Rule2022-09753
Safety Zone; Sabine River, Orange, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 6, 2022
Effective
May 21, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26996-26998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0190]
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
[[Page 26997]]
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. 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 21, 2022 through 6
p.m. on May 22, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0190 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 on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone 409-719-5086, email <a href="/cdn-cgi/l/email-protection#f7a494988383d9bcd9a09f969b9299b782849490d99a9e9b"><span class="__cf_email__" data-cfemail="f9aa9a968d8dd7b2d7ae9198959c97b98c8a9a9ed7949095">[email protected]</span></a>.
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 9, 2022, the City of Orange, TX notified the Coast Guard
that it would be sponsoring high speed boat races from 9 a.m. through 6
p.m. on May 21 and 22, 2022, adjacent to the public boat ramp in
Orange, TX. The Captain of the Port Marine Safety Unit 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 March 29, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Special Local Regulation, Sabine River, Orange, TX (87 FR 18338). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this marine event. During the comment
period that ended April 29, 2022, 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. High speed boat races are
scheduled to occur on the Sabine River on May 21 and 22, 2022. Delaying
the effective date of this rule would be impracticable because
immediate action is needed to respond to the potential safety hazards
associated with high speed boat races on a narrow 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 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments regarding the establishment
of this safety zone on our NPRM published March 29, 2022. We mistakenly
referred to the rule as a special local regulation in some places in
the NPRM. However, as we noted in the first sentence of the summary in
the NPRM, we were proposing to establish a temporary safety zone. We
made one change to the regulatory text to replace the reference to
special local regulations with safety zone in paragraph (d)(4). There
are no substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone from 9 a.m. through 6 p.m.
daily on May 21, 2022 and May 22, 2022. 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 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.
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 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 8-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
[[Page 26998]]
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 will 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 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0190 to read as follows:
Sec. 165.T08-0190 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 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.
(b) Effective period. This section is effective from 9 a.m.on May
21, 2022 through 6 p.m. on May 22, 2022.
(c) Enforcement periods. This section will be enforced from 9 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 safety zone of this section 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: May 3, 2022.
Molly. A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Zone Port
Arthur.
[FR Doc. 2022-09753 Filed 5-5-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 6, 2022.
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