[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 55968-55970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22933]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0518]
RIN 1625-AA08


Special Local Regulations, Sabine River; Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Special Local 
Regulation in the Port Arthur Captain of the Port Zone on the Sabine 
River, Orange, Texas. This Special Local Regulation is intended to 
restrict vessels from portions of the Sabine River during the Thunder 
on the Sabine boat races. This Special Local Regulation is necessary to 
protect spectators and vessels from the hazards associated with 
powerboat races.

DATES: This rule is effective from 8 a.m. on September 25, 2010, to 6 
p.m. on September 26, 2010. This regulation will be enforced daily from 
8 a.m. until 6 p.m. on September 25 and 26, 2010.

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-2010-0518 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0518 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 rule, 
call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX, 
Coast Guard; telephone 409-719-5086, 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 July 15, 2010 we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations; Sabine River, Orange, TX in 
the Federal Register (75 FR 41119). We received no comments on the 
proposed rule. No

[[Page 55969]]

public meetings were requested and none were 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 because delaying its effective date 
would be impracticable based on the dates the event is scheduled. This 
rule is needed to protect spectators and vessels from the hazards 
associated with powerboat races, which cannot practically be re-
scheduled. Additionally, notice of the Coast Guard's intent to create 
this regulation was provided by the NPRM, published more than 60 days 
before the scheduled event. The fact that no comments were received 
supports the conclusion that this temporary special local regulation is 
of minimal concern and will have minimal impact on the public.

Basis and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with a 
powerboat race. The Captain of the Port has determined that powerboat 
races in close proximity to watercraft and infrastructure pose 
significant risk to public safety and property. The likely combination 
of large numbers of recreation vessels, powerboats traveling at high 
speeds, and large numbers of spectators in close proximity to the water 
could easily result in serious injuries or fatalities. Establishing a 
special local regulation around the location of the race course will 
help ensure the safety of persons and property at these events and help 
minimize the associated risks. This special local regulation will be 
effective only for September 25th and 26th, 2010, and will be enforced 
only between 8 a.m. and 6 p.m. on those days.

Discussion of Comments and Changes

    No comments were received concerning this rule and the text of this 
rule remains as published in 75 FR 41119.

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.
    We expect the economic impact of this 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 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, scheduled breaks will be 
provided to allow waiting vessels to transit safely through the 
regulated area.

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 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 8 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.

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 
(adjusted for inflation) in any one year. Though this rule will not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not cause 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

[[Page 55970]]

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)(h), of the Instruction. This rule involves the establishment of a 
special local regulation. Based on our preliminary determination, 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, we believe 
that this rule should be categorically excluded from further 
environmental analysis.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a new temporary Sec.  100.T08-2010-0518 to read as follows:


Sec.  100.T08-2010-0518  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 rivers eastern shore. The 
southern boundary is a line shoreline to shoreline at latitude 
30[deg]05'33'' N.
    (c) Enforcement. This regulation will be enforced daily from 8 a.m. 
until 6 p.m. on September 25 and 26, 2010.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  100.35 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: August 17, 2010.
Z.H. Pickett,
Commander, U.S. Coast Guard, Acting, Captain of the Port, Port Arthur.
[FR Doc. 2010-22933 Filed 9-14-10; 8:45 am]
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