[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31504-31506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11821]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG 2016-0321]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, Texas
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of the Sabine River, shoreline to shoreline, adjacent to the
public boat ramp located in Orange, TX. This safety
[[Page 31505]]
zone is necessary to protect persons and vessels from hazards
associated with a high speed boat race competition. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port,
Port Arthur.
DATES: This rule is effective from 8:30 a.m. on May 21, 2016, through 6
p.m. on May 22, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0321 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 Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone 409-719-5086, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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)(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 30,
2016 that this boat racing event is scheduled to take place on May 21
and 22, 2016. Upon full review of the event details, the Coast Guard
determined that additional safety measures are necessary due to
potential navigational hazards present during the high speed boat race.
It is impractical to publish a NPRM because a safety zone needs to be
established by May 21, 2016.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
regulatory action is necessary to limit access to the area of the high
speed boat races, protect participants, spectators, and other persons
and vessels from the potential hazards during a high speed boat race on
a navigable waterway. 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 the
event will advertised in the Local Notice to Mariners (LNM).
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Port Arthur (COTP) has determined that
the potential hazards associated with high speed boat races are a
safety concern for vessels operating on the Sabine River. This rule is
needed to protect participants, spectators, and other persons and
vessels in the navigable waters within the safety zone during the
scheduled races.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8:30 a.m. on May
21, 2016 through 6:00 p.m. on May 22, 2016. The safety zone covers all
navigable waters of the Sabine River, shoreline to shoreline, adjacent
to the public boat ramp located in Orange, TX. The northern boundary is
from the end of Navy Pier One then easterly to the river's eastern
shore. The southern boundary is a line shoreline to shoreline. The
duration of the safety zone is intended to protect participants,
spectators, and other persons and vessels, in the navigable waters of
the Sabine River during the high speed boat races. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone is over a
2-day period and enforcement during the effective times, enforcement
periods will include scheduled breaks, providing opportunity for
vessels to transit through the affected area. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone and the rule allows vessel 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 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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on
vessel owners or operators.
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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to 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
[[Page 31506]]
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.
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,
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 a safety zone during a 2-day period that will prohibit
entry within the zone without permission of the Captain of the Port. It
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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, and 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; 50 U.S.C. 191; 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 temporary Sec. 165.T08-0321 to read as follows:
Sec. 165.T08-0321 Safety Zone; Sabine River, Orange, Texas.
Location. The following area is a safety zone: Waters of the Sabine
River, shoreline to shoreline, adjacent to the Orange public boat ramps
located in Orange, TX. The northern boundary is from the end of old
Navy Pier One at 30[deg]05'50'' N. 93[deg]43'15'' W. then easterly to
the river's eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05'33'' N. (NAD83).
(a) Effective Periods. This rule is effective from 8:30 a.m. on May
21, 2016 through 6:00 p.m. on May 22, 2016. Enforcement during the
effective periods will allow for scheduled breaks allowing vessels to
pass through the safety zone. Notice of scheduled breaks will be
provided as indicated under (d) Informational broadcasts.
(b) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23 of this part, entry into this zone is prohibited to all
persons and vessels except those vessels specifically authorized by the
Captain of the Port, Port Arthur or a designated representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF-FM channel 13
or 16, or by phone at by telephone at 409-719-5070.
(3) All persons and vessels shall comply with the lawful orders or
directions given to them by the Captain of the Port, Port Arthur or the
Captain of the Port's designated representative. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(c) Information broadcasts. The Coast Guard will inform the public
through broadcast notices to mariners of channel restrictions and
Vessel Traffic Service advisories on VHF-FM channel 65A.
Dated: April 15, 2016.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2016-11821 Filed 5-18-16; 8:45 am]
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