Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX, 67093-67095 [2023-21425]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations
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.
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
VerDate Sep<11>2014
16:15 Sep 28, 2023
Jkt 259001
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing an area near Ship
Rock, Catalina Island for the Ocean Cup
Pacific Rum Run. It is categorically
excluded from further review under
paragraph 60(a) of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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:
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Los Angeles—Long Beach
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by hailing Coast Guard
Sector Los Angeles—Long Beach on
VHF–FM Channel 16 or calling at (310)
521–3801. Those in the safety 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 safety
zone will be enforced from 6:30 a.m. to
noon on September 29, 2023. The
marine public will be notified of this
safety zone via Broadcast Notice to
Mariners. If the COTP determines that
the zone need not be enforced during
this entire period, the Coast Guard will
announce via Broadcast Notice to
Mariners when the zone will no longer
be subject to enforcement.
Dated: September 21, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port, Los Angeles—Long Beach.
[FR Doc. 2023–21380 Filed 9–28–23; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
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.
67093
33 CFR Part 165
[Docket Number USCG–2023–0806]
RIN 1625–AA00
■
2. Add § 165.T11–141 to read as
follows:
Safety Zone; La Quinta and Corpus
Christi Shipping Channel, Ingleside, TX
§ 165.T11–141 Safety Zone; Pacific Ocean,
Catalina, California.
AGENCY:
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor consisting of
a line connecting the following
coordinates: 33°39′11″ N, 118°0′22″ W;
33°27′42″ N, 118°29′28″ W; 33°24′51″ N,
118°30′7″ W; 33°39′5″ N, 118°0′28″ W.
These coordinates are based on North
American Datum of 1983.
(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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
ACTION:
Coast Guard, DHS.
Temporary final rule.
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 arising from the
towing of the rig NFE PIONEER II. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
SUMMARY:
E:\FR\FM\29SER1.SGM
29SER1
67094
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations
Sector Corpus Christi, or a designated
representative.
This rule is effective without
actual notice from September 29, 2023
through 6 p.m. on October 10, 2023. The
rule will be subject to enforcement
between 6 a.m. and 6. p.m. each day
during that period.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0806 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 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:
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
lotter on DSK11XQN23PROD with RULES1
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 the rig, 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
VerDate Sep<11>2014
16:15 Sep 28, 2023
Jkt 259001
this rule would be contrary to the public
interest because there are fewer than 30
days left before the towing is to occur,
and publication of this rule 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 II, which will take place
between September 26, 2023 and
October 10, 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 protect the marine
environment, and to ensure safety of
vessels and persons on these navigable
waters who might be present in the
safety zone while the rig is being towed
but for the existence of the safety zone.
IV. Discussion of the Rule
This rule is subject to enforcement
from 6 a.m. to 6 p.m. each day, from
September 26, 2023 through October 10,
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 period in
which the rule is subject to enforcement
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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
subject to enforcement for a period of
only 12 hours a day, from September 26,
2023 through October 10, 2023. The rule
does not completely prohibit vessel
traffic within the waterway and it
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
E:\FR\FM\29SER1.SGM
29SER1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations
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.
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
VerDate Sep<11>2014
16:15 Sep 28, 2023
Jkt 259001
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 II
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
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.T08–0806 to read as
follows:
■
§ 165.T08–0806 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 subject to enforcement from 6
a.m. to 6 p.m. on each day, from
September 26, 2023, through October
10, 2023.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
67095
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.
Dated: September 22, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2023–21425 Filed 9–28–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0622]
RIN 1625–AA00
Safety Zone; Pacific Ocean,
Huntington Beach, California
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing a safety zone offshore of
Huntington Beach, CA in support of the
Pacific Airshow. This action is
necessary to provide for the safety of life
on these navigable waters in the area of
the air and water demonstrations and to
protect the high concentration of people
attending the event. This regulation
prohibits vessels from entering into,
transiting through, or remaining within
the designated area unless specifically
authorized by the Captain of the Port,
Sector Los Angeles—Long Beach
(COTP), or a designated representative.
DATES: This rule is effective from 9:30
a.m. on September 29, 2023 through 5
p.m. on October 1, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0622 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
E:\FR\FM\29SER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67093-67095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21425]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0806]
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 arising from the towing of the rig
NFE PIONEER II. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
[[Page 67094]]
Sector Corpus Christi, or a designated representative.
DATES: This rule is effective without actual notice from September 29,
2023 through 6 p.m. on October 10, 2023. The rule will be subject to
enforcement between 6 a.m. and 6. p.m. each day during that period.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0806 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 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
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 the rig, 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 there are
fewer than 30 days left before the towing is to occur, and publication
of this rule 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
II, which will take place between September 26, 2023 and October 10,
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 protect the marine
environment, and to ensure safety of vessels and persons on these
navigable waters who might be present in the safety zone while the rig
is being towed but for the existence of the safety zone.
IV. Discussion of the Rule
This rule is subject to enforcement from 6 a.m. to 6 p.m. each day,
from September 26, 2023 through October 10, 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 period in which the rule is subject to
enforcement 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 subject
to enforcement for a period of only 12 hours a day, from September 26,
2023 through October 10, 2023. The rule does not completely prohibit
vessel traffic within the waterway and it 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
[[Page 67095]]
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 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 II 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.T08-0806 to read as follows:
Sec. 165.T08-0806 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 subject to enforcement
from 6 a.m. to 6 p.m. on each day, from September 26, 2023, through
October 10, 2023.
(c) Regulations. (1) In accordance with 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.
Dated: September 22, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-21425 Filed 9-28-23; 8:45 am]
BILLING CODE 9110-04-P
