Safety Zone; Texas International Boat Show Power Boat Races; Corpus Christi Marina, Corpus Christi, TX, 18391-18393 [2011-7876]
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
(3) Safety Zone #3. All waters
encompassed within a 900 yard radius
of position 32°45′46″ N, 79°53′13″ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated areas unless
authorized by the Captain of the Port
Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within any of the regulated areas
may contact the Captain of the Port
Charleston via telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to seek
authorization. If authorization to enter,
transit through, anchor in, or remain
within any of the regulated areas is
granted by the Captain of the Port
Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area via
broadcast notice to mariners, marine
safety information bulletins, and by onscene designated representatives.
(d) Effective Date and Enforcement
Periods. This rule is effective from April
14, 2011 through April 17, 2011. The
regulated areas will be enforced daily
from 9 a.m. until 5 p.m. on April 14,
2011 through April 17, 2011.
Dated: March 18, 2011.
Michael F. White Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2011–7872 Filed 4–1–11; 8:45 am]
sroberts on DSK69SOYB1PROD with RULES
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0140]
RIN 1625–AA00
Safety Zone; Texas International Boat
Show Power Boat Races; Corpus
Christi Marina, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Corpus Christi, Texas for North
American Tri-Hull Championship
scheduled to take place during the
Texas International Boat Show. The
North American Tri-Hull Championship
will consist of a series of power boat
races for approximately 8–12 vessels
that are 18-feet long. The temporary
safety zone is necessary for the safety of
race participants, spectators and the
general public.
DATES: The rule is effective from 7 a.m.
April 8, 2011 until 8 p.m. April 10,
2011.
SUMMARY:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0140 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0140 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:
ADDRESSES:
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
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18391
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 the
dates of the event were changed to an
earlier date to eliminate the conflict
with a sailing regatta that would have
presented a safety issue for participants
in both events.
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 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 from the
known dangers associated with power
boat races.
Basis and Purpose
This safety zone is necessary to
ensure the safety of the public and
boating traffic in the Corpus Christi
Marina area during this event. This
safety zone is intended to restrict vessel
traffic from a portion of the Corpus
Christi Marina for short durations of
time. The size of the zone was
determined by natural barriers on all
four sides of the race course and local
knowledge about wind, waves, and
currents in this particular area.
Discussion of Rule
This safety zone will encompass all
waters of the Corpus Christi Marina
contained between the People’s Street
T-Head on the west, the breakwater on
the east, the southern boundary running
from the southernmost tip of the
People’s Street T-Head (approx 27N
47′43.4″, ¥97W 23′16″) along a line
running due east to the breakwater
(approx 27N 47′43.8″, ¥97W 23′5.2″),
and the northern boundary line running
from the northern most tip of the
secondary breakwater (approx 27N
47′57″, ¥97W 23′21.7″) and the end of
the primary breakwater (approx 27N
47′59.1″, ¥97 23′9.5″).
Potential users of the waters
contained in the temporary safety zone
will be notified by VHF–FM radio from
the Patrol Commander and also from a
designated representative of the Captain
of the Port over the race committee’s
loud hailer speaker system when the
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
safety zone will be implemented for the
15 minutes before each race or race heat.
The same methods of notification will
be used to make notifications of the
subsequent re-opening of the waters
contained in the safety zone
approximately 15 minutes following the
conclusion of each race or race heat
when the power boats have departed the
race course.
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. It is not significant under the
regulatory policies and procedures of
the Department of Homeland Security.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This determination is based upon the
size and location of the safety zone
within the waterway. Vessels will only
be restricted from the safety zone for a
short period of time for each race heat.
Vessels may transit through the safety
zone with permission from the Captain
of the Port Corpus Christi or his
designated on-scene patrol commander
between each race heat.
sroberts on DSK69SOYB1PROD with RULES
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 or anchor in
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18:24 Apr 01, 2011
Jkt 223001
the Corpus Christi Marina within the
safety zone.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be in effect for 45–60 minutes at a
time. Vessel traffic may enter or transit
through the safety zone with the
permission of the Captain of the Port
Corpus Christi or his designated onscene representative. Before the
effective period, we will issue maritime
advisories and ensure they are widely
available to users of the Corpus Christi
marina.
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.
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.
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.
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).
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
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
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
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
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Fmt 4700
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The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
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.
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 in the Marina of 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:
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■
Authority: 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:
■
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
§ 165.T08–0140 Safety Zone; Texas
International Boat Show Power Boat Races,
Corpus Christi Marina, Corpus Christi, TX.
(a) Regulated area. The following
regulated area is a safety zone. All
waters of the Corpus Christi Marina
contained between the People’s Street
T-Head on the west, the primary
breakwater on the east, the southern
boundary running from the
southernmost tip of the People’s Street
T-Head (approx 27N 47′43.4″, ¥97W
23′16″) along a line running due east to
the breakwater (approx 27N 47′43.8″,
¥97W 23′5.2″), and the northern
boundary line running from the
northern most tip of the secondary
breakwater (approx 27N 47′57″, ¥97W
23′21.7″) and the end of the primary
breakwater (approx 27N 47′59.1″, ¥97
23′9.5″).
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, State, and local
officers designated by or assisting the
Captain of the Port Corpus Christi in the
enforcement of the regulated area.
(c) 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.
(d) Enforcement period. The rule is
effective from April 8, 2011 until April
10, 2011. The rule will be enforced daily
between 7 a.m. and 8 p.m. for the period
of 15 minutes before each race or race
heat starts to a period of 15 minutes
following the conclusion of each race or
race heat. Potential users of the waters
contained in the safety zone will be
notified by VHF–FM radio from the
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18393
Patrol Commander and also from a
designated representative of the Captain
of the Port over the race committee’s
loud hailer speaker system when the
safety zone will be implemented for the
15 minutes before each race or race heat.
The same methods of notification will
be used to make notifications of the
subsequent re-opening of the waters
contained in the safety zone
approximately 15 minutes following the
conclusion of each race or race heat
when the power boats have departed the
race course.
(e) Penalties. Vessels or persons
violating this rule would be subject to
the penalties set forth in 33 U.S.C. 1232
and 50 U.S.C. 192.
Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Corpus Christi.
[FR Doc. 2011–7876 Filed 4–1–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0997]
RIN 1625–AA00
Safety Zones: Fireworks Displays in
the Captain of the Port Columbia River
Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
the enforcement period for the safety
zone established for the Oregon
Symphony Concert Fireworks Display
in Portland, Oregon. The amendment is
necessary because in recent years the
actual date of the event has differed
from that listed in the enforcement
period of the regulation.
DATES: This rule is effective May 4,
2011.
SUMMARY:
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0997 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0997 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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.,
ADDRESSES:
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18391-18393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7876]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0140]
RIN 1625-AA00
Safety Zone; Texas International Boat Show Power Boat Races;
Corpus Christi Marina, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Corpus Christi, Texas for North American Tri-Hull Championship
scheduled to take place during the Texas International Boat Show. The
North American Tri-Hull Championship will consist of a series of power
boat races for approximately 8-12 vessels that are 18-feet long. The
temporary safety zone is necessary for the safety of race participants,
spectators and the general public.
DATES: The rule is effective from 7 a.m. April 8, 2011 until 8 p.m.
April 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0140 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0140 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 the dates of the event were changed
to an earlier date to eliminate the conflict with a sailing regatta
that would have presented a safety issue for participants in both
events.
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 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 from the known dangers associated with
power boat races.
Basis and Purpose
This safety zone is necessary to ensure the safety of the public
and boating traffic in the Corpus Christi Marina area during this
event. This safety zone is intended to restrict vessel traffic from a
portion of the Corpus Christi Marina for short durations of time. The
size of the zone was determined by natural barriers on all four sides
of the race course and local knowledge about wind, waves, and currents
in this particular area.
Discussion of Rule
This safety zone will encompass all waters of the Corpus Christi
Marina contained between the People's Street T-Head on the west, the
breakwater on the east, the southern boundary running from the
southernmost tip of the People's Street T-Head (approx 27N 47'43.4'', -
97W 23'16'') along a line running due east to the breakwater (approx
27N 47'43.8'', -97W 23'5.2''), and the northern boundary line running
from the northern most tip of the secondary breakwater (approx 27N
47'57'', -97W 23'21.7'') and the end of the primary breakwater (approx
27N 47'59.1'', -97 23'9.5'').
Potential users of the waters contained in the temporary safety
zone will be notified by VHF-FM radio from the Patrol Commander and
also from a designated representative of the Captain of the Port over
the race committee's loud hailer speaker system when the
[[Page 18392]]
safety zone will be implemented for the 15 minutes before each race or
race heat. The same methods of notification will be used to make
notifications of the subsequent re-opening of the waters contained in
the safety zone approximately 15 minutes following the conclusion of
each race or race heat when the power boats have departed the race
course.
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. It is not significant under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Vessels will only be restricted from
the safety zone for a short period of time for each race heat. Vessels
may transit through the safety zone with permission from the Captain of
the Port Corpus Christi or his designated on-scene patrol commander
between each race heat.
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
or anchor in the Corpus Christi Marina within the safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for 45-60 minutes at a time. Vessel traffic
may enter or transit through the safety zone with the permission of the
Captain of the Port Corpus Christi or his designated on-scene
representative. Before the effective period, we will issue maritime
advisories and ensure they are widely available to users of the Corpus
Christi marina.
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
[[Page 18393]]
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.
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 in the Marina of 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: 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.T08-0140 Safety Zone; Texas International Boat Show Power
Boat Races, Corpus Christi Marina, Corpus Christi, TX.
(a) Regulated area. The following regulated area is a safety zone.
All waters of the Corpus Christi Marina contained between the People's
Street T-Head on the west, the primary breakwater on the east, the
southern boundary running from the southernmost tip of the People's
Street T-Head (approx 27N 47'43.4'', -97W 23'16'') along a line running
due east to the breakwater (approx 27N 47'43.8'', -97W 23'5.2''), and
the northern boundary line running from the northern most tip of the
secondary breakwater (approx 27N 47'57'', -97W 23'21.7'') and the end
of the primary breakwater (approx 27N 47'59.1'', -97 23'9.5'').
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, State, and local officers designated by or assisting the
Captain of the Port Corpus Christi in the enforcement of the regulated
area.
(c) 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.
(d) Enforcement period. The rule is effective from April 8, 2011
until April 10, 2011. The rule will be enforced daily between 7 a.m.
and 8 p.m. for the period of 15 minutes before each race or race heat
starts to a period of 15 minutes following the conclusion of each race
or race heat. Potential users of the waters contained in the safety
zone will be notified by VHF-FM radio from the Patrol Commander and
also from a designated representative of the Captain of the Port over
the race committee's loud hailer speaker system when the safety zone
will be implemented for the 15 minutes before each race or race heat.
The same methods of notification will be used to make notifications of
the subsequent re-opening of the waters contained in the safety zone
approximately 15 minutes following the conclusion of each race or race
heat when the power boats have departed the race course.
(e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain of the Port Corpus
Christi.
[FR Doc. 2011-7876 Filed 4-1-11; 8:45 am]
BILLING CODE 9110-04-P