Rule2025-12541

Safety Zone; Corpus Christi Bay, Corpus Christi, TX

Primary source

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Published
July 7, 2025
Effective
July 4, 2025

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters with a 900-foot radius in the Corpus Christi Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks launch. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi.

Full Text

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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29726-29728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12541]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2025-0483]
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 
navigable waters with a 900-foot radius in the Corpus Christi Bay. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a fireworks launch. 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 from July 4, 2025, between the hours of 9 
p.m. and 10 p.m.

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-
2025-0483 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

[[Page 29727]]


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 <a href="/cdn-cgi/l/email-protection#f8ac9195978c9081d6b2d6bb998a9c9d96998bb88d8b9b9fd6959194"><span class="__cf_email__" data-cfemail="b1e5d8dcdec5d9c89ffb9ff2d0c3d5d4dfd0c2f1c4c2d2d69fdcd8dd">[email&#160;protected]</span></a>.

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 June 2, 
2025, and must establish this safety zone by July 4, 2025, to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the fireworks display. 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 public interest because prompt action is 
needed to the potential safety hazards associated with fireworks 
launched from a barge over the waters of Corpus Christi 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 p.m. through 10 p.m. on July 4, 2025, will be 
a safety concern for anyone within the waters of the Corpus Christi Bay 
area within a 900-foot radius around 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.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9 p.m. through 
10 p.m. on the night of July 4, 2025. The safety zone area encompasses 
a 900-foot radius around the fireworks barge in Corpus Christi Bay, at 
approximately 27[deg]47'44.1'' N, 97[deg]22'54.6'' 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 one hour, on the night of July 4, 
2025, when vessel traffic is normally low. The zone is limited to a 
900-foot radius around the fireworks launching position in the 
navigable waters of Corpus Christi 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, 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

[[Page 29728]]

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 Corpus 
Christi Bay in a zone defined by a 900-foot radius around a fireworks 
barge, located at approximately: 27[deg]47'44.1'' N, 97[deg]22'54.6'' 
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.T08-0483 to read as follows:


Sec.  165.T08-0483  Safety Zone; Corpus Christi Bay, Corpus Christi, TX

    (a) Location. The following area is a safety zone: all navigable 
waters of the Corpus Christi Bay encompassed by a 900-foot radius 
around the fireworks barge, located at approximately: 27[deg]47'44.1'' 
N, 97[deg]22'54.6'' 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 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 4, 
2025, from 9 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. 2025-12541 Filed 7-3-25; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on July 7, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.