[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Rules and Regulations]
[Pages 16613-16616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08058]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0160]
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 for 
certain navigable waters of the Sabine River, extending the entire 
width of the river, adjacent to the public boat ramp located in Orange, 
TX. This action is necessary to protect persons and vessels from 
hazards associated with a high-speed Jet Ski race competition in 
Orange, TX. Entry of vessels or persons into this zone is prohibited 
unless authorized by the Captain of the Port Marine Safety Unit Port 
Arthur or a designated representative.

DATES: This rule is effective from 10 a.m. on April 27, 2019 through 6 
p.m. on April 28, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0160 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 Marine Safety Unit 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 an NPRM with respect to this rule 
because it is impracticable. This safety zone must be established by 
April 27, 2019 and we lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing this 
rule. The NPRM process would delay the establishment of the safety zone 
until after the dates of the high-speed races and compromise public 
safety.
    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 impracticable and contrary to public interest 
because immediate action is needed to protect persons and vessels from 
the potential

[[Page 16614]]

hazards during a high-speed Jet Ski race on a navigable waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that the 
potential hazards associated with high-speed Jet Ski races are a safety 
concern for persons and vessels operating on the Sabine River. Possible 
hazards include risks of injury or death from near or actual contact 
among participant vessels and spectators or mariners traversing through 
the safety zone. This rule is needed to protect all waterway users, 
including event participants and spectators, before, during, and after 
the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 10 a.m. through 
6 p.m. each day from April 27, 2019 through April 28, 2019. The safety 
zone covers all navigable waters of the Sabine River, extending the 
entire width of the river, adjacent to the public boat ramp located in 
Orange, TX bounded by the Navy Pier One between latitude 30[deg]05'50'' 
N and latitude 30[deg]05'33'' N. 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 high-speed 
Jet Ski races and will include breaks and opportunity for vessels to 
transit through the regulated area.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. They 
may be contacted on VHF-FM channel 13 or 16, or by phone at by 
telephone at 409-719-5070. A designated representative may be a Patrol 
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 
VHF-FM (156.8 MHz) by the call sign ``PATCOM''. The ``official patrol 
vessels'' consist of any Coast Guard, state, or local law enforcement 
and sponsor provided vessels assigned or approved by the COTP or a 
designated representative to patrol the zone. All persons and vessels 
not registered with the sponsor as participants or official patrol 
vessels are considered spectators.
    Spectator vessels desiring to transit the zone may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer must be operated at a minimum safe navigation 
speed in a manner that will not endanger any other vessels. No 
spectator vessel shall anchor, block, loiter, or impede the through 
transit of official patrol vessels in the zone during the effective 
dates and times, unless cleared for entry by or through the COTP or a 
designated representative. Any spectator vessel may anchor outside the 
zone, but may not anchor in, block, or loiter in a navigable channel. 
Spectator vessels may be moored to a waterfront facility within the 
zone in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the zone and remain moored through the duration of 
the event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the zone. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the directions given. Failure to do so may result in 
expulsion from the zone, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative will 
terminate enforcement of the safety zone at the conclusion of the 
event.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone encompasses 
a less than half-mile stretch of the Sabine River for eight hours on 
each of two days. Moreover, the Coast Guard will issue Broadcast Notice 
to Mariners (BNMs) via VHF-FM marine channel 16 about the zone, daily 
enforcement periods will include breaks that will provide an 
opportunity for vessels to transit through the regulated area, and the 
rule allows vessels 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 
temporary 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).

[[Page 16615]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
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 an 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 lasting 8 hours on each of two days that will prohibit 
entry on less than a one-half mile stretch of the Sabine River. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 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 Sec.  165.T08-0160 to read as follows:


Sec.  165.T08-0160   Safety Zone; Sabine River, Orange, Texas.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Sabine River, extending the entire width of the river, 
adjacent to the public boat ramp located in Orange, TX bounded by the 
Navy Pier One between latitude 30[deg]05'50'' N and latitude 
30[deg]05'33'' N.
    (b) Effective period. This section is effective from 10 a.m. on 
April 27, 2019 through 6 p.m. on April 28, 2019.
    (c) Enforcement periods. This section will be enforced from 10 a.m. 
through 6 p.m. daily. Breaks in the racing will occur during the 
enforcement periods, which will allow for vessels to pass through the 
safety zone. The Captain of the Port Marine Safety Unit Port Arthur 
(COTP) or a designated representative will provide notice of breaks as 
appropriate per paragraph (e) of this section.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of vessels or persons into this zone is prohibited 
unless authorized by the COTP or a designated representative. They may 
be contacted on VHF-FM channel 13 or 16, or by phone at by telephone at 
409-719-5070. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of

[[Page 16616]]

enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: April 10, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2019-08058 Filed 4-19-19; 8:45 am]
 BILLING CODE 9110-04-P