[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30556-30557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11276]



[[Page 30556]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Port Arthur-02-002]
RIN 2115-AA97


Safety Zones; Port Neches Riverfest, Neches River, Port Neches, 
Texas

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones for all 
waters of the Neches River, adjacent to Port Neches Park in Port 
Neches, Texas. These safety zones are necessary to protect spectators 
and vessels from the potential safety hazards associated with a 
fireworks display and boat races that are part of the Port Neches 
Chamber of Commerce Riverfest. Entry into these zones is prohibited 
unless specifically authorized by the Captain of the Port, Port Arthur 
or his designated representative.

DATES: This rule is effective from 8 p.m. on May 11, 2002 through 6 
p.m. on May 12, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Port Arthur-02-002] and are 
available for inspection or copying at Marine Safety Office Port 
Arthur, 2875 Jimmy Johnson Blvd., Port Arthur, Texas, 77640 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Mike 
Kicklighter, Marine Safety Office Port Arthur, at (409) 723-6500.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM, and under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Publishing a NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to protect vessels and mariners from the 
hazards associated with this event. The Coast Guard did not receive 
notice of the Port Neches Riverfest in time to publish a NPRM or to 
have the temporary final rule, published in the Federal Register 30 
days prior to the event.

Background and Purpose

    The Port Neches Chamber of Commerce Riverfest will include a 
fireworks display as well as a series of boat races on the Neches 
River, adjacent to Port Neches Park, Port Neches, Texas. Safety zones 
will be established during the fireworks display and during the boat 
races to ensure the safety of the participants, spectators, and other 
vessels.
    The fireworks safety zone will encompass all waters of the Neches 
River, shore to shore, adjacent to Port Neches Park, between the 
northern boundary at 30 deg.00'00" N and the southern boundary at 
29 deg.59'42" N. These coordinates are based upon [NAD 83]. This safety 
zone will be enforced from 8 p.m. to 10 p.m. on May 11, 2002.
    The safety zone for the boat races will encompass all waters of the 
Neches River, shore to shore, adjacent to Port Neches Park in Port 
Neches, Texas, between the northern boundary at 30 deg.00'12" N and the 
southern boundary at 29 deg.59'36" N. These coordinates are based upon 
[NAD 83]. This safety zone will be enforced from 8 a.m. to 6 p.m. on 
May 12, 2002.
    Entry into these zones by anyone other than event participants is 
prohibited, unless authorized by the Captain of the Port, Port Arthur 
or his designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies procedures of DOT is unnecessary. The waterway will 
be closed briefly from 8 p.m to 10 p.m. on May 11, 2002 for the 
fireworks display. On May 12, 2002, there will be two breaks during the 
boat races. During these breaks, the waterway will be cleared and 
traffic will be allowed to pass through the zone as directed by the 
Coast Guard patrol commander. The break periods will begin at 
approximately 11 a.m. and 2:45 p.m. and will last approximately one 
hour each. Notifications of the safety zones and break periods will be 
made to the marine community by broadcast notices to mariners and the 
event sponsors. The impacts on routine navigation are expected to be 
minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit that portion of the Neches River adjacent to Port Neches Park, 
Port Neches, Texas, from 8 p.m. to 10 p.m. on May 11, 2002 and from 8 
a.m. to 6 p.m. on May 12, 2002.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) The 
safety zone for the fireworks display will only be in effect for a 
short period of time, (2) there will be two breaks during the boat 
races. During these breaks the waterway will be cleared and traffic 
will be allowed to pass through the zone as directed by the Coast Guard 
patrol commander, and (3) notifications of the safety zones and break 
periods will be made to the marine community by broadcast notices to 
mariners and the event sponsors.
    If you are a small business entity and are significantly affected 
by this regulation please contact LTJG Mike Kicklighter, Marine Safety 
Office Port Arthur, at (409) 723-6500.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 30557]]

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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such an expenditure, so 
we discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where 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

    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(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. From 8 p.m. May 11 through 6 p.m. May 12, 2002, a new temporary 
Sec. 165.T08-043 is added to read as follows:


Sec. 165.T08-043  Safety Zones; Port Neches Riverfest, Neches River, 
Port Neches, Texas.

    (a) Regulated Areas. The following areas are safety zones:
    (1) Fireworks safety zone. All waters of the Neches River, shore to 
shore, adjacent to Port Neches Park, Port Neches, Texas, between the 
northern boundary at 30 deg.00'00" N and the southern boundary at 
29 deg.59'42" N. These coordinates are based upon [NAD 83].
    (2) Boat race safety zone. All waters of the Neches River, shore to 
shore, adjacent to Port Neches Park, Port Neches, Texas, between the 
northern boundary at 30 deg.00'12" N and the southern boundary at 
29 deg.59'36" N. These coordinates are based upon [NAD 83].
    (b) Enforcement dates. (1) The fireworks safety zone in paragraph 
(a)(1) of this section will be enforced from 8 p.m. to 10 p.m. on May 
11, 2002.
    (2) The boat race safety zone in paragraph (a)(2) of this section 
will be enforced from 8 a.m. to 6 p.m. on May 12, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the safety zones in this section 
is prohibited unless authorized by the Captain of the Port, Port 
Arthur, or his designated representative.
    (2) Vessels requiring entry into or passage through a safety zone 
in this section must request permission from the Captain of the Port, 
Port Arthur, or his designated representative. They may be contacted 
via VHF Channel 13 or 16, or via telephone at (409) 723-6500.
    (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.

    Dated: April 22, 2002.
R.E. Walker,
Commander, U.S. Coast Guard, Acting Captain of the Port, Port Arthur.
[FR Doc. 02-11276 Filed 5-6-02; 8:45 am]
BILLING CODE 4910-15-P