[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Rules and Regulations]
[Pages 43060-43062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20512]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on a 
portion of the Sabine River, shoreline to shoreline, adjacent to the 
Naval Reserve Center and the Orange public boat ramps located in 
Orange, Texas. 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. This safety zone is needed to protect spectators and 
vessels from potential safety hazards associated with a high speed boat 
race.

DATES: This rule is effective from 9 a.m. on September 19, 2009, until 
6 p.m. on September 20, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0359 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0359 in the ''Keyword'' 
box, and then clicking ''Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Mr. Scott Whalen, USCG, Marine Safety 
Unit Port Arthur, TX; telephone (409) 719-5806, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On June 12, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Sabine River, Orange, TX'' in the 
Federal Register (74 FR 27953). We received no comments

[[Page 43061]]

on the proposed rule. No public meeting was requested, and none was 
held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to protect vessels and mariners from the safety 
hazards associated with a high speed boat race.

Background and Purpose

    The City of Orange is sponsoring high speed boat races on the 
Sabine River in Orange, Texas on September 19 and 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.
    The safety zone will cover a portion of the Sabine River, from 
shoreline to shoreline, adjacent to the Naval Reserve Center and the 
Orange public boat ramps in Orange, Texas. The northern boundary of the 
safety zone will be from the end of Navy Pier One at 30[deg]05'45'' N 
and 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.

Discussion of Comments and Changes

    No comments were received and no changes have been made to the 
proposed rule published in the Federal Register.

Regulatory Analyses

    We developed this 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 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.
    This rule will only be in effect for 9 hours each day and 
notifications 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, two breaks will be 
provided to allow all 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 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 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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 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, 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 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

[[Page 43062]]

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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction because the rule establishes a temporary 
safety zone.

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 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. 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; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add 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, from shoreline to shoreline, adjacent to the Naval 
Reserve Unit and the Orange public boat ramps located in Orange, Texas. 
The northern boundary is from the end of Navy Pier One at 
30[deg]05[min]45[sec] N and 93[deg]43[min]24[sec] W then easterly to 
the river's eastern shore. The southern boundary is a line from 
shoreline to shoreline at latitude 30[deg]05[min]33[sec] 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 the 
zone 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 must 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: July 22, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. E9-20512 Filed 8-25-09; 8:45 am]
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