Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX, 16267-16269 [2018-07865]

Download as PDF daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules Commencing at a point near the shoreline at latitude 38°20′33.3″ N, longitude 075°04′37.7″ W, thence eastward to latitude 38°20′24.9″ N, longitude 075°04′01.5″ W, thence southward to latitude 38°19′18.4″ N, longitude 075°04′26.9″ W, thence westward to latitude 38°19′27.0″ N, longitude 075°05′03.0″ W, thence northward to point of origin, located adjacent to Ocean City, MD. All coordinates refer to datum NAD 1983. (b) Definitions. As used in this section: (1) Captain of the Port MarylandNational Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcement of the safety zone described in paragraph (a) of this section. (c) Regulations. The general safety zone regulations found in 33 CFR part 165, subpart C apply to the safety zone created by this section. (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23. (2) Entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone shall obtain authorization from the Captain of the Port Maryland-National Capital Region or designated representative. To request permission to transit the area, the Captain of the Port Maryland-National Capital Region and or designated representatives can be contacted at telephone number 410–576–2693 or on marine band radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted to enter the safety zone, all persons and vessels shall comply with the instructions of the Captain of the Port Maryland-National Capital Region or designated representative and proceed as directed while within the zone. (4) Enforcement officials. The U.S. Coast Guard may be assisted in the VerDate Sep<11>2014 16:32 Apr 13, 2018 Jkt 244001 16267 patrol and enforcement of the zone by Federal, State, and local agencies. (d) Enforcement period. This section will be enforced from 1:30 p.m. to 4 p.m. on May 23, 2018. FR Federal Register NPRM Notice of proposed rulemaking § Section USACE U.S. Army Corps of Engineers U.S.C. United States Code Dated: April 9, 2018. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. II. Background Information and Regulatory History [FR Doc. 2018–07825 Filed 4–13–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0914] RIN 1625–AA00 Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone for the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. This action is necessary to provide protection for the levee and temporary protection wall located at the north end of the turning basin until permanent repairs can be effected. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur (COTP) 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 June 15, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0914 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 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: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port, Port Arthur DHS Department of Homeland Security PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 On August 14, 2017, the Coast Guard established a temporary safety zone for the upper reaches of Taylor Bayou Basin in Port Arthur, TX.1 That emergency action was necessary to protect the damaged flood protection levee and bulkhead during stabilization efforts. The U. S. Army Corps of Engineers (USACE) and the local drainage district initiated and completed emergency repairs to protect against potential storm surge during hurricane season. Permanent repairs to the flood protection wall are now necessary. They are extensive and are expected to take approximately five to seven years. Damage to the temporary repairs would make the surrounding community susceptible to flooding during storm surge or extreme tide events that may endanger persons and property in the surrounding community. The USACE has requested, and the Coast Guard concurs, that protection measures must be instituted until permanent repairs are completed. The purpose of this rulemaking is to ensure the safety of the surrounding community and to protect persons, vessels, and the environment during permanent repairs to the Taylor Bayou Turning Basin flood protection wall. Therefore, the Coast Guard proposes to establish a temporary safety zone until permanent repairs are completed. The Coast Guard proposes this rulemaking under the authority of 33 U.S.C. 1231. III. Discussion of the Proposed Rule The Coast Guard proposes to establish a temporary safety zone for navigable waters of Taylor Bayou Turning Basin north of latitude 29°50′57.45″ N until January 31, 2023. The duration of the zone is intended to endure the safety of persons, vessels, and the environment until permanent repairs to the flood protection system are completed. No person or vessel would be permitted to enter the safety zone without obtaining permission from the Captain of the Port Marine Safety Unit Port Arthur (COTP) or a designated representative. The regulatory text we are proposing appears at the end of this document. 1 See the temporary final rule titled Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX, Docket No. USCG–2017–0797. E:\FR\FM\16APP1.SGM 16APP1 16268 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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), 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, duration, and entities impacted by the safety zone. The safety zone affects approximately 350-yards of Taylor Bayou Turning Basin north of latitude 29°50′57.45″ N. Only one facility receives vessels within this zone and that facility would be permitted to receive vessels based on previously agreed to maneuvering calculations and plans. daltland on DSKBBV9HB2PROD with PROPOSALS B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rulemaking will not have a significant economic impact on vessel owners or operators. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this ride would have a significant economic impact on it, please submit a comment (see VerDate Sep<11>2014 16:32 Apr 13, 2018 Jkt 244001 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 rulemaking 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. The Coast Guard will not retaliated 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 rulemaking 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 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 rulemaking 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 proposed 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 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this rulemaking elsewhere in this preamble. F. Environment We have analyzed this rulemaking under Department of Homeland Security Directive 023–01, 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 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 proposed rule involves establishing a temporary safety zone that would prohibit persons and vessels from entry into waters on the upper reaches of Taylors Bayou Turning Basin unless authorized by the Captain of the Port Port Arthur (COTP) or a designated representative. Normally such actions are categorically excluded from further review under paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environment impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 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 this 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 our material cannot be submitted using https:// E:\FR\FM\16APP1.SGM 16APP1 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, 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. Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.2. 2. Add § 165.T08–0914 to read as follows: ■ daltland on DSKBBV9HB2PROD with PROPOSALS § 165.T08—0914 Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX (a) Location. The following area is a safety zone: navigable waters of Taylor Bayou Turning Basin north of latitude 29°50′57.45″ N. These coordinates are based on WGS 84. (b) Definition. As used in this section, a designated representative means a Coast Guard coxswain, officer or petty officer, or a federal, state or local officer designated by or assisting the Captain of the Port Port Arthur (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in § 165.23 of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or a designated representative. (2) To request permission to enter, contact COTP or a designated representative on VHF–FM channel 16, or contact Vessel Traffic Service (VTS) Port Arthur on VHF–FM channel 65A or 16:32 Apr 13, 2018 Jkt 244001 Dated: March 14, 2018. Jacqueline Twomey, Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port Arthur. [FR Doc. 2018–07865 Filed 4–13–18; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2016–03] List of Subjects in 33 CFR Part 165 VerDate Sep<11>2014 by telephone at 409–719–5070. Those persons or vessels permitted to enter the safety zone must comply with all lawful directions given by the COTP or a designated representative. (d) Enforcement date. This section will be enforced from June 1, 2018 through January 31, 2023. Mandatory Deposit of Electronic-Only Books U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. AGENCY: Section 407 of the Copyright Act requires the mandatory deposit with the Copyright Office (‘‘Office’’) of all works published in the United States, within three months of publication, for use by the Library of Congress (‘‘Library’’). The Office is allowed to exclude certain classes of works from this requirement. In a 2010 interim rule, the Office codified its longstanding practice of excluding from the mandatory deposit requirements all electronic works that are not otherwise available in a physical format (i.e., ‘‘electronic works published in the United States and available only online.’’). The 2010 interim rule created one exception to this general rule for electronic-only serials, which are subject to mandatory deposit, if they are published in the United States and if they are affirmatively demanded by the Office. On May 17, 2016, the Office published a Notice of Inquiry seeking public comment on potential regulatory changes that would make the interim rule final and would make electroniconly books and sound recordings subject to mandatory deposit requirements by way of the same demand process. Based on the responses to the NOI and input from the Library, the Office proposes revising its regulations to make the interim rule final, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the SUMMARY: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 16269 Office. The proposed rule does not address mandatory deposit of electronic-only sound recordings. Written comments must be received no later than 11:59 p.m. Eastern Time on May 31, 2018. DATES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at https:// www.copyright.gov/rulemaking/ ebookdeposit. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Cindy P. Abramson, Assistant General Counsel, by email at ciab@loc.gov or John R. Riley at jril@loc.gov. Both can be reached by telephone at 202–707–8350. SUPPLEMENTARY INFORMATION: I. Background A. Mandatory Deposit Under the Copyright Act Generally The Copyright Act’s ‘‘mandatory deposit’’ requirement, section 407 of title 17, provides that the owner of copyright or the exclusive right of publication in a work published in the United States must, within three months of publication, deposit two complete copies of the ‘‘best edition’’ of the work with the Copyright Office, or, in the case of sound recordings, two complete phonorecords of the best edition, together with any printed or other visually perceptible material published with the phonorecords.1 The Register may issue a written demand for works at any time after they have been published in the United States.2 Failure to make the required deposit after a written demand is made by the Register may subject such person on whom the demand was made to monetary liability.3 Compliance with this section is not a condition of copyright protection, but the Copyright Act provides that deposits made under section 407 may be used to satisfy the registration deposit provisions under 1 17 U.S.C. 407(a); see generally 37 CFR 202.19. U.S.C. 407(d). 3 See id. 2 17 E:\FR\FM\16APP1.SGM 16APP1

Agencies

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16267-16269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07865]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0914]
RIN 1625-AA00


Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. 
This action is necessary to provide protection for the levee and 
temporary protection wall located at the north end of the turning basin 
until permanent repairs can be effected. This proposed rulemaking would 
prohibit persons and vessels from entering the safety zone unless 
authorized by the Captain of the Port Marine Safety Unit Port Arthur 
(COTP) 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 June 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0914 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 
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
COTP Captain of the Port, Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
USACE U.S. Army Corps of Engineers
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 14, 2017, the Coast Guard established a temporary safety 
zone for the upper reaches of Taylor Bayou Basin in Port Arthur, TX.\1\ 
That emergency action was necessary to protect the damaged flood 
protection levee and bulkhead during stabilization efforts. The U. S. 
Army Corps of Engineers (USACE) and the local drainage district 
initiated and completed emergency repairs to protect against potential 
storm surge during hurricane season. Permanent repairs to the flood 
protection wall are now necessary. They are extensive and are expected 
to take approximately five to seven years. Damage to the temporary 
repairs would make the surrounding community susceptible to flooding 
during storm surge or extreme tide events that may endanger persons and 
property in the surrounding community. The USACE has requested, and the 
Coast Guard concurs, that protection measures must be instituted until 
permanent repairs are completed.
---------------------------------------------------------------------------

    \1\ See the temporary final rule titled Safety Zone; Taylor 
Bayou Turning Basin, Port Arthur, TX, Docket No. USCG-2017-0797.
---------------------------------------------------------------------------

    The purpose of this rulemaking is to ensure the safety of the 
surrounding community and to protect persons, vessels, and the 
environment during permanent repairs to the Taylor Bayou Turning Basin 
flood protection wall. Therefore, the Coast Guard proposes to establish 
a temporary safety zone until permanent repairs are completed. The 
Coast Guard proposes this rulemaking under the authority of 33 U.S.C. 
1231.

III. Discussion of the Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for 
navigable waters of Taylor Bayou Turning Basin north of latitude 
29[deg]50'57.45'' N until January 31, 2023. The duration of the zone is 
intended to endure the safety of persons, vessels, and the environment 
until permanent repairs to the flood protection system are completed. 
No person or vessel would be permitted to enter the safety zone without 
obtaining permission from the Captain of the Port Marine Safety Unit 
Port Arthur (COTP) or a designated representative. The regulatory text 
we are proposing appears at the end of this document.

[[Page 16268]]

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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, duration, and entities 
impacted by the safety zone. The safety zone affects approximately 350-
yards of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45'' 
N. Only one facility receives vessels within this zone and that 
facility would be permitted to receive vessels based on previously 
agreed to maneuvering calculations and plans.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rulemaking will not have a significant economic impact 
on vessel owners or operators.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this ride 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 rulemaking 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. The Coast Guard will not retaliated 
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 rulemaking 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 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 rulemaking 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 proposed 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

F. Environment

    We have analyzed this rulemaking under Department of Homeland 
Security Directive 023-01, 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 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 proposed rule 
involves establishing a temporary safety zone that would prohibit 
persons and vessels from entry into waters on the upper reaches of 
Taylors Bayou Turning Basin unless authorized by the Captain of the 
Port Port Arthur (COTP) or a designated representative. Normally such 
actions are categorically excluded from further review under paragraph 
L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environment impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 this 
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 our material cannot be 
submitted using https://

[[Page 16269]]

www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.2.
0
 2. Add Sec.  165.T08-0914 to read as follows:


Sec.  165.T08--0914  Safety Zone; Taylor Bayou Turning Basin, Port 
Arthur, TX

    (a) Location. The following area is a safety zone: navigable waters 
of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45'' N. 
These coordinates are based on WGS 84.
    (b) Definition. As used in this section, a designated 
representative means a Coast Guard coxswain, officer or petty officer, 
or a federal, state or local officer designated by or assisting the 
Captain of the Port Port Arthur (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or a 
designated representative.
    (2) To request permission to enter, contact COTP or a designated 
representative on VHF-FM channel 16, or contact Vessel Traffic Service 
(VTS) Port Arthur on VHF-FM channel 65A or by telephone at 409-719-
5070. Those persons or vessels permitted to enter the safety zone must 
comply with all lawful directions given by the COTP or a designated 
representative.
    (d) Enforcement date. This section will be enforced from June 1, 
2018 through January 31, 2023.

     Dated: March 14, 2018.
 Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2018-07865 Filed 4-13-18; 8:45 am]
 BILLING CODE 9110-04-P
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