[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34131-34133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09259]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0224]
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. The safety zone is necessary to protect persons and vessels from 
hazards associated with a high-speed drag boat 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 9 a.m. on May 4, 2024, through 6 
p.m. on May 5, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0224 in the search box, and click ``Search.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Sean Yanez, Marine Safety Unit Port Arthur, 
U.S. Coast Guard; telephone 409-723-5027, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it is 
impracticable. It is impracticable to publish an NPRM because we must 
establish this temporary safety zone by May 4, 2024 and lack sufficient 
time to provide a reasonable comment period and consider those comments 
before issuing the rule.
    Also, 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 establishing the safety zone 
by May 4, 2024, is necessary to protect all waterway users during 
scheduled race events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Marine Safety Unit Port Arthur (COTP) 
has determined that the potential hazards associated with high-speed 
drag boat 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 9 a.m. on May 4, 
2024, through 6 p.m. on May 5, 2024, and will be enforced each day from 
9 a.m. through 6 p.m.. 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 on the north by the 
Orange Municipal Wharf at 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 drag boat 
races and will include breaks and opportunities 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    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 that will be enforced 
for eight hours on two consecutive 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 
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 may affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance,

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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 businesses. 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 is effective for eight 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. 1. A Record of Environmental Consideration 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0224 to read as follows:


Sec.  165.T08-0224  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 on the 
north by the Orange Municipal Wharf at latitude 30[deg]05'50'' N and to 
the south at latitude 30[deg]05'33'' N.
    (b) Definition. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Marine Safety Unit Port Arthur (COTP) in the 
enforcement of the safety zone. Furthermore, ``official patrol vessel'' 
means a vessel, including any Coast Guard, state, or local law 
enforcement and sponsor provided vessels assigned or approved by the 
COTP or a designated representative, that is designated to patrol the 
regulated area.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, all persons and vessels, including spectator 
vessels, are prohibited from entering, transiting through, anchoring 
in, or remaining with the regulated area during the effective dates and 
times, unless authorized by the COTP or a designated representative. 
The COTP or their designated representative may be contacted on VHF-FM 
channel 13 or 16 or by telephone at 409-719-5070.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators or 
spectator vessels.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with approval from the COTP or a designated representative, and 
when so directed by that officer, will be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
regulated area or any other vessels.
    (4) 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.
    (5) 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.

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    (6) 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.
    (d) Enforcement periods. This section will be enforced from 9 a.m. 
through 6 p.m. on May 4, 2024, and May 5, 2024. Breaks in the racing 
will occur during the enforcement periods, which will allow for vessels 
to pass through the safety zone. The COTP or a designated 
representative will provide notice of enforcement appropriate per 
paragraph.
    (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 24, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port 
Arthur.
[FR Doc. 2024-09259 Filed 4-29-24; 8:45 am]
BILLING CODE 9110-04-P