37910 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

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 

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 

Scott.K.Whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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°05′50′′ N and to the south at latitude 

30°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 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T08–0416 to read as 

follows: 

§ 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°05′50′′ N and to the 

south at latitude 30°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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0495] 

RIN 1625–AA00 

Safety Zone; Ohio River, Olmsted, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule and request 

for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

a portion of the Ohio River in Olmsted, 

IL. This action is necessary to protect 


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