9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0546]
RIN 1625-AA00
Safety Zone; Laguna Madre, South Padre Island, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for certain
navigable waters in the Laguna Madre. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by a firework display
launched from a barge in the Laguna Madre, South Padre Island, Texas. Entry of vessels
or persons into this zone is prohibited unless specifically authorized by the Captain of the
Port, Sector Corpus Christi or a designated representative.
DATES: This rule is effective without notice from [INSERT DATE OF PUBLICATION
IN THE FEDERAL REGISTER], through August 30, 2024. It will be subject to
enforcement from the hours of 9:30 p.m. through 11:59 p.m. each of the following dates:
June 25, 28; July 2, 5, 9, 12, 16, 19, 23, 26, 30; and August 2, 6, 9, 16, 23, 30, but that
enforcement schedule is subject to change. For the purposes of enforcement, actual
notice will be used from June 25, 2024, until [INSERT DATE OF PUBLICATION IN
THE FEDERAL REGISTER].
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0546 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 about this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-5130, email
CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency for good cause
finds that those procedures are “impracticable, unnecessary, or contrary to the public
interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone as soon as possible to protect
personnel, vessels, and the marine environment from potential hazards created by the
fireworks displays occurring daily now.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be contrary to the public interest because
immediate action is needed to respond to the potential safety hazards associated with
fireworks launched from a barge in the waters of the Laguna Madre.
III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards
associated with a fireworks display will be a safety concern for anyone within a 700-yard
radius from a stationary barge from which the fireworks will be launched. The purpose of
this rule is to ensure safety of vessels and persons on these navigable waters in the safety
zone while the display of the fireworks takes place in the Laguna Madre.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from June 25, 2024, until August 30,
2024. The safety zone will be subject to enforcement from the hours of 9:30 p.m. through
11:59 p.m. each day it is in effect. It is anticipated that fireworks will only take place
each of the following nights: June 25, 28; July 2, 5, 9, 12, 16, 19, 23, 26, 30; and August
2, 6, 9, 16, 23, 30, but that schedule is subject to change. 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. The safety zone will encompass certain
navigable waters of the Laguna Madre and is defined by a 700-yard radius around the
launching platform. The regulated area encompasses a 700-yard radius from the
following point; 26° 6’ 02.1” N, 97° 10’ 17.7” W. No vessel or person is permitted to
enter the temporary safety zone during the effective period without obtaining permission
from the COTP or a designated representative, who may be contacted on Channel 16
VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and Executive orders
related to rulemaking. Below we summarize our analyses based on a number of these
statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits
of available regulatory alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. This rule has not been designated a “significant
regulatory action,” under Executive Order 12866. Accordingly, this rule has not been
reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, and duration of
the safety zone. It is anticipated that the temporary safety zone will only be subject to
enforcement for a short period (2.5 hours) on each of the following nights: on June 25,
28; July 2, 5, 9, 12, 16, 19, 23, 26, 30; and August 2, 6, 9, 16, 23, 30. The zone is limited
to a 700-yard radius of the launching position in the navigable waters of the Laguna
Madre. The rule does not completely restrict the traffic within a waterway and allows
mariners to request permission to enter the zone.
B. Impact on Small Entities
Because the Coast Guard has determined that this temporary final rule is exempt
from notice and comment rulemaking requirements, the provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–612, do not apply to this action.
C. Collection of Information
This rule will not call for a new collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132, Federalism,
if it has a substantial direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and responsibilities among the
various levels of government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism principles and
preemption requirements described in Executive Order 13132.

Also, this rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because it does not have
a substantial direct effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires
Federal agencies to assess the effects of their discretionary regulatory actions. In
particular, the Act addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted
for inflation) or more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security Directive
023-01, and Environmental Planning, COMDTINST 5090.1 (series), which guide the
Coast Guard in complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4370f) and have determined that this action is one of a category of actions
that do not individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety zone for navigable
waters of the Laguna Madre in a zone defined by a 700-yard radius from the following
coordinate: 26° 6’ 02.1” N, 97° 10’ 17.7” W. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction

Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part
165 as follows:
PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS
AREAS
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.
2. Add § 165.T08-0546 to read as follows:
§ 165.T08-0546 Safety Zone; Laguna Madre, South Padre Island, TX
(a) Location. The following area is a safety zone: all navigable waters of the
Laguna Madre encompassed by a 700-yard radius from the following point; 26° 6’ 02.1”
N, 97° 10’ 17.7” W.
(b) Effective period. This section is effective from June 25, 2024, to August 30,
2024. It will be subject to enforcement from 9:30 p.m. through 11:59 p.m. each night, on
June 25, 28; July 2, 5, 9, 12, 16, 19, 23, 26, 30 and August 2, 6, 9, 16, 23, 30, although

the dates it is subject to enforcement may change.
(c) Regulations. (1) According to the general regulations in § 165.23 of this part,
entry into the temporary safety zone described in paragraph (a) of this section 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: June 24, 2024.

David C. Barata,
RADM, U.S. Coast Guard,
Commander, Eighth Coast Guard District
[FR Doc. 2024-14317 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]