Safety Zone; Corpus Christi Bay, Corpus Christi, TX, 31197-31199 [2019-14014]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
to provisions of 5 U.S.C. 552a from
which this rule exempts the system.
■ 4. Add new § 1701.22 to read as
follows:
khammond on DSKBBV9HB2PROD with RULES
§ 1701.22 ODNI systems of records
subject to exemption.
(a) ODNI systems of records subject to
exemption:
(1) Manuscript, Presentation, and
Resume Review Records (ODNI–01), 5
U.S.C. 552a(k)(1).
(2) Executive Secretary Action
Management System Records (ODNI–
02), 5 U.S.C. 552a(k)(1).
(3) Public Affairs Office Records
(ODNI–03), 5 U.S.C. 552a(k)(1).
(4) Office of Legislative Affairs
Records (ODNI–04), 5 U.S.C. 552a(k)(1).
(5) ODNI Guest Speaker Records
(ODNI–05), 5 U.S.C. 552a(k)(1).
(6) Office of General Counsel Records
(ODNI–06), 5 U.S.C. 552a(k)(1), (2), and
(5).
(7) Intelligence Community Customer
Registry (ODNI–09), 5 U.S.C. 552a(k)(1).
(8) Office of Intelligence Community
Equal Employment Opportunity and
Diversity Records (ODNI–10), 5 U.S.C.
552a(k)(1), (2), and (5).
(9) Office of Protocol Records (ODNI–
11), 5 U.S.C. 552a(k)(1).
(10) Intelligence Community Security
Clearance and Access Approval
Repository (ODNI–12), 5 U.S.C.
552a(k)(1), (2), and (5).
(11) Security Clearance Reform
Research and Oversight Records (ODNI–
13), 5 U.S.C. 552a(k)(1), (2), and (5).
(12) Civil Liberties and Privacy Office
Complaint Records (ODNI–14), 5 U.S.C.
552a(k)(1), (2), and (5).
(13) Mission Outreach and
Collaboration Records (ODNI–15), 5
U.S.C. 552a(k)(1).
(14) ODNI Human Resource Records
(ODNI–16), 5 U.S.C. 552a(k)(1).
(15) ODNI Personnel Security Records
(ODNI–17), 5 U.S.C. 552a(k)(1), (2), and
(5).
(16) ODNI Freedom of Information
Act, Privacy Act, and Mandatory
Declassification Review Request
Records (ODNI–18), 5 U.S.C. 552a(k)(1),
(2), and (5).
(17) ODNI Information Technology
Systems Activity and Access Records
(ODNI–19), 5 U.S.C. 552a(k)(1), (2), and
(5).
(18) ODNI Security Clearance
Reciprocity Hotline Records (ODNI–20),
5 U.S.C. 552a(k)(1) and (5).
(19) ODNI Information Technology
Network Support, Administration and
Analysis Records (ODNI–21), 5 U.S.C.
552a(k)(1).
(20) Insider Threat Program Records
(ODNI–22), 5 U.S.C. 552a(k)(1), (2), and
(5).
VerDate Sep<11>2014
15:54 Jun 28, 2019
Jkt 247001
(b) ODNI/National
Counterintelligence and Security Center
(NCSC) systems of records:
(1) Damage Assessment Records
(ODNI/NCIX–001), 5 U.S.C. 552a(k)(1)
and (2).
(2) Counterintelligence Trends
Analyses Records (ODNI/NCSC–002), 5
U.S.C. 552a(k)(1) and (2).
(3) Continuous Evaluation Records
(ODNI/NCSC–003), 5 U.S.C. 552a(k)(1),
(2), and (5).
(c) ODNI/National Counterterrorism
Center (NCTC) systems of records:
(1) NCTC Access Authorization
Records (ODNI/NCTC–002), 5 U.S.C.
552a(k)(1).
(2) NCTC Telephone Directory (ODNI/
NCTC–003), 5 U.S.C. 552a(k)(1).
(3) NCTC Knowledge Repository
(ODNI/NCTC–004), 5 U.S.C. 552a(k)(1)
and (2).
(4) NCTC Current (ODNI/NCTC–005),
5 U.S.C. 552a(k)(1) and (2).
(5) NCTC Partnership Management
Records (ODNI/NCTC–006), 5 U.S.C.
552a(k)(1).
(6) NCTC Tacit Knowledge
Management Records (ODNI/NCTC–
007), 5 U.S.C. 552a(k)(1).
(7) NCTC Terrorism Analysis Records
(ODNI/NCTC–008), 5 U.S.C. 552a(k)(1)
and (2).
(8) Terrorist Identities Records (ODNI/
NCTC–009), 5 U.S.C. 552a(k)(1) and (2).
(d) ODNI/Office of the Intelligence
Community Inspector General (ICIG)
systems of records:
(1) OIG Human Resources Records
(ODNI/OIG–001), 5 U.S.C. 552a(k)(1)
and (5).
(2) OIG Experts Contact Records
(ODNI/OIG–002), 5 U.S.C. 552a(k)(1)
and (5).
(3) OIG Investigation and Interview
Records (ODNI/OIG–003), 5 U.S.C.
552a(j)(2); (k)(1), (2), and (5).
Dated: June 12, 2019.
Deirdre M. Walsh,
Chief Operating Officer, Office of the Director
of National Intelligence.
[FR Doc. 2019–12987 Filed 6–28–19; 8:45 am]
BILLING CODE 3910–A79–P–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0526]
RIN 1625–AA00
Safety Zone; Corpus Christi Bay,
Corpus Christi, TX
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00027
Fmt 4700
Sfmt 4700
ACTION:
31197
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Corpus
Christi Bay, Corpus Christi, TX. This
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
associated with firework displays. 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 9 p.m.
until 10 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0526 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 Commander Margaret
Brown, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Margaret.A.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 is
impracticable. We must establish this
safety zone by July 4, 2019 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
E:\FR\FM\01JYR1.SGM
01JYR1
31198
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
this rule would be contrary to the public
interest because immediate action is
needed to provide for the safety of life
on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
fireworks display occurring on July 4,
2019 will be a safety concern for anyone
within a 1,000-foot radius of the
fireworks display. This rule is necessary
to protect personnel, vessels, and the
marine environment before, during, and
after the scheduled firework displays.
khammond on DSKBBV9HB2PROD with RULES
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. until 10 p.m. on July 4,
2019. The safety zone will cover all
navigable waters within 1,000 feet of the
fireworks barge located in the
approximate position 027°48′05.51″ N,
097°23′13.89″ W in Corpus Christi, TX.
The duration of the zone is intended to
protect personnel, vessels, and the
marine environment before, during, and
after the scheduled firework displays.
No vessel or person will be permitted to
enter the safety zones without obtaining
permission from the COTP or a
designated representative.
Entry into the safety 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 desiring to enter or pass through
the zones must request permission from
the COTP or a designated representative
on VHF–FM channel 16 or by telephone
at 361–939–0450. If permission is
granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs)
of the enforcement times and dates for
the safety zones.
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
VerDate Sep<11>2014
15:54 Jun 28, 2019
Jkt 247001
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, duration, and
location of the safety zone. This rule
will impact a small designated area of
the Corpus Christi Bay for 1 hour during
a time that vessel traffic is normally
low. Moreover, the Coast Guard will
issue BNMs via VHF–FM marine
channel 16 about the zones and the rule
allows vessels to seek permission to
enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 Environmental
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary fixed safety zone around
display barge located in Corpus Christi
Bay at position 27°48′05.51″ N,
097°23′13.89″ W. It is categorically
excluded from further review under
paragraph L60(A), in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1.
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T08–0526 to read as
follows:
31199
DEPARTMENT OF HOMELAND
SECURITY
■
§ 165.T08–0526 Safety Zone; Corpus
Christi Bay, Corpus Christi, TX.
(a) Location. The following area is a
temporary safety zone: All navigable
waters of Corpus Christi Bay
encompassing a 1000-foot radius around
a fireworks display barge in the
approximate position of 027°48′05.51″
N, 097°23′13.89″ W, in Corpus Christi,
TX.
(b) Effective period. This section is
effective from 9 p.m. until 10 p.m. on
July 4, 2019.
(c) Regulations. (1) The general
regulations in § 165.33 apply. Entry into
these zones is prohibited unless
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Corpus Christi.
(2) Persons or vessels desiring to enter
or pass through the zones must request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 361–939–
0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners (BNMs) of the
enforcement times and date for these
safety zones.
Dated: June 20, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2019–14014 Filed 6–28–19; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0546]
Safety Zones; Recurring Safety Zones
in Captain of the Port Sault Sainte
Marie Zone for Events Beginning in
July 2019
AGENCY:
Coast Guard, DHS.
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
established safety zones for maritime
events starting in July, 2019 to provide
for the safety of life on navigable
waterways. Our regulation for safety
zones within the Captain of the Port
Sault Sainte Marie Zone identifies the
regulated area for these safety zones.
During the enforcement periods, vessels
must stay out of the established safety
zone and may only enter with
permission from the designated
representative of the Captain of the Port
Sault Sainte Marie.
SUMMARY:
The regulations in 33 CFR
165.918 will be enforced for the safety
zones identified in Table 1 of the
SUPPLEMENTARY INFORMATION section
below for the dates and times specified.
DATES:
If
you have questions about this
publication, call or email LT Sean
Murphy, Waterways Management, Coast
Guard Sector Sault Sainte Marie, U.S.
Coast Guard; telephone 906–635–3223,
email Sean.V.Murphy@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zones in
33 CFR 165.918 as per the time, dates,
and locations in Table 1.
SUPPLEMENTARY INFORMATION:
TABLE 1
khammond on DSKBBV9HB2PROD with RULES
[Datum NAD 1983]
Event
Location
Event Date
(1) Festivals of Fireworks Celebration Fireworks; St. Ignace, MI.
All U.S. navigable waters of East Moran Bay within an approximate
350-foot radius from the fireworks launch site at the end of the
Starline Mill Slip, centered in position: 45°52′24.62″ N,
084°43′18.13″ W.
(2) Canada Day Celebration Fireworks; Sault Sainte Marie, MI.
All U.S. navigable waters of the St. Marys River within an approximate 600-foot radius from the fireworks launch site, centered approximately 160 yards north of the U.S. Army Corps of Engineers
Soo Locks North East Pier, at position 46°30′20.40″ N,
084°20′17.64″ W.
July 4 and Saturday nights June
29 to August 31, 2019; 30 minutes before sunset and 30 minutes after the end of the fireworks display.
July 1, 2019 from 10 p.m. to 11
p.m.
VerDate Sep<11>2014
15:54 Jun 28, 2019
Jkt 247001
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31197-31199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14014]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0526]
RIN 1625-AA00
Safety Zone; Corpus Christi Bay, Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Corpus Christi Bay, Corpus Christi, TX.
This safety zone is necessary to protect personnel, vessels, and the
marine environment from potential hazards associated with firework
displays. 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 9 p.m. until 10 p.m. on July 4,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0526 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 Commander Margaret Brown, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 is impracticable. We must
establish this safety zone by July 4, 2019 and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
[[Page 31198]]
this rule would be contrary to the public interest because immediate
action is needed to provide for the safety of life on these navigable
waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks display
occurring on July 4, 2019 will be a safety concern for anyone within a
1,000-foot radius of the fireworks display. This rule is necessary to
protect personnel, vessels, and the marine environment before, during,
and after the scheduled firework displays.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. until 10 p.m. on
July 4, 2019. The safety zone will cover all navigable waters within
1,000 feet of the fireworks barge located in the approximate position
027[deg]48'05.51'' N, 097[deg]23'13.89'' W in Corpus Christi, TX. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment before, during, and after the scheduled firework
displays. No vessel or person will be permitted to enter the safety
zones without obtaining permission from the COTP or a designated
representative.
Entry into the safety 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 desiring to enter or pass through the zones
must request permission from the COTP or a designated representative on
VHF-FM channel 16 or by telephone at 361-939-0450. If permission is
granted, all persons and vessels shall comply with the instructions of
the COTP or designated representative. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs) of the enforcement times and dates for the safety
zones.
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,
duration, and location of the safety zone. This rule will impact a
small designated area of the Corpus Christi Bay for 1 hour during a
time that vessel traffic is normally low. Moreover, the Coast Guard
will issue BNMs via VHF-FM marine channel 16 about the zones and the
rule allows vessels to seek permission to enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental
[[Page 31199]]
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969(42 U.S.C.
4321-4370f), and have determined that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a temporary fixed
safety zone around display barge located in Corpus Christi Bay at
position 27[deg]48'05.51'' N, 097[deg]23'13.89'' W. It is categorically
excluded from further review under paragraph L60(A), in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
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.
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: 46 U.S.C. 70034, 70051; 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.T08-0526 to read as follows:
Sec. 165.T08-0526 Safety Zone; Corpus Christi Bay, Corpus Christi,
TX.
(a) Location. The following area is a temporary safety zone: All
navigable waters of Corpus Christi Bay encompassing a 1000-foot radius
around a fireworks display barge in the approximate position of
027[deg]48'05.51'' N, 097[deg]23'13.89'' W, in Corpus Christi, TX.
(b) Effective period. This section is effective from 9 p.m. until
10 p.m. on July 4, 2019.
(c) Regulations. (1) The general regulations in Sec. 165.33 apply.
Entry into these zones is prohibited unless authorized by the Captain
of the Port Sector Corpus Christi (COTP) or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector Corpus Christi.
(2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP or a designated representative on
VHF-FM channel 16 or by telephone at 361-939-0450.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs) of
the enforcement times and date for these safety zones.
Dated: June 20, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-14014 Filed 6-28-19; 8:45 am]
BILLING CODE 9110-04-P
