Safety Zone; Gulf of Mexico, South Padre Island, TX, 53674-53676 [2022-18922]

Download as PDF 53674 Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations fireworks in the Captain of the Port Detroit zone. Enforcement of the safety zone is necessary to protect the safety of life and property on the navigable waters immediately prior to, during, and immediately after this event. During each enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Detroit or his designated representative. Dated: August 29, 2022. Brad W. Kelly, Captain, U.S. Coast Guard, Captain of the Port Detroit. The regulations in 33 CFR 165.941, Table 1, will be enforced from 9 p.m. until 10:30 p.m. September 3, 2022. Coast Guard If you have questions on this document, call or email Karl Dirksmeyer, MSU Toledo, U.S. Coast Guard; telephone (419) 392–0324, email Karl.E.Dirksmeyer@uscg.mil. RIN 1625–AA00 The Coast Guard will enforce the safety zone listed in 33 CFR 165.941, Table 1 (44) for the End of Season Fireworks in Lakeside, OH. All waters of Lake Erie within a 200-yard radius of the fireworks launch site located on the Lakeside Association Dock at position 41°32.52′ N, 082°45.03′ W. Under the provisions of 33 CFR 165.23, entry into, transiting, or anchoring within these safety zones during the enforcement period is prohibited unless authorized by the Captain of the Port Detroit or his designated representative. Vessels that wish to transit through the safety zones may request permission from the Captain of the Port Detroit or his designated representative. Requests must be made in advance and approved by the Captain of Port Detroit before transits will be authorized. Approvals will be granted on a case-by-case basis. The Captain of the Port Detroit may be contacted via U.S. Coast Guard Sector Detroit on channel 16, VHF–FM or by calling (313) 568–9564. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is in effect. This notice of enforcement is issued under authority of 33 CFR 165.941 Table 1 and 5 U.S.C. 552(a). If the Captain of the Port Detroit determines that any of these safety zones need not be enforced for the full duration stated in this notice, he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners. SUMMARY: DATES: FOR FURTHER INFORMATION CONTACT: jspears on DSK121TN23PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:19 Aug 31, 2022 Jkt 256001 [FR Doc. 2022–18954 Filed 8–31–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2021–0745] Safety Zone; Gulf of Mexico, South Padre Island, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of Gulf of Mexico within a 1,000-foot radius of a fireworks barge launching fireworks in South Padre Island, 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 p.m. through 10 p.m. on September 1, 2022. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0745 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 by September 1, 2022 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. 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 September 1, 2022, will be a safety concern for anyone in the navigable waters of Gulf of Mexico within a 1,000-foot radius of a fireworks barge launching fireworks in South Padre Island, 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 show. IV. Discussion of the Rule This rule establishes a temporary safety zone from 9:00 p.m. through 10:00 p.m. on September 1, 2022. The fireworks barge will launch fireworks in position 26°5′11.86″ N, 097°9′17.23″ 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, and Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone. V. Regulatory Analyses We developed this rule after considering numerous statutes and E:\FR\FM\01SER1.SGM 01SER1 Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations 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. jspears on DSK121TN23PROD with RULES 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 1,000-foot radius of a fireworks barge in South Padre Island, Texas. The temporary safety zone will be enforced for a short period of only one hour on September 1, 2022. 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 VerDate Sep<11>2014 16:19 Aug 31, 2022 Jkt 256001 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. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 53675 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 Gulf of Mexico within an 1,000-foot radius of a fireworks barge launching fireworks in position 26°5′11.86″ N, 097°9′17.23″ W, in South Padre Island, 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) 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 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. 00170.1, Revision No. 01.2. 2. Add § 165.T08–0745 to read as follows: ■ § 165.T08–0745 Safety Zone; Gulf of Mexico, South Padre Island, TX (a) Location. The following area is a safety zone: all navigable waters of Gulf E:\FR\FM\01SER1.SGM 01SER1 53676 Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations of Mexico within a 1,000-foot radius of a fireworks barge launching fireworks in position 26°5′11.86″ N, 097°9′17.23″ W, in South Padre Island, Texas. (b) Enforcement period. This section will be enforced from 9 p.m. through 10 p.m. on September 1, 2022. (c) Regulations. (1) According to the general regulations in § 165.23 of this part, entry into the temporary safety zone described in paragraph (a) of this section 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. (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. J.B. Gunning, Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi. [FR Doc. 2022–18922 Filed 8–31–22; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2022–0230; FRL–9602–02– R9] Air Plans; Arizona; Revised Format for Materials Incorporated by Reference; Correcting Amendment Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: jspears on DSK121TN23PROD with RULES VerDate Sep<11>2014 16:19 Aug 31, 2022 Jkt 256001 This rule is effective on October 31, 2022 without further notice unless the EPA receives adverse comments by October 3, 2022. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. DATES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2022–0230 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. ADDRESSES: FOR FURTHER INFORMATION CONTACT: On November 23, 2016, the Environmental Protection Agency (EPA) issued a final rule titled ‘‘Approval and Promulgation of Implementation Plans; State of Arizona; Revised Format for Materials Incorporated by Reference.’’ That publication inadvertently omitted an entry for a regulation approved as part of the Maricopa County portion of the Arizona State Implementation Plan (SIP) and contained certain other errors. The EPA is taking direct final action to correct this omission and to correct the other errors. The regulations affected by SUMMARY: this correcting amendment have all been previously submitted by the State of Arizona and approved by the EPA. Kevin Gong, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972–3073 or by email at gong.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean the EPA. Information is organized as follows: Table of Contents I. Background II. What the EPA Is Doing in This Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 I. Background Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. On November 23, 2016 (81 FR 85038), the EPA revised the format for materials submitted by the State of Arizona that are approved by the EPA as part of the Arizona SIP and incorporated by reference (IBR) into the Code of Federal Regulations. In revising the format, we changed how we identify the contents of the applicable Arizona SIP from a paragraph format to a table format. The change can be seen by comparing the table format in the ‘‘identification of plan’’ section set forth at 40 CFR 52.120(c), (d) and (e) with the paragraph format in the original ‘‘identification of plan’’ section set forth at 40 CFR 52.152. In the November 23, 2016 final rule, we made the following errors that we are correcting through this action: • Inadvertent omission of an entry for Maricopa County Air Quality Department (MCAQD) Rule 34 (‘‘Organic Solvents—Volatile Organic Compounds (VOC)’’), which the EPA approved at 47 FR 19326 (May 5, 1982). Certain paragraphs of MCAQD Rule 34 have been superseded by EPA approval of more recent VOC rules for Maricopa County or have been rescinded, but paragraphs F, G, H, I, J and K of Rule 34 remain in the applicable SIP.1 We are adding the appropriate entry to the table of approved rules for Maricopa County. • Inadvertent errors in the entries for Pima County Department of Environmental Quality (PCDEQ) Rules 7A (‘‘Emission Limitation, Fuel Burning Equipment—Sulfur Dioxide’’) and 7B (‘‘Emission Limitation, Fuel Burning Equipment—Nitrogen Oxides’’), which the EPA approved at 42 FR 36998 (July 19, 1977). With respect to Rule 7A, we indicated correctly that paragraphs 2 through 5 had been disapproved, but inadvertently failed to identify paragraph 6 of Rule 7A as part of the 1 The EPA approved the rescission of paragraphs A, D.1, E.1, E.3 and L of Rule 34 as proposed at 87 FR 7784 (February 10, 2022). Paragraphs B and C were superseded by approval of MCAQD Rule 331 (Solvent Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph D.2 was superseded by approval of MCAQD Rule 333 (Petroleum Solvent Dry Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph E.2 was superseded by approval of MCAQD Rule 335 (Architectural Coatings) at 57 FR 354 (January 6, 1992). Paragraph E.4 was superseded by approval of MCAQD Rule 336 (Surface Coating Operations) at 63 FR 6487 (February 9, 1998). E:\FR\FM\01SER1.SGM 01SER1

Agencies

[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53674-53676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18922]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0745]
RIN 1625-AA00


Safety Zone; Gulf of Mexico, South Padre Island, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of Gulf of Mexico within a 1,000-foot radius of a 
fireworks barge launching fireworks in South Padre Island, 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 p.m. through 10 p.m. on September 
1, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0745 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 by September 1, 2022 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.

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 September 1, 2022, will be a safety concern for anyone in the 
navigable waters of Gulf of Mexico within a 1,000-foot radius of a 
fireworks barge launching fireworks in South Padre Island, 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 show.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:00 p.m. 
through 10:00 p.m. on September 1, 2022. The fireworks barge will 
launch fireworks in position 26[deg]5'11.86'' N, 097[deg]9'17.23'' 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, 
and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and

[[Page 53675]]

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 
1,000-foot radius of a fireworks barge in South Padre Island, Texas. 
The temporary safety zone will be enforced for a short period of only 
one hour on September 1, 2022. 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 Gulf of Mexico within an 1,000-foot radius 
of a fireworks barge launching fireworks in position 26[deg]5'11.86'' 
N, 097[deg]9'17.23'' W, in South Padre Island, 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) 
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 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0745 to read as follows:


Sec.  165.T08-0745  Safety Zone; Gulf of Mexico, South Padre Island, TX

    (a) Location. The following area is a safety zone: all navigable 
waters of Gulf

[[Page 53676]]

of Mexico within a 1,000-foot radius of a fireworks barge launching 
fireworks in position 26[deg]5'11.86'' N, 097[deg]9'17.23'' W, in South 
Padre Island, Texas.
    (b) Enforcement period. This section will be enforced from 9 p.m. 
through 10 p.m. on September 1, 2022.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into the temporary safety zone described in 
paragraph (a) of this section 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.
    (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.

J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-18922 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P
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