Safety Zone; Laguna Madre, South Padre Island, TX, 83505-83507 [2023-26334]
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Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations
1. On page 78639, in the third
column, the ACTION line is corrected to
read ‘‘ACTION: Final rule; request for
comments.’’.
2. On page 78640, in the first column,
correct the DATES caption to read: DATES:
The rule is effective November 29, 2023,
and applicable beginning November 16,
2023. Comments, if any, are requested
by December 13, 2023.
3. On page 78640, in the second
column, correct the first sentence under
the heading ‘‘Administrative Procedure
Act’’ to read ‘‘The Agency finds good
cause to publish this as a final rule
because the notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest
because this rule expands protections to
the public.’’
Daniel A. Lauretano, Sr.,
General Counsel.
[FR Doc. 2023–26305 Filed 11–29–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0910]
RIN 1625–AA00
Safety Zone; Laguna Madre, South
Padre Island, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters in the Laguna
Madre. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by a firework display
launched from a stationary barge in the
Laguna Madre, South Padre Island,
Texas. Entry of vessels or persons into
this zone or remaining in the zone when
it is in effect 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 11:59 p.m. on December 2,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0910 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:59 Nov 29, 2023
Jkt 262001
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 to protect
personnel, vessels, and the marine
environment from potential hazards
created by the fireworks display and
lack sufficient time to provide a
reasonable comment period and then to
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 address the potential safety
hazards associated with fireworks
launched from a barge in the waters of
the Laguna Madre.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
fireworks displays occurring from 9:30
p.m. through 11:59 p.m. on the night of
December 2, 2023, will be a safety
concern for anyone in the waters of the
Laguna Madre area within a 700 yard
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
83505
radius of the following point; 26°6′02.1″
N, 97°10′17.7″ W. The purpose of this
rule is to ensure safety of vessels and
persons on these navigable waters in the
safety zone while the display of the
fireworks takes place in the Laguna
Madre.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on the night of December 2,
2023. The safety zone will encompass
certain navigable waters of the Laguna
Madre, and is defined by a 700 yard
radius around the launching platform.
The regulated area encompasses a 700
yard radius of the following point:
26°6′02.1″ N, 97°10′17.7″ W. The
fireworks display will take place in
waters of the Laguna Madre. 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
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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). 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. The
temporary safety zone will be enforced
for a short period of 2.5 hours on the
night of December 2, 2023.
The zone is limited to a 700 yard
radius from the launching position of in
the navigable waters of the Laguna
Madre. The rule does not completely
restrict the traffic within a waterway
and allows mariners to request
permission to enter the zone.
E:\FR\FM\30NOR1.SGM
30NOR1
83506
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations
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
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
15:59 Nov 29, 2023
Jkt 262001
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 the Laguna
Madre in a zone defined by a 700 yard
radius from the following coordinate:
26°6′02.1″ N, 97°10′17.7″ W. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by
fireworks display in the waters of the
Laguna Madre. 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. A Record of
Environmental Consideration
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
supporting this determination is
available in the docket.
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0910 to read as
follows:
■
§ 165.T08–0910 Safety Zone; Laguna
Madre, South Padre Island, TX.
(a) Location. The following area is a
safety zone: all navigable waters of the
Laguna Madre encompassed by a 700yard radius from the following point;
26°6′02.1″ N, 97°10′17.7″ W.
(b) Enforcement period. This section
is in effect, and subject to enforcement
from 9:30 p.m. through 11:59 p.m. on
the night of December 2, 2023.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, remaining in, or entry into this
temporary safety zone are 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.
E:\FR\FM\30NOR1.SGM
30NOR1
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations
Dated: November 21, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2023–26334 Filed 11–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0919]
RIN 1625–AA00
Safety Zone; Gulf of Mexico, Lower
Mississippi River Below Head of
Passes
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Lower
Mississippi River below Head of Passes.
The safety zone is needed to protect
persons and critical infrastructure from
the potential contamination due to an
oil spill in the Gulf of Mexico. Entry of
vessels or persons into this zone, or
movement of vessels within this zone is
prohibited unless specifically
authorized by the Captain of the Port or
a designated representative.
DATES: This rule is effective without
actual notice from November 30, 2023
through December 17, 2023. For the
purposes of enforcement, actual
notification will be used from 5 p.m. on
November 17, 2023, until November 30,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCGUSCG–2023–0919 in the search box and
click ‘‘Search.’’ Next, in the Document
Type column, select ‘‘Supporting &
Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast
Guard; telephone 504–365–2246, email
William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Table of Abbreviations
VerDate Sep<11>2014
15:59 Nov 29, 2023
II. Background Information and
Regulatory History
Executive orders, and we discuss First
Amendment rights of protestors.
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 an oil
spill happened 2 days ago, and
immediate action is needed to respond
to the potential safety impacts
associated with oil contamination. It is
impracticable to publish NPRM because
we must establish this safety zone
immediately.
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
because immediate action is needed to
respond to the potential safety hazards
associated with oil spill.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on duration of rule.
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 New Orleans
(COTP) has determined that potential
hazards associated with contamination
due to oil spill which happened 2 days
ago, will be a safety concern to all
persons and critical infrastructure
within the Captain of the Port Sector
New Orleans area.
IV. Discussion of the Rule
This rule establishes a safety zone
from 5 p.m. on November 17, 2023
through December 17, 2023. The safety
zone will cover all navigable waters of
Lower Mississippi River below Head of
Passes. The duration of the zone is
intended to protect persons and critical
infrastructure from the potential
contamination due to oil spill in the
Gulf of Mexico. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
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
Jkt 262001
83507
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
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
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 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 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–
E:\FR\FM\30NOR1.SGM
30NOR1
]]>Agencies
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83505-83507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26334]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0910]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a
stationary barge in the Laguna Madre, South Padre Island, Texas. Entry
of vessels or persons into this zone or remaining in the zone when it
is in effect 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 11:59 p.m. on
December 2, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0910 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 to protect personnel, vessels,
and the marine environment from potential hazards created by the
fireworks display and lack sufficient time to provide a reasonable
comment period and then to 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 address the potential safety hazards associated
with fireworks launched from a barge in the waters of the Laguna Madre.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks
displays occurring from 9:30 p.m. through 11:59 p.m. on the night of
December 2, 2023, will be a safety concern for anyone in the waters of
the Laguna Madre area within a 700 yard radius of the following point;
26[deg]6'02.1'' N, 97[deg]10'17.7'' W. The purpose of this rule is to
ensure safety of vessels and persons on these navigable waters in the
safety zone while the display of the fireworks takes place in the
Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the night of
December 2, 2023. The safety zone will encompass certain navigable
waters of the Laguna Madre, and is defined by a 700 yard radius around
the launching platform. The regulated area encompasses a 700 yard
radius of the following point: 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
The fireworks display will take place in waters of the Laguna Madre. 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 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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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. The temporary safety zone
will be enforced for a short period of 2.5 hours on the night of
December 2, 2023.
The zone is limited to a 700 yard radius from the launching
position of in the navigable waters of the Laguna Madre. The rule does
not completely restrict the traffic within a waterway and allows
mariners to request permission to enter the zone.
[[Page 83506]]
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 the Laguna Madre in a zone defined by a
700 yard radius from the following coordinate: 26[deg]6'02.1'' N,
97[deg]10'17.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. 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. A
Record of Environmental Consideration supporting this determination is
available in the docket.
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0910 to read as follows:
Sec. 165.T08-0910 Safety Zone; Laguna Madre, South Padre Island, TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius from the
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
(b) Enforcement period. This section is in effect, and subject to
enforcement from 9:30 p.m. through 11:59 p.m. on the night of December
2, 2023.
(c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, remaining in, or entry into this temporary safety
zone are 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.
[[Page 83507]]
Dated: November 21, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-26334 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P
