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. 

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 

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: 

§ 165.T11–137 Security Zone: Lake Tahoe, 

Glenbrook, NV. 

(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 

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 

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. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 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 Anthony.M.Garofalo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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 

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, 


lotter on DSK11XQN23PROD with RULES1
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. 

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 

■ 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 

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 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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, 


lotter on DSK11XQN23PROD with RULES1