[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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