[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Rules and Regulations]
[Pages 24883-24885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11603]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Port Arthur 03-002]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

DATES: This rule is effective from 1 p.m. on May 10, 2003, until 6 p.m. 
on May 11, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP Port Arthur-03-003) and are 
available for inspection or copying at Marine Safety Office Port 
Arthur, 2875 Jimmy Johnson Blvd., Port Arthur, TX 77640 between 8 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Bryan 
Markland, Waterways Management Branch, Marine Safety Office Port Arthur 
at (409) 723-6500.

SUPPLEMENTARY INFORMATION:

[[Page 24884]]

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 good cause 
exists for not publishing an NPRM. Publishing an NPRM would be contrary 
to public interest because 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 
sufficient time to publish an NPRM.

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, TX. Safety zones are 
established for those events 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 a northern 
boundary at 30[deg]00'00'' N. and southern boundary at 29[deg]59'42'' 
N. Those coordinates are based upon (NAD 83). This safety zone will be 
enforced from 8 p.m. to 10 p.m. on May 10, 2003.
    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 a northern boundary at 30[deg]00'12'' N. and 
southern boundary at 29[deg]59'36'' N. Those coordinates are based upon 
(NAD 83). This safety zone will be enforced from 1 p.m. to 6 p.m. on 
May 10, 2003, and from 8 a.m. to 6 p.m. on May 11, 2003.
    Entry into these zones by anyone other than event participants is 
prohibited, unless authorized by the Captain of the Port Port Arthur or 
a designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security.
    During the boat races on May 10, 2003, the waterway will be closed 
for 5 hours between 1 p.m. and 6 p.m. On May 11, 2003, the waterway 
will be closed for 10 hours. There will be two breaks during the May 
11, 2003, boat races. During those breaks, vessel 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 3 
p.m. and each will last about an hour. Notifications of the safety 
zones and break periods will be made to the marine community by 
broadcast notices to mariners, through the event sponsors, and by 
publication in the Federal Register. 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 proposed 
rule would 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 and operators of 
vessels intending to transit the portion of the Neches River adjacent 
to Port Neches Park, Port Neches, TX, from 1 p.m. to 6 p.m. and 8 p.m. 
to 10 p.m. on May 10, 2003, and from 8 a.m. to 6 p.m. on May 11, 2003.
    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 will only be in effect for a short period 
of time; (2) there will be two breaks during the May 11, 2003, boat 
races and during those breaks vessel 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 event 
sponsors.
    If you are a small business entity and are significantly affected 
by this regulation please contact LTJG Bryan Markland, 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 that 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 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

    Arule 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, we 
do 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

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Risks and Safety Risks. This rule is not an economically significant 
rule and would not create an environmental risk to health or risk to 
safety that might 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.l, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION ARES 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(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. A new temporary Sec.  165.T08-033 is added to read as follows:


Sec.  165.T08-033  Safety Zones; Port Neches Riverfest, Neches River, 
Port Neches, TX.

    (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, TX, between a 
northern boundary at 30[deg]00'00'' N and southern boundary at 
29[deg]59'42'' N. Those 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, TX, between a 
northern boundary at 30[deg]00'12'' N and southern boundary at 
29[deg]59'36'' N. Those 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 
10, 2003.
    (2) The boat race safety zone in paragraph (a)(2) of this section 
will be enforced from 1 p.m. to 6 p.m. on May 10, 2003, and from 8 a.m. 
to 6 p.m. on May 11, 2003.
    (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 a designated representative.
    (2) Vessels requiring entry into or passage through a safety zone 
must request permission from the Captain of the Port Port Arthur or a 
designated representative. They may be contacted via VHF Channel 16 or 
by 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 personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: April 2, 2003.
Eric A. Nicolaus,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 03-11603 Filed 5-8-03; 8:45 am]
BILLING CODE 4910-15-P