Rule2024-27875
Safety Zone; Corpus Christi Bay, Corpus Christi, TX
Primary source
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Published
November 27, 2024
Effective
December 7, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters in the Laguna Madre, South Padre Island, Texas. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fireworks display launched from a barge in 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.
Full Text
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<title>Federal Register, Volume 89 Issue 229 (Wednesday, November 27, 2024)</title>
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[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Rules and Regulations]
[Pages 93474-93476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27875]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1009]
RIN 1625-AA00
Safety Zone; Corpus Christi Bay, 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
certain navigable waters in the Laguna Madre, South Padre Island,
Texas. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by fireworks display
launched from a barge in 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. on
December 7, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-1009 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 about this rule,
call or email Lieutenant Timothy Cardenas, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-
5130, email <a href="/cdn-cgi/l/email-protection#0a5e6367657e6273244024496b786e6f646b794a7f79696d24676366"><span class="__cf_email__" data-cfemail="9dc9f4f0f2e9f5e4b3d7b3defceff9f8f3fceedde8eefefab3f0f4f1">[email protected]</span></a>.
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 authority in 5
[[Page 93475]]
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.''
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. The Coast Guard was notified
of this event on October 30, 2024, and must establish this safety zone
by December 7, 2024, to protect personnel, vessels, and the marine
environment from potential hazards created by the fireworks display,
and therefore lack sufficient time to provide a reasonable comment
period and then a period to consider those comments before issuing the
rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 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
display, occurring from 9:30 p.m. through 11:59 p.m. on December 7,
2024, will be a safety concern for anyone within the waters of the
Laguna Madre area within a 700-yard radius of the barge 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 in the Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m. to
11:59 p.m. on the night of December 7, 2024. The safety zone will
encompass all navigable waters of the Laguna Madre and is defined by a
700-yard radius from the launch platform. The regulated area
encompasses a 700-yard radius of the following point: 26[deg]06'02.1''
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 361-939-
0450. The Coast Guard will issue Broadcast Notices to Mariners and
Safety Marine Information Broadcasts.
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 the short period of two and a half hours, on the
night of December 7, 2024, when vessel traffic is normally low. The
zone is limited to a 700-yard radius from the launching position 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
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
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. 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.
[[Page 93476]]
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 around the fireworks barge, located at the following
point: 26[deg]06'02.1'' N, 97[deg]10'17.7'' 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.
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, 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.T08-1009 to read as follows:
Sec. 165.T08-1009 Safety Zone; Corpus Christi Bay, Corpus Christi,
TX.
(a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 700-yard radius around the
fireworks barge, located at the following point: 26[deg]06'02.1'' 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. on December 7, 2024.
(c) Regulations. (1) In accordance with the general regulations in
subpart C 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 and Safety Marine
Information Broadcasts as appropriate.
Dated: November 21, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-27875 Filed 11-26-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 27, 2024.
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