Safety Zone; Sabine River, Orange, TX
| Published date | 19 July 2021 |
| Citation | 86 FR 37910 |
| Record Number | 2021-15281 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37910-37911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15281]
[[Page 37910]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0416]
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 for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. The safety zone is necessary to protect persons and vessels from
hazards associated with a high-speed boat race competition in Orange,
TX. Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Marine Safety Unit Port Arthur or
a designated representative.
DATES: This rule is effective daily on September 18, 2021 and September
19, 2021. from 7:30 a.m. through 6 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0416 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
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
On April 29, 2021, the Coast Guard published a temporary safety
zone to protect persons and vessels from the hazards associated with
high speed boat races in Orange, TX (86 FR 22610). That event was
cancelled due to weather. On May 19, 2021 the City of Orange, TX
notified the Coast Guard that they rescheduled the races for September
18 and 19, 2021, in the same location, adjacent to the public boat ramp
in Orange, TX. In response, on June 23, 2021, the Coast Guard published
a notice of proposed rulemaking (NPRM) titled Safety Zone, Sabine
River, Orange, TX (86 FR 32846). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this marine event. During the comment period that ended July 8, 2021,
we received one comment supporting the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Port Arthur
(COTP) has determined that potential hazards associated with high speed
boat races will be a safety concern for spectator craft and vessels in
the vicinity of these race event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment supporting the
establishment of this safety zone on our NPRM published June 23, 2021.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone from 7:30 a.m. through 6 p.m.
daily on September 18, 2021 and September 19, 2021. The safety zone
will cover all navigable waters of the Sabine River, extending the
entire width of the river, adjacent to the public boat ramp located in
Orange, TX bounded to the north by the Orange Public Wharf and latitude
30[deg]05'50'' N and to the south at latitude 30[deg]05'33'' N. The
duration of the zone is intended to protect participants, spectators,
and other persons and vessels, in the navigable waters of the Sabine
River during high-speed boat races and will include breaks and
opportunity for vessels to transit through the regulated area.
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 proposed size,
location and duration of the rule. The safety zone will encompass a
less than half-mile stretch of the Sabine River for 10.5-hours on each
of two days. The Coast Guard will notify the public by issuing Local
Notice to Mariners (LNM), and/or Marine Safety Information Bulletin
(MSIB) and Broadcast Notice to Mariners via VHF-FM radio and the rule
will allow vessels to seek permission to enter the zone during
scheduled breaks.
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 received one supporting comment on this
rulemaking. 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 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
call or email 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 responsiveness to small business. If you wish to
comment on actions by
[[Page 37911]]
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 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.
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, 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 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 that will last 10.5 hours on each of two days and that
would prohibit entry on less than a half-mile stretch of the Sabine
River in Orange, TX. 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 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.
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 AREA 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.T08-0416 to read as follows:
Sec. 165.T08-0416 Safety Zone; Sabine River, Orange, Texas
(a) Location. The following area is a safety zone: All navigable
waters of the Sabine River, extending the entire width of the river,
adjacent to the public boat ramp located in Orange, TX bounded to the
north by the Orange Public Wharf and latitude 30[deg]05'50'' N and to
the south at latitude 30[deg]05'33'' N. 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 high-speed
boat races and will include breaks and opportunity for vessels to
transit through the regulated area.
(b) Enforcement periods. This section will be enforced from 7:30
a.m. through 6 p.m. daily on September 18, 2021 and September 19, 2021.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into this zone
is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Port Arthur (COTP) 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.
(2) 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.
(3) 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.
(4) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: July 14, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2021-15281 Filed 7-16-21; 8:45 am]
BILLING CODE 9110-04-P
