Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18393 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone in the Marina of Corpus Christi, 

Texas. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: Authority: 33 U.S.C. 1226, 1231; 

46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 

191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5; Pub. L. 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T08–0140 to 

read as follows: 

§ 165.T08–0140 Safety Zone; Texas 

International Boat Show Power Boat Races, 

Corpus Christi Marina, Corpus Christi, TX. 

(a) Regulated area. The following 

regulated area is a safety zone. All 

waters of the Corpus Christi Marina 

contained between the People’s Street 

T-Head on the west, the primary 

breakwater on the east, the southern 

boundary running from the 

southernmost tip of the People’s Street 

T-Head (approx 27N 47′43.4′′, ¥97W 

23′16′′) along a line running due east to 

the breakwater (approx 27N 47′43.8′′, 

¥97W 23′5.2′′), and the northern 

boundary line running from the 

northern most tip of the secondary 

breakwater (approx 27N 47′57′′, ¥97W 

23′21.7′′) and the end of the primary 

breakwater (approx 27N 47′59.1′′, ¥97 

23′9.5′′). 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, State, and local 

officers designated by or assisting the 

Captain of the Port Corpus Christi in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Corpus Christi or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Corpus 

Christi via telephone at 361–939–6393, 

or a designated representative via VHF 

radio on channel 16, to seek permission. 

If permission to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Corpus Christi or a 

designated representative, all persons 

and vessels receiving such permission 

must comply with the instructions of 

the Captain of the Port Corpus Christi or 

a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area via local 

notice to mariners, marine safety 

information bulletins, broadcast notice 

to mariners, and by on-scene designated 

representatives. 

(d) Enforcement period. The rule is 

effective from April 8, 2011 until April 

10, 2011. The rule will be enforced daily 

between 7 a.m. and 8 p.m. for the period 

of 15 minutes before each race or race 

heat starts to a period of 15 minutes 

following the conclusion of each race or 

race heat. Potential users of the waters 

contained in the safety zone will be 

notified by VHF–FM radio from the 

Patrol Commander and also from a 

designated representative of the Captain 

of the Port over the race committee’s 

loud hailer speaker system when the 

safety zone will be implemented for the 

15 minutes before each race or race heat. 

The same methods of notification will 

be used to make notifications of the 

subsequent re-opening of the waters 

contained in the safety zone 

approximately 15 minutes following the 

conclusion of each race or race heat 

when the power boats have departed the 

race course. 

(e) Penalties. Vessels or persons 

violating this rule would be subject to 

the penalties set forth in 33 U.S.C. 1232 

and 50 U.S.C. 192. 

Dated: March 2, 2011. 

K. Moore, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Corpus Christi. 

[FR Doc. 2011–7876 Filed 4–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0997] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays in 

the Captain of the Port Columbia River 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the enforcement period for the safety 

zone established for the Oregon 

Symphony Concert Fireworks Display 

in Portland, Oregon. The amendment is 

necessary because in recent years the 

actual date of the event has differed 

from that listed in the enforcement 

period of the regulation. 

DATES: This rule is effective May 4, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0997 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0997 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 


sroberts on DSK69SOYB1PROD with RULES
18394 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail MST1 Jaime Sayers, Waterways 

Management Division, Marine Safety 

Unit Portland, U.S. Coast Guard; 

telephone 503–240–9319, e-mail 

Jaime.A.Sayers@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On November 23, 2010, we published 

a notice of proposed rulemaking 

(NPRM) entitled Safety Zones: 

Fireworks Displays in the Captain of the 

Port Columbia River Zone in the 

Federal Register (75 FR 71408). We 

received no comments on the proposed 

rule. A public meeting was not 

requested and none was held. 

Background and Purpose 

The Oregon Symphony Concert 

Fireworks Display in Portland, Oregon 

is an annual fireworks event requiring a 

safety zone to ensure the safety of the 

maritime public due to the inherent 

dangers associated with such events. 

Although the safety zone is codified in 

33 CFR 165.1315(a)(7), in recent years 

the enforcement period in that 

regulation has not covered the actual 

date of the event. As such, the Coast 

Guard has had to publish a new safety 

zone for the event. This amendment will 

change the enforcement period in 33 

CFR 165.1315(a)(7) to more accurately 

cover the time period of when the event 

occurs each year. 

Discussion of Comments and Changes 

No comments on the proposed 

rulemaking were received and no 

changes made to the rule. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard has made this 

determination based on the fact that this 

rule only changes the period during 

which the safety zone established in 33 

CFR 165.1315(a)(7) may be effective and 

enforced. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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. 

This rule may affect the following 

entities some of which may be small 

entities: The owners or operators of 

vessels wishing to transit the safety zone 

established by this rule. This rule will 

not have a significant economic impact 

on a substantial number of small 

entities, however, because it only 

changes the period during which the 

safety zone established in 33 CFR 

165.1315(a)(7) may be made effective 

and enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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 Ombudsman and the 

Regional Small Business Regulatory 

Fairness Boards. The Ombudsman 

evaluates these actions annually and 

rates each agency’s responsiveness to 

small businesses. 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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 


sroberts on DSK69SOYB1PROD with RULES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18395 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves amending the enforcement 

period of an existing safety zone. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Amend § 165.1315 by revising 

Paragraph (a)(7)(ii) to read as follows: 

§ 165.1315 Safety Zones: Fireworks 

Displays in the Captain of the Port 

Columbia River Zone. 

(a) * * * 

(7) * * * 

(ii) Enforcement Period. One day 

between the third week of August and 

the third week of September. 

* * * * * 

Dated: March 19, 2011. 

D.E. Kaup, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2011–7877 Filed 4–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0139] 

RIN 1625–AA00 

Safety Zone; Naval Air Station Corpus 

Christi Air Show, Oso Bay, Corpus 

Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Oso Bay in 

Corpus Christi, Texas in support of the 

2011 Naval Air Station Corpus Christi 

Air Show. This temporary safety zone is 

necessary to provide for the safety of 

other vessels and users of the waterway. 

Persons and vessels would be 

prohibited from entering into, transiting 

through, or anchoring within this 

temporary safety zone unless authorized 

by the Captain of the Port or his 

designated representative. 

DATES: This rule is effective from 8 a.m. 

Friday, April 8, 2011 until 7 p.m. 

Sunday, April 10, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0139 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0139 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Wes Geyer, Sector 

Corpus Christi Waterways Management 

Division, Coast Guard; telephone 361– 

888–3162, e-mail 

Wes.M.Geyer@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final 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 

immediate action is necessary to ensure 

the safety of participants and spectators 

in the Naval Air Station Corpus Christi 

Air Show. 

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. Due to the need for immediate 

action and the fact the no commercial 

entities and very few recreational 

fisherman utilize this section of Oso 

Bay, the restriction of vessel traffic and 

spectator craft is necessary to protect 

life, property and the environment; 

therefore, a 30-day notice is 

impracticable. Delaying the effective 

date would be contrary to the safety 

zone’s intended objectives of protecting 

participants and spectators in the Naval 

Air Station Corpus Christi Air Show. 

Basis and Purpose 

The Coast Guard is establishing this 

temporary safety zone to help ensure the 


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