[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7874]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0139]
RIN 1625-AA00
Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay,
Corpus Christi, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Oso Bay in Corpus Christi, Texas in support of the
2011 Naval Air Station Corpus Christi Air Show. This temporary safety
zone is necessary to provide for the safety of other vessels and users
of the waterway. Persons and vessels would be prohibited from entering
into, transiting through, or anchoring within this temporary safety
zone unless authorized by the Captain of the Port or his designated
representative.
DATES: This rule is effective from 8 a.m. Friday, April 8, 2011 until 7
p.m. Sunday, April 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0139 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0139 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Wes Geyer, Sector Corpus Christi
Waterways Management Division, Coast Guard; telephone 361-888-3162, e-
mail [email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 immediate action is necessary to
ensure the safety of participants and spectators in the Naval Air
Station Corpus Christi Air Show.
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. Due to the need for immediate
action and the fact the no commercial entities and very few
recreational fisherman utilize this section of Oso Bay, the restriction
of vessel traffic and spectator craft is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting participants and
spectators in the Naval Air Station Corpus Christi Air Show.
Basis and Purpose
The Coast Guard is establishing this temporary safety zone to help
ensure the
[[Page 18396]]
safety of the maritime public during the Naval Air Station Corpus
Christi Air Show taking place on Naval Air Station Corpus Christi in
Corpus Christi, Texas. The safety zone is necessary because of the
numerous potential hazards associated with air show events.
Discussion of Rule
The temporary safety zone created by this rule encompasses all
waters within the points, Ocean Drive Bridge over Oso Bay, (27N
42'36.2'', -97W 18'31.4'') running south to the point (27N 41'50.4'', -
97W 18'52.4''), running southeast to the Turtle Cove Park (27N
41'3.3'', -97W 17'55.6'') and running north along the shoreline of the
Naval Air Station back to the Ocean Drive bridge across Oso Bay.
The zone resembles a triangle running from the Ocean Drive Bridge
over Oso Bay south to the point in the middle of the Bay, then east
towards Turtle Cove Park and then running along the shoreline of the
Naval Air Station back to the bridge across Oso Bay.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the affected waterway during the time of enforcement. The safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons: It is minimal in size,
shallow in water-depth, short in duration, there are no known
commercial fishermen that utilize this affected area and infrequent
recreational fishermen utilize this area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 18397]]
technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g.), of the Instruction. This rule involves establishing a
temporary safety zone on Oso Bay in Corpus Christi, Texas.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T08-0140 to read as follows:
Sec. 165.T08-0139 Safety Zone; Naval Air Station Corpus Christi Air
Show, Oso Bay, Corpus Christi, TX.
(a) Regulated Area. The following regulated area is a safety zone.
All waters within the points, Ocean Drive Bridge over Oso Bay, (27N
42'36.2'', -97 W 18'31.4'') running south to the point (27N 41'50.4'' -
97 W 18'52.4''), running southeast to the Turtle Cove Park (27N
41'3.3'', -97 W 17'55.6'') and running north along the shoreline of the
Naval Air Station back to the Ocean Drive bridge across Oso Bay. The
zone resembles a triangle running from the Ocean Drive Bridge over Oso
Bay south to the point in the middle of the Bay, then east towards
Turtle Cove Park and then running along the shoreline of the Naval Air
Station back to the bridge across Oso Bay.
(b) Enforcement Period. The rule will be enforced from
approximately 8 a.m. until approximately 7 p.m., daily, from Friday,
April 8, 2011 until Sunday, April 10, 2011, unless canceled sooner by
the Captain of the Port.
(c) Definitions. The term ``designated representative'' means any
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law
enforcement vessels who have been authorized to act on the behalf of
the Captain of the Port.
(d) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Corpus
Christi or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Corpus Christi via telephone at 361-939-6393, or a designated
representative via VHF radio on channel 16, to seek permission. If
permission to enter, transit through, anchor in, or remain within the
regulated area is granted by the Captain of the Port Corpus Christi or
a designated representative, all persons and vessels receiving such
permission must comply with the instructions of the Captain of the Port
Corpus Christi or a designated representative. (3) The Coast Guard will
provide notice of the regulated area via local notice to mariners,
marine safety information bulletins, broadcast notice to mariners, and
by on-scene designated representatives.
(e) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain of the Port Corpus
Christi.
[FR Doc. 2011-7874 Filed 4-1-11; 8:45 am]
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