[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Rules and Regulations]
[Pages 56517-56519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0525]
RIN 1625-AA00


Safety Zone; Victoria Barge Canal, Victoria, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
parts of the navigable waters of the Victoria Barge Canal from 
approximate position 28[deg]30'49'' N, 096[deg]48'08'' W to approximate 
position 28[deg]31'48'' N, 096[deg]48'172'' W. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards associated with SH-35 bridge fender repair 
operations. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Corpus 
Christi.

DATES: This rule is effective without actual notice from September 14, 
2020 through 5 p.m. on September 19, 2020. For purposes of enforcement, 
actual notice will be used 7 a.m. on August 31, 2020 through September 
14, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0525 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 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 56518]]

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 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 damaged fenders on the SH-35 Bridge.

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) is 
establishing a temporary safety zone for parts of the navigable waters 
of the Victoria Barge Canal from approximate position 28[deg]30'49'' N, 
096[deg]48'08'' W to approximate position 28[deg]31'48'' N, 
096[deg]48'172'' W. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with SH-35 bridge fender repair operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone August 31, 2020 
through September 19, 2020, from 7 a.m. through 12 p.m. and 1 p.m. 
through 5 p.m. each day, Monday through Saturday and will be enforced 
during SH-35 bridge fender repairs. No vessel or person is permitted to 
enter the temporary safety zone during the enforcement period without 
obtaining permission from the COTP or a designated representative.
    Persons or vessels seeking to enter the safety zone must request 
permission from the COTP or a designated representative on VHF-FM 
channel 16 or by telephone at 361-939-0450. If permission is granted, 
all persons and vessels shall comply with the instructions of the COTP 
or 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, and duration of the safety zone. This safety zone covers an 
area of the navigable waters of the Victoria Barge Canal from 
approximate position 28[deg]30'49'' N, 096[deg]48'08'' W to approximate 
position 28[deg]31'48'' N, 096[deg]48'172'' W for the purposes of SH-35 
bridge fender repairs August 31, 2020 through September 19, 2020, from 
7 a.m. through 12 p.m. and 1 p.m. through 5 p.m. each day, Monday 
through Saturday. Moreover, the Coast Guard will issue Local Notices to 
Mariners, Safety Marine Information Broadcasts, and Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone.

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 
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

[[Page 56519]]

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 Victoria Barge Canal from approximate 
position 28[deg]30'49'' N, 096[deg]48'08'' W to approximate position 
28[deg]31'48'' N, 096[deg]48'172'' W. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards associated with SH-35 bridge fender repair operations. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. 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.T08-0525 to read as follows:


Sec.  165.T08-0525  Safety Zone; Victoria Barge Canal, Victoria, TX.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Victoria Barge Canal from approximate position 
28[deg]30'49'' N, 096[deg]48'08'' W to approximate position 
28[deg]31'48'' N, 096[deg]48'172'' W. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards associated with SH-35 bridge fender repair operations.
    (b) Effective period. The section is effective August 31, 2020 
through September 19, 2020, from 7 a.m. through 12 p.m. and 1 p.m. 
through 5 p.m. each day, Monday through Saturday.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into this temporary safety 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 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: September 1, 2020.
J.B. Gunning,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus 
Christi.
[FR Doc. 2020-19853 Filed 9-11-20; 8:45 am]
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