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 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80135 

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. The Coast Guard must 

establish these security zones by 

November 10, 2023 to ensure security of 

these vessels and lacks sufficient time to 

provide a reasonable comment period 

and 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) BONITO LNG, M/V 

CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS, 

when loaded, will be a security concern 

within a 500-yard radius of each vessel. 

This rule is needed to provide for the 

safety and security of the vessels, their 

cargo, and the surrounding waterway 

from terrorist acts, sabotage or other 

subversive acts, accidents, or other 

events of a similar nature while they are 

transiting within Corpus Christi, TX. 

IV. Discussion of the Rule 

The Coast Guard is establishing four 

500-yard radius, temporary, moving 

security zones around M/V BONITO 

LNG, M/V CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS. To 

facilitate compliance with requirements 

of the security zones, the vessel names 

will be clearly marked on the port, 

starboard, and stern. The zones for the 

vessels will be effective and enforced 

from November 10, 2023, through 

November 24, 2023, to protect the 

vessels, their cargo, and the surrounding 

waterways from terrorist acts, sabotage, 

or other subversive acts, accidents, or 

other events of a similar nature while 

the vessels are traveling within the La 

Quinta and Corpus Christi Ship 

Channels. No vessel or person will be 

permitted to enter the security zones 

without obtaining permission from the 

COTP or a designated representative. 

Entry into these security zones 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 each 

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 vessels in 

the Corpus Christi Ship Channel and La 

Quinta Ship Channel as the vessels 

transit the channel over an fifteen day 

period. Moreover, the rule allows other 

vessels to seek permission to enter the 

zones. 

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 


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80136 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

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 moving 

security zones lasting for the duration of 

time that the M/V BONITO LNG, M/V 

CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS are 

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 BONITO LNG, 

M/V CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS 

while the vessels are transiting loaded 

within Corpus Christi Ship Channel and 

La Quinta Channel. It is categorically 

excluded from further review under 

L60(d) 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.T08–0902 to read as 

follows: 

§ 165.T08–0902 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following areas are 

moving security zones: All navigable 

waters encompassing a 500-yard radius 

around the M/V BONITO LNG, M/V 

CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS 

while the vessels are in the Corpus 

Christi Ship Channel and the La Quinta 

Ship Channel. 

(b) Effective period. This section will 

be in effect, and subject to enforcement, 

from November 10, 2023, through 

November 24, 2023. 

(c) Regulations. (1) The general 

regulations in § 165.33 of this part 

apply. Entry into the zones 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 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: November 9, 2023. 

Jason Gunning, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2023–25457 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–2023–0286] 

RIN 1625–AA00 

Safety Zone; Shrewsbury River, S–32 

Bridge, Boroughs of Rumson and Sea 

Bright, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Shrewsbury 

River, within a 100-yard radius of the 

center point of the S–32 Bridge on 

County Route 520 (Rumson Road), in 

the boroughs of Rumson and Sea Bright, 

New Jersey. The safety zone will 

include the East and West navigational 

channels and will temporarily close 

down a portion of the Shrewsbury River 

under and adjacent to the S–32 Bridge. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with the bridge construction. 

When enforced, entry of vessels or 

persons into this zone during the 

enforcement periods is prohibited 

unless specifically authorized by the 

Captain of the Port New York or a 

designated representative. 

DATES: This rule is effective from 

December 1, 2023, through December 

31, 2024. 


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