[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22882-22884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10213]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG 2017-0294]
RIN 1625-AA00


Safety Zone; Sabine River, Orange, Texas

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the Sabine River adjacent to the public 
boat ramp located in Orange, TX. This safety zone is necessary to 
protect persons and vessels from hazards associated with a high speed 
boat race competition. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port, Port Arthur.

DATES: This rule is effective from 8:30 a.m. on May 20, 2017 through 6 
p.m. on May 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0294 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. 
Coast Guard; telephone 409-719-5086, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard received notice on March 22, 
2017 that this boat racing event is scheduled to take place from May 20 
to 21, 2017. Upon full review of the event details, the Coast Guard 
determined that additional safety measures were necessary due to 
potential navigational hazards present during the high speed boat race. 
The safety zone needs to be established by May 20, 2017. As such, it is 
impracticable to publish an NPRM because we lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
regulatory action is necessary to limit access to the area of the high 
speed boat races, protecting participants, spectators, and other 
persons and vessels from the potential hazards during a high speed boat 
race on a navigable waterway. The Coast Guard will notify the public 
and maritime community that the safety zone will be in effect and of 
its enforcement periods via broadcast notices to mariners (BNM) and the 
event will be advertised in the Local Notice to Mariners (LNM).

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Port Arthur (COTP) has determined that 
the potential hazards associated with high speed boat races are a 
safety concern for vessels operating on the Sabine River. This rule is 
needed to protect participants, spectators, and other persons and 
vessels in the navigable waters within the safety zone during the 
scheduled races.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 a.m. on May 
20, 2017 through 6 p.m. on May 21, 2017. The safety zone covers all 
navigable waters of the Sabine River, shoreline to shoreline, adjacent 
to the public boat ramp located in Orange, TX. The northern boundary is 
from the end of Navy Pier One at 30[deg]05'50'' N., 93[deg]43'15'' W. 
then easterly to the rivers eastern shore. The southern boundary is a 
line shoreline to shoreline at latitude

[[Page 22883]]

30[deg]05'33'' N. (NAD83). The duration of the safety zone is intended 
to protect participants, spectators, and other persons and vessels, in 
the navigable waters of the Sabine River during the high speed boat 
races. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone is over a 
2-day period and enforcement during the effective times, enforcement 
periods will include scheduled breaks, providing opportunity for 
vessels to transit through the affected area. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows vessel to seek permission to enter 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on 
vessel owners or operators.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 (adjusted for 
inflation) or more 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone during a 2-day period that will prohibit 
entry within the zone without permission of the Captain of the Port. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Record of Environmental 
Consideration are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

[[Page 22884]]

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T08-0294 to read as follows:


Sec.  165.T08-0294  Safety Zone; Sabine River, Orange, Texas.

    Location. The following area is a safety zone: Certain navigable 
waters of the Sabine River adjacent to the Orange public boat ramps 
located in Orange, TX. The northern boundary is from the end of old 
Navy Pier One at 30[deg]05'50'' N., 93[deg]43'15'' W., then easterly to 
the rivers eastern shore. The southern boundary is a line shoreline to 
shoreline at latitude 30[deg]05'33'' N. (NAD83).
    (a) Effective period. This rule is effective from 8:30 a.m. on May 
20, 2017 through 6 p.m. on May 21, 2017. Enforcement during the 
effective period will allow for scheduled breaks allowing vessels to 
pass through the safety zone. Notice of scheduled breaks will be 
provided as indicated under paragraph (c) of this section.
    (b) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
persons and vessels except those vessels specifically authorized by the 
Captain of the Port, Port Arthur (COTP) or a designated representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM channel 13 or 16, or by phone at 409-719-
5070.
    (3) All persons and vessels shall comply with the lawful orders or 
directions given to them by the COTP or COTP's designated 
representative.
    (c) Information broadcasts. The Coast Guard will inform the public 
through broadcast notices to mariners of channel restrictions and 
Vessel Traffic Service advisories on VHF-FM channel 65A.

    Dated: May 16, 2017
R.S. Ogrydziak
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2017-10213 Filed 5-18-17; 8:45 am]
 BILLING CODE 9110-04-P