80132 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

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 in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 744—CONTROL POLICY: ENDUSER AND END-USE BASED 

■ 1. The authority citation for part 744 

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.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 

45167, 3 CFR, 1998 Comp., p. 208; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 

Comp., p. 786; Notice of November 8, 2022, 

87 FR 68015, 3 CFR, 2022 Comp., p. 563; 

Notice of September 7, 2023, 88 FR 62439 

(September 11, 2023). 

■ 2. Supplement no. 4 is amended by 

removing the entry for ‘‘Ministry of 

Public Security’s Institute of Forensic 

Science of China’’ under CHINA, 

PEOPLE’S REPUBLIC OF. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–25557 Filed 11–16–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0052] 

RIN 1625–AA00 

Safety Zone; Hurricanes, Tropical 

Storms, and Other Storms With High 

Winds; Captain of the Port Zone Sector 

North Carolina 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone to be enforced 

in the event of hurricanes and tropical 

storms in the Sector North Carolina 

Captain of the Port (COTP) Zone. This 

action is necessary to ensure the safety 

of the waters of the Sector North 

Carolina COTP Zone. This rule 

establishes actions to be completed by 

industry and vessels in the COTP Zone 

prior to landfall of hurricanes and 

tropical storms threatening the State of 

North Carolina. 

DATES: This rule is effective December 

18, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0052 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 Petty Officer Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@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 

North Carolina has the potential to be 

affected by hurricanes and tropical 

storms on a yearly basis, especially 

between the months of June and 

November. The Sector North Carolina 

Captain of the Port (COTP) proposed 

establishing a safety zone to provide for 

the safety of life and for the protection 

of port infrastructure and of the 

environment during such storms. In 

response, on July 14, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Hurricanes and Tropical Storms in 

Captain of the Port Zone North 

Carolina’’ (88 FR 45123). There we 

stated why we issued the NPRM and 

invited comments on our proposed 

regulatory action related to this safety 

zone. During the comment period that 

ended August 14, 2023, we received no 

comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP of Sector North Carolina has 

determined that the establishment of a 

safety zone to be enforced in case of 

hurricanes and heavy weather in North 

Carolina is necessary to ensure the 

safety of the waters of the COTP Zone 

Sector North Carolina. This safety zone 

establishes actions to be completed by 

local industry and vessels in the COTP 

zone prior to landfall of hurricanes and 

heavy weather threatening the State of 

North Carolina. The safety zone consists 

of all navigable waters of the United 

States in the Sector North Carolina 

COTP Zone, as defined in 33 CFR 3.25– 

20. Portions of the safety zone may be 

activated at different times, as 

conditions dictate. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published July 

14, 2023. While there were no 

comments to the proposed rule, the 

following change was made to this rule. 

The name of the rule was changed to 

‘‘Safety Zone; Hurricanes and Heavy 

Weather in Captain of the Port Zone 

Sector North Carolina’’ in order to 

harmonize this to similar rules within 

U.S. Coast Guard District 5. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This action is necessary to ensure the 

safety of the waters of the COTP Zone 

Sector North Carolina as it establishes 

actions to be completed by local 

industry and vessels in the COTP zone 

prior to landfall of hurricanes and 

tropical storms threatening the State of 

North Carolina. This safety zone 

consists of all navigable waters of the 

United States in the Sector North 

Carolina COTP Zone, as defined in 33 

CFR 3.25–20. Portions of the safety zone 

may be activated at different times, as 

conditions dictate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80133 

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 

section 3(f) of 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 necessity to protect life 

and port infrastructure during 

hurricanes and tropical storms. The 

scope of the regulation is narrow and 

will only apply when a hurricane or 

tropical storm impacts the navigable 

waters of the Sector North Carolina 

Captain of the Port Zone. These events 

are infrequent and of relatively short 

duration. Regulatory restrictions will be 

lifted as soon as practicable following 

the passage of a named storm. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 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 call or email 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. 

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 that prohibits entry in certain 

waters of the Sector North Carolina 

COTP Zone for the duration needed to 

ensure safe transit of vessels and 

industry post-hurricane, post-storm, and 

post-emergency. 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 

Marine safety, Navigation, 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 § 165.562 to read as follows: 

§ 165.562 Safety Zone; Hurricanes, 

Tropical Storms, and other Storms with 

High Winds; Captain of the Port Zone 

Sector North Carolina. 

(a) Regulated Areas. All navigable 

waters of the United States within 


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80134 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

Sector North Carolina COTP Zone as 

described in 33 CFR 3.25–20, during 

specified port conditions. Port 

conditions and safety zone activation 

may vary for different regions of the 

regulated area at different times, based 

on storm conditions and projected track. 

(b) Definitions. (1) Captain of the Port 

means the Commander, Coast Guard 

Sector North Carolina. 

(2) Representative means any Coast 

Guard commissioned, warrant, or petty 

officer or civilian employee who has 

been authorized to act on the behalf of 

the Captain of the Port. 

(3) Port Condition WHISKEY means a 

condition set by the COTP when 

National Weather Service (NWS) 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the Port of Wilmington or Port of 

Morehead City within 72 hours. 

(4) Port Condition X–RAY means a 

condition set by the COTP when NWS 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 48 hours. 

(5) Port Condition YANKEE means a 

condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 24 

hours. 

(6) Port Condition ZULU means a 

condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 12 

hours. 

(7) Port Condition RECOVERY means 

a condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are no longer 

predicted for the designated area. This 

port condition remains in effect until 

the regulated areas are deemed safe and 

reopened to normal operations. 

(c) Regulations—(1) Port Condition 

WHISKEY. All vessels must exercise 

due diligence in preparation for 

potential storm impacts. Ports and 

waterfront facilities are encouraged to 

remove all debris and secure potential 

flying hazards. All self-propelled 

oceangoing vessels over 500 gross tons 

(GT), all oceangoing tank barges and 

their supporting tugs, and all tank 

barges over 200 GT wishing to remain 

in port should seek approval from the 

COTP prior to Port Condition X-Ray. 

(2) Port Condition X–RAY. All vessels 

and port facilities are encouraged to 

ensure potential flying debris and 

hazardous materials are removed or 

secured. All self-propelled oceangoing 

vessels over 500 gross tons (GT), all 

oceangoing tank barges and their 

supporting tugs, and all tank barges over 

200 GT without COTP approval to 

remain in port must depart prior to the 

setting of Port Condition Yankee. 

Vessels with COTP permission to 

remain in port must implement their 

approved mooring arrangement. 

(3) Port Condition YANKEE. Affected 

ports are closed to all inbound vessel 

traffic. All self-propelled oceangoing 

vessels over 500 gross tons (GT), all 

oceangoing tank barges and their 

supporting tugs, and all tank barges over 

200 GT must have departed designated 

ports within the Sector North Carolina 

COTP zone unless they have received 

COTP approval to remain in port. 

(4) Port Condition ZULU. Affected 

ports and waterways are closed to all 

vessel traffic unless specifically 

authorized by the COTP or 

representative. Cargo operations are 

suspended, including bunkering and 

lightering. The COTP may grant cargo 

transfer waivers unless a Cargo of 

Particular Hazard or Certain Dangerous 

Cargo is involved. 

(5) Port Condition RECOVERY. 

Designated areas are closed to all 

commercial traffic and recreational 

vessels 65-feet in length and greater. 

Based on assessments of channel 

conditions, navigability concerns, and 

hazards to navigation, the COTP may 

permit vessel movements with 

restrictions. Restrictions may include, 

but are not limited to, preventing or 

delaying vessel movements, imposing 

draft, speed, size, horsepower or 

daylight restrictions, or directing the use 

of specific routes. Vessels permitted to 

transit the regulated area shall comply 

with the lawful orders or directions 

given by the COTP or designated 

representative. 

(6) Safety Zones Notice. Coast Guard 

Sector North Carolina will attempt to 

notify the maritime community of 

periods during which these safety zones 

will be in effect via Broadcast Notice to 

Mariners, Marine Safety Information 

Broadcast, or by on-scene designated 

representatives. 

(7) Regulated Area Notice. The Coast 

Guard will provide notice of the 

regulated area via Broadcast Notice to 

Mariners, Marine Safety Information 

Broadcast, or by on-scene designated 

representatives. 

(8) Exception. This regulation does 

not apply to authorized law 

enforcement agencies operating within 

the regulated area. 

Timothy J. List, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector North Carolina. 

[FR Doc. 2023–25461 Filed 11–16–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0902] 

RIN 1625–AA87 

Security Zones; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing four temporary, 500-yard 

radius, moving security zones within 

the Corpus Christi Ship Channel and the 

La Quinta Channel. The temporary 

security zones are needed to protect 

certain vessels carrying cargoes which 

pose such risks that they require an 

elevated level of security, the cargoes 

themselves, 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 these zones 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 November 17, 2023 

until November 24, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 10, 2023, 

until November 17, 2023. 

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 


khammond on DSKJM1Z7X2PROD with RULES