Safety Zone; Sabine River, Orange, TX, 38553-38556 [2019-16731]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
Vessels and persons granted permission
to enter the safety zone shall obey the
directions of the COTP or their
designated representative(s) and all
vessels shall operate at the minimum
speed necessary to maintain a safe
course.
This notice of enforcement is issued
under the authority of 33 CFR 165.929
and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the
Captain of the Port Lake Michigan will
also provide notice through other
means, which will include Broadcast
Notice to Mariners. Additionally, the
COTP may notify representatives from
the maritime industry through
telephonic notifications, email
notifications, or by direct
communication from on scene patrol
commanders. If the COTP or a
designated representative determines
that the regulated area does not need to
be enforced for the full duration stated
in this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area. The COTP or a
designated on-scene representative may
be contacted via Channel 16, VHF–FM
or at (414) 747–7182.
Dated: July 31, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. 2019–16793 Filed 8–6–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0674]
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones for the Fireworks at Pier
Wisconsin in Milwaukee, WI and for the
Sister Bay Marinafest Fireworks on
August 31, 2019 from 8:30 p.m. through
10 p.m. to provide for the safety of life
on navigable waterways during these
events. During each enforcement period,
no person or vessel may enter the
respective safety zone without the
permission of the Captain of the Port
Lake Michigan
DATES: The regulations in 33 CFR
165.929 Table 165.929 listed as (e)(46)
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:55 Aug 06, 2019
Jkt 247001
and (g)(3) will be enforced from 8:30
p.m. through 10 p.m. on August 31,
2019.
If
you have questions about this notice of
enforcement, call or email Chief Petty
Officer Kyle Weitzell, U.S. Coast Guard;
telephone 414–747–7148, email
Kyle.W.Weitzell@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zones;
Annual Events in the Captain of the Port
Lake Michigan zone listed in 33 CFR
165.929 for the following events:
(1) Fireworks at Pier Wisconsin,
Milwaukee, WI; The safety zone listed in
Table 165.929(e)(46) will be enforced for
all waters of Milwaukee Harbor
including Lakeshore Inlet and the
marina at Pier Wisconsin within the arc
of a circle with a 300-foot radius from
the fireworks launch site on Pier
Wisconsin located in approximate
position 43°02.178′ N, 087°53.625′ W
from 8:30 p.m. through 10 p.m. on
August 31, 2019.
(2) Sister Bay Marinafest Fireworks,
Sister Bay, WI; The safety zone listed in
Table 165.929(g)(3) will be enforced for
all waters of Sister Bay within an 800foot radius of position 45°11.585′ N,
087°07.392′ W from 8:30 p.m. through
10 p.m. on August 31, 2019.
This action is being taken to provide
for the safety of life on navigable
waterways during these annually
recurring fireworks events. During the
enforcement periods, as reflected in
§ 165.929(a)(3), if you are the operator of
a vessel in the regulated area you must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zones during an enforcement
period is prohibited unless authorized
by the Captain of the Port Lake
Michigan or a designated representative.
Those seeking permission to enter the
safety zones may request permission
from the Captain of Port Lake Michigan
via channel 16, VHF–FM.
This notice of enforcement is issued
under authority of 33 CFR 165.929 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Lake Michigan determines
that the safety zone need not be
enforced for the full duration stated in
this notice he or she may use a
Broadcast Notice to Mariners to grant
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
38553
general permission to enter the
respective safety zone.
Dated: July 31, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. 2019–16795 Filed 8–6–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0376]
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
authorized by the Captain of the Port
Marine Safety Unit Port Arthur or a
designated representative.
DATES: This rule is effective from 6 a.m.
on August 17, 2019 through 6 p.m. on
August 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0376 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:
SUMMARY:
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
E:\FR\FM\07AUR1.SGM
07AUR1
38554
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
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 because it is
impracticable. This safety zone must be
established by August 17, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Marine Safety Unit
Port Arthur (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.
jspears on DSK3GMQ082PROD with RULES
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9 a.m. through 6 p.m.
each day from August 17, 2019 through
August 18, 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.
Entry of vessels or persons into this
zone is prohibited unless authorized by
VerDate Sep<11>2014
17:55 Aug 06, 2019
Jkt 247001
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’’. 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. 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. 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. 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.
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. 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.
The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 nine
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
E:\FR\FM\07AUR1.SGM
07AUR1
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
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).
jspears on DSK3GMQ082PROD with RULES
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
VerDate Sep<11>2014
17:55 Aug 06, 2019
Jkt 247001
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 Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone 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)
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. 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
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.T08–376 to read as
follows:
■
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
38555
§ 165.T08–376 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°05′50″ N and latitude 30°05′33″ N.
(b) Effective period. This section is
effective from 9 a.m. on August 17, 2019
through 6 p.m. on August 18, 2019.
(c) Enforcement periods. This section
will be enforced from 9 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
of this part, 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
E:\FR\FM\07AUR1.SGM
07AUR1
38556
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
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
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: July 15, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2019–16731 Filed 8–6–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
Effect of Rulemaking
38 CFR Part 38
RIN 2900–AQ35
Committal Services, Memorial Services
and Funeral Honors
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This final rule reflects current
VA practices relative to respecting the
expressed wishes of the personal
representative when making
arrangements for the committal or
memorial service. The final rule clarifies
the process for requesting committal or
memorial services when requesting
interment at VA national cemeteries and
addresses access to public areas at VA
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:55 Aug 06, 2019
Jkt 247001
national cemeteries. The final rule also
addresses when committal services may
be conducted at a gravesite rather than
in a committal shelter and standardizes
measures to implement the statutory
requirement that VA notify the personal
representative of the funeral honors
available to the deceased veteran.
DATES: This final rule is effective
September 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Melvin Gerrets, Office of the Director of
Cemetery Operations, National
Cemetery Administration (NCA),
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420. Telephone: (202) 461–9646 (this
is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA
published a proposed rule in the
Federal Register on March 25, 2019 (84
FR 11037), to address committal or
memorial services and funeral honors at
VA national cemeteries, including
current VA practices, under 38 U.S.C.
2404(h), relative to respecting the
expressed wishes of the personal
representative when making
arrangements for the committal or
memorial service. The amendments also
clarified the process for requesting
interment at VA national cemeteries,
defined when a committal service may
be conducted at a gravesite rather than
in a committal shelter, and included
measures to implement the statutory
requirement that VA notify the personal
representative of the funeral honors
available to the deceased veteran. VA
received no comments on the proposed
rule during the comment period, which
ended on May 25, 2019. Based on the
rationale set forth in the SUPPLEMENTARY
INFORMATION to the proposed rule, we
are adopting the provisions of the
proposed rule as a final rule without
change.
Title 38 of the Code of Federal
Regulations, as revised by this final
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507) requires that VA
consider the impact of paperwork and
other information collection burdens
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
imposed on the public. Under 44 U.S.C.
3507(a), an agency may not collect or
sponsor the collection of information,
nor may it impose an information
collection requirement, unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. See also 5 CFR 1320.8(b)(2)(vi).
This final rule contains provisions
constituting collection of information at
38 CFR 38.619(a) and (b), and at 38 CFR
38.619(f)(5).
The information collection at
§ 38.619(a) and (b) is necessary to
establish eligibility for national
cemetery burial and to schedule and
plan interments. This information
collection is currently approved by
OMB and has been assigned OMB
control number 2900–0232. The burden
of this information collection would
remain unchanged.
This final rule also imposes new
information collection requirements at
38 CFR 38.619(f)(5). This new
information collection is a certification
requirement for non-DoD funeral honors
providers, that will help ensure the
safety of cemetery visitors and staff and
maintain the decorum of the national
cemeteries by requiring that non-DoD
funeral honors providers that perform
funeral honors activities at VA national
cemeteries certify to VA that they will
comply with requirements set forth in
the regulation. As required by 44 U.S.C.
3507(d), VA submitted the new
information collection to OMB for its
review. The Office of Management and
Budget has assigned the information
collection requirement in this section
under control number 2900–0865. The
information collection is pending OMB
approval. VA will not collect
information associated with the funeral
honors providers certification until
OMB approves the associated
information collection.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. Even to the
extent some veterans service
organizations that provide funeral
honors could be viewed as ‘‘small
entities’’ as defined in 5 U.S.C. 601(4),
(6), this final rule will not have a
significant economic impact on them
because it concerns only the standards
of conduct those groups must abide by
when conducting funeral honors in
national cemeteries. Therefore, pursuant
to 5 U.S.C. 605(b), this final rule would
be exempt from the initial and final
E:\FR\FM\07AUR1.SGM
07AUR1
]]>Agencies
[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38553-38556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16731]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0376]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. 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 6 a.m. on August 17, 2019 through 6
p.m. on August 18, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0376 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
[[Page 38554]]
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 because it is impracticable. This safety zone
must be established by August 17, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Port Arthur (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 9 a.m. through 6
p.m. each day from August 17, 2019 through August 18, 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.
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''. 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. 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. 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. 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.
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. 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.
The COTP or a designated representative will terminate enforcement
of the special local regulations 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 nine 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
[[Page 38555]]
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).
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 Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone 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) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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.T08-376 to read as follows:
Sec. 165.T08-376 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 9 a.m. on
August 17, 2019 through 6 p.m. on August 18, 2019.
(c) Enforcement periods. This section will be enforced from 9 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 of this part, 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
[[Page 38556]]
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
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: July 15, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2019-16731 Filed 8-6-19; 8:45 am]
BILLING CODE 9110-04-P
