[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22119-22121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08738]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0033]
RIN 1625-AA00


Safety Zone; Corpus Christi Ship Channel, 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 
all navigable waters of Corpus Christi Bay and the Corpus Christi Ship 
Channel. This action is necessary to provide for the safety of life on 
these navigable waters near the Corpus Christi Bayfront, during an 
airshow. This rulemaking will prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Sector 
Corpus Christi or a designated representative.

DATES: This rule is effective daily from 11:30 a.m. through 4:30 p.m. 
each day from April 29, 2021, through May 2, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0033 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, Waterways Management Division, 
Sector Corpus Christi, U.S. Coast Guard, email 
[email protected]; telephone 361-244-4784.

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

II. Background Information and Regulatory History

    On November 20, 2020, Schultz Airshows notified the Coast Guard 
that

[[Page 22120]]

the Buccaneer Commission will host the Wings Over South Texas Airshow 
daily, 11:30 a.m. through 4:30 p.m. from April 29, 2021, through May 2, 
2021. The Airshow's aerobatic box will take place over Corpus Christi 
Bay within a rectangular zone defined by the following coordinates; 
27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' N, 
097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W. In response, on February 3, 2021, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone: Corpus Christi Ship Channel, Corpus Christi, TX in 86 FR 8157. 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this safety zone. During the 
comment period that ended April 5, 2021, we received one comment. The 
comment was unrelated to the proposed rulemaking or event.
    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 Wings Over South Texas Airshow.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Corpus Christi (COTP) has determined that potential hazards associated 
with the Wings Over South Airshow would be a safety concern for anyone 
within the defined area daily, 11:30 a.m. to 4:30 p.m. from April 29, 
2021 through May 2, 2021. The Airshow's aerobatic box will take place 
over Corpus Christi Bay within a rectangular zone defined by the 
following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and 
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The purpose of this 
rule is to ensure safety of vessels and the navigable waters in the 
safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
February 3, 2021 which was out of the scope of the proposed rulemaking 
or event. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone daily from 11:30 a.m. through 
4:30 p.m. from April 29, 2021 through May 2, 2021. The safety zone will 
cover all navigable waters within a rectangular zone defined by the 
following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and 
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 11:30 a.m. to 4:30 p.m. 
airshow. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz) 
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. 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.

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. 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).
    This regulatory action determination is based on the size, 
location, and short duration of five hours each day for four days.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 (Public Law 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 
call or email 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

[[Page 22121]]

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.

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, Rev. 1, associated implementing instructions, 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 a 
safety zone lasting five hours for four days that will prohibit entry 
into a 2 nautical miles by .5 nautical mile box that crosses the Corpus 
Christi Ship Channel. It is categorically excluded from further review 
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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.T08-0033 to read as follows:


Sec.  165.T08-0033   Safety Zone; Corpus Christi Bay, Corpus Christi, 
TX.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of the Corpus Christi Bay within the following defined 
coordinates: 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' 
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W.
    (b) Effective period. This section is effective daily from 11:30 
a.m. through 4:30 p.m. from April 29, 2021 through May 2, 2021.
    (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. They may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
    (2) 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: April 22, 2021.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-08738 Filed 4-26-21; 8:45 am]
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