Safety Zone; Corpus Christi Bay; Corpus Christi, TX, 48023-48025 [2021-18581]
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
area for this event in Augusta, GA.
During the enforcement periods, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander.
DATES: The regulations in 33 CFR
100.701, Table 1 to § 100.701, Section
(d), Item 3, will be enforced from 6:30
a.m. until 11:30 a.m., on September 26,
2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email MST1 Stephanie Daley, Marine
Safety Unit Savannah Office of
Waterways Management, U.S. Coast
Guard; telephone 912–652–4353,
extension 257, or email
Stephanie.L.Daley@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a special local
regulation in 33 CFR 100.701, Table 1 to
§ 100.701, Section (d), Item 3, for the
Ironman Triathlon, from 6:30 a.m. to
11:30 a.m., on September 26, 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
Seventh Coast Guard District, 33 CFR
100.701, specifies the location of the
regulated area for the Ironman Triathlon
which encompasses portions of the
Savannah River and its branches.
During the enforcement periods, as
reflected in 33 CFR 100.701(c), if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2021–18511 Filed 8–26–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0569]
lotter on DSK11XQN23PROD with RULES1
RIN 1625–AA00
Safety Zone; Corpus Christi Bay;
Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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15:58 Aug 26, 2021
Jkt 253001
all navigable waters within a 500-foot
radius of a fireworks display launched
from a barge in position 27°48′37.02″ N,
097°23′27.60″ W in Corpus Christi,
Texas. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the fireworks
display. Entry of vessels or persons into
this temporary zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Corpus Christi or a
designated representative.
DATES: This rule is effective from 9:30
p.m. through 10:30 p.m. on August 28,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0569 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 Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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)(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 immediately 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
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48023
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with a
fireworks display on August 28, 2021.
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 a
fireworks display on August 28, 2021
will be a safety concern for anyone in
the navigable waters of Corpus Christi
Bay within a 500-foot radius of a
fireworks display launched from a barge
in Corpus Christi, Texas. The purpose of
this rule is to ensure safety of vessels
and persons on these navigable waters
in the safety zone during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9:30 p.m. through
10:30 p.m. on August 28, 2021. The
fireworks will be launched in position
27°48′37.02″ N, 097°23′27.60″ W. No
vessel or person is permitted to enter
the temporary safety zone during the
effective period without obtaining
permission from the COTP or a
designated representative, who may be
contacted on Channel 16 VHF–FM
(156.8 MHz) or by telephone at 361–
939–0450. The Coast Guard will issue
Local Notices to Mariners, Safety
Marine Information Broadcasts, or
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
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
duration of the safety zone. This safety
zone covers a 500-foot radius for a
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
fireworks display launched from a barge
in position 27°48′37.02″ N,
097°23′27.60″ W in Corpus Christi,
Texas. The temporary safety zone will
be enforced for a short period of only 1
hour on August 28, 2021. The rule does
not completely restrict the traffic within
a waterway and allows mariners to
request permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
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).
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15:58 Aug 26, 2021
Jkt 253001
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
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
establishment of a temporary safety
zone for navigable waters of Corpus
Christi Bay within a 500-foot radius of
a fireworks display launched from a
barge in position 27°48′37.02″ N,
097°23′27.60″ W in Corpus Christi,
Texas. The safety zone is needed to
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protect personnel, vessels, and the
marine environment from potential
hazards created by a fireworks display.
It is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0569 to read as
follows:
■
§ 165.T08–0569 Safety Zone; Corpus
Christi Bay; Corpus Christi, TX.
(a) Location. The following area is a
safety zone: All navigable waters of
Corpus Christi Bay within a 500-foot
radius of a firework display launched
from a barge in position 27°48°37.02″ N,
097°23′27.60″ W in Corpus Christi,
Texas.
(b) Effective period. This rule is
effective from 9:30 p.m. through 10:30
p.m. on August 28, 2021.
(c) Regulations. (1) According to the
general regulations in § 165.23, entry
into this temporary safety zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
(2) Persons or vessels seeking to enter
the safety zone must request permission
from the COTP on VHF–FM channel 16
(156.8 MHz) 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.
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
(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, or Safety
Marine Information Broadcasts, as
appropriate.
Dated: August 24, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2021–18581 Filed 8–26–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0623]
RIN 1625–AA00
Safety Zone; M/V ZHEN HUA 24, Crane
Delivery Operation, Chesapeake Bay
and Coastal Virginia
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone around M/V ZHEN HUA 24 during
its transit through certain waters of the
Chesapeake Bay and Coastal Virginia.
This action is necessary to provide for
the safety of life on these navigable
waters during the movement of the M/
V ZHEN HUA 24 while it is transporting
four new Super-Post Panamax container
cranes to the Port of Baltimore,
anticipated to begin transit of the
Chesapeake Bay on August 31, 2021.
The Captain of the Port Virginia has
determined that limited
maneuverability and unique cargo of
this vessel are potential hazardous to
any person or vessel within the safety
zone. This rulemaking prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port Virginia or a designated
representative.
DATES: This rule is effective August 30,
2021 through September 29, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Ashley
Holm, Sector Virginia Waterways
Management division, U.S. Coast Guard;
telephone 757–668–5581, email
VirginiaWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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15:58 Aug 26, 2021
Jkt 253001
48025
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
CBBT Chesapeake Bay Bridge-Tunnel
COTP Captain of the Port
purpose of this rule is to ensure safety
of vessels and protect the environment
and critical national infrastructure such
as the Chesapeake Bay bridge-tunnel
(CBBT) during the vessel’s transit to
Baltimore.
II. Background Information and
Regulatory History
On June 28, 2021, Ports America
Chesapeake, LLC notified the Coast
Guard that the M/V ZHEN HUA 24 will
be transporting four new Super-Post
Panamax container cranes from
Shanghai, China, to the Port of
Baltimore. These cranes will be
delivered to, and installed at, the Seagirt
Marine Terminal at Baltimore, MD. In
response, on August 12, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone:
M/V ZHEN HUA 24, Crane Delivery
Operation, Chesapeake Bay and Coastal
Virginia, 86 FR 44328. There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action. During the comment period that
ended August 23, 2021, we received no
comments. When the NPRM was
published, the M/V ZHEN HUA 24 was
estimated to arrive between September
4, 2021, and September 29, 2021. This
arrival date has been moved up due to
changes in shipping schedules and is
now scheduled to begin its inbound
transit on August 31, 2021, but this date
is still subject to change.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the transit of the M/V
ZHEN HUA 24 to Baltimore, MD, which
is expected to occur prior to the 30 day
time period. Actual notice of
enforcement of this rule will be
provided via Broadcast Notice to
Mariners and VHF–FM radio
transmissions.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 12, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a temporary
moving safety zone with a radius of 500
yards centered around the M/V ZHEN
HUA 24 during the inbound transit
through the territorial sea and the
Chesapeake Bay to Baltimore, MD. The
safety zone will be enforced when the
M/V ZHEN HUA 24 enters the U.S.
Territorial Sea, as defined in 33 CFR
2.22(a)(1), and enforcement will end
when the vessel crosses the VirginiaMaryland State Line in the Chesapeake
Bay. The M/V ZHEN HUA 24 is
expected to begin its inbound transit
through the Chesapeake Bay on August
31, 2021, but this is subject to change.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters for the duration of the
vessel’s transit estimated to last 15
hours. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The
COTP Virginia has determined that
potential hazards associated with the
crane delivery operation would be a
safety concern for any vessel required to
transit the navigation channels in the
Chesapeake Bay and Coastal Virginia
that would meet, pass, or overtake the
M/V ZHEN HUA 24. These hazards can
be mitigated with a 500 yards radius
safety zone around the vessel. The
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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 This regulatory action
determination is based on the size and
duration of the safety zone, which
would impact only vessel traffic
required to transit certain navigation
channels of the Chesapeake Bay and the
Coastal Virginia for an expected total no
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]]>Agencies
[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Rules and Regulations]
[Pages 48023-48025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18581]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0569]
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
all navigable waters within a 500-foot radius of a fireworks display
launched from a barge in position 27[deg]48'37.02'' N,
097[deg]23'27.60'' W in Corpus Christi, Texas. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the fireworks display. Entry of vessels or
persons into this temporary zone is prohibited unless specifically
authorized by the Captain of the Port Sector Corpus Christi or a
designated representative.
DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
August 28, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0569 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 Anthony Garofalo, 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)(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 immediately 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
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with a fireworks display on August 28, 2021.
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 a fireworks display
on August 28, 2021 will be a safety concern for anyone in the navigable
waters of Corpus Christi Bay within a 500-foot radius of a fireworks
display launched from a barge in Corpus Christi, Texas. The purpose of
this rule is to ensure safety of vessels and persons on these navigable
waters in the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m.
through 10:30 p.m. on August 28, 2021. The fireworks will be launched
in position 27[deg]48'37.02'' N, 097[deg]23'27.60'' W. No vessel or
person is permitted to enter the temporary safety zone during the
effective period without obtaining permission from the COTP or a
designated representative, who may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at 361-939-0450. The Coast Guard will issue
Local Notices to Mariners, Safety Marine Information Broadcasts, or
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, 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 duration of the safety zone. This safety zone covers a
500-foot radius for a
[[Page 48024]]
fireworks display launched from a barge in position 27[deg]48'37.02''
N, 097[deg]23'27.60'' W in Corpus Christi, Texas. The temporary safety
zone will be enforced for a short period of only 1 hour on August 28,
2021. The rule does not completely restrict the traffic within a
waterway and allows mariners to request permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section 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 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 establishment of a temporary safety
zone for navigable waters of Corpus Christi Bay within a 500-foot
radius of a fireworks display launched from a barge in position
27[deg]48'37.02'' N, 097[deg]23'27.60'' W in Corpus Christi, Texas. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0569 to read as follows:
Sec. 165.T08-0569 Safety Zone; Corpus Christi Bay; Corpus Christi,
TX.
(a) Location. The following area is a safety zone: All navigable
waters of Corpus Christi Bay within a 500-foot radius of a firework
display launched from a barge in position 27[deg]48[deg]37.02'' N,
097[deg]23'27.60'' W in Corpus Christi, Texas.
(b) Effective period. This rule is effective from 9:30 p.m. through
10:30 p.m. on August 28, 2021.
(c) Regulations. (1) According to the general regulations in Sec.
165.23, entry into this temporary safety zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a
designated representative.
(2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP on VHF-FM channel 16 (156.8 MHz) 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.
[[Page 48025]]
(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, or Safety Marine Information Broadcasts, as appropriate.
Dated: August 24, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2021-18581 Filed 8-26-21; 8:45 am]
BILLING CODE 9110-04-P
