Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX, 22119-22121 [2021-08738]

Download as PDF Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Rules and Regulations The Paperwork Reduction Act of 1995 Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulation. This rule contains no new collection of information requirements. List of Subjects in 22 CFR Part 181 Treaties. For the reasons set forth above, 22 CFR part 181 is amended as follows: 1. The authority section for part 181 continues to read as follows: 2. In § 181.8, revise paragraph (a)(9) to read as follows: ■ Publication. (a) * * * (9) Agreements that have been given a national security classification pursuant to Executive Order No. 13526, its predecessors or successors, or are otherwise exempt from public disclosure pursuant to U.S. law. * * * * * Zachary A. Parker, Director, Office of Directives Management, U.S. Department of State. [FR Doc. 2021–08718 Filed 4–26–21; 8:45 am] BILLING CODE 4710–08–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0220] Special Local Regulations; Crystal Pier Outrigger Race, San Diego, CA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the special local regulation for the Crystal Pier Outrigger Race on May 8, 2021. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway. Our regulation for marine events within the Eleventh Coast Guard District identifies the regulated area for jbell on DSKJLSW7X2PROD with RULES VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 The regulations in 33 CFR 100.1101 will be enforced for the Crystal Pier Outrigger Race regulated area listed in item 14 in Table 1 to § 100.1101 from 7 a.m. to 5 p.m. on May 8, 2021. DEPARTMENT OF HOMELAND SECURITY DATES: The Coast Guard will enforce the special local regulations in 33 CFR 100.1101 Table 1, Item 14 of that section for the Crystal Pier Outrigger Race in Mission Bay, CA from 7 a.m. to 5 p.m. on May 8, 2021. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Eleventh Coast Guard District, § 100.1101, specifies the location of the regulated area for the Crystal Pier Outrigger Race which encompasses the waters of Mission Bay to include the Main Entrance Channel, Sail Bay, Fiesta Bay, South Shore Channel, and waters adjacent to Crown Point Beach Park. Under the provisions of § 100.1101, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, and local advertising by the event sponsor. If the Captain of the Port Sector San Diego or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area. SUPPLEMENTARY INFORMATION: Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a. SUMMARY: Dated: April 21, 2021. T.J. Barelli, Captain, U.S. Coast Guard, Captain of the Port San Diego. If you have questions about this notice of enforcement, call or email Lieutenant John Santorum, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278– 7656, email MarineEventsSD@uscg.mil. ■ § 181.8 this event in San Diego, CA. During the enforcement period, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area unless authorized by the Captain of the Port, or his designated representative. FOR FURTHER INFORMATION CONTACT: PART 181—COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL AGREEMENTS 22119 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 [FR Doc. 2021–08677 Filed 4–26–21; 8:45 am] BILLING CODE 9110–04–P Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0033] RIN 1625–AA00 Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of Corpus Christi Bay and the Corpus Christi Ship Channel. This action is necessary to provide for the safety of life on these navigable waters near the Corpus Christi Bayfront, during an airshow. This rulemaking will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Corpus Christi or a designated representative. DATES: This rule is effective daily from 11:30 a.m. through 4:30 p.m. each day from April 29, 2021, through May 2, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0033 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 LCDR Margaret Brown, Waterways Management Division, Sector Corpus Christi, U.S. Coast Guard, email Margaret.A.Brown@uscg.mil; telephone 361–244–4784. 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 On November 20, 2020, Schultz Airshows notified the Coast Guard that E:\FR\FM\27APR1.SGM 27APR1 22120 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Rules and Regulations the Buccaneer Commission will host the Wings Over South Texas Airshow daily, 11:30 a.m. through 4:30 p.m. from April 29, 2021, through May 2, 2021. The Airshow’s aerobatic box will take place over Corpus Christi Bay within a rectangular zone defined by the following coordinates; 27°49′2.78″ N, 097°23′16.1″ W; 27°47′3.69″ N, 097°23′14.62″ W; 27°49′2.73″ N, 097°22′42.97″ W; 27°47′5.46″ N, 097°22′41.02″ W; and back to 27°49′2.78″ N, 097°23′16.1″ W. In response, on February 3, 2021, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone: Corpus Christi Ship Channel, Corpus Christi, TX in 86 FR 8157. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this safety zone. During the comment period that ended April 5, 2021, we received one comment. The comment was unrelated to the proposed rulemaking or event. 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 needed to respond to the potential safety hazards associated with the Wings Over South Texas Airshow. III. Legal Authority and Need for Rule jbell on DSKJLSW7X2PROD with RULES The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards associated with the Wings Over South Airshow would be a safety concern for anyone within the defined area daily, 11:30 a.m. to 4:30 p.m. from April 29, 2021 through May 2, 2021. The Airshow’s aerobatic box will take place over Corpus Christi Bay within a rectangular zone defined by the following coordinates; 27°49′2.78″ N, 097°23′16.1″ W; 27°47′3.69″ N, 097°23′14.62″ W; 27°49′2.73″ N, 097°22′42.97″ W; 27°47′5.46″ N, 097°22′41.02″ W; and back to 27°49′2.78″ N, 097°23′16.1″ W. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment on our NPRM published February 3, 2021 which was out of the scope of the proposed rulemaking or event. There are no changes in the VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone daily from 11:30 a.m. through 4:30 p.m. from April 29, 2021 through May 2, 2021. The safety zone will cover all navigable waters within a rectangular zone defined by the following coordinates; 27°49′2.78″ N, 097°23′16.1″ W; 27°47′3.69″ N, 097°23′14.62″ W; 27°49′2.73″ N, 097°22′42.97″ W; 27°47′5.46″ N, 097°22′41.02″ W; and back to 27°49′2.78″ N, 097°23′16.1″ W. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 11:30 a.m. to 4:30 p.m. airshow. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. They may be contacted on Channel 16 VHF–FM (156.8 MHz) 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 of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts 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. 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). This regulatory action determination is based on the size, location, and short duration of five hours each day for four days. 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 received no comments from the Small Business Administration on this rulemaking. 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 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 (Public Law 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 call or email 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 E:\FR\FM\27APR1.SGM 27APR1 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Rules and Regulations 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. List of Subjects in 33 CFR Part 165 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. ■ jbell on DSKJLSW7X2PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental 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 safety zone lasting five hours for four days that will prohibit entry into a 2 nautical miles by .5 nautical mile box that crosses the Corpus Christi Ship Channel. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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. VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 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 165 as follows: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R04–RCRA–2021–0229; FRL–10021– 97–Region 4] Georgia: Final Authorization of State Hazardous Waste Management Program Revisions PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS AGENCY: 1. The authority citation for part 165 continues to read as follows: SUMMARY: 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.T08–0033 to read as follows: ■ § 165.T08–0033 Safety Zone; Corpus Christi Bay, Corpus Christi, TX. (a) Location. The following area is a temporary safety zone: All navigable waters of the Corpus Christi Bay within the following defined coordinates: 27°49′2.78″ N, 097°23′16.1″ W; 27°47′3.69″ N, 097°23′14.62″ W; 27°49′2.73″ N, 097°22′42.97″ W; 27°47′5.46″ N, 097°22′41.02″ W; and back to 27°49′2.78″ N, 097°23′16.1″ W. (b) Effective period. This section is effective daily from 11:30 a.m. through 4:30 p.m. from April 29, 2021 through May 2, 2021. (c) Regulations. (1) According to the general regulations in § 165.23 of this part, entry into this temporary safety zone is prohibited unless authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative. They may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 361–939–0450. (2) 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 of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate. Dated: April 22, 2021. E.J. Gaynor, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2021–08738 Filed 4–26–21; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 22121 Environmental Protection Agency. ACTION: Direct final rule. The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Georgia’s changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes were outlined in an application to the EPA and correspond to certain Federal rules promulgated between July 1, 2004, and June 30, 2020. We have determined that these changes satisfy all requirements needed for final authorization. DATES: This rule is effective on June 28, 2021 without further notice, unless the EPA receives adverse comment by May 27, 2021. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– RCRA–2021–0229, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www.epa.gov/dockets/ commenting-epa-dockets. The EPA encourages electronic submittals, but if you are unable to E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22119-22121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08738]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0033]
RIN 1625-AA00


Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of Corpus Christi Bay and the Corpus Christi Ship 
Channel. This action is necessary to provide for the safety of life on 
these navigable waters near the Corpus Christi Bayfront, during an 
airshow. This rulemaking will prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Sector 
Corpus Christi or a designated representative.

DATES: This rule is effective daily from 11:30 a.m. through 4:30 p.m. 
each day from April 29, 2021, through May 2, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0033 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 LCDR Margaret Brown, Waterways Management Division, 
Sector Corpus Christi, U.S. Coast Guard, email 
[email protected]; telephone 361-244-4784.

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

    On November 20, 2020, Schultz Airshows notified the Coast Guard 
that

[[Page 22120]]

the Buccaneer Commission will host the Wings Over South Texas Airshow 
daily, 11:30 a.m. through 4:30 p.m. from April 29, 2021, through May 2, 
2021. The Airshow's aerobatic box will take place over Corpus Christi 
Bay within a rectangular zone defined by the following coordinates; 
27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' N, 
097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W. In response, on February 3, 2021, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone: Corpus Christi Ship Channel, Corpus Christi, TX in 86 FR 8157. 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this safety zone. During the 
comment period that ended April 5, 2021, we received one comment. The 
comment was unrelated to the proposed rulemaking or event.
    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 needed to respond to the potential safety hazards associated 
with the Wings Over South Texas Airshow.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Corpus Christi (COTP) has determined that potential hazards associated 
with the Wings Over South Airshow would be a safety concern for anyone 
within the defined area daily, 11:30 a.m. to 4:30 p.m. from April 29, 
2021 through May 2, 2021. The Airshow's aerobatic box will take place 
over Corpus Christi Bay within a rectangular zone defined by the 
following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and 
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The purpose of this 
rule is to ensure safety of vessels and the navigable waters in the 
safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
February 3, 2021 which was out of the scope of the proposed rulemaking 
or event. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone daily from 11:30 a.m. through 
4:30 p.m. from April 29, 2021 through May 2, 2021. The safety zone will 
cover all navigable waters within a rectangular zone defined by the 
following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and 
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 11:30 a.m. to 4:30 p.m. 
airshow. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz) 
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 of the enforcement times and date for this safety 
zone through Broadcast Notices to Mariners, Local Notices to Mariners, 
and/or Safety Marine Information Broadcasts 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. 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).
    This regulatory action determination is based on the size, 
location, and short duration of five hours each day for four days.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
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 (Public Law 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 
call or email 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

[[Page 22121]]

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.

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, Rev. 1, associated implementing instructions, and 
Environmental 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 
safety zone lasting five hours for four days that will prohibit entry 
into a 2 nautical miles by .5 nautical mile box that crosses the Corpus 
Christi Ship Channel. It is categorically excluded from further review 
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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.


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2. Add Sec.  165.T08-0033 to read as follows:


Sec.  165.T08-0033   Safety Zone; Corpus Christi Bay, Corpus Christi, 
TX.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of the Corpus Christi Bay within the following defined 
coordinates: 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' 
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W.
    (b) Effective period. This section is effective daily from 11:30 
a.m. through 4:30 p.m. from April 29, 2021 through May 2, 2021.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into this temporary safety zone is 
prohibited unless authorized by the Captain of the Port Sector Corpus 
Christi (COTP) or a designated representative. They may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
    (2) 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 of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: April 22, 2021.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-08738 Filed 4-26-21; 8:45 am]
BILLING CODE 9110-04-P