Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX, 30340-30343 [2018-13898]
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
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 would 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.
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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
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. 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 (42
U.S.C. 4321–4370f), and have made a
determination 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
special local regulation issued in
conjunction with a regatta or marine
parade. It is categorically excluded from
further review under paragraph L61 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
thence back to the original position,
27°18′44″ N, 82°36′14″ 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
COTP St. Petersburg in the enforcement
of the regulated areas.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area unless an
authorized by the COTP St. Petersburg
or a designated representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization is granted, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP St. Petersburg
or a designated representative.
(4) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
(d) Enforcement period. This rule will
be enforced daily from 8 a.m. to 6 p.m.
on June 29, 2018 through July 1, 2018.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2018–13912 Filed 6–27–18; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1233; 33
CFR 1.05–1.
2. Add § 100.35T07–0316 to read as
follows:
■
§ 100.35T07–0316 Special Local
Regulations; Sarasota Powerboat Grand
Prix, Gulf of Mexico; Lido Beach, FL.
(a) Location. The following regulated
area is established as a special local
regulation. All coordinates are North
American Datum 1983.
(1) Enforcement area. All waters of
the Gulf of Mexico contained within the
following points: 27°18′44″ N, 82°36′14″
W, thence to position 27°19′09″ N,
82°35′13″ W, thence to position
27°17′42″ N, 82°34′00″ W, thence to
position 27°16′43″ N, 82°34′49″ W,
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0340]
RIN 1625–AA08
Special Local Regulation; Corpus
Christi Bay, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for certain navigable waters
of Corpus Christi Bay. This action is
necessary to protect marine event
SUMMARY:
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participants, spectators and transiting
vessels on these navigable waters during
the Youth World’s Championship
regatta held at the Corpus Christi Yacht
Club. Entry of vessels or persons into
this zone is prohibited unless
authorized by the Captain of the Port
Sector Corpus Christi or designated
representative.
This rule is effective from 7 a.m.
on July 14, 2018 through 3 p.m. on July
21, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0340 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
DATES:
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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(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 July 14,
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 special local regulation until after
the scheduled date of the regatta and
compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to ensure the safety of persons
and vessels during the regatta.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
vessel traffic occurring on July 14, 2018
through July 21, 2018 will be a safety
concern for participants within the
boating course. Potential hazards
include risk of injury or death resulting
from near or actual contact among
participant vessels and spectator vessels
or waterway users if normal vessel
traffic were to interfere with the event.
The purpose of this rule is to ensure
safety of participants, spectators, and
transiting vessels in the regulated area
before, during, and after the Youth
World’s Championship regatta.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 6:15 a.m.
through 3 p.m. each day from July 14,
2018 through July 21, 2018 in Corpus
Christi Bay, approximately 3,000 feet
east of People’s Street T-Head in Corpus
Christi, TX. The regatta will be inside a
rectangular area with the most
northwestern point located at 27°47′31″
N, 97°22′33.05″ W, most northeastern
point located at 27°47′29.46″ N,
97°19′44.26″ W, most southeastern point
located at 27°46′12.06″ N, 97°19′44.78″
W, and the most southwestern located at
27°46′09.55″ N, 97°22′28.78″ W. The
duration of the special local regulation
is intended to protect the public from
potential navigation hazards before,
during, and after the event. No vessel or
person is permitted to enter the
regulated area without obtaining
permission from the COTP or a
designated representative. A designated
representative may be a Patrol
Commander (PATCOM). The PATCOM
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The
PATCOM may be contacted on Channel
16 VHF–FM (156.8 MHz) by the call
sign ‘‘PATCOM’’.
All persons and vessels not registered
with the sponsor as participants or
official patrol vessels are considered
spectators. The ‘‘official patrol vessels’’
consist of any Coast Guard, state, or
local law enforcement and sponsor
provided vessels assigned or approved
by the COTP to patrol the regulated
area.
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Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may do so only with
permission from the COTP or a
designated representative, and when
permitted, must operate at a minimum
safe navigation speed in a manner
which will not endanger participants in
the regulated area or any other vessels.
No spectator vessel shall anchor, block,
loiter, or impede the through transit of
participants or official patrol vessels in
the regulated area during the effective
dates and times, unless cleared for entry
by or through an official patrol vessel.
Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative can
terminate enforcement of the special
local regulations at the conclusion of the
event.
The COTP or a designated
representative would inform the public
of the enforcement times 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
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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 size, location, duration, and
time-of-day for the special local
regulation. Vessel traffic will be able to
safely navigate around the regulated
area, which will impact only a small
portion of the Laguna Madre for 3 hours
and 15 minutes on one day. Moreover,
the Coast Guard will issue Broadcast
Notices to Mariners (BNMs) via VHF–
FM marine channel 16 about the
regulation so that waterway users may
plan accordingly for transits during this
restriction, and the rule allows vessels
to seek permission from the COTP or a
designated representative to enter the
regulated area.
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 regulated area may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
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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. 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 would 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 would 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.
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
would 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
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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
made a preliminary determination 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 is a special local
regulation that limits daily access to
certain navigable waters of Corpus
Christi Bay over eight days. Normally
such actions are categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR
1.05–1.
2. Add § 100.35T08–0340 to read as
follows:
■
§ 100.35T08–0340 Special Local
Regulation; Corpus Christi Bay, Corpus
Christi, TX.
(a) Location. The following area is a
special local regulation: All navigable
waters inside approximate rectangular
area from with the most northwestern
point located at 27°47′31″ N,
97°22′33.05″ W, the most northeastern
point being located at 27°47′29.46″ N,
97°19′44.26″ W, the most southeastern
point located at 27°46′12.06″ N,
97°19′44.78″ W, and the most
southwestern located at 27°46′09.55″ N,
97°22′28.78″ W, in Corpus Christi Bay,
approximately 3,000 feet east of
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People’s Street T-Head in Corpus
Christi, TX.
(b) Effective period. This section is
effective from 6:15 a.m. on July 14, 2018
through 3 p.m. on July 21, 2018.
(c) Enforcement period. This section
will be enforced from 6:15 a.m. through
3 p.m. during each day of the effective
period.
(d) Regulations. (1) In accordance
with the general regulations in § 100.35
of this part, 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 may be a Patrol
Commander (PATCOM). The PATCOM
may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Spectator vessels may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
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(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(d) 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 21, 2018.
E.J. Gaynor
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2018–13898 Filed 6–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2017–1125]
RIN 1625–AA01
Anchorage Grounds; Saint Lawrence
Seaway, Cape Vincent, New York
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing, at the request of the Saint
Lawrence Seaway Development
Corporation, two separate anchorage
grounds, Carleton Island Anchorage and
Tibbetts Point Anchorage, near Cape
Vincent, New York. The Federal
Anchorage Ground designations will
enable a pilot to disembark a safely
anchored vessel which will help reduce
pilot fatigue, increase pilot availability,
and reduce costs incurred by vessels
transiting the Seaway.
DATES: This rule is effective July 30,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
1125 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 Lieutenant Jason Radcliffe, Ninth
District, Waterways Operations, U.S.
Coast Guard; telephone 216–902–6060,
email jason.a.radcliffe2@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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30343
I. Table of Abbreviations
AIS Automatic identification system
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is establishing two
anchorage grounds, one in the vicinity
of Carleton Island, New York, and the
second near Tibbetts Point, New York.
Each area has historically been used as
an anchorage and the Saint Lawrence
Seaway Development Corporation, at
the request of its waterway users, has
requested each area to be officially
designated as Federal Anchorage
Grounds.
Without this designation, pilots who
anchor a ship in the respective areas are
unable to disembark during sustained
delay periods which hinder compliance
with rest requirements and complicate
pilot availability and logistics for other
vessels. On February 2, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Saint
Lawrence Seaway Anchorages (83 FR
4882). The NPRM discussed the need
for the rule and invited the public to
comment on the proposed regulatory
action related to this Anchorage
Grounds establishment. During the
comment period that ended May 3,
2018, we received two comments. One
comment was not relevant to the
proposed rule and the other comment
expressed support of the proposal.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 471, 1221
through 1236, 2071; 33 CFR 1.05–1;
Department of Homeland Security
Delegation No. 0170.1.
The Coast Guard recognizes the need
to establish two anchorage grounds, one
in the vicinity of Carleton Island, New
York and the second near Tibbetts
Point, New York. Each area has
historically been used as an anchorage
and the Saint Lawrence Seaway
Development Corporation, at the request
of its waterway users, has requested
each area to be officially designated as
Federal Anchorage Grounds.Without
this designation, pilots who anchor a
ship in the respective areas are unable
to disembark during sustained delay
periods which hinder compliance with
rest requirements and complicate pilot
availability and logistics for other
vessels.
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]]>Agencies
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30340-30343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13898]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0340]
RIN 1625-AA08
Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain navigable waters of Corpus Christi Bay. This
action is necessary to protect marine event
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participants, spectators and transiting vessels on these navigable
waters during the Youth World's Championship regatta held at the Corpus
Christi Yacht Club. Entry of vessels or persons into this zone is
prohibited unless authorized by the Captain of the Port Sector Corpus
Christi or designated representative.
DATES: This rule is effective from 7 a.m. on July 14, 2018 through 3
p.m. on July 21, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0340 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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(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 July 14, 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 special local regulation until
after the scheduled date of the regatta 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 contrary to the public interest because immediate
action is necessary to ensure the safety of persons and vessels during
the regatta.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the vessel traffic
occurring on July 14, 2018 through July 21, 2018 will be a safety
concern for participants within the boating course. Potential hazards
include risk of injury or death resulting from near or actual contact
among participant vessels and spectator vessels or waterway users if
normal vessel traffic were to interfere with the event. The purpose of
this rule is to ensure safety of participants, spectators, and
transiting vessels in the regulated area before, during, and after the
Youth World's Championship regatta.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from
6:15 a.m. through 3 p.m. each day from July 14, 2018 through July 21,
2018 in Corpus Christi Bay, approximately 3,000 feet east of People's
Street T-Head in Corpus Christi, TX. The regatta will be inside a
rectangular area with the most northwestern point located at
27[deg]47'31'' N, 97[deg]22'33.05'' W, most northeastern point located
at 27[deg]47'29.46'' N, 97[deg]19'44.26'' W, most southeastern point
located at 27[deg]46'12.06'' N, 97[deg]19'44.78'' W, and the most
southwestern located at 27[deg]46'09.55'' N, 97[deg]22'28.78'' W. The
duration of the special local regulation is intended to protect the
public from potential navigation hazards before, during, and after the
event. No vessel or person is permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may do so only with permission from the COTP or
a designated representative, and when permitted, must operate at a
minimum safe navigation speed in a manner which will not endanger
participants in the regulated area or any other vessels. No spectator
vessel shall anchor, block, loiter, or impede the through transit of
participants or official patrol vessels in the regulated area during
the effective dates and times, unless cleared for entry by or through
an official patrol vessel. Any spectator vessel may anchor outside the
regulated area, but may not anchor in, block, or loiter in a navigable
channel.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
can terminate enforcement of the special local regulations at the
conclusion of the event.
The COTP or a designated representative would inform the public of
the enforcement times 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
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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 size, location,
duration, and time-of-day for the special local regulation. Vessel
traffic will be able to safely navigate around the regulated area,
which will impact only a small portion of the Laguna Madre for 3 hours
and 15 minutes on one day. Moreover, the Coast Guard will issue
Broadcast Notices to Mariners (BNMs) via VHF-FM marine channel 16 about
the regulation so that waterway users may plan accordingly for transits
during this restriction, and the rule allows vessels to seek permission
from the COTP or a designated representative to enter the regulated
area.
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 regulated area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. 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 would 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 would 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.
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 would 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 made a preliminary determination
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 is a special local regulation that limits daily
access to certain navigable waters of Corpus Christi Bay over eight
days. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0340 to read as follows:
Sec. 100.35T08-0340 Special Local Regulation; Corpus Christi Bay,
Corpus Christi, TX.
(a) Location. The following area is a special local regulation: All
navigable waters inside approximate rectangular area from with the most
northwestern point located at 27[deg]47'31'' N, 97[deg]22'33.05'' W,
the most northeastern point being located at 27[deg]47'29.46'' N,
97[deg]19'44.26'' W, the most southeastern point located at
27[deg]46'12.06'' N, 97[deg]19'44.78'' W, and the most southwestern
located at 27[deg]46'09.55'' N, 97[deg]22'28.78'' W, in Corpus Christi
Bay, approximately 3,000 feet east of
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People's Street T-Head in Corpus Christi, TX.
(b) Effective period. This section is effective from 6:15 a.m. on
July 14, 2018 through 3 p.m. on July 21, 2018.
(c) Enforcement period. This section will be enforced from 6:15
a.m. through 3 p.m. during each day of the effective period.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, 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 may be a Patrol
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Spectator vessels may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) 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 21, 2018.
E.J. Gaynor
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2018-13898 Filed 6-27-18; 8:45 am]
BILLING CODE 9110-04-P
