[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Rules and Regulations]
[Pages 22641-22642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09677]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0376]
RIN 1625-AA00
Safety Zone; USS Lexington, Corpus Christi, TX
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters off the port side of the USS Lexington in Corpus
Christi Bay, while the United States Army conducts jump training. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by this exercise. 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 on June 7, 2025, from 7 a.m. through 11
a.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0376 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Timothy Cardenas, Waterways Management
Division, U.S. Coast Guard; (361) 244-4784, 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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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. On April 28, 2025, the United States (U.S.) Army
notified the Coast Guard that it would be conducting training on June
7, 2025, involving Army personnel jumping from the deck of the museum
vessel USS Lexington into Corpus Christi Bay. This safety zone must be
established prior to the exercise to protect United States Army
personnel, the public, vessels, and the marine environment from
potential hazards created during this training exercise. The Coast
Guard therefore lacks sufficient time to provide a reasonable comment
period and then a period to consider those comments before issuing the
rule.
Also, 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 prompt
action is needed to respond to potential safety hazards associated with
this U.S. Army training exercise.
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 a jump training
exercise on June 7, 2025, will be a safety concern for participating
U.S. Army personnel and for anyone within the safety zone off the port
side of the USS Lexington. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the exercise occurs.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. through 11 a.m. on
June 7, 2025. The safety zone will cover all navigable waters within
the area encompassed by a line connecting the following points:
beginning at Point 1: 27[deg]48'57.76'' N, 97[deg]23'19.17'' W; thence
to Point 2: 27[deg]48'50.75'' N, 97[deg]23'16.62'' W; thence to Point
3: 27[deg]48'54.34'' N, 97[deg]23'5.73'' W; thence to Point 4:
27[deg]49'0.15'' N, 97[deg]23'11.33'' W; thence returning to Point 1.
No vessel or person will be permitted to enter the temporary safety
zone during the period in which the rule is subject to enforcement
without obtaining permission from the COTP or a designated
representative, who may be contacted on Channel 16 (156.8 MHz) or by
telephone at (361) 939-0450. The Coast Guard will issue Broadcast
Notices to Mariners and Safety Marine Information Broadcasts to inform
the public of these restrictions.
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.
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 section 3(f) of 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 duration of the safety zone. The safety zone covers 1
quarter of a square mile area of the Corpus Christi Bay outside of the
navigational channel, and vessels will be able to transit around this
area unimpeded. The temporary safety zone will be subject to
enforcement for a period of only four hours on June 7, 2025. Vessels
may also be allowed to enter the zone during the enforcement period
with prior approval of the COTP.
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
[[Page 22642]]
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 will 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
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
establishing a temporary safety zone for navigable waters in Corpus
Christi Bay lasting approximately four hours on one day. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created during a U.S. Army jump
training exercise. 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. 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.
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, 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.T08-0376 to read as follows:
Sec. 165.T08-0376 Safety Zones; Corpus Christi Bay, Corpus Christi,
TX.
(a) Location. The following area is a safety zone: All waters of
Corpus Christi Bay, from surface to bottom, encompassed by a line
connecting the following points: Point 1 at 27[deg]48'57.76'' N,
97[deg]23'19.17'' W; thence to Point 2 at 27[deg]48'50.75'' N,
97[deg]23'16.62'' W; thence to Point 3 at 27[deg]48'54.34'' N,
97[deg]23'5.73'' W; thence to Point 4 at 27[deg]49'0.15'' N,
97[deg]23'11.33'' W; thence returning to Point 1. These coordinates are
based on World Geodetic System (WGS) 84.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Corpus Christi (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by on Channel 16 VHF-FM (156.8 MHz) or by telephone at
(361) 939-0450. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced from 7 a.m.
through 11 a.m. on June 7, 2025.
Dated: May 19, 2025.
Torrey H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-09677 Filed 5-28-25; 8:45 am]
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