[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Proposed Rules]
[Page 27953-27956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn09-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0359]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on September 19 and 20, 2009 for a portion of the Sabine River,
shoreline to shoreline, adjacent to the Naval Reserve Center and the
Orange public boat ramps located in Orange, TX. The northern boundary
is from the end of Navy Pier One at 30[deg]05'45'' N 93[deg]43'24'' W
then easterly to the river's eastern shore. The southern boundary is a
line shoreline to shoreline at latitude 30[deg]05'33'' N. This safety
zone is needed to protect spectators and vessels from potential safety
hazards associated with a high speed boat race. With the exception of
participating vessels and patrol craft, entry into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Port Arthur, or a designated representative.
[[Page 27954]]
DATES: Comments and related material must reach the Coast Guard on or
before July 13, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0359 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Scott Whalen, Marine Safety Unit
Port Arthur, telephone (409) 719-5086 or e-mail
scott.k.whalen@uscg.mil. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0359), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0359'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0359 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The City of Orange is sponsoring high speed boat races on the
Sabine River in Orange, TX on September 19 and September 20, 2009. Race
boats will be traveling at a very high rate of speed and at times may
not be able to stop or avoid a collision if spectator or other vessels
are operating in close proximity to the race course. The proposed
safety zone is needed to protect the race boats, persons and spectators
from the potential safety hazards associated with high speed boat
races.
Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone for a
portion of the Sabine River, shoreline to shoreline, adjacent to the
Naval Reserve Center and the Orange public boat ramps located in
Orange, TX. The northern boundary is from the end of Navy Pier One at
30[deg]05'45'' N 93[deg]43'24'' W then easterly to the river's eastern
shore. The southern boundary is a line shoreline to shoreline at
latitude 30[deg]05'33'' N.
All vessels except event participants and patrol craft are
prohibited from entering the safety zone unless authorized by the
Captain of the Port, Port Arthur or his designated representative. For
authorization to enter the proposed safety zone, vessels can contact
the Captain of the Port's on scene representative on VHF Channel 16 or
Vessel Traffic Service Port Arthur on VHF Channel 65A, by telephone at
(409) 719-5070, or by facsimile at (409) 719-5090.
Regulatory Analysis
We developed this proposed 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 proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The basis of
this finding is that the safety zone will only be in effect for 10
hours each day and notifications
[[Page 27955]]
to the marine community will be made through broadcast notice to
mariners and Marine Safety Information Bulletin. During non-enforcement
hours all vessels will be allowed to transit through the safety zone
without permission of the Captain of the Port, Port Arthur or a
designated representative. Additionally, breaks will be provided to
allow waiting vessels to transit safely through the safety zone. The
impacts on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed 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 9 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Scott Whalen at (409) 719-
5086. 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 proposed rule would call 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 proposed 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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 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 proposed 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 proposed rule would not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of
[[Page 27956]]
actions which do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this preliminary determination is available in the
docket where indicated under ADDRESSES. This proposed rule involves
establishing a temporary safety zone. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add new temporary Sec. 165.T08-0359 to read as follows:
Sec. 165.T08-0359 Safety Zone; 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]05'45'' N
93[deg]43'24'' W then easterly to the river's eastern shore. The
southern boundary is a line shoreline to shoreline at latitude
30[deg]05'33'' N.
(c) Effective date. This rule is effective from 9 a.m. on September
19, 2009 until 6 p.m. on September 20, 2009.
(d) Periods of Enforcement. This rule will be enforced from 9 a.m.
until 6 p.m. on September 19, 2009 and 9 a.m. until 6 p.m. on September
20, 2009. The Captain of the Port, Port Arthur will inform the public
through broadcast notice to mariners of the enforcement periods for the
safety zone.
(e) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 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: May 5, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. E9-13775 Filed 6-11-09; 8:45 am]
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