[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18391-18393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7876]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0140]
RIN 1625-AA00
Safety Zone; Texas International Boat Show Power Boat Races;
Corpus Christi Marina, 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 in the
Corpus Christi, Texas for North American Tri-Hull Championship
scheduled to take place during the Texas International Boat Show. The
North American Tri-Hull Championship will consist of a series of power
boat races for approximately 8-12 vessels that are 18-feet long. The
temporary safety zone is necessary for the safety of race participants,
spectators and the general public.
DATES: The rule is effective from 7 a.m. April 8, 2011 until 8 p.m.
April 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0140 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0140 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 the dates of the event were changed
to an earlier date to eliminate the conflict with a sailing regatta
that would have presented a safety issue for participants in both
events.
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 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 from the known dangers associated with
power boat races.
Basis and Purpose
This safety zone is necessary to ensure the safety of the public
and boating traffic in the Corpus Christi Marina area during this
event. This safety zone is intended to restrict vessel traffic from a
portion of the Corpus Christi Marina for short durations of time. The
size of the zone was determined by natural barriers on all four sides
of the race course and local knowledge about wind, waves, and currents
in this particular area.
Discussion of Rule
This safety zone will encompass all waters of the Corpus Christi
Marina contained between the People's Street T-Head on the west, the
breakwater on the east, the southern boundary running from the
southernmost tip of the People's Street T-Head (approx 27N 47'43.4'', -
97W 23'16'') along a line running due east to the breakwater (approx
27N 47'43.8'', -97W 23'5.2''), and the northern boundary line running
from the northern most tip of the secondary breakwater (approx 27N
47'57'', -97W 23'21.7'') and the end of the primary breakwater (approx
27N 47'59.1'', -97 23'9.5'').
Potential users of the waters contained in the temporary safety
zone will be notified by VHF-FM radio from the Patrol Commander and
also from a designated representative of the Captain of the Port over
the race committee's loud hailer speaker system when the
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safety zone will be implemented for the 15 minutes before each race or
race heat. The same methods of notification will be used to make
notifications of the subsequent re-opening of the waters contained in
the safety zone approximately 15 minutes following the conclusion of
each race or race heat when the power boats have departed the race
course.
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. It is not significant under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Vessels will only be restricted from
the safety zone for a short period of time for each race heat. Vessels
may transit through the safety zone with permission from the Captain of
the Port Corpus Christi or his designated on-scene patrol commander
between each race heat.
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
or anchor in the Corpus Christi Marina within the safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for 45-60 minutes at a time. Vessel traffic
may enter or transit through the safety zone with the permission of the
Captain of the Port Corpus Christi or his designated on-scene
representative. Before the effective period, we will issue maritime
advisories and ensure they are widely available to users of the Corpus
Christi marina.
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
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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 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 in the Marina of 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: 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.T08-0140 Safety Zone; Texas International Boat Show Power
Boat Races, Corpus Christi Marina, Corpus Christi, TX.
(a) Regulated area. The following regulated area is a safety zone.
All waters of the Corpus Christi Marina contained between the People's
Street T-Head on the west, the primary breakwater on the east, the
southern boundary running from the southernmost tip of the People's
Street T-Head (approx 27N 47'43.4'', -97W 23'16'') along a line running
due east to the breakwater (approx 27N 47'43.8'', -97W 23'5.2''), and
the northern boundary line running from the northern most tip of the
secondary breakwater (approx 27N 47'57'', -97W 23'21.7'') and the end
of the primary breakwater (approx 27N 47'59.1'', -97 23'9.5'').
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, State, and local officers designated by or assisting the
Captain of the Port Corpus Christi in the enforcement of the regulated
area.
(c) 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.
(d) Enforcement period. The rule is effective from April 8, 2011
until April 10, 2011. The rule will be enforced daily between 7 a.m.
and 8 p.m. for the period of 15 minutes before each race or race heat
starts to a period of 15 minutes following the conclusion of each race
or race heat. Potential users of the waters contained in the safety
zone will be notified by VHF-FM radio from the Patrol Commander and
also from a designated representative of the Captain of the Port over
the race committee's loud hailer speaker system when the safety zone
will be implemented for the 15 minutes before each race or race heat.
The same methods of notification will be used to make notifications of
the subsequent re-opening of the waters contained in the safety zone
approximately 15 minutes following the conclusion of each race or race
heat when the power boats have departed the race course.
(e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain of the Port Corpus
Christi.
[FR Doc. 2011-7876 Filed 4-1-11; 8:45 am]
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