Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX, 106323-106325 [2024-31127]
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander Xiaobin
Tuo, Sector New Orleans, U.S. Coast
Guard; 504–365–2246, email
Xiaobin.Tuo@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
Crescent City Countdown Club/New
Year’s Celebration fireworks display
from 11:30 p.m. on December 31, 2024,
through 12:30 a.m. on January 1, 2025,
to provide for the safety of life on the
navigable waterways during this event.
Our regulation for annual fireworks
displays and other events in the Eighth
Coast Guard District, 33 CFR 165.801
identifies this safety zone on the Lower
Mississippi River MM 93.5–96.5, New
Orleans, LA. During this enforcement
period, as reflected in § 165.801(a)
through (d), entry into this zone is
prohibited unless authorized by the
Captain of the Port or a designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
FOR FURTHER INFORMATION CONTACT:
Dated: December 19, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2024–31274 Filed 12–27–24; 8:45 am]
BILLING CODE 9110–04–P
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, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule and
request for comments.
AGENCY:
The Coast Guard is extending
the period of a temporary safety zone on
the upper reaches of Taylor Bayou
Turning Basin in Port Arthur, TX. This
action is necessary to provide protection
to the levee protection wall located at
the north end of the turning basin until
permanent repairs can be affected. This
rule prohibits persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
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If
you have questions on this rule, call or
email Lieutenant Sean Yanez, Marine
Safety Unit Port Arthur, TX, U.S. Coast
Guard; telephone 571–610–0193, email
sean.p.yanez@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
USACE U.S. Army Corps of Engineers
U.S.C. United States Code
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
Marine Safety Unit Port Arthur or a
designated representative.
DATES: The effective period of
§ 165.T08–0914 is extended through
September 30, 2027. The amendments
in this rule are effective from December
30, 2024, through September 30, 2027.
Comments are due on or before
February 28, 2025.
ADDRESSES: For instructions on
submitting comments, see section VI of
the SUPPLEMENTARY INFORMATION. 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.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
On August 14, 2017, the Coast Guard
established this temporary safety zone
for the upper reaches of Taylor Bayou
Basin in Port Arthur, TX. That
emergency action was necessary to
protect the damaged flood protection
levee and bulkhead during stabilization
efforts. On July 18, 2018, the Coast
Guard published the temporary final
rule establishing the safety zone until
January 31, 2023 (83 FR 33842). In
August 2022, the USACE informed the
Coast Guard that permanent repairs to
the flood protection wall would not be
completed for another two years. The
Coast Guard extended the effective
period of the temporary safety zone
through January 31, 2025 (87 FR 73256,
November 29, 2022).
In October 2024, the USACE informed
the Coast Guard that permanent repairs
to the flood protection wall would not
be completed until 2027. The Coast
Guard must extend the effective period
of the temporary safety zone through
September 30, 2027. It would be
impracticable to publish an NPRM
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106323
because the safety zone must be
extended prior to January 31, 2025.
The Coast Guard is issuing this
temporary interim rule under the
authority in 5 U.S.C. 553(b)(B). This
statutory 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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable. It is
impracticable because this safety zone
must be extended by January 31, 2025,
to provide for the safety of life on the
navigable waters during levee protection
repair work, and we lack sufficient time
to provide a reasonable comment period
and then consider those comments
before issuing this rule.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this temporary interim rule would be
impracticable because it is necessary to
protect the damaged flood protection
levee and bulkhead during stabilization
efforts.
Although this regulation is published
as an interim rule without prior notice,
public comment is nevertheless
desirable to ensure that the regulation is
both workable and reasonable.
Accordingly, persons wishing to
comment may do so by submitting
written comments to the office listed
under ADDRESSES in this preamble.
Commenters should include their names
and addresses, identify the docket
number for the regulation, and give
reasons for their comments. If the Coast
Guard determines that changes to the
temporary interim rule are necessary,
we will publish a temporary final rule
or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port, MSU Port Arthur
(COTP) has determined that potential
damage to 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.
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
IV. Discussion of the Rule
On August 14, 2017, the Coast Guard
established a temporary safety zone for
the upper reaches of Taylor Bayou Basin
in Port Arthur, TX. That emergency
action was necessary to protect the
damaged flood protection levee and
bulkhead during stabilization efforts.
This safety zone was extended in
November of 2022, this temporary rule
further extends the effective date of
these safety zones until September 30,
2027.
No vessel or person is permitted to
enter or remain in the safety zone
without obtaining permission from the
COTP or a designated representative of
the COTP. A designated representative
is a commissioned, warrant, or petty
officer of the U.S. Coast Guard (USCG)
assigned to units under the operational
control of the COTP. To seek permission
to enter, contact the COTP or a
designated representative via VHF–FM
channel 16, or through Marine Safety
Unit Port Arthur at 409–719–5070.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative. 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.
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.
ddrumheller on DSK120RN23PROD with RULES1
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 rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration
and entities impacted by the safety
zone. This safety zone affects
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approximately 350-yards of Taylor
Bayou Turning Basin north of latitude
29°50′57.45″ N. A 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
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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, 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
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
extending the effective period of the
temporary safety zone on the upper
reaches of Taylor Bayou Turning Basin
in Port Arthur, TX. It is categorically
excluded from further review under
paragraph L[60(a)] of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
E:\FR\FM\30DER1.SGM
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
on locating the docket, see the
ADDRESSES section of this preamble.
ddrumheller on DSK120RN23PROD with RULES1
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.
VI. 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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2017–0914 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Viewing material in the docket. To
view documents mentioned in this rule
as being available in the docket, find the
docket as described in the previous
paragraph, and then select ‘‘Supporting
& Related Material’’ in the Document
Type column. Public comments will
also be placed in our online docket and
can be viewed by following instructions
on the https://www.regulations.gov
Frequently Asked Questions web page.
We review all comments received, but
we will only post comments that
address the topic of this rule. We may
choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more information
about privacy and submissions to the
docket in response to this document, see
DHS’s eRulemaking System of Records
Notice (85 FR 14226, March 11, 2020).
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21:04 Dec 27, 2024
Jkt 265001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Amend § 165.T08–0914 by revising
paragraph (d) to read as follows:
■
§ 165.T08–0914 Safety Zone; Taylor Bayou
Turning Basin, Port Arthur, TX.
*
*
*
*
*
(d) Enforcement date. The safety zone
in paragraph (a) of this section will be
enforced from December 30, 2024,
through September 30, 2027. It will be
subject to enforcement the entire period
unless the COTP determines it is no
longer needed, in which case the Coast
Guard will inform mariners via Notice
to Mariners.
Dated: December 20, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2024–31127 Filed 12–27–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0820]
RIN 1625–AA00
Safety Zone; Kernwood Avenue Bridge
Repairs—Danvers River, Salem, MA,
and Beverly, MA
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is amending
the current temporary safety zone in the
vicinity of the Kernwood Avenue Bridge
between Salem, MA and Beverly, MA.
We are extending the effective period by
11 months to November 30, 2025, and
are updating the enforcement schedule
of the safety zone. The temporary safety
zone is necessary to protect personnel,
vessels, and the marine environment
SUMMARY:
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106325
from potential hazards created during
emergency bridge repairs. When
enforced, entry of vessels or persons
into this zone will be prohibited unless
specifically authorized by the Captain of
the Port Boston or a designated
representative.
This rule is effective without
actual notice from December 30, 2024
through 11:59 p.m. on November 30,
2025. For the purposes of enforcement,
actual notice will be used from
December 20, 2024, until December 30,
2024.
Comments and related material must
be received by the Coast Guard on or
before March 31, 2025.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0820 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
rulemaking, call or email Mr. Timothy
Chase, Waterways Management
Division, U.S. Coast Guard Sector
Boston, telephone 617–447–1620, or
email Timothy.w.chase@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Boston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 21, 2024, the
Massachusetts Department of
Transportation bridge division notified
the Waterways Management Division of
U.S. Coast Guard Sector Boston that
more extensive repair operations need
to be conducted to the Kernwood
Avenue Bridge, spanning the Danvers
River between Salem, MA, and Beverly,
MA, and are anticipated to be
completed by November 30, 2025. An
earlier TIR published on September 23,
2024, established the first safety zone
regulation for that waterway in 33 CFR
165.T01–0820 (89 FR 77451).
The Coast Guard is issuing this
temporary rule under the authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
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]]>Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106323-106325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31127]
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the period of a temporary safety
zone on the upper reaches of Taylor Bayou Turning Basin in Port Arthur,
TX. This action is necessary to provide protection to the levee
protection wall located at the north end of the turning basin until
permanent repairs can be affected. This rule prohibits persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port Marine Safety Unit Port Arthur or a designated
representative.
DATES: The effective period of Sec. 165.T08-0914 is extended through
September 30, 2027. The amendments in this rule are effective from
December 30, 2024, through September 30, 2027. Comments are due on or
before February 28, 2025.
ADDRESSES: For instructions on submitting comments, see section VI of
the SUPPLEMENTARY INFORMATION. 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.'' Next, in the Document Type column, select ``Supporting &
Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Sean Yanez, Marine Safety Unit Port Arthur,
TX, U.S. Coast Guard; telephone 571-610-0193, 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
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 this temporary
safety zone for the upper reaches of Taylor Bayou Basin in Port Arthur,
TX. That emergency action was necessary to protect the damaged flood
protection levee and bulkhead during stabilization efforts. On July 18,
2018, the Coast Guard published the temporary final rule establishing
the safety zone until January 31, 2023 (83 FR 33842). In August 2022,
the USACE informed the Coast Guard that permanent repairs to the flood
protection wall would not be completed for another two years. The Coast
Guard extended the effective period of the temporary safety zone
through January 31, 2025 (87 FR 73256, November 29, 2022).
In October 2024, the USACE informed the Coast Guard that permanent
repairs to the flood protection wall would not be completed until 2027.
The Coast Guard must extend the effective period of the temporary
safety zone through September 30, 2027. It would be impracticable to
publish an NPRM because the safety zone must be extended prior to
January 31, 2025.
The Coast Guard is issuing this temporary interim rule under the
authority in 5 U.S.C. 553(b)(B). This statutory 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.'' The
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it would
be impracticable. It is impracticable because this safety zone must be
extended by January 31, 2025, to provide for the safety of life on the
navigable waters during levee protection repair work, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this temporary interim rule would be impracticable because it is
necessary to protect the damaged flood protection levee and bulkhead
during stabilization efforts.
Although this regulation is published as an interim rule without
prior notice, public comment is nevertheless desirable to ensure that
the regulation is both workable and reasonable. Accordingly, persons
wishing to comment may do so by submitting written comments to the
office listed under ADDRESSES in this preamble. Commenters should
include their names and addresses, identify the docket number for the
regulation, and give reasons for their comments. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, MSU Port Arthur (COTP) has determined
that potential damage to 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.
[[Page 106324]]
IV. Discussion of the Rule
On August 14, 2017, the Coast Guard established a temporary safety
zone for the upper reaches of Taylor Bayou Basin in Port Arthur, TX.
That emergency action was necessary to protect the damaged flood
protection levee and bulkhead during stabilization efforts. This safety
zone was extended in November of 2022, this temporary rule further
extends the effective date of these safety zones until September 30,
2027.
No vessel or person is permitted to enter or remain in the safety
zone without obtaining permission from the COTP or a designated
representative of the COTP. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of the COTP. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through Marine Safety Unit Port Arthur at
409-719-5070. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. 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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration and entities impacted by the safety zone. This
safety zone affects approximately 350-yards of Taylor Bayou Turning
Basin north of latitude 29[deg]50'57.45'' N. A 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 rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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.
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, 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 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
extending the effective period of the temporary safety zone on the
upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. It is
categorically excluded from further review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions
[[Page 106325]]
on locating the docket, see the ADDRESSES section of this preamble.
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.
VI. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2017-0914 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in the docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov Frequently Asked Questions web page.
We review all comments received, but we will only post comments that
address the topic of this rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more information about privacy and
submissions to the docket in response to this document, see DHS's
eRulemaking System of Records Notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 165.T08-0914 by revising paragraph (d) to read as
follows:
Sec. 165.T08-0914 Safety Zone; Taylor Bayou Turning Basin, Port
Arthur, TX.
* * * * *
(d) Enforcement date. The safety zone in paragraph (a) of this
section will be enforced from December 30, 2024, through September 30,
2027. It will be subject to enforcement the entire period unless the
COTP determines it is no longer needed, in which case the Coast Guard
will inform mariners via Notice to Mariners.
Dated: December 20, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2024-31127 Filed 12-27-24; 8:45 am]
BILLING CODE 9110-04-P
