Safety Zone; Sabine River, Orange, TX, 26843-26846 [2014-10753]
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
rules. The trustee makes monthly payments
of $1,000 to pay the premiums due for
Participant P’s health insurance and
Participant P’s account balance is reduced by
$1,000 at the time of each premium payment.
In June 2015, Participant P is admitted to the
hospital for covered medical care, and in July
2015, the health insurer pays the hospital
$5,000 for the medical care provided to
Participant P in June.
(ii) Conclusion. Under paragraph (e)(1) of
this section, each of the trustee’s payments of
$1,000 constitutes a taxable distribution
under section 402(a) to Participant P on the
date of each payment. The amount of these
distributions may constitute payments for
medical care under section 213. The $5,000
payment to the hospital is excludable from
Participant P’s gross income under section
104(a)(3) and is not treated as a distribution
from the plan.
Example 2. (i) Facts. Employer B sponsors
a profit-sharing plan qualified under section
401(a). The plan provides for elective
contributions described in section 401(k) and
matching contributions as well as nonelective employer profit-sharing
contributions. The plan does not provide that
a disabled participant’s compensation for
purposes of determining plan contributions
includes amounts that the participant would
have received in the absence of the disability,
and accordingly Employer B does not make
any contributions to the plan for the benefit
of a disabled employee for the period of
disability. The plan’s trustee enters into a
contract with a third-party insurance carrier
to provide disability insurance for plan
participants who elect to be covered under
the insurance contract. The insurance
contract provides for the payment of an
amount to the trustee on a participant’s
behalf during the period of the participant’s
disability. Amounts to be paid to the trustee
from the insurance contract with respect to
a participant are equal to the sum of the
elective, matching, and non-elective
employer profit-sharing contributions that
would have been made on the participant’s
behalf during the participant’s disability
(based on the participant’s rate of
compensation before becoming disabled)
with the payments to continue for the
duration of the disability until age 65 (or 5
years after the participant became disabled,
if later). Participant Q elects to be covered
under the insurance contract, and the trustee
makes the periodic premium payments out of
the account balance of Participant Q. In June
2015, Participant Q becomes disabled. During
the period Participant Q is absent from
employment due to disability, the insurer
pays the trust the amount of the elective
contributions and non-elective employer
profit-sharing contributions that would have
been made to the trust with respect to
Participant Q had Participant Q not been
disabled. The amount of the premiums for
the insurance contract satisfies the
limitations on incidental benefits under
§ 1.401–1(b)(1)(ii).
(ii) Conclusion. The payment of premiums
from the trust is described in paragraph
(e)(1)(iii) of this section. Accordingly, none of
the premium payments under the contract
constitute a distribution under section 402(a)
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to Participant Q. Further, amounts paid from
the insurance contract to the trust also do not
constitute a distribution to Participant Q.
However, when Participant Q’s account
balance is distributed from the trust, the
distribution will be subject to taxation in the
year of distribution in accordance with the
rules in section 402.
DEPARTMENT OF HOMELAND
SECURITY
(7) Effective/applicability date. This
paragraph (e) applies for taxable years
beginning on or after January 1, 2015.
Par. 8. Section 1.402(c)–2 is amended
by redesignating paragraph A–4(j) as
paragraph A–4(k) and adding a new
paragraph A–4(j) to read as follows:
26843
RIN 1625–AA00
§ 1.402(c)–2 Eligible rollover
contributions; questions and answers.
*
*
*
*
*
A–4: * * *
(j) Distributions of premiums for
accident or health insurance under
§ 1.402(a)–1(e)(1)(i). This paragraph A–
4(j) applies for taxable years beginning
on or after January 1, 2015.
*
*
*
*
*
Par. 9. Section 1.403(a)–1 is amended
by revising paragraph (g) to read as
follows:
§ 1.403(a)–1 Taxability of beneficiary under
a qualified annuity plan.
*
*
*
*
*
(g) The rules of § 1.402(a)–1(e) apply
for purposes of determining the
treatment of amounts paid to provide
accident and health insurance benefits.
Par. 10. Section 1.403(b)–6 is
amended in paragraph (g) by adding two
sentences at the end of the paragraph to
read as follows:
§ 1.403(b)–6
benefits.
Timing of distributions and
*
*
*
*
*
(g) * * * The rules of § 1.402(a)–1(e)
apply for purposes of determining when
certain incidental benefits are treated as
distributed and included in gross
income. See §§ 1.72–15 and 1.72–16.
*
*
*
*
*
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 6, 2014.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2014–10849 Filed 5–9–14; 8:45 am]
33 CFR Part 165
[Docket Number USCG–2014–0134]
Safety Zone; Sabine River, Orange, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Sabine River
in Orange, TX in support of Deep South
Racing Association (DSRA) boat races.
This temporary safety zone is necessary
to protect the surrounding public and
vessels from the hazards associated with
a boat race competition. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the COTP or his
designated representative.
DATES: This rule is effective May 31,
2014 through June 1, 2014. This rule
will be enforced from 8:30 a.m. until
6:00 p.m. on May 31, 2014, and from
8:30 a.m. until 6:00 p.m. on June 1,
2014.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2014–0134]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Scott Whalen, U.S. Coast
Guard MSU Port Arthur, (409) 719–5086
or email, scott.k.whalen@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
BILLING CODE 4830–01–P
PO 00000
Coast Guard
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) 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 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 3, 2014
that this event is planned to take place
May 31 and June 1, 2014. This is the
first time this event has taken place in
Orange, TX, and upon full review of the
event details, the Coast Guard
determined that additional safety
measures are necessary.
Completing the full NPRM process
would be impracticable, delaying the
effective date for this safety zone.
Immediate action is necessary to protect
event participants and members of the
public from hazards associated with
high speed boat races on the waterway.
This event is advertised and the local
community has planned for this event.
Delaying the safety zone may also
unnecessarily interfere with the planned
event and possible contractual
obligations.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Providing a full 30 days notice and
delaying the effective date for this safety
zone would be impracticable because
immediate action is necessary to protect
event participants and members of the
public from the hazards present during
a personal watercraft race competition.
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 will be
published in the Local Notice to
Mariners (LNM).
emcdonald on DSK67QTVN1PROD with RULES
B. Basis and Purpose
The Deep South Racing Association
(DSRA) is holding a two day watercraft
race competition on the Sabine River in
Orange, TX on May 31 and June 1, 2014.
This event poses a hazard to life and
property as it involves high speed
watercraft racing in a narrow waterway
frequented by other commercial and
recreational vessel traffic. Additionally,
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the race event is likely to attract
spectator craft to the area. The Coast
Guard determined that a temporary
safety zone is needed to protect
spectators as well as persons
participating in the event. The legal
basis and authorities for this rulemaking
establishing a safety zone are found in
33 U.S.C. 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; Pub.
L. 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish and define regulatory safety
zones. A safety zone is necessary to
protect vessels and mariners from the
hazards associated with this high speed
boat race on the waterway.
C. Discussion of the Temporary Final
Rule
The Coast Guard is establishing a
temporary safety zone encompassing 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°05′45″ N 93°43′24″ W then
easterly to the rivers eastern shore. The
southern boundary is a line shoreline to
shoreline at latitude 30°05′33″ N
(NAD83).
This safety zone is needed to protect
mariners and event participants from
hazards associated with high speed boat
races. No person or vessel may enter
into or remain in the zone without
permission of the Captain of the Port.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under 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 9.5 hours each
day for two days; (2) scheduled breaks
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will be provided to allow waiting
vessels to transit safely through the
affected area; (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 (BNM) and Local
Notice to Mariners (LNM). Therefore,
the Coast Guard enforcement of this
safety zone is not a significant
regulatory action.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule may affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit through or
remain in the safety zone area. 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 for
the following reasons: (1) This rule will
only be enforced from 8:30 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.
3. 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 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, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
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.
4. 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).
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
determined that this rule does not have
implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
emcdonald on DSK67QTVN1PROD with RULES
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.
8. Taking of Private Property
This rule will 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.
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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.
10. 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
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
5. Federalism
VerDate Mar<15>2010
9. Civil Justice Reform
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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 established for the protection of
spectators from the hazards associated
with a personal watercraft race
competition. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A checklist
and categorical exclusion determination
will be provided in the docket
accessible as indicated under
ADDRESSES.
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26845
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
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. A new temporary section
§ 165.T08–0134 is added to read as
follows:
■
§ 165.T08–0134
Orange, TX.
Safety Zone; Sabine River,
(a) 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°05′45″ N
93°43′24″ W then easterly to the rivers
eastern shore. The southern boundary is
a line shoreline to shoreline at latitude
30°05′33″ N (NAD83).
(b) Effective dates and enforcement
times. This rule is effective on May 31,
2014 and on June 1, 2014. This rule will
be enforced from 8:30 a.m. until 6:00
p.m. on May 31, 2014, and from 8:30
a.m. until 6:00 p.m. on June 1, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, no
person or vessel may enter into or
remain in the zone without permission
of the Captain of the Port.
(2) Persons or vessels requiring entry
into or passage through the zone may
contact the Captain of the Port, Port
Arthur, or a designated representative.
They may be contacted on VHF–FM
Channels 16, or by phone at (409) 719–
5070.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port, Port Arthur 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.
(d) Information Broadcasts. The
Captain of the Port, Port Arthur or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the planned schedule.
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
Dated: April 9, 2014.
G.J. Paitl,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur.
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2014–10753 Filed 5–9–14; 8:45 am]
A. Regulatory History and Information
On Thursday, September 26, 2013 the
Coast Guard published a notice of
proposed rulemaking (NPRM) in the
Federal Register (78 FR 59313). No
Public meetings were requested or held.
One formal written comment was
received.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0503]
RIN 1625–AA00
Safety Zones; Captain of the Port
Boston Fireworks Display Zones,
Boston Harbor, Boston, MA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing six permanent safety zones
throughout Boston Inner Harbor to be
enforced during certain fireworks
displays. These six permanent safety
zones will expedite public notification
of certain fireworks events and ensure
the protection of the maritime public
and event participants from the hazards
associated with maritime fireworks
displays.
DATES: This rule is effective on June 11,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0503. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ Box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with the
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Mark Cutter, Coast Guard
Sector Boston Waterways Management
Division, telephone 617–223–4000,
email Mark.E.Cutter@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
Table of Acronyms
CFR
Code of Federal Regulations
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16:04 May 09, 2014
Jkt 232001
B. Basis and Purpose
The legal basis for this rule is 33
U.S.C. 1231, 1233; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, and 160.5; Public Law 107–
295, 116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define regulatory safety
zones.
Fireworks displays are held multiple
times throughout the course of the year
on U.S. navigable waters within Boston
Inner Harbor. In the past, to ensure the
protection of the maritime public and
event participants from the hazards
associated with these marine events, the
Coast Guard has established a temporary
safety zone around each display in
response to a request from the fireworks
display organizer. Establishing
individual safety zones in this case-bycase manner has proved to be
administratively cumbersome.
To relieve administrative overhead
and better apprise the public on
designated safety locations, this rule
will establish safety zones that will
remain in effect permanently but will be
enforced When deemed necessary by
the Captain of the Port (COTP). These
permanent safety zones will be
published in Title 33 of the Code of
Federal Regulations.
By establishing a permanent
regulation containing these designated
safety zones, the Coast Guard will
eliminate the need to establish a
temporary final rule for each fireworks
display that occurs in Boston Harbor.
This will alleviate the unnecessary
administrative costs and burden
associated with continually establishing
temporary final rules for each event year
after year. Moreover, the Coast Guard
expects that placing these safety zones
in the Code of Federal Regulations on a
permanent basis will leave the public
better informed about the location of
and conditions associated with
recurring maritime fireworks displays.
C. Discussion of Comments, Changes,
and the Final Rule
For the reason discussed above, the
Coast Guard is establishing six
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permanent safety zones in a new section
of the Code of Federal Regulations, 33
CFR 165.119. Although these six safety
zones will be in effect permanently, the
associated regulations will only be
enforced immediately before, during,
and after a fireworks display. The Coast
Guard anticipates that these safety zones
will be enforced between the hours of
6:00 p.m. (e.s.t) and 1:00 a.m. (e.s.t), but
the exact dates and times of
enforcement will be published in the
Federal Register via a Notice of
Enforcement. The Coast Guard will also
provide notice of enforcement through
Local Notice to Mariners (LNM) and
Broadcast Notice to Mariners (BNTM)
prior to each event.
These six safety zones are the
Charlestown Safety Zone, the Long
Wharf Safety Zone, the Fan Pier Safety
Zone, the Pier 6 Safety Zone, the North
Jetty Safety Zone, and the Castle Island
Safety Zone. The exact coordinates and
sizes of each safety zone are listed
below. The Coast Guard expects that
during an enforcement period a safety
zone will have a barge within the zone
with a ‘‘FIREWORKS–STAY AWAY’’
sign on its port and starboard sides.
No vessels, except for fireworks barge
and accompanying vessels, will be
allowed to enter into, transit through, or
anchor within a safety zone during an
enforcement period without the
permission of the COTP or the
designated on-scene representative.
The one written comment received in
the docket strongly supported the
establishment of these Safety Zones.
However, the comment contained two
recommendations. First, the commenter
recommended that the Coast Guard
automatically enforce a safety zone
anytime a fireworks display is going on
within said safety zone rather than
enforcing each zone only after requested
to do so by a fireworks organizer. The
commenter is correct that the NPRM
states that the Coast Guard will enforce
these safety zones ‘‘only upon request of
a fireworks display organizer.’’ The
Coast Guard maintains continual
awareness of planned fireworks displays
while exercising its authority under 33
CFR Part 100 and in keeping with that
authority, fireworks display organizers
are required to submit to the Coast
Guard a marine event application. As a
result, the COTP becomes aware of a
planned event and then has the option
to enforce a safety zone for that
fireworks display.
Although the Coast Guard expects to
enforce these safety zones only after
receiving a request, the Coast Guard
may enforce them anytime that the
COTP determines that it is necessary for
the purposes of safety. This rule does
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26843-26846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0134]
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 on the
navigable waters of the Sabine River in Orange, TX in support of Deep
South Racing Association (DSRA) boat races. This temporary safety zone
is necessary to protect the surrounding public and vessels from the
hazards associated with a boat race competition. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the COTP or his designated
representative.
DATES: This rule is effective May 31, 2014 through June 1, 2014. This
rule will be enforced from 8:30 a.m. until 6:00 p.m. on May 31, 2014,
and from 8:30 a.m. until 6:00 p.m. on June 1, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0134]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, U.S. Coast Guard MSU Port Arthur, (409)
719-5086 or email, scott.k.whalen@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[[Page 26844]]
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) 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 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 3,
2014 that this event is planned to take place May 31 and June 1, 2014.
This is the first time this event has taken place in Orange, TX, and
upon full review of the event details, the Coast Guard determined that
additional safety measures are necessary.
Completing the full NPRM process would be impracticable, delaying
the effective date for this safety zone. Immediate action is necessary
to protect event participants and members of the public from hazards
associated with high speed boat races on the waterway. This event is
advertised and the local community has planned for this event. Delaying
the safety zone may also unnecessarily interfere with the planned event
and possible contractual obligations.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing a full 30
days notice and delaying the effective date for this safety zone would
be impracticable because immediate action is necessary to protect event
participants and members of the public from the hazards present during
a personal watercraft race competition.
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 will be published in the Local
Notice to Mariners (LNM).
B. Basis and Purpose
The Deep South Racing Association (DSRA) is holding a two day
watercraft race competition on the Sabine River in Orange, TX on May 31
and June 1, 2014. This event poses a hazard to life and property as it
involves high speed watercraft racing in a narrow waterway frequented
by other commercial and recreational vessel traffic. Additionally, the
race event is likely to attract spectator craft to the area. The Coast
Guard determined that a temporary safety zone is needed to protect
spectators as well as persons participating in the event. The legal
basis and authorities for this rulemaking establishing a safety zone
are found in 33 U.S.C. 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; Pub. L. 107-
295, 116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to establish and
define regulatory safety zones. A safety zone is necessary to protect
vessels and mariners from the hazards associated with this high speed
boat race on the waterway.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary safety zone
encompassing 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
rivers eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05'33'' N (NAD83).
This safety zone is needed to protect mariners and event
participants from hazards associated with high speed boat races. No
person or vessel may enter into or remain in the zone without
permission of the Captain of the Port.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under 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 9.5 hours each day for two days; (2) scheduled breaks will
be provided to allow waiting vessels to transit safely through the
affected area; (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 (BNM) and Local Notice to Mariners (LNM).
Therefore, the Coast Guard enforcement of this safety zone is not a
significant regulatory action.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit through or remain in the safety zone area. 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
for the following reasons: (1) This rule will only be enforced from
8:30 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.
3. 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 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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 26845]]
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will 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.
9. 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.
10. 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 established for the
protection of spectators from the hazards associated with a personal
watercraft race competition. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A checklist and categorical exclusion determination will
be provided in the docket accessible as indicated under ADDRESSES.
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 AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary section Sec. 165.T08-0134 is added to read as
follows:
Sec. 165.T08-0134 Safety Zone; Sabine River, Orange, TX.
(a) 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 rivers eastern shore. The
southern boundary is a line shoreline to shoreline at latitude
30[deg]05'33'' N (NAD83).
(b) Effective dates and enforcement times. This rule is effective
on May 31, 2014 and on June 1, 2014. This rule will be enforced from
8:30 a.m. until 6:00 p.m. on May 31, 2014, and from 8:30 a.m. until
6:00 p.m. on June 1, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, no person or vessel may enter into or remain in the zone
without permission of the Captain of the Port.
(2) Persons or vessels requiring entry into or passage through the
zone may contact the Captain of the Port, Port Arthur, or a designated
representative. They may be contacted on VHF-FM Channels 16, or by
phone at (409) 719-5070.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur 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.
(d) Information Broadcasts. The Captain of the Port, Port Arthur or
a designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
[[Page 26846]]
Dated: April 9, 2014.
G.J. Paitl,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2014-10753 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P
