Safety Zone; Lavaca Bay, Point Comfort, TX, 29003-29005 [2018-13428]
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
the Eighth Coast Guard District
identifies the regulated area for this
event in Wellsburg, WV. During the
enforcement periods, entry into this
zone is prohibited unless authorized by
the Captain of the Port Marine Safety
Unit Pittsburgh or a designated
representative.
The regulations in 33 CFR
165.801, Table 1, Line 68, will be
enforced from 9:30 p.m. through 11 p.m.
on July 4, 2018.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0123]
RIN 1625–AA00
DATES:
If
you have questions about this notice of
enforcement, call or email Petty Officer
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce a safety zone for the
Wellsburg 4th of July Committee/
Wellsburg 4th of July Freedom
Celebration in 33 CFR 165.801, Table 1,
Line 68, from 9:30 p.m. through 11 p.m.
on July 4, 2018. This action is being
taken to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio River during this event. Our
regulation for marine events within the
Eighth Coast Guard District, § 165.801,
specifies the location of the safety zone
for the Wellsburg 4th of July Committee/
Wellsburg 4th of July Freedom
Celebration, which covers a one-mile
stretch of the Ohio River. Entry into the
safety zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. Persons or
vessels desiring to enter into or pass
through the area must request
permission from the COTP or a
designated representative. They can be
reached on VHF FM channel 16. If
permission is granted, all persons and
vessel shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notice to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of enforcement.
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SUPPLEMENTARY INFORMATION:
Dated: June 15, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–13395 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
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Safety Zone; Lavaca Bay, Point
Comfort, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Lavaca Bay,
Point Comfort, TX. This action is
necessary to provide for the safety of life
on these navigable waters near Point
Comfort Bayfront Park during a
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless authorized by the Captain of the
Port Sector Corpus Christi or a
designated representative.
DATES: This rule is effective from 7:30
p.m. through 9:30 p.m. on June 30,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0123 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Kevin Kyles,
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5125,
email Kevin.L.Kyles@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
II. Background, Purpose, and Legal
Basis
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
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Fmt 4700
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29003
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(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
would be impracticable. This safety
zone must be established by June 30,
2018 and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing this rule. The NPRM
process would delay the establishment
of the safety zone until after the
scheduled date of the fireworks and
compromise public safety.
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 impracticable and
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
fireworks display occurring on June 30,
2018 will be a safety concern for anyone
within a 500-foot radius of the fireworks
display. This rule is necessary to ensure
the safety of life before, during, and after
the scheduled firework displays.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 7:30 p.m. through 9:30
p.m. on June 30, 2018. The safety zone
will cover all navigable waters within
500 feet of the fireworks launch location
at Point Comfort Bayfront Park in the
approximate position 28°40′52.93″ N,
096°33′47.723″ W, Point Comfort, TX.
The duration of the zone is intended to
protect the public from the fireworks
display before, during, and after the
scheduled fireworks display. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment before, during, and
after the scheduled firework displays.
Entry of vessels or persons into this
zone is prohibited unless authorized by
the 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. Persons or vessels
seeking to enter the safety zone must
request permission from the COTP or a
designated representative on VHF–FM
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
channel 16 or by telephone at 361–939–
0450. All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative. The
COTP or a designated representative
will inform the public of the
enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
daltland on DSKBBV9HB2PROD with RULES
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
Lavaca Bay for about two hours on one
evening when vessel traffic is normally
low. Moreover, the Coast Guard will
issue BNMs (via VHF–FM marine
channel 16), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), about the
zone. In addition, the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
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16:09 Jun 21, 2018
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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 safety zone may be small
entities, for the reasons stated in section
IV.A above, this rule would 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
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,
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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 Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting two hours that would
prohibit entry within 500 feet of the
fireworks launch location. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. USCG–2018–0426]
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0123 to read as
follows:
■
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(a) Location. The following area is a
safety zone: All navigable waters of
Lavaca Bay encompassing a 500 feet of
the fireworks launch location at Point
Comfort Bayfront Park in the
approximate position 28°40′52.93″ N,
096°33′47.723″ W, Point Comfort, TX.
(b) Effective period. This section is
effective from 7:30 p.m. through 9:30
p.m. on June 30, 2018.
(c) Enforcement period. This section
will be enforced from 7:30 p.m. through
9:30 p.m. on June 30, 2018.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone 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 seeking to enter
the safety zone must request permission
from the COTP or a designated
representative on VHF–FM channel 16
or by telephone at 361–939–0450.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
[FR Doc. 2018–13428 Filed 6–21–18; 8:45 am]
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Recurring Safety Zone; EQT 4th of July
Celebration, Pittsburgh, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the EQT 4th of July
Celebration to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio, Allegheny, and Monongahela
Rivers during this event. Our regulation
for marine events within the Eighth
Coast Guard District identifies the
regulated area for this event in
Pittsburgh, PA. During the enforcement
periods, entry into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
SUMMARY:
§ 165.T08–0123 Safety Zone; Lavaca Bay,
Point Comfort, TX.
Dated: June 15, 2018.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
33 CFR Part 165
The regulations in 33 CFR
165.801, Table 1, Line 47, will be
enforced from 9 p.m. through 11 p.m. on
July 4, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
Charles Morris, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email Charles.F.Morris@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
EQT 4th of July Celebration in 33 CFR
165.801, Table 1, Line 47, from 9 p.m.
through 11 p.m. on July 4, 2018. This
action is being taken to provide for the
safety of persons, vessels, and the
marine environment on navigable
waters of the Ohio, Allegheny, and
Monongahela Rivers during this event.
Our regulation for marine events within
the Eighth Coast Guard District,
§ 165.801, specifies the location of the
safety zone for the EQT 4th of July
Celebration, which covers a less than
one-mile stretch of the Ohio, Allegheny,
and Monongahela Rivers. Entry into the
safety zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. Persons or
vessels desiring to enter the safety zone
must request permission from the COTP
or a designated representative. They can
be reached on VHF FM channel 16. If
permission is granted, all persons and
DATES:
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29005
vessels shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of enforcement.
Dated: June 15, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–13393 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0507]
RIN 1625–AA00
Safety Zone: San Francisco Giants
Fireworks Display, San Francisco Bay,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone in the navigable waters of the San
Francisco Bay near AT&T Park in
support of the San Francisco Giants
Fireworks Display on June 22, 2018.
This safety zone is established to ensure
the safety of participants and spectators
from the dangers associated with
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective from 11:00
a.m. to 10:45 p.m. on June 22, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0507. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Emily
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29003-29005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13428]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0123]
RIN 1625-AA00
Safety Zone; Lavaca Bay, Point Comfort, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Lavaca Bay, Point Comfort, TX. This action
is necessary to provide for the safety of life on these navigable
waters near Point Comfort Bayfront Park during a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi or a
designated representative.
DATES: This rule is effective from 7:30 p.m. through 9:30 p.m. on June
30, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0123 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Kevin Kyles, Waterways Management Division,
U.S. Coast Guard; telephone 361-939-5125, email [email protected].
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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
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)(3)(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 would be impracticable.
This safety zone must be established by June 30, 2018 and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the
scheduled date of the fireworks and compromise public safety.
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 impracticable and contrary to the public interest
because immediate action is necessary to respond to the potential
safety hazards associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks display
occurring on June 30, 2018 will be a safety concern for anyone within a
500-foot radius of the fireworks display. This rule is necessary to
ensure the safety of life before, during, and after the scheduled
firework displays.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 7:30 p.m.
through 9:30 p.m. on June 30, 2018. The safety zone will cover all
navigable waters within 500 feet of the fireworks launch location at
Point Comfort Bayfront Park in the approximate position
28[deg]40'52.93'' N, 096[deg]33'47.723'' W, Point Comfort, TX. The
duration of the zone is intended to protect the public from the
fireworks display before, during, and after the scheduled fireworks
display. The duration of the zone is intended to protect personnel,
vessels, and the marine environment before, during, and after the
scheduled firework displays.
Entry of vessels or persons into this zone is prohibited unless
authorized by the 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. Persons or vessels seeking to enter the safety
zone must request permission from the COTP or a designated
representative on VHF-FM
[[Page 29004]]
channel 16 or by telephone at 361-939-0450. All persons and vessels
permitted to enter this safety zone must transit at the slowest safe
speed and comply with all lawful directions issued by the COTP or the
designated representative. The COTP or a designated representative will
inform the public of the enforcement times and date for this safety
zone through Broadcast Notices to Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of Lavaca Bay for about two hours on one
evening when vessel traffic is normally low. Moreover, the Coast Guard
will issue BNMs (via VHF-FM marine channel 16), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
about the zone. In addition, the rule allows vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this rule would 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 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 Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting two hours that would prohibit entry within 500
feet of the fireworks launch location. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 29005]]
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0123 to read as follows:
Sec. 165.T08-0123 Safety Zone; Lavaca Bay, Point Comfort, TX.
(a) Location. The following area is a safety zone: All navigable
waters of Lavaca Bay encompassing a 500 feet of the fireworks launch
location at Point Comfort Bayfront Park in the approximate position
28[deg]40'52.93'' N, 096[deg]33'47.723'' W, Point Comfort, TX.
(b) Effective period. This section is effective from 7:30 p.m.
through 9:30 p.m. on June 30, 2018.
(c) Enforcement period. This section will be enforced from 7:30
p.m. through 9:30 p.m. on June 30, 2018.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone 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 seeking to enter the safety zone must
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at 361-939-0450.
(3) All persons and vessels permitted to enter this safety zone
must transit at the slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
as appropriate.
Dated: June 15, 2018.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2018-13428 Filed 6-21-18; 8:45 am]
BILLING CODE 9110-04-P