[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26843-26846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0134]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Sabine River in Orange, TX in support of Deep
South Racing Association (DSRA) boat races. This temporary safety zone
is necessary to protect the surrounding public and vessels from the
hazards associated with a boat race competition. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the COTP or his designated
representative.
DATES: This rule is effective May 31, 2014 through June 1, 2014. This
rule will be enforced from 8:30 a.m. until 6:00 p.m. on May 31, 2014,
and from 8:30 a.m. until 6:00 p.m. on June 1, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0134]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, U.S. Coast Guard MSU Port Arthur, (409)
719-5086 or email, [email protected]. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[[Page 26844]]
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) 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 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. The Coast Guard received notice on March 3,
2014 that this event is planned to take place May 31 and June 1, 2014.
This is the first time this event has taken place in Orange, TX, and
upon full review of the event details, the Coast Guard determined that
additional safety measures are necessary.
Completing the full NPRM process would be impracticable, delaying
the effective date for this safety zone. Immediate action is necessary
to protect event participants and members of the public from hazards
associated with high speed boat races on the waterway. This event is
advertised and the local community has planned for this event. Delaying
the safety zone may also unnecessarily interfere with the planned event
and possible contractual obligations.
For the same reasons, 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. Providing a full 30
days notice and delaying the effective date for this safety zone would
be impracticable because immediate action is necessary to protect event
participants and members of the public from the hazards present during
a personal watercraft race competition.
The Coast Guard will notify the public and maritime community that
the safety zone will be in effect and of its enforcement periods via
broadcast notices to mariners (BNM) and will be published in the Local
Notice to Mariners (LNM).
B. Basis and Purpose
The Deep South Racing Association (DSRA) is holding a two day
watercraft race competition on the Sabine River in Orange, TX on May 31
and June 1, 2014. This event poses a hazard to life and property as it
involves high speed watercraft racing in a narrow waterway frequented
by other commercial and recreational vessel traffic. Additionally, the
race event is likely to attract spectator craft to the area. The Coast
Guard determined that a temporary safety zone is needed to protect
spectators as well as persons participating in the event. The legal
basis and authorities for this rulemaking establishing a safety zone
are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to establish and
define regulatory safety zones. A safety zone is necessary to protect
vessels and mariners from the hazards associated with this high speed
boat race on the waterway.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary safety zone
encompassing all waters of the Sabine River, shoreline to shoreline,
adjacent to the Naval Reserve Unit and the Orange public boat ramps
located in Orange, TX. The northern boundary is from the end of Navy
Pier One at 30[deg]05'45'' N 93[deg]43'24'' W then easterly to the
rivers eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05'33'' N (NAD83).
This safety zone is needed to protect mariners and event
participants from hazards associated with high speed boat races. No
person or vessel may enter into or remain in the zone without
permission of the Captain of the Port.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: (1) The rule will be
enforced for 9.5 hours each day for two days; (2) scheduled breaks will
be provided to allow waiting vessels to transit safely through the
affected area; (3) persons and vessels may enter, transit through,
anchor in, or remain within the regulated area if they obtain
permission from the COTP or the designated representative; and (4)
advance notification will be made to the maritime community via
broadcast notice to mariners (BNM) and Local Notice to Mariners (LNM).
Therefore, the Coast Guard enforcement of this safety zone is not a
significant regulatory action.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit through or remain in the safety zone area. 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
for the following reasons: (1) This rule will only be enforced from
8:30 a.m. until 6 p.m. each day that it is effective; (2) during non-
enforcement hours all vessels will be allowed to transit through the
safety zone without having to obtain permission from the Captain of the
Port, Port Arthur or a designated representative; and (3) vessels will
be allowed to pass through the zone with permission of the Coast Guard
Patrol Commander during scheduled break periods between races and at
other times when permitted by the Coast Guard Patrol Commander.
3. Assistance for Small Entities
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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 26845]]
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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 a safety zone established for the
protection of spectators from the hazards associated with a personal
watercraft race competition. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A checklist and categorical exclusion determination will
be provided in the docket accessible as indicated under ADDRESSES.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary section Sec. 165.T08-0134 is added to read as
follows:
Sec. 165.T08-0134 Safety Zone; Sabine River, Orange, TX.
(a) Location. The following area is a safety zone: all waters of
the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve
Unit and the Orange public boat ramps located in Orange, TX. The
northern boundary is from the end of Navy Pier One at 30[deg]05'45'' N
93[deg]43'24'' W then easterly to the rivers eastern shore. The
southern boundary is a line shoreline to shoreline at latitude
30[deg]05'33'' N (NAD83).
(b) Effective dates and enforcement times. This rule is effective
on May 31, 2014 and on June 1, 2014. This rule will be enforced from
8:30 a.m. until 6:00 p.m. on May 31, 2014, and from 8:30 a.m. until
6:00 p.m. on June 1, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, no person or vessel may enter into or remain in the zone
without permission of the Captain of the Port.
(2) Persons or vessels requiring entry into or passage through the
zone may contact the Captain of the Port, Port Arthur, or a designated
representative. They may be contacted on VHF-FM Channels 16, or by
phone at (409) 719-5070.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
(d) Information Broadcasts. The Captain of the Port, Port Arthur or
a designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
[[Page 26846]]
Dated: April 9, 2014.
G.J. Paitl,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2014-10753 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P