[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Rules and Regulations]
[Pages 22610-22612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08875]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0170]
RIN 1625-AA00


Safety Zone; Sabine River, Orange, TX

AGENCY: Coast Guard, Department of Homeland Security (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. The safety zone is necessary to protect persons and vessels from 
hazards associated with a high-speed boat race competition in Orange, 
TX. This regulation prohibits persons and vessels from being in the 
safety zone unless authorized by the Captain of the Port Marine Safety 
Unit Port Arthur or a designated representative.

DATES: This rule is effective from 8:30 a.m. through 6 p.m. on May 22, 
2021 and May 23, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0170 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
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

    On March 18, 2021, the City of Orange, TX notified the Coast Guard 
that it will be sponsoring high speed boat races from 8:30 a.m. to 6 
p.m. on May 22 and 23, 2021, adjacent to the public boat ramp in 
Orange, TX. The Captain of the Port Port Arthur (COTP) has determined 
that potential hazards associated with high speed boat races would be a 
safety concern for spectator craft and vessels in the vicinity of these 
race events. In response, on April 6, 2021, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Sabine 
River, Orange, TX'' (86 FR 17755). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended April 21, 
we received no comments.
    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 because immediate action is needed to 
respond to the potential safety hazards associated with hazards 
associated with high speed boat races.

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 Captain of the Port Port Arthur 
(COTP) has determined that potential hazards associated with high speed 
boat races will be a safety concern for spectator craft and vessels in 
the vicinity of these race events. The purpose of this rule is to 
ensure safety of vessels and the navigable waters in the safety zone 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
6, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 8:30 a.m. to 6 p.m. on May 
22 and 23, 2021. The safety zone will cover 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 to the north by the 
Orange Public Wharf and latitude 30[deg]05'50'' N and to the south at 
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 boat races 
and will include breaks and opportunity for vessels to transit through 
the regulated area. 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.

[[Page 22611]]

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).
    This regulatory action determination is based on the proposed size, 
location and duration of the rule. The safety zone will encompass a 
less than half-mile stretch of the Sabine River for eight hours on each 
of two days. The Coast Guard will notify the public by issuing Local 
Notice to Mariners (LNM), and/or Marine Safety Information Bulletin 
(MSIB) and Broadcast Notice to Mariners via VHF-FM radio and the rule 
will allow vessels to seek permission to enter the zone during 
scheduled breaks.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 any 
vessel owner or operator.
    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 
call or email 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 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 that would last 8 hours on each of two days and that would 
prohibit entry on less than a half-mile stretch of the Sabine River in 
Orange, TX. 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. 1. A Memorandum for Record supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.T08-0170 to read as follows:


Sec.  165.T08-0170  Safety Zone; Sabine River, Orange, TX.

    (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 to the 
north by the Orange Public Wharf and latitude 30[deg]05'50'' N and to 
the south at 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 
boat races and will include breaks and opportunity for vessels to 
transit through the regulated area.

[[Page 22612]]

    (b) Effective period. This section is effective from 10 a.m. 
through 6 p.m. on May 22, 2021 and May 23, 2021.
    (c) Enforcement periods. This section will be enforced from 10 a.m. 
through 6 p.m. daily.
    (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 Captain of the Port Marine Safety Unit Port 
Arthur (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.
    (2) 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.
    (3) 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.
    (4) 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 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: April 22, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Zone Port 
Arthur.
[FR Doc. 2021-08875 Filed 4-28-21; 8:45 am]
BILLING CODE 9110-04-P