[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14872-14874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07260]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0057]
RIN 1625-AA00


Safety Zone; Laguna Madre, 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 for 
certain waters of the Laguna Madre in support of the 2019 Wings over 
South Texas Air Show. This action is necessary to protect personnel, 
vessels, and the marine environment from potential hazards during 
aerobatic maneuvers by high-speed, low-flying airplanes and any 
navigation hazards associated with the set up within certain waters of 
Laguna Madre. This action will prohibit persons and vessels from 
entering the zone unless authorized by the Captain of the Port Corpus 
Christi (COTP) or a designated representative.

DATES: This rule is effective from 11 a.m. on April 11, 2019 through 5 
p.m. on April 14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0057 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 LCDR Margaret Brown, 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

[[Page 14873]]

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 an NPRM with respect to this rule 
because doing so would be impracticable. It is impracticable to publish 
an NPRM because we must establish this safety zone by April 11, 2019 
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 the air show.

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 air show will be 
a safety concern for transiting vessels and/or persons and that a 
safety zone is needed. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone during the air show.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 11, 2019 through 
April 14, 2019. It will be enforced each day from 11 a.m. through 5 
p.m. The safety zone will cover all navigable waters within the 
following coordinates in Laguna Madre: Beginning at 027[deg]42'05'' N, 
097[deg]14'09'' W, thence east to 027[deg]42'54'' N, 097[deg]17'12'' W, 
thence south to 027[deg]41'36'' N, 097[deg]14'19'' W thence directly 
west to 027[deg]42'26'' N, 097[deg]17'22'' W, and thence north to its 
origin. The duration of the zone is intended to protect the personnel, 
vessels, and the marine environment in these navigable waters during 
the air show. 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

    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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will only be impacted for six hours on three days in a small area of 
Laguna Madre. Moreover, the Coast Guard will issue Broadcast Notices to 
Mariners and Local Notices to Mariner (VHF-FM marine channel 16) and/or 
Safety Marine Information Broadcasts as appropriate.

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

[[Page 14874]]

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 Commandant Instruction M16475.1D, 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 
a safety zone around all waters within the following coordinates in 
Laguna Madre: Beginning at 027[deg]42'05'' N, 097[deg]14'09'' W, thence 
east to 027[deg]42'54'' N, 097[deg]17'12'' W, thence south to 
027[deg]41'36'' N, 097[deg]14'19'' W thence directly west to 
027[deg]42'26'' N, 097[deg]17'22'' W, and thence north to its origin. 
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. 
01. 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. 0170.1.


0
2. Add Sec.  165.T08-0057 to read as follows:


Sec.  165.T08-0057  Safety Zone; Laguna Madre, Corpus Christi, TX.

    (a) Location. The following area is a safety zone: All navigable 
waters beginning at Point A (027[deg]42'05'' N, 097[deg]14'09'' W), 
running east to Point B (027[deg]42'54'' N, 097[deg]17'12'' W), running 
south to Point C (027[deg]41'36'' N, 097[deg]14'19'' W), running west 
to Point D (027[deg]42'26'' N, 097[deg]17'22'' W), and back North to 
Point A.
    (b) Effective and enforcement periods. This section is effective 
from April 11, 2019 through April 14, 2019. This section will be 
enforced from 11 a.m. through 5 p.m. each day of the effective period.
    (c) Regulations. (1) The general regulations in Sec.  165.33 apply. 
Entry into this zone 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 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 
security zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: April 4, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-07260 Filed 4-11-19; 8:45 am]
BILLING CODE 9110-04-P