Safety Zone; Sabine River, Orange, TX, 17755-17757 [2021-06398]
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Proposed Rules
The Proposal
The FAA is proposing an amendment
to 14 CFR 71 by amending the Class E
airspace extending upward from 700
feet above the surface to within a 7.3mile (decreased from a 9.2-mile) radius
of Dubois Regional Airport; adding an
extension 2.1 miles either side of the
062° bearing from the Dubois RGNL:
RWY 25–LOC extending from the 7.3mile radius of Dubois Regional Airport
to 9.2 miles northeast of the Dubois
Regional Airport; and updating the
name of Penn Highlands HealthcareDubois Heliport (previously Penn
Highlands Healthcare-Dubois Heliport
Point In Space Coordinates) to coincide
with the FAA’s aeronautical database
and the airspace reference point.
This action is the result of an airspace
review caused by the decommissioning
of the Clarion VOR, which provided
navigation information for the
instrument procedures these airports, as
part of the VOR MON Program.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
[Docket Number USCG–2021–0170]
Safety Zone; Sabine River, Orange, TX
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
AEA PA E5
*
*
Dubois, PA [Amended]
Dubois Regional Airport, PA
(Lat. 41°10′42″ N, long. 78°53′55″ W)
Dubois RGNL: RWY 25–LOC
(Lat. 41°10′26″ N, long. 78°54′34″ W)
Penn Highlands Healthcare-Dubois Heliport
(Lat. 41°06′52″ N, long. 78°46′26″ W)
That airspace extending upward from 700
feet above the surface within an 7.3-mile
radius of the Dubois Regional Airport, and
within 2.1 miles either side of the 062°
bearing from Dubois RGNL: RWY 25–LOC
extending from the 7.3-mile radius to 9.2
miles northeast of the Dubois Regional
Airport, and that airspace within a 6-mile
radius of the Penn Highlands HealthcareDubois Heliport.
Issued in Fort Worth, Texas, on March 31,
2021.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2021–06918 Filed 4–5–21; 8:45 am]
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
Jkt 253001
33 CFR Part 165
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR 71 as follows:
BILLING CODE 4910–13–P
17:04 Apr 05, 2021
Coast Guard
RIN 1625–AA00
Environmental Review
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
The Proposed Amendment
*
Regulatory Notices and Analyses
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‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
17755
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish 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. The safety zone
is necessary to protect persons and
vessels from hazards associated with a
high-speed boat race competition in
Orange, TX. Entry of vessels or persons
into this zone would be prohibited
unless authorized by the Captain of the
Port Marine Safety Unit Port Arthur or
a designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 21, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0170 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 18, 2021, the City of
Orange, TX notified the Coast Guard
that it will be sponsoring high speed
boat races from 8:30 a.m. to 6 p.m. on
May 22 and 23, 2021, adjacent to the
public boat ramp in Orange, TX. The
Captain of the Port Port Arthur (COTP)
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Proposed Rules
has determined that potential hazards
associated with high speed boat races
would be a safety concern for spectator
craft and vessels in the vicinity of these
race events.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters of the Sabine River
adjacent to the public boat ramp in
Orange, TX before, during, and after the
scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
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III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 7:30 a.m. on May 22,
2021 through 6 p.m. on May 23, 2021.
The safety zone would be enforced from
7:30 a.m. to 6 p.m. on both the 22nd and
the 23rd. The safety zone would cover
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 to the north by
the Orange Public Wharf and latitude
30°05′50″ N and to the south at 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 high-speed boat
races and will include breaks and
opportunity for vessels to transit
through the regulated area.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. They will
be available on VHF–FM or by
telephone.
The COTP or a designated
representative may prohibit or control
the movement of all vessels in the zone.
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 may terminate
enforcement of the safety zone at the
conclusion of the event.
IV. Regulatory Analyses
We developed this proposed 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
VerDate Sep<11>2014
17:04 Apr 05, 2021
Jkt 253001
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the proposed size, location
and duration of the rule. The safety zone
will encompass a less than half-mile
stretch of the Sabine River for eight
hours on each of two days. The Coast
Guard will notify the public by issuing
Local Notice to Mariners (LNM), and/or
Marine Safety Information Bulletin
(MSIB) and Broadcast Notice to
Mariners via VHF–FM radio and the
rule will allow vessels to seek
permission to enter the zone during
scheduled breaks.
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 proposed rule would 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
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
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Fmt 4702
Sfmt 4702
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
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 made a preliminary determination
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06APP1
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Proposed Rules
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 proposed
rule involves a safety zone that would
last 8 hours on each of two days and
that would prohibit entry on less than
a half-mile stretch of the Sabine River in
Orange, TX. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive. If
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
PART 165—REGULATED NAVIGATION
AREA AND LIMITED ACCESS AREAS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and
public comments, will be in our online
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17:04 Apr 05, 2021
Jkt 253001
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 is proposing
to amend 33 CFR part 165 as follows:
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.T08–0170 to read as
follows:
■
§ 165.T08–0170
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 to
the north by the Orange Public Wharf
and latitude 30°05′50″ N and to the
south at 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 high-speed boat races and will
include breaks and opportunity for
vessels to transit through the regulated
area.
(b) Effective period. This section is
effective from 10 a.m. through 6 p.m. on
May 22, 2021 and May 23, 2021.
(c) Enforcement periods. This section
will be enforced from 10 a.m. through
6 p.m. daily.
(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 Captain of the Port
Marine Safety Unit Port Arthur (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.
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17757
(2) 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.
(3) 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.
(4) 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: March 23, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Zone Port Arthur.
[FR Doc. 2021–06398 Filed 4–5–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2021–OESE–0036]
Proposed Priorities and Requirement—
Innovative Approaches to Literacy
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities and
requirement.
AGENCY:
The Department of Education
(Department) proposes to establish four
priorities and one requirement under
the Innovative Approaches to Literacy
(IAL) program, Assistance Listing
Number 84.215G. We may use one or
more of these priorities and this
requirement for competitions in fiscal
year (FY) 2021 and later years. The
proposed priorities are intended to
expand the range of applicants
benefiting from Federal funding and
promote greater innovation, by
supporting students in urban areas and
students from low-income families. The
proposed priorities are also designed to
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Proposed Rules]
[Pages 17755-17757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06398]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0170]
RIN 1625-AA00
Safety Zone; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 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. The safety zone is necessary to protect persons and vessels
from hazards associated with a high-speed boat race competition in
Orange, TX. Entry of vessels or persons into this zone would be
prohibited unless authorized by the Captain of the Port Marine Safety
Unit Port Arthur or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 21, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0170 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit
Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 18, 2021, the City of Orange, TX notified the Coast Guard
that it will be sponsoring high speed boat races from 8:30 a.m. to 6
p.m. on May 22 and 23, 2021, adjacent to the public boat ramp in
Orange, TX. The Captain of the Port Port Arthur (COTP)
[[Page 17756]]
has determined that potential hazards associated with high speed boat
races would be a safety concern for spectator craft and vessels in the
vicinity of these race events.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters of the Sabine River adjacent to the public
boat ramp in Orange, TX before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 7:30 a.m. on
May 22, 2021 through 6 p.m. on May 23, 2021. The safety zone would be
enforced from 7:30 a.m. to 6 p.m. on both the 22nd and the 23rd. The
safety zone would cover 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 to the north by the Orange Public
Wharf and latitude 30[deg]05'50'' N and to the south at 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 boat races and
will include breaks and opportunity for vessels to transit through the
regulated area.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. They will be available on VHF-FM or by telephone.
The COTP or a designated representative may prohibit or control the
movement of all vessels in the zone. 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 may terminate enforcement of the safety
zone at the conclusion of the event.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the proposed size,
location and duration of the rule. The safety zone will encompass a
less than half-mile stretch of the Sabine River for eight hours on each
of two days. The Coast Guard will notify the public by issuing Local
Notice to Mariners (LNM), and/or Marine Safety Information Bulletin
(MSIB) and Broadcast Notice to Mariners via VHF-FM radio and the rule
will allow vessels to seek permission to enter the zone during
scheduled breaks.
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
proposed rule would 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 IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination
[[Page 17757]]
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 proposed rule involves a safety zone that would last
8 hours on each of two days and that would prohibit entry on less than
a half-mile stretch of the Sabine River in Orange, TX. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. If you go to the online docket and sign up for email alerts,
you will be notified when comments are posted or a final rule is
published.
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 is
proposing to amend 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.T08-0170 to read as follows:
Sec. 165.T08-0170 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 to the
north by the Orange Public Wharf and latitude 30[deg]05'50'' N and to
the south at 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
boat races and will include breaks and opportunity for vessels to
transit through the regulated area.
(b) Effective period. This section is effective from 10 a.m.
through 6 p.m. on May 22, 2021 and May 23, 2021.
(c) Enforcement periods. This section will be enforced from 10 a.m.
through 6 p.m. daily.
(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 Captain of the Port Marine
Safety Unit Port Arthur (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.
(2) 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.
(3) 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.
(4) 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: March 23, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Zone Port
Arthur.
[FR Doc. 2021-06398 Filed 4-5-21; 8:45 am]
BILLING CODE 9110-04-P
