[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37910-37911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15281]



[[Page 37910]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0416]
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 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 daily on September 18, 2021 and September 
19, 2021. from 7:30 a.m. through 6 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0416 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#bcefdfd3c8c892f792ebd4ddd0d9d2fcc9cfdfdb92d1d5d0"><span class="__cf_email__" data-cfemail="164575796262385d38417e777a73785663657571387b7f7a">[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 April 29, 2021, the Coast Guard published a temporary safety 
zone to protect persons and vessels from the hazards associated with 
high speed boat races in Orange, TX (86 FR 22610). That event was 
cancelled due to weather. On May 19, 2021 the City of Orange, TX 
notified the Coast Guard that they rescheduled the races for September 
18 and 19, 2021, in the same location, adjacent to the public boat ramp 
in Orange, TX. In response, on June 23, 2021, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled Safety Zone, Sabine 
River, Orange, TX (86 FR 32846). 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 July 8, 2021, 
we received one comment supporting the proposed rule.

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 event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment supporting the 
establishment of this safety zone on our NPRM published June 23, 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 7:30 a.m. through 6 p.m. 
daily on September 18, 2021 and September 19, 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 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 10.5-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 one supporting comment 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

[[Page 37911]]

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 10.5 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. 0170.1.

0
2. Add Sec.  165.T08-0416 to read as follows:


Sec.  165.T08-0416  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) Enforcement periods. This section will be enforced from 7:30 
a.m. through 6 p.m. daily on September 18, 2021 and September 19, 2021.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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.
    (d) 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: July 14, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety 
Unit Port Arthur.
[FR Doc. 2021-15281 Filed 7-16-21; 8:45 am]
BILLING CODE 9110-04-P


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