[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]


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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.

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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