Safety Zone; Sabine River, Orange, TX, 16613-16616 [2019-08058]
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations
officer must issue the visa, refuse the
visa under INA 212(a) or 221(g) or other
applicable law or, pursuant to an
outstanding order under INA 243(d),
discontinue granting the visa.
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■ 6. Add § 42.84 to read as follows:
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§ 42.84 Discontinuance of Granting
Immigrant Visa Pursuant to INA 243(d).
(a) Grounds for discontinuance of
granting a visa. Consular officers in a
country subject to an order by the
Secretary under INA 243(d) shall
discontinue granting immigrant visas for
categories of immigrant visas specified
in the order of the Secretary (or his or
her designee), and pursuant to
procedures dictated by the Department.
(b) Discontinuance procedure—(1)
Applications refused or discontinued
only. Starting on the day the Secretary’s
(or designee’s) order to discontinue
granting visas takes effect (effective
date), no visas falling within the scope
of the order, as described by the order,
may be issued in the referenced country
to an applicant who falls within the
scope of the order, except as otherwise
expressly provided in the order or
related Department instructions.
Beginning on the effective date, a
consular officer must refuse the visa if
the individual is not eligible for the visa
under INA 212(a), INA 221(g), or other
applicable law, but if the applicant is
otherwise eligible must process the
application by discontinuing granting,
regardless of when the application was
filed, if the applicant falls within the
scope of the order and no exception
applies. The application processing fee
will not be refunded. The requirement
to discontinue issuance may not be
waived, and continues until the
sanction is terminated as described
below. In the case of diversity
immigrant selectees applying under INA
203(c), if the discontinuance of granting
has not been lifted by the end of the
fiscal year, the applicant will not be
eligible for a diversity visa for that fiscal
year, regardless of the status of the
diversity immigrant visa application at
the time 243(d) sanctions were imposed.
(2) Geographic applicability. Visa
sanctions under INA 243(d) only apply
to visa issuance in the country that is
sanctioned. If a consular officer has a
reason to believe that a visa applicant
potentially subject to INA 243(d)
sanctions is applying at a post outside
the sanctioned country to evade visa
sanctions under INA 243(d), (e.g., the
applicant provides no credible
explanation for applying outside the
country) the consular officer will
transfer the case to the consular post in
the consular district where INA 243(d)
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sanctions apply, review any other
applicable Department instructions and
proceed accordingly. When cases are
transferred to a consular district where
INA 243(d) sanctions apply, the
adjudication will be subject to the
discontinuation of issuance under the
sanctions.
(b) Termination of sanction. The
Department shall notify consular
officers in an affected country the
sanction under INA 243(d) has been
lifted. After notification, normal
consular operations may resume
consistent with these regulations and
guidance from the Department. Once the
sanction under INA 243(d) is lifted, no
new application processing fees are
required in cases where issuance has
been discontinued pursuant to an INA
243(d) order, and consular officers in
the affected post must adjudicate the
visa application consistent with
regulations and Department guidance.
Consular officers may require applicants
to update the visa application forms,
must conduct any necessary
adjudicatory steps, and may reinterview to determine eligibility. In
numerically controlled immigrant visa
categories, an applicant’s immigrant
visa priority date may no longer be
current once sanctions under INA
243(d) are lifted, in which case the
applicant must await visa availability.
Dated: April 11, 2019
Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2019–08061 Filed 4–19–19; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0160]
RIN 1625–AA00
Safety Zone; Sabine River, Orange, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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. This action is
necessary to protect persons and vessels
from hazards associated with a highspeed Jet Ski race competition in
Orange, TX. Entry of vessels or persons
into this zone is prohibited unless
SUMMARY:
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16613
authorized by the Captain of the Port
Marine Safety Unit Port Arthur or a
designated representative.
DATES: This rule is effective from 10
a.m. on April 27, 2019 through 6 p.m.
on April 28, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0160 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
Scott.K.Whalen@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Port Arthur
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
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 an
NPRM with respect to this rule because
it is impracticable. This safety zone
must be established by April 27, 2019
and we lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the dates of the highspeed races and compromise public
safety.
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. Delaying the effective date of
this rule would be impracticable and
contrary to public interest because
immediate action is needed to protect
persons and vessels from the potential
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations
hazards during a high-speed Jet Ski race
on a navigable waterway.
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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 COTP
has determined that the potential
hazards associated with high-speed Jet
Ski races are a safety concern for
persons and vessels operating on the
Sabine River. Possible hazards include
risks of injury or death from near or
actual contact among participant vessels
and spectators or mariners traversing
through the safety zone. This rule is
needed to protect all waterway users,
including event participants and
spectators, before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 10 a.m. through 6 p.m.
each day from April 27, 2019 through
April 28, 2019. The safety zone covers
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 by the Navy Pier
One between latitude 30°05′50″ N and
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 highspeed Jet Ski races and will include
breaks and opportunity for vessels to
transit through the regulated area.
No vessel or person is permitted to
enter the safety zone without obtaining
permission from the 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. A designated representative may
be a Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
zone. All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators.
Spectator vessels desiring to transit
the zone may do so only with prior
approval of the COTP or a designated
representative and when so directed by
that officer must be operated at a
minimum safe navigation speed in a
manner that will not endanger any other
vessels. No spectator vessel shall
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anchor, block, loiter, or impede the
through transit of official patrol vessels
in the zone during the effective dates
and times, unless cleared for entry by or
through the COTP or a designated
representative. Any spectator vessel
may anchor outside the zone, but may
not anchor in, block, or loiter in a
navigable channel. Spectator vessels
may be moored to a waterfront facility
within the zone in such a way that they
shall not interfere with the progress of
the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the zone and remain
moored through the duration of the
event.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
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 zone,
citation for failure to comply, or both.
The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property. The COTP or a
designated representative will terminate
enforcement of the safety zone at the
conclusion of the event.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This safety
zone encompasses a less than half-mile
stretch of the Sabine River for eight
hours on each of two days. Moreover,
the Coast Guard will issue Broadcast
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Notice to Mariners (BNMs) via VHF–FM
marine channel 16 about the zone, daily
enforcement periods will include breaks
that will provide an opportunity for
vessels to transit through the regulated
area, and the rule allows vessels 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
temporary 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
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).
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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. 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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 lasting 8 hours on each of two days
that will prohibit entry on less than a
one-half mile stretch of the Sabine
River. 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. 01. A Record of Environmental
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Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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,
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.T08–0160 to read as
follows:
■
§ 165.T08–0160
Orange, Texas.
Safety Zone; Sabine River,
(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 by
the Navy Pier One between latitude
30°05′50″ N and latitude 30°05′33″ N.
(b) Effective period. This section is
effective from 10 a.m. on April 27, 2019
through 6 p.m. on April 28, 2019.
(c) Enforcement periods. This section
will be enforced from 10 a.m. through
6 p.m. daily. Breaks in the racing will
occur during the enforcement periods,
which will allow for vessels to pass
through the safety zone. The Captain of
the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative
will provide notice of breaks as
appropriate per paragraph (e) of this
section.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless authorized by the
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. A
designated representative may be a
Patrol Commander (PATCOM). The
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16615
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) 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.
(7) 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.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) 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
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enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: April 10, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2019–08058 Filed 4–19–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 414
[CMS–6080–N2]
Medicare Program; Update to the
Required Prior Authorization List of
Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies
(DMEPOS) Items That Require Prior
Authorization as a Condition of
Payment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Update to list.
AGENCY:
This document announces the
addition of 12 Healthcare Common
Procedure Coding System (HCPCS)
codes to the Required Prior
Authorization List of Durable Medical
Equipment, Prosthetics, Orthotics, and
Supplies (DMEPOS) Items that require
prior authorization as a condition of
payment.
SUMMARY:
Phase one of implementation is
effective on July 22, 2019. Phase two of
implementation is effective on October
21, 2019.
FOR FURTHER INFORMATION CONTACT:
Virginia Boulin, (410) 786–1079.
Erica Ross, (410) 786–7480.
SUPPLEMENTARY INFORMATION:
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DATES:
I. Background
Sections 1832, 1834, and 1861 of the
Social Security Act (the Act) establish
that the provision of durable medical
equipment, prosthetics, orthotics, and
supplies (DMEPOS) are covered benefits
under Part B of the Medicare program.
Section 1834(a)(15) of the Act
authorizes the Secretary to develop and
periodically update a list of DMEPOS
items that the Secretary determines, on
the basis of prior payment experience,
are frequently subject to unnecessary
utilization and to develop a prior
authorization process for these items.
In the December 30, 2015 final rule
(80 FR 81674) titled ‘‘Medicare Program;
Prior Authorization Process for Certain
Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies,’’
we implemented section 1834(a)(15) of
the Act by establishing an initial Master
List (called the Master List of Items
Frequently Subject to Unnecessary
Utilization) of certain DMEPOS that the
Secretary determined, on the basis of
prior payment experience, are
frequently subject to unnecessary
utilization and by establishing a prior
authorization process for these items. In
the same final rule, we also stated that
we would inform the public of those
DMEPOS items on the Required Prior
Authorization List in the Federal
Register with 60-day notice before
implementation. The Required Prior
Authorization List specified in
§ 414.234(c)(1) is selected from the
Master List of Items Frequently Subject
to Unnecessary Utilization (as described
in § 414.234(b)(1)), and items on the
Required Prior Authorization List
require prior authorization as a
condition of payment.
In addition to the prior authorization
process for certain DMEPOS items that
we established under section
1834(a)(15) of the Act, on September 1,
2012, we implemented the Medicare
Prior Authorization for Power Mobility
Devices (PMDs) Demonstration that
would operate for a period of 3 years
(September 1, 2012 through August 31,
2015). This demonstration was
established under section 402(a)(1)(J) of
the Social Security Amendments of
1967 (42 U.S.C. 1395b–1(a)(1)(J)), which
authorizes the Secretary to conduct
demonstrations designed to develop or
demonstrate improved methods for the
investigation and prosecution of fraud
in the provision of care or services
provided under the Medicare program.
The demonstration was initially
implemented in California, Florida,
Illinois, Michigan, New York, North
Carolina, and Texas. These states were
selected for the demonstration based
upon their history of having high levels
of improper payments and incidents of
fraud related to PMDs. On October 1,
2014, we expanded the demonstration
to 12 additional states (Pennsylvania,
Ohio, Louisiana, Missouri, Washington,
New Jersey, Maryland, Indiana,
Kentucky, Georgia, Tennessee, and
Arizona) that had a history of high
expenditures and improper payments
for PMDs based on 2012 billing data. On
July 15, 2015, we announced we were
extending the demonstration for 3 years,
through August 31, 2018. The
demonstration ended as scheduled on
August 31, 2018.
In a June 5, 2018 Federal Register
document, we announced that, effective
September 1, 2018, we would add 31
HCPCS codes that were a part of the
PMD demonstration to the Required
Prior Authorization List (83 FR 25947).
II. Provisions of the Document
The purpose of this document is to
inform the public that we are updating
the Required Prior Authorization List of
DMEPOS items that require prior
authorization as a condition of payment
to include seven additional power
mobility devices and five pressure
reducing support surfaces. These 12
items are on the Master List of Items
Frequently Subject to Unnecessary
Utilization. To assist stakeholders in
preparing for implementation of the
prior authorization program, we are
providing 90 days’ notice.
The following seven HCPCS codes for
PMDs are being added to the Required
Prior Authorization List:
HCPCS code
Description
K0857 ...............
Power wheelchair, group 3 standard, single power option, captains chair, patient weight capacity up to and including 300
pounds.
Power wheelchair, group 3 heavy duty, single power option, sling/solid set/back, patient weight 301 to 450 pounds.
Power wheelchair, group 3 heavy duty, single power option, captains chair, patient weight capacity 301 to 450 pounds.
Power wheelchair, group 3 heavy duty, single power option, sling/solid seat/back, patient weight capacity 451 to 600 pounds.
Power wheelchair, group 3 heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 301 to 450
pounds.
Power wheelchair, group 3 heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 451 to 600
pounds.
Power wheelchair, group 3 extra heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 601 pounds
or more.
K0858
K0859
K0860
K0862
...............
...............
...............
...............
K0863 ...............
K0864 ...............
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]]>Agencies
[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Rules and Regulations]
[Pages 16613-16616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08058]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0160]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. This action is necessary to protect persons and vessels from
hazards associated with a high-speed Jet Ski 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 from 10 a.m. on April 27, 2019 through 6
p.m. on April 28, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0160 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
COTP Captain of the Port Marine Safety Unit Port Arthur
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 an NPRM with respect to this rule
because it is impracticable. This safety zone must be established by
April 27, 2019 and we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule. The NPRM process would delay the establishment of the safety zone
until after the dates of the high-speed races and compromise public
safety.
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. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the potential
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hazards during a high-speed Jet Ski race on a navigable waterway.
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 COTP has determined that the
potential hazards associated with high-speed Jet Ski races are a safety
concern for persons and vessels operating on the Sabine River. Possible
hazards include risks of injury or death from near or actual contact
among participant vessels and spectators or mariners traversing through
the safety zone. This rule is needed to protect all waterway users,
including event participants and spectators, before, during, and after
the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 10 a.m. through
6 p.m. each day from April 27, 2019 through April 28, 2019. The safety
zone covers 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 by the Navy Pier One between latitude 30[deg]05'50''
N and latitude 30[deg]05'33'' N. The duration of the safety zone is
intended to protect participants, spectators, and other persons and
vessels, in the navigable waters of the Sabine River during high-speed
Jet Ski races and will include breaks and opportunity for vessels to
transit through the regulated area.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the 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. A designated representative may be a Patrol
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''. The ``official patrol
vessels'' consist of any Coast Guard, state, or local law enforcement
and sponsor provided vessels assigned or approved by the COTP or a
designated representative to patrol the zone. All persons and vessels
not registered with the sponsor as participants or official patrol
vessels are considered spectators.
Spectator vessels desiring to transit the zone may do so only with
prior approval of the COTP or a designated representative and when so
directed by that officer must be operated at a minimum safe navigation
speed in a manner that will not endanger any other vessels. No
spectator vessel shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the zone during the effective
dates and times, unless cleared for entry by or through the COTP or a
designated representative. Any spectator vessel may anchor outside the
zone, but may not anchor in, block, or loiter in a navigable channel.
Spectator vessels may be moored to a waterfront facility within the
zone in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the zone and remain moored through the duration of
the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the zone. 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 zone, citation for failure to comply, or both.
The COTP or a designated representative may terminate the operation
of any vessel at any time it is deemed necessary for the protection of
life or property. The COTP or a designated representative will
terminate enforcement of the safety zone at the conclusion of the
event.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone encompasses
a less than half-mile stretch of the Sabine River for eight hours on
each of two days. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners (BNMs) via VHF-FM marine channel 16 about the zone, daily
enforcement periods will include breaks that will provide an
opportunity for vessels to transit through the regulated area, and the
rule allows vessels 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
temporary 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 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).
[[Page 16615]]
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. 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 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 and Commandant Instruction M16475.1D, 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 lasting 8 hours on each of two days that will prohibit
entry on less than a one-half mile stretch of the Sabine River. 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. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
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, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0160 to read as follows:
Sec. 165.T08-0160 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 by the
Navy Pier One between latitude 30[deg]05'50'' N and latitude
30[deg]05'33'' N.
(b) Effective period. This section is effective from 10 a.m. on
April 27, 2019 through 6 p.m. on April 28, 2019.
(c) Enforcement periods. This section will be enforced from 10 a.m.
through 6 p.m. daily. Breaks in the racing will occur during the
enforcement periods, which will allow for vessels to pass through the
safety zone. The Captain of the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative will provide notice of breaks as
appropriate per paragraph (e) of this section.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into this zone is prohibited
unless authorized by the 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. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) 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.
(7) 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.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(e) 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
[[Page 16616]]
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: April 10, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2019-08058 Filed 4-19-19; 8:45 am]
BILLING CODE 9110-04-P
