Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67093 

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. 

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 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: 

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.T11–141 to read as 

follows: 

§ 165.T11–141 Safety Zone; Pacific Ocean, 

Catalina, California. 

(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 

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 

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, 


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67094 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

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 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 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 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 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 

■ 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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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.’’ 


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