[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Proposed Rules]
[Pages 8157-8159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0033]
RIN 1625-AA00


Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for all navigable waters of Corpus Christi Bay and the Corpus 
Christi Ship Channel. This action is necessary to provide for the 
safety of life on these navigable waters near the Corpus Christi 
Bayfront, during an airshow taking place from April 29, 2021 through 
May 2, 2021. This proposed rulemaking would prohibit persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port Sector Corpus Christi or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 5, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0033 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Margaret Brown, Waterways 
Management Division, Sector Corpus Christi, U.S. Coast Guard, email 
Margaret.A.Brown@uscg.mil; telephone 361-244-4784.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 20, 2020, Schultz Airshows notified the Coast Guard 
that the Buccaneer Commission will host the Wings Over South Texas 
Airshow daily, 11:30 a.m. to 4:30 p.m. from April 29, 2021 through May 
2, 2021. The Airshow's aerobatic box will take place over Corpus 
Christi Bay within a rectangular zone defined by the following 
coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' 
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W. The Captain of the Port Sector Corpus Christi 
(COTP) has determined that potential hazards associated with the 
Airshow would be a safety concern for anyone within the defined area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the aerobatic box before, during, and 
after the scheduled event. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone daily from 11:30 
a.m. to 4:30 p.m. from April 29, 2021 through May 2, 2021. The safety 
zone would cover all navigable waters within a rectangular zone defined 
by the following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and 
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 11:30 a.m. to 4:30 p.m. 
airshow. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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.

[[Page 8158]]

A. Regulatory Planning and Review

    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic, 
including that which transits the portion of the Corpus Christi Ship 
Channel that is within the zone, would be permitted to move before and 
after the effective time of the zone. Moreover, the Coast Guard would 
issue a Broadcast Notive to Mariners via FHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission to enter 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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 proposed 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 call or email 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 proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed rule has implications for federalism or 
Indian tribes, please call or email 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 proposed 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 proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 proposed rule involves safety 
zone lasting 5 hours daily for 4 days that would prohibit entry within 
the defined aerobatic box. Normally such actions are categorically 
excluded from further review under paragraph L60 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary 
Memorandum for Record supporting this determination is available in the 
docket. For instructions on locating the docket, see the ADDRESSES 
section of this preamble. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

[[Page 8159]]

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0033 to read as follows:


Sec.  165.T08-0033   Safety Zone; Corpus Christi Bay, Corpus Christi, 
TX.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Corpus Christi Bay within the following defined 
coordinates: 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69'' 
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W; 
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78'' 
N, 097[deg]23'16.1'' W.
    (b) Effective period. This section is effective daily from 11:30 
a.m. to 4:30 p.m. from April 29, 2021 through May 2, 2021.
    (c) Regulations. (1) According to the general regulations in Sec.  
165.23, entry into this temporary safety zone is prohibited unless 
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a 
designated representative. They may be contacted on Channel 16 VHF-FM 
(156.8 MHz) or by telephone at 361-939-0450.
    (2) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: January 29, 2021.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-02323 Filed 2-3-21; 8:45 am]
BILLING CODE 9110-04-P


