[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18391-18393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7876]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0140]
RIN 1625-AA00


Safety Zone; Texas International Boat Show Power Boat Races; 
Corpus Christi Marina, 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 in the 
Corpus Christi, Texas for North American Tri-Hull Championship 
scheduled to take place during the Texas International Boat Show. The 
North American Tri-Hull Championship will consist of a series of power 
boat races for approximately 8-12 vessels that are 18-feet long. The 
temporary safety zone is necessary for the safety of race participants, 
spectators and the general public.

DATES: The rule is effective from 7 a.m. April 8, 2011 until 8 p.m. 
April 10, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0140 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0140 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 <a href="/cdn-cgi/l/email-protection#ffa89a8cd1b2d1b89a869a8dbf8a8c9c98d1929693"><span class="__cf_email__" data-cfemail="316654421f7c1f765448544371444252561f5c585d">[email protected]</span></a>. 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 the dates of the event were changed 
to an earlier date to eliminate the conflict with a sailing regatta 
that would have presented a safety issue for participants in both 
events.
    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 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 from the known dangers associated with 
power boat races.

Basis and Purpose

    This safety zone is necessary to ensure the safety of the public 
and boating traffic in the Corpus Christi Marina area during this 
event. This safety zone is intended to restrict vessel traffic from a 
portion of the Corpus Christi Marina for short durations of time. The 
size of the zone was determined by natural barriers on all four sides 
of the race course and local knowledge about wind, waves, and currents 
in this particular area.

Discussion of Rule

    This safety zone will encompass all waters of the Corpus Christi 
Marina contained between the People's Street T-Head on the west, the 
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'').
    Potential users of the waters contained in the temporary 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

[[Page 18392]]

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.

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. It is not significant under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based upon the size and location of the 
safety zone within the waterway. Vessels will only be restricted from 
the safety zone for a short period of time for each race heat. Vessels 
may transit through the safety zone with permission from the Captain of 
the Port Corpus Christi or his designated on-scene patrol commander 
between each race heat.

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 will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the Corpus Christi Marina within the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for 45-60 minutes at a time. Vessel traffic 
may enter or transit through the safety zone with the permission of the 
Captain of the Port Corpus Christi or his designated on-scene 
representative. Before the effective period, we will issue maritime 
advisories and ensure they are widely available to users of the Corpus 
Christi marina.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 
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.

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 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 effect 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 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

[[Page 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

0
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.


0
2. Add temporary Sec.  165.T08-0140 to read as follows:


Sec.  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


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