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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18396 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

safety of the maritime public during the 

Naval Air Station Corpus Christi Air 

Show taking place on Naval Air Station 

Corpus Christi in Corpus Christi, Texas. 

The safety zone is necessary because of 

the numerous potential hazards 

associated with air show events. 

Discussion of Rule 

The temporary safety zone created by 

this rule encompasses all waters within 

the points, Ocean Drive Bridge over Oso 

Bay, (27N 42′36.2′′, ¥97W 18′31.4′′) 

running south to the point (27N 

41′50.4′′, ¥97W 18′52.4′′), running 

southeast to the Turtle Cove Park (27N 

41′3.3′′, ¥97W 17′55.6′′) and running 

north along the shoreline of the Naval 

Air Station back to the Ocean Drive 

bridge across Oso Bay. 

The zone resembles a triangle running 

from the Ocean Drive Bridge over Oso 

Bay south to the point in the middle of 

the Bay, then east towards Turtle Cove 

Park and then running along the 

shoreline of the Naval Air Station back 

to the bridge across Oso Bay. 

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. 

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 the affected 

waterway during the time of 

enforcement. The safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: It is minimal 

in size, shallow in water-depth, short in 

duration, there are no known 

commercial fishermen that utilize this 

affected area and infrequent recreational 

fishermen utilize this area. 

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 

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 


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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18397 

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 on Oso Bay in 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: 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.T08–0139 Safety Zone; Naval Air 

Station Corpus Christi Air Show, Oso Bay, 

Corpus Christi, TX. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters within the points, Ocean Drive 

Bridge over Oso Bay, (27N 42′36.2′′, 

¥97 W 18′31.4′′) running south to the 

point (27N 41′50.4′′ ¥97 W 18′52.4′′), 

running southeast to the Turtle Cove 

Park (27N 41′3.3′′, ¥97 W 17′55.6′′) and 

running north along the shoreline of the 

Naval Air Station back to the Ocean 

Drive bridge across Oso Bay. The zone 

resembles a triangle running from the 

Ocean Drive Bridge over Oso Bay south 

to the point in the middle of the Bay, 

then east towards Turtle Cove Park and 

then running along the shoreline of the 

Naval Air Station back to the bridge 

across Oso Bay. 

(b) Enforcement Period. The rule will 

be enforced from approximately 8 a.m. 

until approximately 7 p.m., daily, from 

Friday, April 8, 2011 until Sunday, 

April 10, 2011, unless canceled sooner 

by the Captain of the Port. 

(c) Definitions. The term ‘‘designated 

representative’’ means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) 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. 

(e) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: March 2, 2011. 

K. Moore, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Corpus Christi. 

[FR Doc. 2011–7874 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–2010–0939] 

RIN 1625–AA00 

Safety Zones; M/V Davy Crockett, 

Columbia and Willamette Rivers 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

extending the stationary and moving 

emergency safety zones established on 

the waters of the Columbia and 

Willamette Rivers surrounding the M/V 

DAVY CROCKETT. The Coast Guard is 

also reducing the size of the stationary 

emergency safety zone surrounding the 

M/V DAVY CROCKETT at 

approximately river mile 117 on the 

Columbia River. The safety zones are 

necessary to help ensure the safety of 

the response workers and maritime 

public from the hazards associated with 

deleterious state of and ongoing 

response operations involving the M/V 

DAVY CROCKETT. All persons and 

vessels are prohibited from entering or 

remaining in the safety zones unless 

authorized by the Captain of the Port, 

Columbia River or his designated 

representative. 

DATES: This rule is effective from April 

4, 2011 through April 17, 2011. This 

rule is effective with actual notice for 

purposes of enforcement on March 11, 

2011. This rule will remain in effect 

through April 17, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0939 and are available online by going 

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

USCG–2010–0939 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 MST1 Jaime Sayers, 

Waterways Management Division, 

Marine Safety Unit Portland, 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, 


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