[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Proposed Rules]
[Pages 27953-27956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13775]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0359]
RIN 1625-AA00


Safety Zone; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on September 19 and 20, 2009 for a portion of the Sabine River, 
shoreline to shoreline, adjacent to the Naval Reserve Center 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 river's eastern shore. The southern boundary is a 
line shoreline to shoreline at latitude 30[deg]05'33'' N. This safety 
zone is needed to protect spectators and vessels from potential safety 
hazards associated with a high speed boat race. With the exception of 
participating vessels and patrol craft, entry into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Port Arthur, or a designated representative.

[[Page 27954]]


DATES: Comments and related material must reach the Coast Guard on or 
before July 13, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2009-0359 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Scott Whalen, Marine Safety Unit 
Port Arthur, telephone (409) 719-5086 or e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0359), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0359'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0359 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. 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. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The City of Orange is sponsoring high speed boat races on the 
Sabine River in Orange, TX on September 19 and September 20, 2009. Race 
boats will be traveling at a very high rate of speed and at times may 
not be able to stop or avoid a collision if spectator or other vessels 
are operating in close proximity to the race course. The proposed 
safety zone is needed to protect the race boats, persons and spectators 
from the potential safety hazards associated with high speed boat 
races.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for a 
portion of the Sabine River, shoreline to shoreline, adjacent to the 
Naval Reserve Center 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 river's eastern 
shore. The southern boundary is a line shoreline to shoreline at 
latitude 30[deg]05'33'' N.
    All vessels except event participants and patrol craft are 
prohibited from entering the safety zone unless authorized by the 
Captain of the Port, Port Arthur or his designated representative. For 
authorization to enter the proposed safety zone, vessels can contact 
the Captain of the Port's on scene representative on VHF Channel 16 or 
Vessel Traffic Service Port Arthur on VHF Channel 65A, by telephone at 
(409) 719-5070, or by facsimile at (409) 719-5090.

Regulatory Analysis

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The basis of 
this finding is that the safety zone will only be in effect for 10 
hours each day and notifications

[[Page 27955]]

to the marine community will be made through broadcast notice to 
mariners and Marine Safety Information Bulletin. During non-enforcement 
hours all vessels will be allowed to transit through the safety zone 
without permission of the Captain of the Port, Port Arthur or a 
designated representative. Additionally, breaks will be provided to 
allow waiting vessels to transit safely through the safety zone. 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 proposed 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 proposed rule would 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 9 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Mr. Scott Whalen at (409) 719-
5086. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This proposed rule would not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of

[[Page 27956]]

actions which do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this preliminary determination is available in the 
docket where indicated under ADDRESSES. This proposed rule involves 
establishing a temporary safety zone. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 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. 1226, 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; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add new temporary Sec.  165.T08-0359 to read as follows:


Sec.  165.T08-0359  Safety Zone; Sabine River, Orange, TX.

    (a) Definitions. As used in this section Participant Vessel means 
all vessels officially registered with event officials to race or work 
in the event. These vessels include race boats, rescue boats, tow 
boats, and picket boats associated with the race.
    (b) 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 river's eastern shore. The 
southern boundary is a line shoreline to shoreline at latitude 
30[deg]05'33'' N.
    (c) Effective date. This rule is effective from 9 a.m. on September 
19, 2009 until 6 p.m. on September 20, 2009.
    (d) Periods of Enforcement. This rule will be enforced from 9 a.m. 
until 6 p.m. on September 19, 2009 and 9 a.m. until 6 p.m. on September 
20, 2009. The Captain of the Port, Port Arthur will inform the public 
through broadcast notice to mariners of the enforcement periods for the 
safety zone.
    (e) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited to all vessels except 
participant vessels and 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 Channel 13 or 
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, designated representatives 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: May 5, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. E9-13775 Filed 6-11-09; 8:45 am]
BILLING CODE 4910-15-P