[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37764-37766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12418]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0463]
RIN 1625-AA00


Safety Zone; Laguna Madre, South Padre Island, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters in the Laguna Madre. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a firework display launched from a barge 
in the Laguna Madre, South Padre Island, Texas. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Corpus Christi or a designated 
representative.

DATES: This rule is effective from 9:30 p.m. through 11:59 p.m. from 
June 9, 2023 through August 25, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0463 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 Anthony Garofalo, 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

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 to protect personnel, vessels, 
and the marine environment from potential hazards created by the 
fireworks display and lack sufficient time to provide a reasonable 
comment period and then to 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 fireworks launched from a barge in the waters of the Laguna Madre.

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 fireworks 
displays occurring from 9:30 p.m. through 11:59 p.m. ong several dates 
from June 9, 2023 through August 25, 2023, will be a safety concern for 
anyone within the waters of the Laguna Madre area with a 700 yard 
radius from the following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W. 
The purpose of this rule is to ensure safety of vessels and persons on 
these navigable waters in the safety zone while the display of the 
fireworks takes place in the Laguna Madre.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone each night on June 9, 
13, 16, 20, 23, 27, 30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4, 
8, 11, 18, 25. The safety zone will encompass certain navigable waters 
of the Laguna Madre and is defined by a 700 yard radius around the 
launching platform. The regulated area encompasses a 700 yard radius 
from the following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W. The 
fireworks display will take place in waters of the Laguna Madre. No 
vessel or person is permitted to enter the temporary safety zone during 
the effective period without obtaining permission from the COTP or a 
designated representative, who may be contacted on Channel 16 VHF-FM 
(156.8 MHz) or by telephone at 361-

[[Page 37765]]

939-0450. The Coast Guard will issue 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, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). 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 duration of the safety zone. The temporary safety zone 
will be enforced for a short period of 2.5 hours, each night on June 9, 
13, 16, 20, 23, 27, 30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4, 
8, 11, 18, 25. The zone is limited to a 700 yard radius from the 
launching position of in the navigable waters of the Laguna Madre. The 
rule does not completely restrict the traffic within a waterway and 
allows mariners to request permission to enter 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 
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 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 the Laguna Madre in a zone defined by a 
700-yard radius from the following coordinate: 26[deg]6'02.1'' N, 
97[deg]10'17.7'' W. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
fireworks display in the waters of the Laguna Madre. 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 is not necessary, but will be 
provided if needed.

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:

[[Page 37766]]

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0463 to read as follows:


Sec.  165.T08-0463  Safety Zone; Laguna Madre, South Padre Island, TX.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Laguna Madre encompassed by a 700-yard radius from the 
following point; 26[deg]6'02.1'' N, 97[deg]10'17.7'' W.
    (b) Enforcement period. This section is subject to enforcement from 
9:30 p.m. through 11:59 p.m. each night, on June 9, 13, 16, 20, 23, 27, 
30; July 7, 11, 14, 18, 21, 25, 28 and August 1, 4, 8, 11, 18, 25.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23 of this part, entry into the temporary safety zone described in 
paragraph (a) of this section 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: June 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2023-12418 Filed 6-7-23; 11:15 am]
BILLING CODE 9110-04-P