[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52563-52565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21461]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0194]
RIN 1625-AA08


Special Local Regulations; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing a temporary Special Local 
Regulation on the Sabine River within the Port Arthur, TX Captain of 
the Port Zone. This Special Local Regulation is intended to restrict 
vessels from portions of the Sabine River during the annual S.P.O.R.T 
boat races. This Special Local Regulations is necessary to protect 
spectators and vessels from the hazards associated with powerboat 
races.

DATES: This rule is effective from 8 a.m. on September 24, 2011 to 6 
p.m. on September 25, 2011. This rule will be enforced from 8 a.m. 
until 6 p.m. on September 24 and 25, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0194 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0194 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary

[[Page 52564]]

rule, call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur, 
TX, Coast Guard; telephone 409-719-5086, e-mail 
<a href="/cdn-cgi/l/email-protection#a4d7c7cbd0d08acf8ad3ccc5c8c1cae4d1d7c7c38ac9cdc8"><span class="__cf_email__" data-cfemail="1261717d66663c793c657a737e777c52676171753c7f7b7e">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 27, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations; Sabine River, Orange, TX in 
the Federal Register (76 FR 103). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with a 
powerboat race. Under the authority of 33 U.S.C. 1233, the Captain of 
the Port has determined that powerboat races in close proximity to 
watercraft and infrastructure pose significant risk to public safety 
and property. Establishing a special local regulation around the 
location of the race course will help ensure the safety of persons and 
property at these events and help minimize the risks associated with 
high speed powerboat races.

Discussion of Comments and Changes

    We received no comments and no changes have been made to the 
proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    The Coast Guard has determined that this rule is not a significant 
regulatory action for the following reasons: (1) The rule will be 
enforced for ten hours each day for two days; (2) scheduled breaks will 
be provided to allow waiting vessels to transit safely through the 
affected area; and (3) persons and vessels may enter, transit through, 
anchor in, or remain within the regulated area if they obtain 
permission from the COTP or the designated representative; and (4) 
advance notification will be made to the maritime community via 
broadcast notice to mariners and Local Notice to Mariners (LNM).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
This rule will only be enforced from 8 a.m. until 6 p.m. each day that 
it is effective; (2) during non-enforcement hours all vessels will be 
allowed to transit through the safety zone without having to obtain 
permission from the Captain of the Port, Port Arthur or a designated 
representative; and (3) vessels will be allowed to pass through the 
zone with permission of the Coast Guard Patrol Commander during 
scheduled break periods between races and at other times when permitted 
by the Coast Guard Patrol Commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

[[Page 52565]]

13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves the establishment of a 
Special Local Regulation. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100 --REGULATED--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35T08-0194 to read as follows:


Sec.  100.35T08-0194  Special Local Regulations for Marine Events; 
Sabine River, Orange, TX.

    (a) Definitions. As used in this section ``Participant Vessel'' 
means all vessels officially registered with event officials to race or 
work in the event. These vessels include race boats, rescue boats, tow 
boats, and picket boats associated with the race.
    (b) Location. The following area is a safety zone: All waters of 
the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve 
Unit and the Orange public boat ramps located in Orange, TX. The 
northern boundary is from the end of Navy Pier One at 
30[deg]05[min]45[sec] N 93[deg]43[min]24[sec] W then easterly to the 
rivers eastern shore. The southern boundary is a line shoreline to 
shoreline at latitude 30[deg]05[min]33[sec] N.
    (c) Enforcement Period. This regulation will be enforced daily from 
8 a.m. until 6 p.m. on September 24 and 25, 2011.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  100 of this 
part, entry into this zone is prohibited to all vessels except 
participant vessels and those vessels specifically authorized by the 
Captain of the Port, Port Arthur or a designated representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the Captain of the Port, Port Arthur, or a 
designated representative. They may be contacted on VHF Channel 13 or 
16, or by telephone at (409) 723-6500.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port, Port Arthur, designated representatives and 
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard.

    Dated: June 29, 2011.
Z.H. Pickett,
Commander, U.S. Coast Guard, Captain of the Port, Port Arthur Acting.
[FR Doc. 2011-21461 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P


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