. The Coast Guard must
establish this security zone by
September 12, 2023, to ensure security
of this vessel and lacks 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.
lotter on DSK11XQN23PROD with RULES1
III. Legal Authority and Need for Rule
The Coast Guard may issue security
zone regulations under authority in 46
U.S.C. 70051 and 70124. The Captain of
the Port Sector Corpus Christi (COTP)
has determined that potential hazards
associated with the transit of the Motor
Vessel (M/V) RIOJA KNUTSEN, when
loaded, will be a security concern
within a 500-yard radius of the vessel.
This rule is needed to provide for the
safety and security of the vessel, their
cargo, and surrounding waterway from
terrorist acts, sabotage or other
subversive acts, accidents, or other
events of a similar nature while it is
transiting within Corpus Christi, TX,
from September 12, 2023, through
September 18, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing one
500-yard radius temporary moving
security zone around M/V RIOJA
KNUTSEN. The vessel names will be
clearly marked on the port, starboard,
and stern. The zone for the vessel will
be enforced from September 12, 2023,
through September 18, 2023. The
duration of the zone is intended to
protect the vessel 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 this security zone is
prohibited unless authorized by the
COTP or a designated representative,
who will be on scene to enforce the
security zone. 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 the
zone must request permission from the
COTP or a designated representative on
VHF–FM channel 16 or by telephone at
VerDate Sep<11>2014
16:38 Sep 15, 2023
Jkt 259001
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, 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, duration, and
location of the security zones. This rule
will impact a small, designated area of
500-yards around the moving vessel in
the Corpus Christi Ship Channel and the
La Quinta Channel as the vessel transit
the channel over a seven day period.
Moreover, the rule allows vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
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.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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:\FR\FM\18SER1.SGM
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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations
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 RIOJA KNUTSEN is
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 RIOJA
KNUTSEN while the vessel is transiting
loaded within Corpus Christi Ship
Channel and La Quinta Channel. It is
categorically excluded from further
review under L60(a) 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.
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
POSTAL REGULATORY COMMISSION
1. The authority citation for part 165
continues to read as follows:
[Docket No. RM2020–8]
■
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.T08–0770 to read as
follows:
■
§ 165.T08–0770 Security Zones; Corpus
Christi Ship Channel, Corpus Christi, TX.
(a) Location. The following area is a
moving security zone: All navigable
waters encompassing a 500-yard radius
around the M/V RIOJA KNUTSEN while
the vessel is in the Corpus Christi Ship
Channel and La Quinta Channel.
(b) Enforcement period. This section
will be enforced from September 12,
2023, through September 18, 2023.
(c) Regulations. (1) The general
regulations in § 165.33 apply. Entry into
the zone 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 (USCG) 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: September 12, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2023–20100 Filed 9–15–23; 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:
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16:38 Sep 15, 2023
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63843
PO 00000
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39 CFR Part 3040
RIN 3211–AA28
Update to Product Lists
Postal Regulatory Commission.
Direct final rule.
AGENCY:
ACTION:
The Commission is
announcing an update to the Market
Dominant and Competitive product
lists. This action reflects a publication
policy adopted by Commission rules.
The referenced policy assumes periodic
updates. The updates are identified in
the body of this document. The Market
Dominant and Competitive product
lists, which are re-published in their
entirety, include these updates.
DATES: This rule is effective November
2, 2023, without further action, unless
adverse comment is received by October
18, 2023. If adverse comment is
received, the Commission will publish a
timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6800.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Commission Process
III. Authorization
IV. Modifications
V. Ordering Paragraphs
I. Introduction
Pursuant to 39 U.S.C. 3642(d)(2) and
39 CFR 3040.103, the Commission
provides a Notice of Update to Product
Lists by listing all necessary
modifications to both the Market
Dominant and Competitive product lists
between January 1, 2023, and June 30,
2023.
II. Commission Process
Pursuant to 39 CFR part 3040, the
Commission maintains a Mail
Classification Schedule (MCS) that
includes rates, fees, and product
descriptions for each Market Dominant
and Competitive product, as well as
product lists that categorize Postal
Service products as either Market
Dominant or Competitive. See generally
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]]>Agencies
[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20100]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0770]
RIN 1625-AA87
Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing one temporary, 500-yard
radius, moving security zone for certain vessel carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the
La Quinta Channel. The temporary security zone is 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 this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.
DATES: This rule is effective without actual notice from September 15,
2023, until September 18, 2023. For the purposes of enforcement, actual
notice will be used from September 12, 2023, until September 15, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0770 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about 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
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
[[Page 63842]]
impracticable. The Coast Guard must establish this security zone by
September 12, 2023, to ensure security of this vessel and lacks
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 may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The Captain of the Port Sector Corpus
Christi (COTP) has determined that potential hazards associated with
the transit of the Motor Vessel (M/V) RIOJA KNUTSEN, when loaded, will
be a security concern within a 500-yard radius of the vessel. This rule
is needed to provide for the safety and security of the vessel, their
cargo, and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature while
it is transiting within Corpus Christi, TX, from September 12, 2023,
through September 18, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing one 500-yard radius temporary
moving security zone around M/V RIOJA KNUTSEN. The vessel names will be
clearly marked on the port, starboard, and stern. The zone for the
vessel will be enforced from September 12, 2023, through September 18,
2023. The duration of the zone is intended to protect the vessel 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 this security zone is prohibited unless authorized by
the COTP or a designated representative, who will be on scene to
enforce the security zone. 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 the 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, 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,
duration, and location of the security zones. This rule will impact a
small, designated area of 500-yards around the moving vessel in the
Corpus Christi Ship Channel and the La Quinta Channel as the vessel
transit the channel over a seven day period. Moreover, the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
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
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.
[[Page 63843]]
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 RIOJA KNUTSEN is 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 RIOJA KNUTSEN while
the vessel is transiting loaded within Corpus Christi Ship Channel and
La Quinta Channel. It is categorically excluded from further review
under L60(a) 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.T08-0770 to read as follows:
Sec. 165.T08-0770 Security Zones; Corpus Christi Ship Channel, Corpus
Christi, TX.
(a) Location. The following area is a moving security zone: All
navigable waters encompassing a 500-yard radius around the M/V RIOJA
KNUTSEN while the vessel is in the Corpus Christi Ship Channel and La
Quinta Channel.
(b) Enforcement period. This section will be enforced from
September 12, 2023, through September 18, 2023.
(c) Regulations. (1) The general regulations in Sec. 165.33 apply.
Entry into the zone 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 (USCG) 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: September 12, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-20100 Filed 9-15-23; 8:45 am]
BILLING CODE 9110-04-P
