[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29725-29726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12544]
[[Page 29725]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0484]
RIN 1625-AA00
Safety Zone; Redfish Bay, Aransas Pass, 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 Redfish Bay, Aransas Pass, Texas. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display
launched from Conn Brown Harbor. 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 on July 5, 2025, between 9:15 p.m. and 10
p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0484 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, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone (361) 244-
4784, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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. The Coast Guard was notified of this event on May 27,
2025, and must establish this safety zone by July 5, 2025, to protect
personnel, vessels, and the marine environment from potential hazards
created by the fireworks display. The Coast Guard therefor 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 public interest because prompt action is
needed to the potential safety hazards associated with fireworks
launched from Conn Brown Harbor over the waters of Redfish Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in U.S.C.
70034. The Captain of the Port, Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks
display, occurring from 9:15 p.m. through 10 p.m. on July 5, 2025, will
be a safety concern for anyone within the waters of the Redfish Bay
area within a 600-foot radius around the launching platform from which
the display will be launched. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the fireworks display occurs.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:15 p.m.
through 10 p.m. on the night of July 5, 2025. The safety zone area
encompasses a 600-foot radius around the launching platform at Conn
Brown Harbor in Redfish Bay, at 27[deg]54'33.94'' N, 97[deg]7'50.65''
W. No vessel or person will be 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) 939-0450. The Coast Guard
will issue Broadcast Notice to Mariners and Safety Marine Information
Broadcasts to advise the public of this safety zone.
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 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the small size and
short duration of the safety zone. The temporary safety zone will be
enforced for the short period of less than one hour, on the night of
July 5, 2025, when vessel traffic is normally low. The zone is limited
to a 600-foot radius around the fireworks launching position over the
navigable waters of Redfish Bay. 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
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 will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance,
[[Page 29726]]
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
establishment of a temporary safety zone for navigable waters of
Redfish Bay in a zone defined by a 600-foot radius around the launching
platform, located at the following point: 27[deg]54'33.94'' N,
97[deg]7'50.65'' W. 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. 01.4.
0
2. Add Sec. 165.T08-0484 to read as follows:
Sec. 165.T08-0484 Safety Zone; Redfish Bay, Aransas Pass, TX
(a) Location. The following area is a safety zone: all navigable
waters of Redfish Bay encompassed by a 600-foot radius around the
launch platform, located at the following point: 27[deg]54'33.94'' N,
97[deg]7'50.65'' W. 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 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 contacting them 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.
(d) Enforcement period. This section will be enforced on July 5,
2025, from 9:15 p.m. through 10 p.m.
Dated: July 1, 2025.
Torrey H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-12544 Filed 7-3-25; 8:45 am]
BILLING CODE 9110-04-P