Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33511 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0372] 

RIN 1625–AA00 

Safety Zone; Conn Brown Harbor; 

Aransas Pass, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a 600 feet 

radius of a fireworks display in Aransas 

Pass, Texas. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by the fireworks 

display. Entry of vessels or persons into 

this temporary 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 p.m. 

through 10 p.m. on July 3, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0372 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 on this rule, call or 

email Lieutenant Commander Margaret 

Brown, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email Margaret.A.Brown@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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 it is 

impracticable. We must establish this 

safety zone immediately and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with a 

fireworks display on July 3, 2021. 

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 a 

fireworks display on July 3, 2021 will be 

a safety concern for anyone in the 

navigable waters of Conn Brown Harbor 

within a 600-foot radius of a fireworks 

display launched from Conn Brown 

Harbor Point Park in Corpus Aransas 

Pass, Texas. The purpose of this rule is 

to ensure safety of vessels and persons 

on these navigable waters in the safety 

zone during the fireworks show. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9 p.m. through 10 p.m. 

on July 3, 2021. The fireworks will be 

launched in position 27°54′05.37′′ N, 

097°08′01.24′′ W. 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 

Local Notices to Mariners, Safety 

Marine Information Broadcasts, and 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the 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, 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. 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. This safety 

zone covers a 600-foot radius for a 

fireworks display launched in Aransas 

Pass, Texas. The temporary safety zone 

will be enforced for a short period of 

only 60 minutes on July 3, 2021. 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 

temporary 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 contact 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 


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33512 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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. 

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 Conn 

Brown Harbor within a 600-foot radius 

of a fireworks display launched at 

position 27°54′05.37′′ N, 097°08′01.24′′ 

W, in Aransas Pass, Texas. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. It is categorically 

excluded from further review under 

paragraph L60 Appendix A, Table 1 of 

DHS Instruction Manual 023–01–001– 

01, Rev. 1 . 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0372 to read as 

follows: 

§ 165.T08–0372 Safety Zone; Conn Brown 

Harbor; Aransas Pass, TX. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Conn Brown Harbor within a 600-foot 

radius of a firework display launched at 

position 27°54′05.37′′ N, 097°08′01.24′′ 

W, in Aransas Pass, Texas 

(b) Effective period. This rule is 

effective from 9 p.m. through 10 p.m. on 

July 3, 2021. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 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. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP on VHF–FM channel 16 

(156.8 MHz) or by telephone at 361– 

939–0450. 

(3) 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, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: June 22, 2021. 

J.B. Gunning, 

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

Port Sector Corpus Christi. 

[FR Doc. 2021–13588 Filed 6–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0225] 

RIN 1625–AA00 

Safety Zone, PNSY Entrance Structure 

Heavy Lift Project—Piscataqua River, 

Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters in the Piscataqua River, 

Portsmouth, NH. This action is 

necessary to provide for the safety of 

persons, property, and the marine 

environment from the potential safety 

hazards associated with the 

construction and heavy lift operations at 

the Portsmouth Naval Shipyard Dry 

Dock No. 1. When enforced, this rule 

will prohibit persons and vessels from 

entering into the safety zone unless 

authorized by the Captain of the Port 

Northern New England or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 25, 2021, 

through August 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from June 16, 2021, until 

June 25, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 


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