Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 63841 

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. 

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 

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 

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 Anthony.M.Garofalo@uscg.mil. 

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 

§ 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 


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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. 


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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 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 

■ 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.T08–0770 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 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3040 

[Docket No. RM2020–8] 

RIN 3211–AA28 

Update to Product Lists 

AGENCY: Postal Regulatory Commission. 

ACTION: Direct final rule. 

SUMMARY: 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. 

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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