Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay, Corpus Christi, TX, 18395-18397 [2011-7874]

Download as PDF Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Amend § 165.1315 by revising Paragraph (a)(7)(ii) to read as follows: ■ § 165.1315 Safety Zones: Fireworks Displays in the Captain of the Port Columbia River Zone. (a) * * * (7) * * * (ii) Enforcement Period. One day between the third week of August and the third week of September. * * * * * Dated: March 19, 2011. D.E. Kaup, Captain, U.S. Coast Guard, Captain of the Port, Columbia River. [FR Doc. 2011–7877 Filed 4–1–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 sroberts on DSK69SOYB1PROD with RULES Environment [Docket No. USCG–2011–0139] We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded 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 is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves amending the enforcement period of an existing safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. RIN 1625–AA00 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of Oso Bay in Corpus Christi, Texas in support of the 2011 Naval Air Station Corpus Christi Air Show. This temporary safety zone is necessary to provide for the safety of other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port or his designated representative. DATES: This rule is effective from 8 a.m. Friday, April 8, 2011 until 7 p.m. Sunday, April 10, 2011. ADDRESSES: Documents indicated in this preamble as being available in the SUMMARY: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 18395 docket are part of docket USCG–2011– 0139 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0139 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail LT Wes Geyer, Sector Corpus Christi Waterways Management Division, Coast Guard; telephone 361– 888–3162, e-mail Wes.M.Geyer@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final 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 immediate action is necessary to ensure the safety of participants and spectators in the Naval Air Station Corpus Christi Air Show. 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. Due to the need for immediate action and the fact the no commercial entities and very few recreational fisherman utilize this section of Oso Bay, the restriction of vessel traffic and spectator craft is necessary to protect life, property and the environment; therefore, a 30-day notice is impracticable. Delaying the effective date would be contrary to the safety zone’s intended objectives of protecting participants and spectators in the Naval Air Station Corpus Christi Air Show. Basis and Purpose The Coast Guard is establishing this temporary safety zone to help ensure the E:\FR\FM\04APR1.SGM 04APR1 18396 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations safety of the maritime public during the Naval Air Station Corpus Christi Air Show taking place on Naval Air Station Corpus Christi in Corpus Christi, Texas. The safety zone is necessary because of the numerous potential hazards associated with air show events. Discussion of Rule The temporary safety zone created by this rule encompasses all waters within the points, Ocean Drive Bridge over Oso Bay, (27N 42′36.2″, ¥97W 18′31.4″) running south to the point (27N 41′50.4″, ¥97W 18′52.4″), running southeast to the Turtle Cove Park (27N 41′3.3″, ¥97W 17′55.6″) and running north along the shoreline of the Naval Air Station back to the Ocean Drive bridge across Oso Bay. The zone resembles a triangle running from the Ocean Drive Bridge over Oso Bay south to the point in the middle of the Bay, then east towards Turtle Cove Park and then running along the shoreline of the Naval Air Station back to the bridge across Oso Bay. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. sroberts on DSK69SOYB1PROD with RULES Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the affected waterway during the time of VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 enforcement. The safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: It is minimal in size, shallow in water-depth, short in duration, there are no known commercial fishermen that utilize this affected area and infrequent recreational fishermen utilize this area. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 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 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. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are E:\FR\FM\04APR1.SGM 04APR1 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g.), of the Instruction. This rule involves establishing a temporary safety zone on Oso Bay in Corpus Christi, Texas. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T08–0140 to read as follows: ■ sroberts on DSK69SOYB1PROD with RULES § 165.T08–0139 Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay, Corpus Christi, TX. (a) Regulated Area. The following regulated area is a safety zone. All waters within the points, Ocean Drive Bridge over Oso Bay, (27N 42′36.2″, ¥97 W 18′31.4″) running south to the point (27N 41′50.4″ ¥97 W 18′52.4″), running southeast to the Turtle Cove VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 Park (27N 41′3.3″, ¥97 W 17′55.6″) and running north along the shoreline of the Naval Air Station back to the Ocean Drive bridge across Oso Bay. The zone resembles a triangle running from the Ocean Drive Bridge over Oso Bay south to the point in the middle of the Bay, then east towards Turtle Cove Park and then running along the shoreline of the Naval Air Station back to the bridge across Oso Bay. (b) Enforcement Period. The rule will be enforced from approximately 8 a.m. until approximately 7 p.m., daily, from Friday, April 8, 2011 until Sunday, April 10, 2011, unless canceled sooner by the Captain of the Port. (c) Definitions. The term ‘‘designated representative’’ means any commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Corpus Christi or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Corpus Christi via telephone at 361–939–6393, or a designated representative via VHF radio on channel 16, to seek permission. If permission to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Corpus Christi or a designated representative, all persons and vessels receiving such permission must comply with the instructions of the Captain of the Port Corpus Christi or a designated representative. (3) The Coast Guard will provide notice of the regulated area via local notice to mariners, marine safety information bulletins, broadcast notice to mariners, and by on-scene designated representatives. (e) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: March 2, 2011. K. Moore, Captain, U.S. Coast Guard, Alternate Captain of the Port Corpus Christi. [FR Doc. 2011–7874 Filed 4–1–11; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 18397 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0939] RIN 1625–AA00 Safety Zones; M/V Davy Crockett, Columbia and Willamette Rivers Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The U.S. Coast Guard is extending the stationary and moving emergency safety zones established on the waters of the Columbia and Willamette Rivers surrounding the M/V DAVY CROCKETT. The Coast Guard is also reducing the size of the stationary emergency safety zone surrounding the M/V DAVY CROCKETT at approximately river mile 117 on the Columbia River. The safety zones are necessary to help ensure the safety of the response workers and maritime public from the hazards associated with deleterious state of and ongoing response operations involving the M/V DAVY CROCKETT. All persons and vessels are prohibited from entering or remaining in the safety zones unless authorized by the Captain of the Port, Columbia River or his designated representative. SUMMARY: This rule is effective from April 4, 2011 through April 17, 2011. This rule is effective with actual notice for purposes of enforcement on March 11, 2011. This rule will remain in effect through April 17, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0939 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0939 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503–240–9319, e-mail Jaime.A.Sayers@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, DATES: E:\FR\FM\04APR1.SGM 04APR1

Agencies

[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7874]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0139]
RIN 1625-AA00


Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay, 
Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Oso Bay in Corpus Christi, Texas in support of the 
2011 Naval Air Station Corpus Christi Air Show. This temporary safety 
zone is necessary to provide for the safety of other vessels and users 
of the waterway. Persons and vessels would be prohibited from entering 
into, transiting through, or anchoring within this temporary safety 
zone unless authorized by the Captain of the Port or his designated 
representative.

DATES: This rule is effective from 8 a.m. Friday, April 8, 2011 until 7 
p.m. Sunday, April 10, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0139 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0139 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Wes Geyer, Sector Corpus Christi 
Waterways Management Division, Coast Guard; telephone 361-888-3162, e-
mail Wes.M.Geyer@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 immediate action is necessary to 
ensure the safety of participants and spectators in the Naval Air 
Station Corpus Christi Air Show.
    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. Due to the need for immediate 
action and the fact the no commercial entities and very few 
recreational fisherman utilize this section of Oso Bay, the restriction 
of vessel traffic and spectator craft is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting participants and 
spectators in the Naval Air Station Corpus Christi Air Show.

Basis and Purpose

    The Coast Guard is establishing this temporary safety zone to help 
ensure the

[[Page 18396]]

safety of the maritime public during the Naval Air Station Corpus 
Christi Air Show taking place on Naval Air Station Corpus Christi in 
Corpus Christi, Texas. The safety zone is necessary because of the 
numerous potential hazards associated with air show events.

Discussion of Rule

    The temporary safety zone created by this rule encompasses all 
waters within the points, Ocean Drive Bridge over Oso Bay, (27N 
42'36.2'', -97W 18'31.4'') running south to the point (27N 41'50.4'', -
97W 18'52.4''), running southeast to the Turtle Cove Park (27N 
41'3.3'', -97W 17'55.6'') and running north along the shoreline of the 
Naval Air Station back to the Ocean Drive bridge across Oso Bay.
    The zone resembles a triangle running from the Ocean Drive Bridge 
over Oso Bay south to the point in the middle of the Bay, then east 
towards Turtle Cove Park and then running along the shoreline of the 
Naval Air Station back to the bridge across Oso Bay.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the affected waterway during the time of enforcement. The safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons: It is minimal in size, 
shallow in water-depth, short in duration, there are no known 
commercial fishermen that utilize this affected area and infrequent 
recreational fishermen utilize this area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are

[[Page 18397]]

technical standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) that are developed or adopted by 
voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g.), of the Instruction. This rule involves establishing a 
temporary safety zone on Oso Bay in Corpus Christi, Texas.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T08-0140 to read as follows:


Sec.  165.T08-0139  Safety Zone; Naval Air Station Corpus Christi Air 
Show, Oso Bay, Corpus Christi, TX.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters within the points, Ocean Drive Bridge over Oso Bay, (27N 
42'36.2'', -97 W 18'31.4'') running south to the point (27N 41'50.4'' -
97 W 18'52.4''), running southeast to the Turtle Cove Park (27N 
41'3.3'', -97 W 17'55.6'') and running north along the shoreline of the 
Naval Air Station back to the Ocean Drive bridge across Oso Bay. The 
zone resembles a triangle running from the Ocean Drive Bridge over Oso 
Bay south to the point in the middle of the Bay, then east towards 
Turtle Cove Park and then running along the shoreline of the Naval Air 
Station back to the bridge across Oso Bay.
    (b) Enforcement Period. The rule will be enforced from 
approximately 8 a.m. until approximately 7 p.m., daily, from Friday, 
April 8, 2011 until Sunday, April 10, 2011, unless canceled sooner by 
the Captain of the Port.
    (c) Definitions. The term ``designated representative'' means any 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law 
enforcement vessels who have been authorized to act on the behalf of 
the Captain of the Port.
    (d) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Corpus 
Christi or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Corpus Christi via telephone at 361-939-6393, or a designated 
representative via VHF radio on channel 16, to seek permission. If 
permission to enter, transit through, anchor in, or remain within the 
regulated area is granted by the Captain of the Port Corpus Christi or 
a designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Corpus Christi or a designated representative. (3) The Coast Guard will 
provide notice of the regulated area via local notice to mariners, 
marine safety information bulletins, broadcast notice to mariners, and 
by on-scene designated representatives.
    (e) The Coast Guard may be assisted by other Federal, State, or 
local agencies.

    Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain of the Port Corpus 
Christi.
[FR Doc. 2011-7874 Filed 4-1-11; 8:45 am]
BILLING CODE 9110-04-P