83_FR_30674 83 FR 30548 - Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX

83 FR 30548 - Special Local Regulation; Corpus Christi Bay, Corpus Christi, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30548-30551
FR Document2018-14021

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 regulated area is prohibited unless authorized by the Captain of the Port Sector Corpus Christi or designated representative.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30548-30551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14021]


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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 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 regulated area is prohibited 
unless authorized by the Captain of the Port Sector Corpus Christi or 
designated representative.

DATES: This rule is effective from 6:15 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-

[[Page 30549]]

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 [email protected].

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 regulated area 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 
027[deg]47'31'' N, 097[deg]22'33.05'' W, most northeastern point 
located at 027[deg]47'29.46'' N, 097[deg]19'44.26'' W, most 
southeastern point located at 027[deg]46'12.06'' N, 097[deg]19'44.78'' 
W, and the most southwestern located at 027[deg]46'09.55'' N, 
097[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 regulated area 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 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

[[Page 30550]]

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 027[deg]47'31'' N, 097[deg]22'33.05'' W, 
the most northeastern point being located at 027[deg]47'29.46'' N, 
097[deg]19'44.26'' W, the most southeastern point located at 
027[deg]46'12.06'' N, 097[deg]19'44.78'' W, and the most southwestern 
located at 027[deg]46'09.55'' N, 097[deg]22'28.78'' W, in Corpus 
Christi Bay, approximately 3,000 feet east of 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, entry into this regulated area is prohibited unless 
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a 
designated representative. A designated

[[Page 30551]]

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.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs) as appropriate.

    Dated: June 25, 2018.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2018-14021 Filed 6-28-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              30548                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                                 (C) to have attempted to engage in any of            emergency declared in this order, there need           6. Sergey Kusiuk; DOB December 1, 1966;
                                              the activities described in subsections (iii)(A)        be no prior notice of a listing or                          nationality, Ukraine; alt. nationality,
                                              or (B) of this section.                                 determination made pursuant to this order.                  Russia
                                                 (b) The prohibitions in subsection (a) of               SEC. 8. The Secretary of the Treasury, in           7. Benjamin Bol Mel; DOB January 3, 1978;
                                              this section apply except to the extent                 consultation with the Secretary of State, is                alt. DOB December 24, 1978; nationality,
                                              provided by statutes, or in regulations,                hereby authorized to take such actions,                     South Sudan; alt. nationality, Sudan
                                              orders, directives, or licenses that may be             including adopting rules and regulations, and          8. Julio Antonio Juarez Ramirez; DOB
                                              issued pursuant to this order, and                      to employ all powers granted to me by IEEPA                 December 1, 1980; nationality,
                                              notwithstanding any contract entered into or            and the Act as may be necessary to                          Guatemala
                                              any license or permit granted before the                implement this order and section 1263(a) of            9. Goulnora Islamovna Karimova; DOB July
                                              effective date of this order.                           the Act with respect to the determinations                  8, 1972; nationality, Uzbekistan
                                                 SEC. 2. The unrestricted immigrant and               provided for therein. The Secretary of the             10. Slobodan Tesic; DOB December 21, 1958;
                                              nonimmigrant entry into the United States of            Treasury may, consistent with applicable                    nationality, Serbia
                                              aliens determined to meet one or more of the            law, redelegate any of these functions to              11. Artem Yuryevich Chayka; DOB
                                              criteria in section 1 of this order would be            other officers and agencies of the United                   September 25, 1975; nationality, Russia
                                              detrimental to the interests of the United              States. All agencies shall take all appropriate        12. Gao Yan; DOB April 1963; nationality,
                                              States, and the entry of such persons into the          measures within their authority to implement                China
                                              United States, as immigrants or                         this order.                                            13. Roberto Jose Rivas Reyes; DOB July 6,
                                              nonimmigrants, is hereby suspended. Such                   SEC. 9. The Secretary of State is hereby
                                                                                                                                                                  1954; nationality, Nicaragua
                                              persons shall be treated as persons covered             authorized to take such actions, including
                                              by section 1 of Proclamation 8693 of July 24,           adopting rules and regulations, and to                   Dated: June 26, 2018.
                                              2011 (Suspension of Entry of Aliens Subject             employ all powers granted to me by IEEPA,              Andrea Gacki,
                                              to United Nations Security Council Travel               the INA, and the Act as may be necessary to            Acting Director, Office of Foreign Assets
                                              Bans and International Emergency Economic               carry out section 2 of this order and, in              Control.
                                              Powers Act Sanctions).                                  consultation with the Secretary of the
                                                                                                      Treasury, the reporting requirement in                   Approved:
                                                 SEC. 3. I hereby determine that the making
                                                                                                      section 1264(a) of the Act with respect to the           Dated: June 26, 2018.
                                              of donations of the types of articles specified
                                              in section 203(b)(2) of IEEPA (50 U.S.C.                reports provided for in section 1264(b)(2) of          Sigal P. Mandelker,
                                              1702(b)(2)) by, to, or for the benefit of any           that Act. The Secretary of State may,                  Under Secretary, Office of Terrorism and
                                              person whose property and interests in                  consistent with applicable law, redelegate             Financial Intelligence, Department of the
                                                                                                      any of these functions to other officers and           Treasury.
                                              property are blocked pursuant to this order
                                                                                                      agencies of the United States consistent with
                                              would seriously impair my ability to deal                                                                      [FR Doc. 2018–14060 Filed 6–28–18; 8:45 am]
                                                                                                      applicable law.
                                              with the national emergency declared in this
                                                                                                         SEC. 10. The Secretary of the Treasury, in          BILLING CODE 4810–AL–P
                                              order, and I hereby prohibit such donations
                                                                                                      consultation with the Secretary of State and
                                              as provided by section 1 of this order.                 the Attorney General, is hereby authorized to
                                                 SEC. 4. The prohibitions in section 1
                                                                                                      determine that circumstances no longer
                                              include:                                                                                                       DEPARTMENT OF HOMELAND
                                                                                                      warrant the blocking of the property and
                                                 (a) The making of any contribution or                interests in property of a person listed in the        SECURITY
                                              provision of funds, goods, or services by, to,          Annex to this order, and to take necessary
                                              or for the benefit of any person whose                  action to give effect to that determination.           Coast Guard
                                              property and interests in property are                     SEC. 11. The Secretary of the Treasury, in
                                              blocked pursuant to this order; and                     consultation with the Secretary of State, is           33 CFR Part 100
                                                 (b) the receipt of any contribution or               hereby authorized to submit recurring and
                                              provision of funds, goods, or services from             final reports to the Congress on the national          [Docket Number USCG–2018–0340]
                                              any such person.                                        emergency declared in this order, consistent           RIN 1625–AA08
                                                 SEC. 5. (a) Any transaction that evades or           with section 401(c) of the NEA (50 U.S.C.
                                              avoids, has the purpose of evading or                   1641(c)) and section 204(c) of IEEPA (50               Special Local Regulation; Corpus
                                              avoiding, causes a violation of, or attempts to         U.S.C. 1703(c)).
                                              violate any of the prohibitions set forth in
                                                                                                                                                             Christi Bay, Corpus Christi, TX
                                                                                                         SEC. 12. This order is effective at 12:01
                                              this order is prohibited.                               a.m., Eastern Standard Time, December 21,              AGENCY:    Coast Guard, DHS.
                                                 (b) Any conspiracy formed to violate any             2017.                                                  ACTION:   Temporary final rule.
                                              of the prohibitions set forth in this order is             SEC. 13. This order is not intended to, and
                                              prohibited.                                             does not, create any right or benefit,                 SUMMARY:   The Coast Guard is
                                                 SEC. 6. For the purposes of this order:              substantive or procedural, enforceable at law          establishing a temporary special local
                                                 (a) The term ‘‘person’’ means an individual          or in equity by any party against the United
                                              or entity;                                              States, its departments, agencies, or entities,
                                                                                                                                                             regulation for certain navigable waters
                                                 (b) the term ‘‘entity’’ means a partnership,         its officers, employees, or agents, or any other       of Corpus Christi Bay. This action is
                                              association, trust, joint venture, corporation,         person.                                                necessary to protect marine event
                                              group, subgroup, or other organization; and             Donald J. Trump                                        participants, spectators and transiting
                                                 (c) the term ‘‘United States person’’ means          THE WHITE HOUSE,                                       vessels on these navigable waters during
                                              any United States citizen, permanent resident
                                                                                                      December 20, 2017.
                                                                                                                                                             the Youth World’s Championship
                                              alien, entity organized under the laws of the                                                                  regatta held at the Corpus Christi Yacht
                                              United States or any jurisdiction within the                                                                   Club. Entry of vessels or persons into
                                              United States (including foreign branches), or          Annex
                                                                                                                                                             this regulated area is prohibited unless
                                              any person in the United States.                        1. Mukhtar Hamid Shah; Date of Birth (DOB)
                                                 SEC. 7. For those persons whose property
                                                                                                                                                             authorized by the Captain of the Port
                                                                                                          August 11, 1939; alt. DOB November 8,
                                              and interests in property are blocked                       1939; nationality, Pakistan
                                                                                                                                                             Sector Corpus Christi or designated
                                              pursuant to this order who might have a                 2. Angel Rondon Rijo; DOB July 16, 1950;               representative.
sradovich on DSK3GMQ082PROD with RULES




                                              constitutional presence in the United States,               nationality, Dominican Republic                    DATES: This rule is effective from 6:15
                                              I find that because of the ability to transfer          3. Dan Gertler; DOB December 23, 1973;                 a.m. on July 14, 2018 through 3 p.m. on
                                              funds or other assets instantaneously, prior                nationality, Israel; alt. nationality,             July 21, 2018.
                                              notice to such persons of measures to be                    Democratic Republic of the Congo
                                              taken pursuant to this order would render               4. Maung Maung Soe; DOB March 1964;                    ADDRESSES: To view documents
                                              those measures ineffectual. I therefore                     nationality, Burma                                 mentioned in this preamble as being
                                              determine that for these measures to be                 5. Yahya Jammeh; DOB May 25, 1965;                     available in the docket, go to http://
                                              effective in addressing the national                        nationality, The Gambia                            www.regulations.gov, type USCG–2018–


                                         VerDate Sep<11>2014   16:30 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\29JNR1.SGM   29JNR1


                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                           30549

                                              0340 in the ‘‘SEARCH’’ box and click                    boating course. Potential hazards                      outside the regulated area, but may not
                                              ‘‘SEARCH.’’ Click on Open Docket                        include risk of injury or death resulting              anchor in, block, or loiter in a navigable
                                              Folder on the line associated with this                 from near or actual contact among                      channel.
                                              rule.                                                   participant vessels and spectator vessels                The COTP or a designated
                                              FOR FURTHER INFORMATION CONTACT: If                     or waterway users if normal vessel                     representative may forbid and control
                                              you have questions on this rule, call or                traffic were to interfere with the event.              the movement of all vessels in the
                                              email Petty Officer Kevin Kyles,                        The purpose of this rule is to ensure                  regulated area. When hailed or signaled
                                              Waterways Management Division, U.S.                     safety of participants, spectators, and                by an official patrol vessel, a vessel shall
                                              Coast Guard; telephone 361–939–5125,                    transiting vessels in the regulated area               come to an immediate stop and comply
                                              email Kevin.L.Kyles@uscg.mil.                           before, during, and after the Youth                    with the directions given. Failure to do
                                                                                                      World’s Championship regatta.                          so may result in expulsion from the
                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                             area, citation for failure to comply, or
                                              I. Table of Abbreviations                               IV. Discussion of the Rule
                                                                                                                                                             both.
                                                                                                         This rule establishes a temporary                     The COTP or a designated
                                              CFR Code of Federal Regulations
                                              COTP Captain of the Port Sector Corpus
                                                                                                      special local regulation from 6:15 a.m.                representative may terminate the event
                                                Christi                                               through 3 p.m. each day from July 14,                  or the operation of any vessel at any
                                              DHS Department of Homeland Security                     2018 through July 21, 2018 in Corpus                   time it is deemed necessary for the
                                              FR Federal Register                                     Christi Bay, approximately 3,000 feet                  protection of life or property. The COTP
                                              NPRM Notice of proposed rulemaking                      east of People’s Street T-Head in Corpus               or a designated representative can
                                              § Section                                               Christi, TX. The regatta will be inside a              terminate enforcement of the special
                                              U.S.C. United States Code                               rectangular area with the most                         local regulations at the conclusion of the
                                              II. Background Information and                          northwestern point located at                          event.
                                              Regulatory History                                      027°47′31″ N, 097°22′33.05″ W, most                      The COTP or a designated
                                                                                                      northeastern point located at                          representative would inform the public
                                                 The Coast Guard is issuing this                      027°47′29.46″ N, 097°19′44.26″ W, most                 of the enforcement times for this
                                              temporary rule without prior notice and                 southeastern point located at                          regulated area through Broadcast
                                              opportunity to comment pursuant to                      027°46′12.06″ N, 097°19′44.78″ W, and                  Notices to Mariners (BNMs), Local
                                              authority under section 4(a) of the                     the most southwestern located at                       Notices to Mariners (LNMs), and/or
                                              Administrative Procedure Act (APA) (5                   027°46′09.55″ N, 097°22′28.78″ W. The                  Marine Safety Information Bulletins
                                              U.S.C. 553(b)). This provision                          duration of the special local regulation               (MSIBs) as appropriate.
                                              authorizes an agency to issue a rule                    is intended to protect the public from
                                              without prior notice and opportunity to                 potential navigation hazards before,                   V. Regulatory Analyses
                                              comment when the agency for good                        during, and after the event. No vessel or                We developed this rule after
                                              cause finds that those procedures are                   person is permitted to enter the                       considering numerous statutes and
                                              ‘‘impracticable, unnecessary, or contrary               regulated area without obtaining                       Executive orders related to rulemaking.
                                              to the public interest.’’ Under 5 U.S.C.                permission from the COTP or a                          Below we summarize our analyses
                                              553(b)(3)(B), the Coast Guard finds that                designated representative. A designated                based on a number of these statutes and
                                              good cause exists for not publishing a                  representative may be a Patrol                         Executive orders, and we discuss First
                                              notice of proposed rulemaking (NPRM)                    Commander (PATCOM). The PATCOM                         Amendment rights of protestors.
                                              with respect to this rule because it                    will be aboard either a Coast Guard or
                                              would be impracticable. This regulated                                                                         A. Regulatory Planning and Review
                                                                                                      Coast Guard Auxiliary vessel. The
                                              area must be established by July 14,                    PATCOM may be contacted on Channel                        Executive Orders 12866 and 13563
                                              2018 and we lack sufficient time to                     16 VHF–FM (156.8 MHz) by the call                      direct agencies to assess the costs and
                                              provide a reasonable comment period                     sign ‘‘PATCOM’’.                                       benefits of available regulatory
                                              and then consider those comments                           All persons and vessels not registered              alternatives and, if regulation is
                                              before issuing this rule. The NPRM                      with the sponsor as participants or                    necessary, to select regulatory
                                              process would delay the establishment                   official patrol vessels are considered                 approaches that maximize net benefits.
                                              of the special local regulation until after             spectators. The ‘‘official patrol vessels’’            Executive Order 13771 directs agencies
                                              the scheduled date of the regatta and                   consist of any Coast Guard, state, or                  to control regulatory costs through a
                                              compromise public safety.                               local law enforcement and sponsor                      budgeting process. This rule has not
                                                 Under 5 U.S.C. 553(d)(3), the Coast                  provided vessels assigned or approved                  been designated a ‘‘significant
                                              Guard finds that good cause exists for                  by the COTP to patrol the regulated                    regulatory action’’ under Executive
                                              making this rule effective less than 30                 area.                                                  Order 12866. Accordingly, this rule has
                                              days after publication in the Federal                      Spectator vessels desiring to enter,                not been reviewed by the Office of
                                              Register. Delaying the effective date of                transit through or within, or exit the                 Management and Budget (OMB), and
                                              this rule would be contrary to the public               regulated area may do so only with                     pursuant to OMB guidance it is exempt
                                              interest because immediate action is                    permission from the COTP or a                          from the requirements of Executive
                                              necessary to ensure the safety of persons               designated representative, and when                    Order 13771.
                                              and vessels during the regatta.                         permitted, must operate at a minimum                      This regulatory action determination
                                                                                                      safe navigation speed in a manner                      is based on size, location, duration, and
                                              III. Legal Authority and Need for Rule                  which will not endanger participants in                time-of-day for the special local
                                                The Coast Guard is issuing this rule                  the regulated area or any other vessels.               regulation. Vessel traffic will be able to
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                                              under authority in 33 U.S.C. 1233. The                  No spectator vessel shall anchor, block,               safely navigate around the regulated
                                              Captain of the Port Sector Corpus                       loiter, or impede the through transit of               area, which will impact only a small
                                              Christi (COTP) has determined that                      participants or official patrol vessels in             portion of the Laguna Madre for 3 hours
                                              potential hazards associated with the                   the regulated area during the effective                and 15 minutes on one day. Moreover,
                                              vessel traffic occurring on July 14, 2018               dates and times, unless cleared for entry              the Coast Guard will issue Broadcast
                                              through July 21, 2018 will be a safety                  by or through an official patrol vessel.               Notices to Mariners (BNMs) via VHF–
                                              concern for participants within the                     Any spectator vessel may anchor                        FM marine channel 16 about the


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                                              30550                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                              regulation so that waterway users may                   C. Collection of Information                           from further review under paragraph
                                              plan accordingly for transits during this                 This rule would not call for a new                   L61 of Appendix A, Table 1 of DHS
                                              restriction, and the rule allows vessels                collection of information under the                    Instruction Manual 023–01–001–01,
                                              to seek permission from the COTP or a                   Paperwork Reduction Act of 1995 (44                    Rev. 01. A preliminary Record of
                                              designated representative to enter the                  U.S.C. 3501–3520).                                     Environmental Consideration
                                              regulated area.                                                                                                supporting this determination is
                                                                                                      D. Federalism and Indian Tribal                        available in the docket where indicated
                                              B. Impact on Small Entities                             Governments                                            under ADDRESSES.
                                                 The Regulatory Flexibility Act of                       A rule has implications for federalism              G. Protest Activities
                                              1980, 5 U.S.C. 601–612, as amended,                     under Executive Order 13132,
                                                                                                      Federalism, if it has a substantial direct               The Coast Guard respects the First
                                              requires Federal agencies to consider                                                                          Amendment rights of protesters.
                                              the potential impact of regulations on                  effect on the States, on the relationship
                                                                                                      between the national government and                    Protesters are asked to contact the
                                              small entities during rulemaking. The                                                                          person listed in the FOR FURTHER
                                              term ‘‘small entities’’ comprises small                 the States, or on the distribution of
                                                                                                      power and responsibilities among the                   INFORMATION CONTACT section to
                                              businesses, not-for-profit organizations                                                                       coordinate protest activities so that your
                                              that are independently owned and                        various levels of government. We have
                                                                                                      analyzed this rule under that Order and                message can be received without
                                              operated and are not dominant in their                                                                         jeopardizing the safety or security of
                                                                                                      have determined that it is consistent
                                              fields, and governmental jurisdictions                                                                         people, places or vessels.
                                                                                                      with the fundamental federalism
                                              with populations of less than 50,000.
                                                                                                      principles and preemption requirements                 List of Subjects in 33 CFR Part 100
                                              The Coast Guard certifies under 5 U.S.C.
                                                                                                      described in Executive Order 13132.
                                              605(b) that this rule will not have a                      Also, this rule does not have tribal                  Marine safety, Navigation (water),
                                              significant economic impact on a                        implications under Executive Order                     Reporting and recordkeeping
                                              substantial number of small entities.                   13175, Consultation and Coordination                   requirements, Waterways.
                                                 While some owners or operators of                    with Indian Tribal Governments,                          For the reasons discussed in the
                                              vessels intending to transit the                        because it would not have a substantial                preamble, the Coast Guard amends 33
                                              temporary regulated area may be small                   direct effect on one or more Indian                    CFR part 100 as follows:
                                              entities, for the reasons stated in section             tribes, on the relationship between the
                                              V.A above, this rule will not have a                    Federal Government and Indian tribes,                  PART 100—SAFETY OF LIFE ON
                                              significant economic impact on any                      or on the distribution of power and                    NAVIGABLE WATERS
                                              vessel owner or operator.                               responsibilities between the Federal
                                                                                                                                                             ■ 1. The authority citation for part 100
                                                 Under section 213(a) of the Small                    Government and Indian tribes. If you
                                                                                                                                                             continues to read as follows:
                                                                                                      believe this rule has implications for
                                              Business Regulatory Enforcement                                                                                    Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
                                                                                                      federalism or Indian tribes, please
                                              Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                      contact the person listed in the FOR                   ■ 2. Add § 100.35T08–0340 to read as
                                              we want to assist small entities in
                                                                                                      FURTHER INFORMATION CONTACT section.                   follows:
                                              understanding this rule. If the rule
                                              would affect your small business,                       E. Unfunded Mandates Reform Act                        § 100.35T08–0340 Special Local
                                              organization, or governmental                             The Unfunded Mandates Reform Act                     Regulation; Corpus Christi Bay, Corpus
                                              jurisdiction and you have questions                     of 1995 (2 U.S.C. 1531–1538) requires                  Christi, TX.
                                              concerning its provisions or options for                Federal agencies to assess the effects of                (a) Location. The following area is a
                                              compliance, please contact the person                   their discretionary regulatory actions. In             special local regulation: all navigable
                                              listed in the FOR FURTHER INFORMATION                   particular, the Act addresses actions                  waters inside approximate rectangular
                                              CONTACT section.                                        that may result in the expenditure by a                area from with the most northwestern
                                                 If you think that your business,                     State, local, or tribal government, in the             point located at 027°47′31″ N,
                                              organization, or governmental                           aggregate, or by the private sector of                 097°22′33.05″ W, the most northeastern
                                              jurisdiction qualifies as a small entity                $100,000,000 (adjusted for inflation) or               point being located at 027°47′29.46″ N,
                                              and that this rule would have a                         more in any one year. Though this rule                 097°19′44.26″ W, the most southeastern
                                              significant economic impact on it,                      would not result in such an                            point located at 027°46′12.06″ N,
                                              please submit a comment (see                            expenditure, we do discuss the effects of              097°19′44.78″ W, and the most
                                              ADDRESSES) explaining why you think it                  this rule elsewhere in this preamble.                  southwestern located at 027°46′09.55″
                                              qualifies and how and to what degree                                                                           N, 097°22′28.78″ W, in Corpus Christi
                                                                                                      F. Environment
                                              this rule would economically affect it.                                                                        Bay, approximately 3,000 feet east of
                                                                                                        We have analyzed this rule under                     People’s Street T-Head in Corpus
                                                 Under section 213(a) of the Small                    Department of Homeland Security                        Christi, TX.
                                              Business Regulatory Enforcement                         Directive 023–01 and Commandant                           (b) Effective period. This section is
                                              Fairness Act of 1996 (Pub. L. 104–121),                 Instruction M16475.1D, which guide the                 effective from 6:15 a.m. on July 14, 2018
                                              we want to assist small entities in                     Coast Guard in complying with the                      through 3 p.m. on July 21, 2018.
                                              understanding this rule. If the rule                    National Environmental Policy Act of                      (c) Enforcement period. This section
                                              would affect your small business,                       1969 (42 U.S.C. 4321–4370f), and have                  will be enforced from 6:15 a.m. through
                                              organization, or governmental                           made a preliminary determination that                  3 p.m. during each day of the effective
                                              jurisdiction and you have questions                     this action is one of a category of actions            period.
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                                              concerning its provisions or options for                that do not individually or cumulatively                  (d) Regulations. (1) In accordance
                                              compliance, please contact the person                   have a significant effect on the human                 with the general regulations in § 100.35,
                                              listed in the FOR FURTHER INFORMATION                   environment. This rule is a special local              entry into this regulated area is
                                              CONTACT section. The Coast Guard will                   regulation that limits daily access to                 prohibited unless authorized by the
                                              not retaliate against small entities that               certain navigable waters of Corpus                     Captain of the Port Sector Corpus
                                              question or complain about this rule or                 Christi Bay over eight days. Normally                  Christi (COTP) or a designated
                                              any policy or action of the Coast Guard.                such actions are categorically excluded                representative. A designated


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                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                               30551

                                              representative may be a Patrol                            Dated: June 25, 2018.                                designated on-scene representative may
                                              Commander (PATCOM). The PATCOM                          E.J. Gaynor,                                           be contacted via VHF Channel 16.
                                              may be aboard either a Coast Guard or                   Captain, U.S. Coast Guard, Captain of the                This document is issued under
                                              Coast Guard Auxiliary vessel. The Patrol                Port Sector Corpus Christi.                            authority of 33 CFR 165.943 and 5
                                              Commander may be contacted on                           [FR Doc. 2018–14021 Filed 6–28–18; 8:45 am]            U.S.C. 552(a). In addition to this
                                              Channel 16 VHF–FM (156.8 MHz) by                        BILLING CODE 9110–04–P                                 publication in the Federal Register, the
                                              the call sign ‘‘PATCOM’’.                                                                                      Coast Guard will provide the maritime
                                                 (2) All persons and vessels not                                                                             community with advance notification of
                                              registered with the sponsor as                          DEPARTMENT OF HOMELAND                                 the enforcement of this safety zone via
                                              participants or official patrol vessels are             SECURITY                                               Broadcast Notice to Mariners.
                                              considered spectators. The ‘‘official                                                                            Dated: June 18, 2018.
                                              patrol vessels’’ consist of any Coast                   Coast Guard
                                                                                                                                                             E.E. Williams,
                                              Guard, state, or local law enforcement                                                                         Commander, U.S. Coast Guard, Captain of
                                              and sponsor provided vessels assigned                   33 CFR Part 165
                                                                                                                                                             the Port Duluth.
                                              or approved by the COTP or a                                                                                   [FR Doc. 2018–14012 Filed 6–28–18; 8:45 am]
                                              designated representative to patrol the                 [Docket No. USCG–2018–0607]
                                                                                                                                                             BILLING CODE 9110–04–P
                                              regulated area.
                                                                                                      Safety Zones; Recurring Events in
                                                 (3) Spectator vessels desiring to                    Captain of the Port Duluth Zone—
                                              transit the regulated area may do so only                                                                      DEPARTMENT OF HOMELAND
                                                                                                      LaPointe Fireworks
                                              with prior approval of the COTP or a                                                                           SECURITY
                                              designated representative and when so                   AGENCY:  Coast Guard, DHS.
                                              directed by that officer will be operated                                                                      Coast Guard
                                                                                                      ACTION: Notice of enforcement of
                                              at a minimum safe navigation speed in                   regulation.
                                              a manner which will not endanger                                                                               33 CFR Part 165
                                              participants in the regulated area or any               SUMMARY:   The Coast Guard will enforce                [Docket Number USCG–2018–0239]
                                              other vessels.                                          the safety zone for the LaPointe
                                                                                                      Fireworks in LaPointe, WI from 9:30                    RIN 1625–AA00
                                                 (4) No spectator vessel shall anchor,
                                              block, loiter, or impede the through                    p.m. through 11:30 p.m. on July 4, 2018,
                                                                                                                                                             Safety Zone; Tennessee River,
                                              transit of participants or official patrol              with a rain date of 9:30 p.m. through
                                                                                                                                                             Gilbertsville, KY
                                              vessels in the regulated area during the                11:30 p.m. on July 5, 2018. This action
                                              effective dates and times, unless cleared               is necessary to protect participants and               AGENCY:    Coast Guard, DHS.
                                              for entry by or through an official patrol              spectators during the LaPointe                         ACTION:   Temporary final rule.
                                              vessel.                                                 Fireworks. During the enforcement
                                                                                                      period, entry into, transiting, or                     SUMMARY:   The Coast Guard is
                                                 (5) Spectator vessels may anchor                     anchoring within the safety zone is                    establishing a temporary safety zone for
                                              outside the regulated area, but may not                 prohibited unless authorized by the                    certain waters of the Tennessee River.
                                              anchor in, block, or loiter in a navigable              Captain of the Port Duluth or designated               This action is necessary to provide for
                                              channel.                                                on-scene representative.                               the safety of life on these navigable
                                                 (6) The COTP or a designated                         DATES: The regulations in 33 CFR                       waters near the Kentucky Dam Marina,
                                              representative may forbid and control                   165.943(b) will be enforced from 9:30                  Gilbertsville, KY, during a fireworks
                                              the movement of all vessels in the                      p.m. through 11:30 p.m. on July 4, 2018,               display. Entry of vessels or persons into
                                              regulated area. When hailed or signaled                 with a rain date of 9:30 p.m. through                  this zone is prohibited unless
                                              by an official patrol vessel, a vessel shall            11:30 p.m. on July 5, 2018, for the                    authorized by the Captain of the Port
                                              come to an immediate stop and comply                    LaPointe Fireworks safety zone,                        Sector Ohio Valley or a designated
                                              with the directions given. Failure to do                § 165.943(a)(5).                                       representative.
                                              so may result in expulsion from the                                                                            DATES: This rule is effective from 6:50
                                              area, citation for failure to comply, or                FOR FURTHER INFORMATION CONTACT:      If
                                                                                                      you have questions on this document,                   p.m. through 10:10 p.m. on June 30,
                                              both.                                                                                                          2018.
                                                                                                      call or email LT John Mack, Chief of
                                                 (7) The COTP or a designated                         Waterways Management, Coast Guard;                     ADDRESSES:   To view documents
                                              representative may terminate the event                  telephone (218)725–3818, email                         mentioned in this preamble as being
                                              or the operation of any vessel at any                   DuluthWWM@uscg.mil.                                    available in the docket, go to http://
                                              time it is deemed necessary for the                                                                            www.regulations.gov, type USCG–2018–
                                                                                                      SUPPLEMENTARY INFORMATION: The Coast
                                              protection of life or property.                                                                                0239 in the ‘‘SEARCH’’ box and click
                                                                                                      Guard will enforce the safety zone for
                                                 (8) The COTP or a designated                         the annual LaPointe Fireworks in 33                    ‘‘SEARCH.’’ Click on Open Docket
                                              representative will terminate                           CFR 165.943(a)(5) from 9:30 p.m.                       Folder on the line associated with this
                                              enforcement of the special local                        through 11:30 p.m. on July 4, 2018, with               rule.
                                              regulations at the conclusion of the                    a rain date of 9:30 p.m. through 11:30                 FOR FURTHER INFORMATION CONTACT: If
                                              event.                                                  p.m. on July 5, 2018, on all waters of                 you have questions on this rule, call or
                                                 (e) Information broadcasts. The COTP                 Lake Superior bounded by the arc of a                  email MST3 Joseph Stranc, Marine
                                              or a designated representative will                     circle with a 350-foot radius from the                 Safety Unit Paducah Waterways
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                                              inform the public of the enforcement                    fireworks launch site with its center in               Division, U.S. Coast Guard; telephone
                                              times and date for this regulated area                  position 46°46′40″ N, 090°47′22″ W.                    270–442–1621 ext. 2124, email
                                              through Broadcast Notices to Mariners                      Entry into, transiting, or anchoring                Joseph.B.Stranc@uscg.mil.
                                              (BNMs), Local Notices to Mariners                       within the safety zone is prohibited                   SUPPLEMENTARY INFORMATION:
                                              (LNMs), and/or Marine Safety                            unless authorized by the Captain of the
                                              Information Bulletins (MSIBs) as                        Port Duluth or their designated on-scene               I. Table of Abbreviations
                                              appropriate.                                            representative. The Captain of the Port’s              CFR     Code of Federal Regulations



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Document Created: 2018-06-29 01:13:00
Document Modified: 2018-06-29 01:13:00
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 6:15 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 30548 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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