Safety Zone; Corpus Christi Bay, Corpus Christi, TX, 31197-31199 [2019-14014]

Download as PDF 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]


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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