83_FR_30465 83 FR 30340 - Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX

83 FR 30340 - Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30340-30343
FR Document2018-13898

The Coast Guard is establishing a temporary special local regulation for certain navigable waters of Corpus Christi Bay. This action is necessary to protect marine event participants, spectators and transiting vessels on these navigable waters during the Youth World's Championship regatta held at the Corpus Christi Yacht Club. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Corpus Christi or designated representative.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30340-30343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13898]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0340]
RIN 1625-AA08


Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for certain navigable waters of Corpus Christi Bay. This 
action is necessary to protect marine event

[[Page 30341]]

participants, spectators and transiting vessels on these navigable 
waters during the Youth World's Championship regatta held at the Corpus 
Christi Yacht Club. Entry of vessels or persons into this zone is 
prohibited unless authorized by the Captain of the Port Sector Corpus 
Christi or designated representative.

DATES: This rule is effective from 7 a.m. on July 14, 2018 through 3 
p.m. on July 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0340 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 Petty Officer Kevin Kyles, Waterways Management Division, 
U.S. Coast Guard; telephone 361-939-5125, email Kevin.L.Kyles@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
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 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)(3)(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 would be impracticable. 
This safety zone must be established by July 14, 2018 and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the special local regulation until 
after the scheduled date of the regatta and compromise public safety.
    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 necessary to ensure the safety of persons and vessels during 
the regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Corpus Christi (COTP) has 
determined that potential hazards associated with the vessel traffic 
occurring on July 14, 2018 through July 21, 2018 will be a safety 
concern for participants within the boating course. Potential hazards 
include risk of injury or death resulting from near or actual contact 
among participant vessels and spectator vessels or waterway users if 
normal vessel traffic were to interfere with the event. The purpose of 
this rule is to ensure safety of participants, spectators, and 
transiting vessels in the regulated area before, during, and after the 
Youth World's Championship regatta.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 
6:15 a.m. through 3 p.m. each day from July 14, 2018 through July 21, 
2018 in Corpus Christi Bay, approximately 3,000 feet east of People's 
Street T-Head in Corpus Christi, TX. The regatta will be inside a 
rectangular area with the most northwestern point located at 
27[deg]47'31'' N, 97[deg]22'33.05'' W, most northeastern point located 
at 27[deg]47'29.46'' N, 97[deg]19'44.26'' W, most southeastern point 
located at 27[deg]46'12.06'' N, 97[deg]19'44.78'' W, and the most 
southwestern located at 27[deg]46'09.55'' N, 97[deg]22'28.78'' W. The 
duration of the special local regulation is intended to protect the 
public from potential navigation hazards before, during, and after the 
event. No vessel or person is permitted to enter the regulated area 
without obtaining permission from the COTP or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''.
    All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or 
exit the regulated area may do so only with permission from the COTP or 
a designated representative, and when permitted, must operate at a 
minimum safe navigation speed in a manner which will not endanger 
participants in the regulated area or any other vessels. No spectator 
vessel shall anchor, block, loiter, or impede the through transit of 
participants or official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel. Any spectator vessel may anchor outside the 
regulated area, but may not anchor in, block, or loiter in a navigable 
channel.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or 
the operation of any vessel at any time it is deemed necessary for the 
protection of life or property. The COTP or a designated representative 
can terminate enforcement of the special local regulations at the 
conclusion of the event.
    The COTP or a designated representative would inform the public of 
the enforcement times for this safety zone through Broadcast Notices to 
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, this rule has

[[Page 30342]]

not been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    This regulatory action determination is based on size, location, 
duration, and time-of-day for the special local regulation. Vessel 
traffic will be able to safely navigate around the regulated area, 
which will impact only a small portion of the Laguna Madre for 3 hours 
and 15 minutes on one day. Moreover, the Coast Guard will issue 
Broadcast Notices to Mariners (BNMs) via VHF-FM marine channel 16 about 
the regulation so that waterway users may plan accordingly for transits 
during this restriction, and the rule allows vessels to seek permission 
from the COTP or a designated representative to enter the regulated 
area.

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 regulated area 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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. 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 would 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 would 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.

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 would 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 Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination 
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 is a special local regulation that limits daily 
access to certain navigable waters of Corpus Christi Bay over eight 
days. Normally such actions are categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.


0
2. Add Sec.  100.35T08-0340 to read as follows:


Sec.  100.35T08-0340  Special Local Regulation; Corpus Christi Bay, 
Corpus Christi, TX.

    (a) Location. The following area is a special local regulation: All 
navigable waters inside approximate rectangular area from with the most 
northwestern point located at 27[deg]47'31'' N, 97[deg]22'33.05'' W, 
the most northeastern point being located at 27[deg]47'29.46'' N, 
97[deg]19'44.26'' W, the most southeastern point located at 
27[deg]46'12.06'' N, 97[deg]19'44.78'' W, and the most southwestern 
located at 27[deg]46'09.55'' N, 97[deg]22'28.78'' W, in Corpus Christi 
Bay, approximately 3,000 feet east of

[[Page 30343]]

People's Street T-Head in Corpus Christi, TX.
    (b) Effective period. This section is effective from 6:15 a.m. on 
July 14, 2018 through 3 p.m. on July 21, 2018.
    (c) Enforcement period. This section will be enforced from 6:15 
a.m. through 3 p.m. during each day of the effective period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a 
designated representative. A designated representative may be a Patrol 
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Spectator vessels may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.
    (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 (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: June 21, 2018.
E.J. Gaynor
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2018-13898 Filed 6-27-18; 8:45 am]
BILLING CODE 9110-04-P



                                           30340              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           the Small Business and Agriculture                      F. Environment                                         thence back to the original position,
                                           Regulatory Enforcement Ombudsman                          We have analyzed this rule under                     27°18′44″ N, 82°36′14″ W.
                                           and the Regional Small Business                                                                                  (b) Definition. The term ‘‘designated
                                                                                                   Department of Homeland Security
                                           Regulatory Fairness Boards. The                                                                                representative’’ means Coast Guard
                                                                                                   Management Directive 023–01 and
                                           Ombudsman evaluates these actions                                                                              Patrol Commanders, including Coast
                                                                                                   Commandant Instruction M16475.lD,
                                           annually and rates each agency’s                                                                               Guard coxswains, petty officers, and
                                                                                                   which guide the Coast Guard in
                                           responsiveness to small business. If you                                                                       other officers operating Coast Guard
                                                                                                   complying with the National
                                           wish to comment on actions by                                                                                  vessels, and Federal, state, and local
                                                                                                   Environmental Policy Act of 1969 (42
                                           employees of the Coast Guard, call                                                                             officers designated by or assisting the
                                                                                                   U.S.C. 4321–4370f), and have made a
                                           1–888–REG–FAIR (1–888–734–3247).                                                                               COTP St. Petersburg in the enforcement
                                                                                                   determination that this action is one of
                                           The Coast Guard will not retaliate                                                                             of the regulated areas.
                                                                                                   a category of actions that do not
                                           against small entities that question or                                                                          (c) Regulations. (1) All non-
                                                                                                   individually or cumulatively have a
                                           complain about this rule or any policy                                                                         participant persons and vessels are
                                                                                                   significant effect on the human
                                           or action of the Coast Guard.                                                                                  prohibited from entering, transiting
                                                                                                   environment. This rule involves a
                                                                                                                                                          through, anchoring in, or remaining
                                           C. Collection of Information                            special local regulation issued in
                                                                                                                                                          within the race area unless an
                                                                                                   conjunction with a regatta or marine
                                             This rule will not call for a new                                                                            authorized by the COTP St. Petersburg
                                                                                                   parade. It is categorically excluded from
                                           collection of information under the                                                                            or a designated representative.
                                                                                                   further review under paragraph L61 of
                                           Paperwork Reduction Act of 1995 (44                                                                              (2) Designated representatives may
                                                                                                   Appendix A, Table 1 of DHS Instruction
                                           U.S.C. 3501–3520).                                                                                             control vessel traffic throughout the
                                                                                                   Manual 023–01–001–01, Rev. 01. A
                                                                                                                                                          enforcement area as determined by the
                                           D. Federalism and Indian Tribal                         Record of Environmental Consideration
                                                                                                                                                          prevailing conditions.
                                           Governments                                             supporting this determination is                         (3) Persons and vessels may request
                                                                                                   available in the docket where indicated                authorization to enter, transit through,
                                              A rule has implications for federalism               under ADDRESSES.                                       anchor in, or remain within the
                                           under Executive Order 13132,                            G. Protest Activities                                  regulated areas by contacting the COTP
                                           Federalism, if it has a substantial direct                                                                     St. Petersburg by telephone at (727)
                                           effect on the States, on the relationship                 The Coast Guard respects the First
                                                                                                                                                          824–7506, or a designated
                                           between the national government and                     Amendment rights of protesters.
                                                                                                                                                          representative via VHF radio on channel
                                           the States, or on the distribution of                   Protesters are asked to contact the
                                                                                                                                                          16. If authorization is granted, all
                                           power and responsibilities among the                    person listed in the FOR FURTHER
                                                                                                                                                          persons and vessels receiving such
                                           various levels of government. We have                   INFORMATION CONTACT section to
                                                                                                                                                          authorization must comply with the
                                           analyzed this rule under that Order and                 coordinate protest activities so that your
                                                                                                                                                          instructions of the COTP St. Petersburg
                                           have determined that it is consistent                   message can be received without
                                                                                                                                                          or a designated representative.
                                           with the fundamental federalism                         jeopardizing the safety or security of                   (4) The Coast Guard will provide
                                           principles and preemption requirements                  people, places, or vessels.                            notice of the regulated area by Local
                                           described in Executive Order 13132.                     List of Subjects in 33 CFR Part 100                    Notice to Mariners and/or Broadcast
                                              Also, this rule does not have tribal                                                                        Notice to Mariners.
                                                                                                     Marine safety, Navigation (water),
                                           implications under Executive Order                                                                               (d) Enforcement period. This rule will
                                                                                                   Reporting and recordkeeping
                                           13175, Consultation and Coordination                                                                           be enforced daily from 8 a.m. to 6 p.m.
                                                                                                   requirements, Waterways.
                                           with Indian Tribal Governments,                                                                                on June 29, 2018 through July 1, 2018.
                                           because it would not have a substantial                   For the reasons discussed in the
                                                                                                   preamble, the Coast Guard amends 33                    H.L. Najarian,
                                           direct effect on one or more Indian
                                                                                                   CFR part 100 as follows:                               Captain, U.S. Coast Guard, Captain of the
                                           tribes, on the relationship between the                                                                        Port Saint Petersburg.
                                           Federal Government and Indian tribes,                   PART 100—SAFETY OF LIFE ON                             [FR Doc. 2018–13912 Filed 6–27–18; 8:45 am]
                                           or on the distribution of power and                     NAVIGABLE WATERS                                       BILLING CODE 9110–04–P
                                           responsibilities between the Federal
                                           Government and Indian tribes. If you                    ■ 1. The authority citation for part 100
                                           believe this rule has implications for                  continues to read as follows:                          DEPARTMENT OF HOMELAND
                                           federalism or Indian tribes, please                                                                            SECURITY
                                                                                                     Authority: 33 U.S.C. 1233; 33
                                           contact the person listed in the FOR                    CFR 1.05–1.
                                           FURTHER INFORMATION CONTACT section                                                                            Coast Guard
                                           above.                                                  ■ 2. Add § 100.35T07–0316 to read as
                                                                                                   follows:
                                           E. Unfunded Mandates Reform Act                                                                                33 CFR Part 100
                                                                                                   § 100.35T07–0316 Special Local                         [Docket Number USCG–2018–0340]
                                             The Unfunded Mandates Reform Act                      Regulations; Sarasota Powerboat Grand
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Prix, Gulf of Mexico; Lido Beach, FL.                  RIN 1625–AA08
                                           federal agencies to assess the effects of                 (a) Location. The following regulated
                                           their discretionary regulatory actions. In              area is established as a special local                 Special Local Regulation; Corpus
                                           particular, the Act addresses actions                   regulation. All coordinates are North                  Christi Bay, Corpus Christi, TX
                                           that may result in the expenditure by a                 American Datum 1983.                                   AGENCY:    Coast Guard, DHS.
                                           State, local, or tribal government, in the                (1) Enforcement area. All waters of
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                          ACTION:   Temporary final rule.
                                           aggregate, or by the private sector of                  the Gulf of Mexico contained within the
                                           $100,000,000 (adjusted for inflation) or                following points: 27°18′44″ N, 82°36′14″               SUMMARY:   The Coast Guard is
                                           more in any one year. Though this rule                  W, thence to position 27°19′09″ N,                     establishing a temporary special local
                                           would not result in such expenditure,                   82°35′13″ W, thence to position                        regulation for certain navigable waters
                                           we do discuss the effects of this rule                  27°17′42″ N, 82°34′00″ W, thence to                    of Corpus Christi Bay. This action is
                                           elsewhere in this preamble.                             position 27°16′43″ N, 82°34′49″ W,                     necessary to protect marine event


                                      VerDate Sep<11>2014   16:02 Jun 27, 2018   Jkt 244001   PO 00000   Frm 00056   Fmt 4700   Sfmt 4700   E:\FR\FM\28JNR1.SGM   28JNR1


                                                              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations                                           30341

                                           participants, spectators and transiting                 making this rule effective less than 30                   Spectator vessels desiring to enter,
                                           vessels on these navigable waters during                days after publication in the Federal                  transit through or within, or exit the
                                           the Youth World’s Championship                          Register. Delaying the effective date of               regulated area may do so only with
                                           regatta held at the Corpus Christi Yacht                this rule would be contrary to the public              permission from the COTP or a
                                           Club. Entry of vessels or persons into                  interest because immediate action is                   designated representative, and when
                                           this zone is prohibited unless                          necessary to ensure the safety of persons              permitted, must operate at a minimum
                                           authorized by the Captain of the Port                   and vessels during the regatta.                        safe navigation speed in a manner
                                           Sector Corpus Christi or designated                                                                            which will not endanger participants in
                                                                                                   III. Legal Authority and Need for Rule
                                           representative.                                                                                                the regulated area or any other vessels.
                                                                                                      The Coast Guard is issuing this rule                No spectator vessel shall anchor, block,
                                           DATES: This rule is effective from 7 a.m.               under authority in 33 U.S.C. 1233. The                 loiter, or impede the through transit of
                                           on July 14, 2018 through 3 p.m. on July                 Captain of the Port Sector Corpus                      participants or official patrol vessels in
                                           21, 2018.                                               Christi (COTP) has determined that                     the regulated area during the effective
                                           ADDRESSES: To view documents                            potential hazards associated with the                  dates and times, unless cleared for entry
                                           mentioned in this preamble as being                     vessel traffic occurring on July 14, 2018              by or through an official patrol vessel.
                                           available in the docket, go to http://                  through July 21, 2018 will be a safety                 Any spectator vessel may anchor
                                           www.regulations.gov, type USCG–2018–                    concern for participants within the                    outside the regulated area, but may not
                                           0340 in the ‘‘SEARCH’’ box and click                    boating course. Potential hazards                      anchor in, block, or loiter in a navigable
                                           ‘‘SEARCH.’’ Click on Open Docket                        include risk of injury or death resulting              channel.
                                           Folder on the line associated with this                 from near or actual contact among                         The COTP or a designated
                                           rule.                                                   participant vessels and spectator vessels              representative may forbid and control
                                           FOR FURTHER INFORMATION CONTACT:     If                 or waterway users if normal vessel                     the movement of all vessels in the
                                           you have questions on this rule, call or                traffic were to interfere with the event.              regulated area. When hailed or signaled
                                           email Petty Officer Kevin Kyles,                        The purpose of this rule is to ensure                  by an official patrol vessel, a vessel shall
                                           Waterways Management Division, U.S.                     safety of participants, spectators, and                come to an immediate stop and comply
                                           Coast Guard; telephone 361–939–5125,                    transiting vessels in the regulated area               with the directions given. Failure to do
                                           email Kevin.L.Kyles@uscg.mil.                           before, during, and after the Youth                    so may result in expulsion from the
                                                                                                   World’s Championship regatta.                          area, citation for failure to comply, or
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   IV. Discussion of the Rule                             both.
                                           I. Table of Abbreviations                                                                                         The COTP or a designated
                                                                                                      This rule establishes a temporary                   representative may terminate the event
                                           CFR Code of Federal Regulations                         special local regulation from 6:15 a.m.
                                           COTP Captain of the Port Sector Corpus                                                                         or the operation of any vessel at any
                                                                                                   through 3 p.m. each day from July 14,                  time it is deemed necessary for the
                                             Christi
                                           DHS Department of Homeland Security                     2018 through July 21, 2018 in Corpus                   protection of life or property. The COTP
                                           FR Federal Register                                     Christi Bay, approximately 3,000 feet                  or a designated representative can
                                           NPRM Notice of proposed rulemaking                      east of People’s Street T-Head in Corpus               terminate enforcement of the special
                                           § Section                                               Christi, TX. The regatta will be inside a              local regulations at the conclusion of the
                                           U.S.C. United States Code                               rectangular area with the most                         event.
                                                                                                   northwestern point located at 27°47′31″                   The COTP or a designated
                                           II. Background Information and
                                                                                                   N, 97°22′33.05″ W, most northeastern                   representative would inform the public
                                           Regulatory History
                                                                                                   point located at 27°47′29.46″ N,                       of the enforcement times for this safety
                                              The Coast Guard is issuing this                      97°19′44.26″ W, most southeastern point                zone through Broadcast Notices to
                                           temporary rule without prior notice and                 located at 27°46′12.06″ N, 97°19′44.78″                Mariners (BNMs), Local Notices to
                                           opportunity to comment pursuant to                      W, and the most southwestern located at                Mariners (LNMs), and/or Marine Safety
                                           authority under section 4(a) of the                     27°46′09.55″ N, 97°22′28.78″ W. The                    Information Bulletins (MSIBs) as
                                           Administrative Procedure Act (APA)                      duration of the special local regulation               appropriate.
                                           (5 U.S.C. 553(b)). This provision                       is intended to protect the public from
                                           authorizes an agency to issue a rule                    potential navigation hazards before,                   V. Regulatory Analyses
                                           without prior notice and opportunity to                 during, and after the event. No vessel or                We developed this rule after
                                           comment when the agency for good                        person is permitted to enter the                       considering numerous statutes and
                                           cause finds that those procedures are                   regulated area without obtaining                       Executive orders related to rulemaking.
                                           ‘‘impracticable, unnecessary, or contrary               permission from the COTP or a                          Below we summarize our analyses
                                           to the public interest.’’ Under 5 U.S.C.                designated representative. A designated                based on a number of these statutes and
                                           553(b)(3)(B), the Coast Guard finds that                representative may be a Patrol                         Executive orders, and we discuss First
                                           good cause exists for not publishing a                  Commander (PATCOM). The PATCOM                         Amendment rights of protestors.
                                           notice of proposed rulemaking (NPRM)                    will be aboard either a Coast Guard or
                                           with respect to this rule because it                    Coast Guard Auxiliary vessel. The                      A. Regulatory Planning and Review
                                           would be impracticable. This safety                     PATCOM may be contacted on Channel                        Executive Orders 12866 and 13563
                                           zone must be established by July 14,                    16 VHF–FM (156.8 MHz) by the call                      direct agencies to assess the costs and
                                           2018 and we lack sufficient time to                     sign ‘‘PATCOM’’.                                       benefits of available regulatory
                                           provide a reasonable comment period                        All persons and vessels not registered              alternatives and, if regulation is
                                           and then consider those comments                        with the sponsor as participants or                    necessary, to select regulatory
                                           before issuing this rule. The NPRM                      official patrol vessels are considered                 approaches that maximize net benefits.
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                                           process would delay the establishment                   spectators. The ‘‘official patrol vessels’’            Executive Order 13771 directs agencies
                                           of the special local regulation until after             consist of any Coast Guard, state, or                  to control regulatory costs through a
                                           the scheduled date of the regatta and                   local law enforcement and sponsor                      budgeting process. This rule has not
                                           compromise public safety.                               provided vessels assigned or approved                  been designated a ‘‘significant
                                              Under 5 U.S.C. 553(d)(3), the Coast                  by the COTP to patrol the regulated                    regulatory action’’ under Executive
                                           Guard finds that good cause exists for                  area.                                                  Order 12866. Accordingly, this rule has


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                                           30342              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           not been reviewed by the Office of                      Fairness Act of 1996 (Pub. L. 104–121),                Directive 023–01 and Commandant
                                           Management and Budget (OMB), and                        we want to assist small entities in                    Instruction M16475.1D, which guide the
                                           pursuant to OMB guidance it is exempt                   understanding this rule. If the rule                   Coast Guard in complying with the
                                           from the requirements of Executive                      would affect your small business,                      National Environmental Policy Act of
                                           Order 13771.                                            organization, or governmental                          1969 (42 U.S.C. 4321–4370f), and have
                                              This regulatory action determination                 jurisdiction and you have questions                    made a preliminary determination that
                                           is based on size, location, duration, and               concerning its provisions or options for               this action is one of a category of actions
                                           time-of-day for the special local                       compliance, please contact the person                  that do not individually or cumulatively
                                           regulation. Vessel traffic will be able to              listed in the FOR FURTHER INFORMATION                  have a significant effect on the human
                                           safely navigate around the regulated                    CONTACT section. The Coast Guard will                  environment. This rule is a special local
                                           area, which will impact only a small                    not retaliate against small entities that              regulation that limits daily access to
                                           portion of the Laguna Madre for 3 hours                 question or complain about this rule or                certain navigable waters of Corpus
                                           and 15 minutes on one day. Moreover,                    any policy or action of the Coast Guard.               Christi Bay over eight days. Normally
                                           the Coast Guard will issue Broadcast                                                                           such actions are categorically excluded
                                           Notices to Mariners (BNMs) via VHF–                     C. Collection of Information
                                                                                                                                                          from further review under paragraph
                                           FM marine channel 16 about the                            This rule would not call for a new                   L61 of Appendix A, Table 1 of DHS
                                           regulation so that waterway users may                   collection of information under the                    Instruction Manual 023–01–001–01,
                                           plan accordingly for transits during this               Paperwork Reduction Act of 1995 (44                    Rev. 01. A preliminary Record of
                                           restriction, and the rule allows vessels                U.S.C. 3501–3520).                                     Environmental Consideration
                                           to seek permission from the COTP or a                                                                          supporting this determination is
                                           designated representative to enter the                  D. Federalism and Indian Tribal
                                                                                                   Governments                                            available in the docket where indicated
                                           regulated area.                                                                                                under ADDRESSES.
                                                                                                      A rule has implications for federalism
                                           B. Impact on Small Entities                             under Executive Order 13132,                           G. Protest Activities
                                              The Regulatory Flexibility Act of                    Federalism, if it has a substantial direct               The Coast Guard respects the First
                                           1980, 5 U.S.C. 601–612, as amended,                     effect on the States, on the relationship              Amendment rights of protesters.
                                           requires Federal agencies to consider                   between the national government and                    Protesters are asked to contact the
                                           the potential impact of regulations on                  the States, or on the distribution of                  person listed in the FOR FURTHER
                                           small entities during rulemaking. The                   power and responsibilities among the                   INFORMATION CONTACT section to
                                           term ‘‘small entities’’ comprises small                 various levels of government. We have                  coordinate protest activities so that your
                                           businesses, not-for-profit organizations                analyzed this rule under that Order and                message can be received without
                                           that are independently owned and                        have determined that it is consistent                  jeopardizing the safety or security of
                                           operated and are not dominant in their                  with the fundamental federalism                        people, places or vessels.
                                           fields, and governmental jurisdictions                  principles and preemption requirements
                                           with populations of less than 50,000.                   described in Executive Order 13132.                    List of Subjects in 33 CFR Part 100
                                           The Coast Guard certifies under 5 U.S.C.                   Also, this rule does not have tribal                  Marine safety, Navigation (water),
                                           605(b) that this rule will not have a                   implications under Executive Order                     Reporting and recordkeeping
                                           significant economic impact on a                        13175, Consultation and Coordination                   requirements, Waterways.
                                           substantial number of small entities.                   with Indian Tribal Governments,
                                              While some owners or operators of                    because it would not have a substantial                  For the reasons discussed in the
                                           vessels intending to transit the                        direct effect on one or more Indian                    preamble, the Coast Guard amends 33
                                           temporary regulated area may be small                   tribes, on the relationship between the                CFR part 100 as follows:
                                           entities, for the reasons stated in section             Federal Government and Indian tribes,                  PART 100—SAFETY OF LIFE ON
                                           V.A above, this rule will not have a                    or on the distribution of power and                    NAVIGABLE WATERS
                                           significant economic impact on any                      responsibilities between the Federal
                                           vessel owner or operator.                               Government and Indian tribes. If you                   ■ 1. The authority citation for part 100
                                              Under section 213(a) of the Small                    believe this rule has implications for                 continues to read as follows:
                                           Business Regulatory Enforcement                         federalism or Indian tribes, please
                                           Fairness Act of 1996 (Pub. L. 104–121),                                                                          Authority: 33 U.S.C. 1233; 33 CFR
                                                                                                   contact the person listed in the FOR                   1.05–1.
                                           we want to assist small entities in                     FURTHER INFORMATION CONTACT section.
                                           understanding this rule. If the rule                                                                           ■ 2. Add § 100.35T08–0340 to read as
                                           would affect your small business,                       E. Unfunded Mandates Reform Act
                                                                                                                                                          follows:
                                           organization, or governmental                             The Unfunded Mandates Reform Act
                                           jurisdiction and you have questions                     of 1995 (2 U.S.C. 1531–1538) requires                  § 100.35T08–0340 Special Local
                                           concerning its provisions or options for                Federal agencies to assess the effects of              Regulation; Corpus Christi Bay, Corpus
                                           compliance, please contact the person                                                                          Christi, TX.
                                                                                                   their discretionary regulatory actions. In
                                           listed in the FOR FURTHER INFORMATION                   particular, the Act addresses actions                    (a) Location. The following area is a
                                           CONTACT section.                                        that may result in the expenditure by a                special local regulation: All navigable
                                              If you think that your business,                     State, local, or tribal government, in the             waters inside approximate rectangular
                                           organization, or governmental                           aggregate, or by the private sector of                 area from with the most northwestern
                                           jurisdiction qualifies as a small entity                $100,000,000 (adjusted for inflation) or               point located at 27°47′31″ N,
                                           and that this rule would have a                         more in any one year. Though this rule                 97°22′33.05″ W, the most northeastern
                                           significant economic impact on it,                      would not result in such an                            point being located at 27°47′29.46″ N,
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                                           please submit a comment (see                            expenditure, we do discuss the effects of              97°19′44.26″ W, the most southeastern
                                           ADDRESSES) explaining why you think it                  this rule elsewhere in this preamble.                  point located at 27°46′12.06″ N,
                                           qualifies and how and to what degree                                                                           97°19′44.78″ W, and the most
                                           this rule would economically affect it.                 F. Environment                                         southwestern located at 27°46′09.55″ N,
                                              Under section 213(a) of the Small                      We have analyzed this rule under                     97°22′28.78″ W, in Corpus Christi Bay,
                                           Business Regulatory Enforcement                         Department of Homeland Security                        approximately 3,000 feet east of


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                                                              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations                                         30343

                                           People’s Street T-Head in Corpus                          (8) The COTP or a designated                         I. Table of Abbreviations
                                           Christi, TX.                                            representative will terminate
                                                                                                                                                          AIS Automatic identification system
                                              (b) Effective period. This section is                enforcement of the special local
                                                                                                                                                          CFR Code of Federal Regulations
                                           effective from 6:15 a.m. on July 14, 2018               regulations at the conclusion of the                   DHS Department of Homeland Security
                                           through 3 p.m. on July 21, 2018.                        event.                                                 NPRM Notice of proposed rulemaking
                                              (c) Enforcement period. This section                   (d) Information broadcasts. The COTP                 § Section
                                           will be enforced from 6:15 a.m. through                 or a designated representative will                    U.S.C. United States Code
                                           3 p.m. during each day of the effective                 inform the public of the enforcement
                                           period.                                                 times and date for this safety zone                    II. Background Information and
                                              (d) Regulations. (1) In accordance                   through Broadcast Notices to Mariners                  Regulatory History
                                           with the general regulations in § 100.35                (BNMs), Local Notices to Mariners
                                           of this part, entry into this zone is                   (LNMs), and/or Marine Safety                             The Coast Guard is establishing two
                                           prohibited unless authorized by the                     Information Bulletins (MSIBs) as                       anchorage grounds, one in the vicinity
                                           Captain of the Port Sector Corpus                       appropriate.                                           of Carleton Island, New York, and the
                                           Christi (COTP) or a designated                                                                                 second near Tibbetts Point, New York.
                                                                                                     Dated: June 21, 2018.
                                           representative. A designated                                                                                   Each area has historically been used as
                                                                                                   E.J. Gaynor
                                           representative may be a Patrol                                                                                 an anchorage and the Saint Lawrence
                                                                                                   Captain, U.S. Coast Guard, Captain of the              Seaway Development Corporation, at
                                           Commander (PATCOM). The PATCOM                          Port Sector Corpus Christi.
                                           may be aboard either a Coast Guard or                                                                          the request of its waterway users, has
                                                                                                   [FR Doc. 2018–13898 Filed 6–27–18; 8:45 am]
                                           Coast Guard Auxiliary vessel. The Patrol                                                                       requested each area to be officially
                                                                                                   BILLING CODE 9110–04–P                                 designated as Federal Anchorage
                                           Commander may be contacted on
                                           Channel 16 VHF–FM (156.8 MHz) by                                                                               Grounds.
                                           the call sign ‘‘PATCOM’’.                               DEPARTMENT OF HOMELAND                                   Without this designation, pilots who
                                              (2) All persons and vessels not                      SECURITY                                               anchor a ship in the respective areas are
                                           registered with the sponsor as                                                                                 unable to disembark during sustained
                                           participants or official patrol vessels are             Coast Guard                                            delay periods which hinder compliance
                                           considered spectators. The ‘‘official                                                                          with rest requirements and complicate
                                           patrol vessels’’ consist of any Coast                   33 CFR Part 110                                        pilot availability and logistics for other
                                           Guard, state, or local law enforcement                                                                         vessels. On February 2, 2018, the Coast
                                                                                                   [Docket Number USCG–2017–1125]
                                           and sponsor provided vessels assigned                                                                          Guard published a notice of proposed
                                           or approved by the COTP or a                            RIN 1625–AA01                                          rulemaking (NPRM) titled Saint
                                           designated representative to patrol the                                                                        Lawrence Seaway Anchorages (83 FR
                                           regulated area.                                         Anchorage Grounds; Saint Lawrence                      4882). The NPRM discussed the need
                                              (3) Spectator vessels desiring to                    Seaway, Cape Vincent, New York                         for the rule and invited the public to
                                           transit the regulated area may do so only               AGENCY:    Coast Guard, DHS.                           comment on the proposed regulatory
                                           with prior approval of the COTP or a                                                                           action related to this Anchorage
                                                                                                   ACTION:   Final rule.
                                           designated representative and when so                                                                          Grounds establishment. During the
                                           directed by that officer will be operated               SUMMARY:   The Coast Guard is                          comment period that ended May 3,
                                           at a minimum safe navigation speed in                   establishing, at the request of the Saint              2018, we received two comments. One
                                           a manner which will not endanger                        Lawrence Seaway Development                            comment was not relevant to the
                                           participants in the regulated area or any               Corporation, two separate anchorage                    proposed rule and the other comment
                                           other vessels.                                          grounds, Carleton Island Anchorage and                 expressed support of the proposal.
                                              (4) No spectator vessel shall anchor,                Tibbetts Point Anchorage, near Cape
                                           block, loiter, or impede the through                    Vincent, New York. The Federal                         III. Legal Authority and Need for Rule
                                           transit of participants or official patrol              Anchorage Ground designations will                       The Coast Guard is issuing this rule
                                           vessels in the regulated area during the                enable a pilot to disembark a safely                   under authority in 33 U.S.C. 471, 1221
                                           effective dates and times, unless cleared               anchored vessel which will help reduce                 through 1236, 2071; 33 CFR 1.05–1;
                                           for entry by or through an official patrol              pilot fatigue, increase pilot availability,
                                           vessel.                                                                                                        Department of Homeland Security
                                                                                                   and reduce costs incurred by vessels                   Delegation No. 0170.1.
                                              (5) Spectator vessels may anchor                     transiting the Seaway.
                                           outside the regulated area, but may not                                                                          The Coast Guard recognizes the need
                                                                                                   DATES: This rule is effective July 30,
                                           anchor in, block, or loiter in a navigable                                                                     to establish two anchorage grounds, one
                                                                                                   2018.
                                           channel.                                                                                                       in the vicinity of Carleton Island, New
                                              (6) The COTP or a designated                         ADDRESSES:   To view documents                         York and the second near Tibbetts
                                           representative may forbid and control                   mentioned in this preamble as being                    Point, New York. Each area has
                                           the movement of all vessels in the                      available in the docket, go to http://                 historically been used as an anchorage
                                           regulated area. When hailed or signaled                 www.regulations.gov, type USCG–2017–                   and the Saint Lawrence Seaway
                                           by an official patrol vessel, a vessel shall            1125 in the ‘‘SEARCH’’ box and click                   Development Corporation, at the request
                                           come to an immediate stop and comply                    ‘‘SEARCH.’’ Click on Open Docket                       of its waterway users, has requested
                                           with the directions given. Failure to do                Folder on the line associated with this                each area to be officially designated as
                                           so may result in expulsion from the                     rule.                                                  Federal Anchorage Grounds.Without
                                           area, citation for failure to comply, or                FOR FURTHER INFORMATION CONTACT: If                    this designation, pilots who anchor a
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                                           both.                                                   you have questions on this rule, call or               ship in the respective areas are unable
                                              (7) The COTP or a designated                         email Lieutenant Jason Radcliffe, Ninth                to disembark during sustained delay
                                           representative may terminate the event                  District, Waterways Operations, U.S.                   periods which hinder compliance with
                                           or the operation of any vessel at any                   Coast Guard; telephone 216–902–6060,                   rest requirements and complicate pilot
                                           time it is deemed necessary for the                     email jason.a.radcliffe2@uscg.mil.                     availability and logistics for other
                                           protection of life or property.                         SUPPLEMENTARY INFORMATION:                             vessels.


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Document Created: 2018-11-06 09:54:58
Document Modified: 2018-11-06 09:54:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on July 14, 2018 through 3 p.m. on July 21, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Kevin Kyles, Waterways Management Division, U.S. Coast Guard; telephone 361-939-5125, email [email protected]
FR Citation83 FR 30340 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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