81 FR 31504 - Safety Zone; Sabine River, Orange, Texas
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 97 (May 19, 2016)
Coast Guard
Federal Register Volume 81, Issue 97 (May 19, 2016)
| Page Range | 31504-31506 | |
| FR Document | 2016-11821 |
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)] [Rules and Regulations] [Pages 31504-31506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11821] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG 2016-0321] RIN 1625-AA00 Safety Zone; Sabine River, Orange, Texas AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for waters of the Sabine River, shoreline to shoreline, adjacent to the public boat ramp located in Orange, TX. This safety [[Page 31505]] zone is necessary to protect persons and vessels from hazards associated with a high speed boat race competition. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, Port Arthur. DATES: This rule is effective from 8:30 a.m. on May 21, 2016, through 6 p.m. on May 22, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0321 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. 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 [email protected]. 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 The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. The Coast Guard received notice on March 30, 2016 that this boat racing event is scheduled to take place on May 21 and 22, 2016. Upon full review of the event details, the Coast Guard determined that additional safety measures are necessary due to potential navigational hazards present during the high speed boat race. It is impractical to publish a NPRM because a safety zone needs to be established by May 21, 2016. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because regulatory action is necessary to limit access to the area of the high speed boat races, protect participants, spectators, and other persons and vessels from the potential hazards during a high speed boat race on a navigable waterway. The Coast Guard will notify the public and maritime community that the safety zone will be in effect and of its enforcement periods via broadcast notices to mariners (BNM) and the event will advertised in the Local Notice to Mariners (LNM). III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port, Port Arthur (COTP) has determined that the potential hazards associated with high speed boat races are a safety concern for vessels operating on the Sabine River. This rule is needed to protect participants, spectators, and other persons and vessels in the navigable waters within the safety zone during the scheduled races. IV. Discussion of the Rule This rule establishes a temporary safety zone from 8:30 a.m. on May 21, 2016 through 6:00 p.m. on May 22, 2016. The safety zone covers all navigable waters of the Sabine River, shoreline to shoreline, adjacent to the public boat ramp located in Orange, TX. The northern boundary is from the end of Navy Pier One then easterly to the river's eastern shore. The southern boundary is a line shoreline to shoreline. 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 the high speed boat races. 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. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, and duration of the safety zone. This safety zone is over a 2-day period and enforcement during the effective times, enforcement periods will include scheduled breaks, providing opportunity for vessels to transit through the affected area. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessel 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 vessel owners or operators. 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 contact 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 [[Page 31506]] 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. 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, 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 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 Management Directive 023-01 and Commandant Instruction M16475.lD, 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 during a 2-day period that will prohibit entry within the zone without permission of the Captain of the Port. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority 33 U.S.C. 1231; 50 U.S.C. 191; 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 temporary Sec. 165.T08-0321 to read as follows: Sec. 165.T08-0321 Safety Zone; Sabine River, Orange, Texas. Location. The following area is a safety zone: Waters of the Sabine River, shoreline to shoreline, adjacent to the Orange public boat ramps located in Orange, TX. The northern boundary is from the end of old Navy Pier One at 30[deg]05'50'' N. 93[deg]43'15'' 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. (NAD83). (a) Effective Periods. This rule is effective from 8:30 a.m. on May 21, 2016 through 6:00 p.m. on May 22, 2016. Enforcement during the effective periods will allow for scheduled breaks allowing vessels to pass through the safety zone. Notice of scheduled breaks will be provided as indicated under (d) Informational broadcasts. (b) Regulations. (1) Under the general safety zone regulations in Sec. 165.23 of this part, entry into this zone is prohibited to all persons and vessels except 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-FM channel 13 or 16, or by phone at by telephone at 409-719-5070. (3) All persons and vessels shall comply with the lawful orders or directions given to them by the Captain of the Port, Port Arthur or the Captain of the Port's designated representative. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. (c) Information broadcasts. The Coast Guard will inform the public through broadcast notices to mariners of channel restrictions and Vessel Traffic Service advisories on VHF-FM channel 65A. Dated: April 15, 2016. R.S. Ogrydziak, Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas. [FR Doc. 2016-11821 Filed 5-18-16; 8:45 am] BILLING CODE 9110-04-P
![31504 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations
effect, in accordance with its own HUD’s personnel regulations by required by statute, or the rule preempts
regulations on rulemaking at 24 CFR removing HUD’s EEO regulation that, State law, unless the agency meets the
part 10. Part 10 provides for exceptions when issued, was established to consultation and funding requirements
to the general rule if the agency finds conform to the EEOC’s regulation but is of section 6 of the Executive order. This
good cause to omit advance notice and now outdated. HUD is consolidating its rule will not have federalism
public participation. The good cause EEO policy and guidance in implications and would not impose
requirement is satisfied when prior administrative guidance, allowing HUD substantial direct compliance costs on
public procedure is ‘‘impracticable, more flexibility to effectively State and local governments or preempt
unnecessary, or contrary to the public incorporate amendments to EEOC’s State law within the meaning of the
interest’’ (24 CFR 10.1; see also 5 U.S.C. regulation and simplify procedures for Executive order.
553(b)). HUD finds that public notice parties seeking to exercise their EEO
rights. This final rule is, nevertheless, Environmental Review
and comment are unnecessary for this
rulemaking because HUD’s EEO consistent with the goals of Executive This final rule does not direct,
regulation is obsolete and unnecessary, Order 13563, to reduce regulatory provide for assistance or loan and
and, as such, its removal does not burdens and maintain maximum agency mortgage insurance for, or otherwise
establish or affect substantive policy. flexibility. govern or regulate, real property
HUD’s EEO regulation was initially acquisition, disposition, leasing,
Regulatory Flexibility Act
promulgated to mirror and conform to rehabilitation, alteration, demolition, or
EEOC’s regulation, but was later The Regulatory Flexibility Act (RFA) new construction, or establish, revise or
effectively superseded as EEOC revised (5 U.S.C. 601 et seq.) generally requires provide for standards for construction or
its regulations. For the sake of accuracy an agency to conduct a regulatory construction materials, manufactured
and flexibility, HUD will address in flexibility analysis of any rule subject to housing, or occupancy. Accordingly,
administrative guidance, rather than in notice and comment rulemaking under 24 CFR 50.19(c)(1), this final rule
the Code of Federal Regulations, any requirements, unless the agency certifies is categorically excluded from
future changes to its internal EEO policy that the rule will not have a significant environmental review under the
and procedures. Additionally, this will economic impact on a substantial National Environmental Policy Act of
eliminate confusion resulting from number of small entities. Because HUD 1969 (42 U.S.C. 4321).
having two regulations that address the has determined that good cause exists to
issue this rule without prior public List of Subjects in 24 CFR Part 7
same EEO laws yet differ in currency
and scope. comment, this rule is not subject to the Administrative practice and
For these reasons, HUD has requirement to publish an initial or final procedure, Equal employment
determined that it is unnecessary to regulatory flexibility analysis under the opportunity, Organization and functions
delay the effectiveness of this rule in RFA as part of such action. (Government agencies).
order to solicit prior public comment. Unfunded Mandates Reform PART 7—[REMOVED]
III. Findings and Certification Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA) 1 ■ Accordingly, under 42 U.S.C. 3535(d)
Regulatory Review—Executive Orders
requires that an agency prepare a and as discussed in the preamble, the
12866 and 13563
budgetary impact statement before Department of Housing and Urban
Under Executive Order 12866 promulgating a rule that includes a Development is amending 24 CFR by
(Regulatory Planning and Review), a Federal mandate that may result in the removing part 7.
determination must be made whether a expenditure by State, local, and tribal Dated: May 12, 2016.
regulatory action is significant and governments, in the aggregate, or by the Nani A. Coloretti,
therefore subject to review by the Office private sector, of $100 million or more
of Management and Budget (OMB) in Secretary.
in any one year. If a budgetary impact
accordance with the requirements of the [FR Doc. 2016–11806 Filed 5–18–16; 8:45 am]
statement is required, section 205 of
order. Executive Order 13563 UMRA also requires an agency to BILLING CODE P
(Improving Regulations and Regulatory identity and consider a reasonable
Review) directs executive agencies to number of regulatory alternatives before
analyze regulations that are ‘‘outmoded, promulgating a rule.2 However, the DEPARTMENT OF HOMELAND
ineffective, insufficient, or excessively UMRA applies only to rules for which SECURITY
burdensome, and to modify, streamline, an agency publishes a general notice of
expand, or repeal them in accordance Coast Guard
proposed rulemaking. As discussed
with what has been learned. Executive above, HUD has determined, for good
Order 13563 also directs that, where 33 CFR Part 165
cause, that prior notice and public
relevant, feasible, and consistent with comment is not required on this rule [Docket Number USCG 2016–0321]
regulatory objectives, and to the extent and, therefore, the UMRA does not
permitted by law, agencies are to RIN 1625–AA00
apply to this final rule.
identify and consider regulatory Safety Zone; Sabine River, Orange,
approaches that reduce burdens and Executive Order 13132, Federalism
Texas
maintain flexibility and freedom of Executive Order 13132 (entitled
asabaliauskas on DSK3SPTVN1PROD with RULES
choice for the public. ‘‘Federalism’’) prohibits an agency from AGENCY: Coast Guard, DHS.
Since this final rule covers internal publishing any rule that has federalism ACTION: Temporary final rule.
HUD operations and pertains only to implications if the rule either imposes
current/former employees and substantial direct compliance costs on SUMMARY: The Coast Guard is
applicants for employment at HUD, it is State and local governments and is not establishing a temporary safety zone for
not subject to review under Executive waters of the Sabine River, shoreline to
Order 12866. As discussed in this 12 U.S.C. 1532. shoreline, adjacent to the public boat
preamble, the final rule would amend 22 U.S.C. 1534. ramp located in Orange, TX. This safety
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![31506 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations
responsiveness to small business. If you Environmental Policy Act of 1969 (42 through 6:00 p.m. on May 22, 2016.
wish to comment on actions by U.S.C. 4321–4370f), and have Enforcement during the effective
employees of the Coast Guard, call 1– determined that this action is one of a periods will allow for scheduled breaks
888–REG–FAIR (1–888–734–3247). The category of actions that do not allowing vessels to pass through the
Coast Guard will not retaliate against individually or cumulatively have a safety zone. Notice of scheduled breaks
small entities that question or complain significant effect on the human will be provided as indicated under (d)
about this rule or any policy or action environment. This rule involves a safety Informational broadcasts.
of the Coast Guard. zone during a 2-day period that will (b) Regulations. (1) Under the general
prohibit entry within the zone without safety zone regulations in § 165.23 of
C. Collection of Information
permission of the Captain of the Port. It this part, entry into this zone is
This rule will not call for a new is categorically excluded from further prohibited to all persons and vessels
collection of information under the review under paragraph 34(g) of Figure except those vessels specifically
Paperwork Reduction Act of 1995 (44 2–1 of the Commandant Instruction. An authorized by the Captain of the Port,
U.S.C. 3501–3520). environmental analysis checklist Port Arthur or a designated
D. Federalism and Indian Tribal supporting this determination and a representative.
Governments Categorical Exclusion Determination are (2) Persons or vessels requiring entry
available in the docket where indicated into or passage through must request
A rule has implications for federalism under ADDRESSES. We seek any permission from the Captain of the Port,
under Executive Order, Federalism, if it comments or information that may lead Port Arthur, or a designated
has a substantial direct effect on the to the discovery of a significant representative. They may be contacted
States, on the relationship between the environmental impact from this rule. on VHF–FM channel 13 or 16, or by
national government and the States, or phone at by telephone at 409–719–5070.
on the distribution of power and G. Protest Activities
(3) All persons and vessels shall
responsibilities among the various The Coast Guard respects the First comply with the lawful orders or
levels of government. We have analyzed Amendment rights of protesters. directions given to them by the Captain
this rule under that Order and have Protesters are asked to contact the of the Port, Port Arthur or the Captain
determined that it is consistent with the person listed in the FOR FURTHER of the Port’s designated representative.
fundamental federalism principles and INFORMATION CONTACT section to On-scene U.S. Coast Guard patrol
preemption requirements described in coordinate protest activities so that your personnel include commissioned,
Executive Order 13132. message can be received without warrant, and petty officers of the U.S.
Also, this rule does not have tribal jeopardizing the safety or security of Coast Guard.
implications under Executive Order people, places or vessels. (c) Information broadcasts. The Coast
13175, Consultation and Coordination Guard will inform the public through
with Indian Tribal Governments, List of Subjects in 33 CFR Part 165
broadcast notices to mariners of channel
because it does not have a substantial Harbors, Marine safety, Navigation restrictions and Vessel Traffic Service
direct effect on one or more Indian (water), Reporting and recordkeeping advisories on VHF–FM channel 65A.
tribes, on the relationship between the requirements, Security measures, and
Federal Government and Indian tribes, Waterways. Dated: April 15, 2016.
or on the distribution of power and For the reasons discussed in the R.S. Ogrydziak,
responsibilities between the Federal preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Captain of the
Government and Indian tribes. If you CFR part 165 as follows: Port, Port Arthur, Texas.
believe this rule has implications for [FR Doc. 2016–11821 Filed 5–18–16; 8:45 am]
federalism or Indian tribes, please PART 165–REGULATED NAVIGATION BILLING CODE 9110–04–P
contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS
FURTHER INFORMATION CONTACT section
above. ■ 1. The authority citation for part 165
continues to read as follows: LIBRARY OF CONGRESS
E. Unfunded Mandates Reform Act
Authority 33 U.S.C. 1231; 50 U.S.C. 191; Copyright Royalty Board
The Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation
37 CFR Part 370
Federal agencies to assess the effects of No. 0170.1.
their discretionary regulatory actions. In ■ 2. Add temporary § 165.T08–0321 to [Docket No. RM 2008–7]
particular, the Act addresses actions read as follows:
that may result in the expenditure by a Notice and Recordkeeping for Use of
State, local, or tribal government, in the § 165.T08–0321 Safety Zone; Sabine River, Sound Recordings Under Statutory
aggregate, or by the private sector of Orange, Texas. License
$100,000,000 (adjusted for inflation) or Location. The following area is a
more in any one year. Though this rule safety zone: Waters of the Sabine River, AGENCY: Copyright Royalty Board,
will not result in such expenditure, we shoreline to shoreline, adjacent to the Library of Congress.
do discuss the effects of this rule Orange public boat ramps located in ACTION: Final rule.
elsewhere in this preamble. Orange, TX. The northern boundary is
asabaliauskas on DSK3SPTVN1PROD with RULES
from the end of old Navy Pier One at SUMMARY: The Copyright Royalty Judges
F. Environment 30°05′50″ N. 93°43′15″ W. then easterly are amending a Copyright Royalty Board
We have analyzed this rule under to the river’s eastern shore. The rule regarding reporting requirements
Department of Homeland Security southern boundary is a line shoreline to for certain Educational Stations that pay
Management Directive 023–01 and shoreline at latitude 30°05′33″ N. no more than the minimum fee for their
Commandant Instruction M16475.lD, (NAD83). use of sound recordings under the
which guide the Coast Guard in (a) Effective Periods. This rule is applicable statutory licenses.
complying with the National effective from 8:30 a.m. on May 21, 2016 DATES: Effective May 19, 2016.
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Document Created: 2018-02-07 15:01:24
Document Modified: 2018-02-07 15:01:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 8:30 a.m. on May 21, 2016, through 6 p.m. on May 22, 2016. | |
| 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 [email protected] | |
| FR Citation | 81 FR 31504 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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