Rule2024-09259
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
April 30, 2024
Effective
May 4, 2024
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09259]
[[Page 34131]]
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#0b586e6a65255b25526a656e714b7e78686c25666267"><span class="__cf_email__" data-cfemail="86d5e3e7e8a8d6a8dfe7e8e3fcc6f3f5e5e1a8ebefea">[email protected]</span></a>.
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,
[[Page 34132]]
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.
[[Page 34133]]
(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
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</html>Indexed from Federal Register on April 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.