Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Rules and Regulations 72989 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

Dated: September 3, 2024. 

A.R. Bender, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Upper Mississippi River. 

[FR Doc. 2024–20206 Filed 9–6–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0768] 

RIN 1625–AA00 

Safety Zone; Bay St. Louis, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters at the opening of St. 

Louis Bay, extending the entire width of 

the channel, approximately 1 mile south 

of the Hwy 90 Bridge in Bay St. Louis, 

MS. The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the 2024 Swim Across the 

Bay on September 15, 2024, from 7 to 

9:30 a.m. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Mobile. 

DATES: This rule is effective on 

September 15, 2024, from 7 until 9:30 

a.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0768 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 about this rule, call 

or email Lieutenant Lawrence J. Schad, 

Sector Mobile, Waterways Management 

Division, U.S. Coast Guard; telephone: 

251–441–5678, email: 

sectormobilewaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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 Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule under 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 is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by September 15, 2024. 

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 rule would be impracticable 

because prompt action is needed to 

respond to the potential safety hazards 

associated with the 2024 Swim Across 

the Bay. 

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 Sector Mobile 

(COTP) has determined that potential 

hazards associated with the 2024 Swim 

Across the Bay on September 15, 2024, 

will be a safety concern for anyone 

within one mile south of the Hwy 90 

Bridge in Bay St. Louis, MS. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the 2024 Swim Across the Bay. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 until 9:30 a.m. on September 15, 

2024. The safety zone will cover all 

navigable waters at the opening of St. 

Louis Bay, extending the entire width of 

the channel, approximately one mile 

south of the Hwy 90 Bridge in Bay St. 

Louis, MS. The duration of the zone is 

intended to ensure the safety of life for 

the maritime public and event 

participants from potential hazards 

created by a swim event crossing the 

navigable channel. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

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, and 

duration, of the safety zone. This safety 

zone will only restrict navigation for 

approximately two and a half hours near 

the opening of St. Louis Bay, 

approximately one mile south of the 

Hwy 90 Bridge in Bay St. Louis, MS, 

extending the entire width of the 

channel. Moreover, the Coast Guard will 

issue a Local Notice to Mariners (LNM) 

about the zone, and the rule allows 

vessels to seek permission to enter the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 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 

affects 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. 


ddrumheller on DSK120RN23PROD with RULES1
72990 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Rules and Regulations 

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 a safety 

zone that will prohibit mariners and the 

public near the opening of St. Louis 

Bay, extending the entire width of the 

channel approximately 1 mile south of 

the Hwy 90 Bridge in Bay St. Louis, MS. 

It is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

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. 

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. 

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. Add § 165.T08–0768 to read as 

follows: 

§ 165.T08–0768 Safety Zone; Bay St. 

Louis, MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of St. 

Louis Bay, Bay St. Louis, MS, bound by 

a line connecting the following 

coordinates beginning at 30°19.133′ N, 

89°19.317′ W, thence to 30°18.967′ N, 

89°17.417′ W, thence to 30°18.367′ N, 

89°19.650′ W, thence to 30°18.300′ N, 

89°17.567′ W, then back to the point of 

origin. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Sector 

Mobile Captain of the Port (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

No person may anchor, dredge, or trawl 

in the safety zone unless authorized by 

the COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

designated representative on VHF–CH 

16. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced September 15, 2024, 

from 7 to 9:30 a.m. The enforcement 

period will be announced via marine 

broadcast, local notice to mariners, or by 

an on-scene oral notice as appropriate. 

Dated: September 3, 2024. 

M.O. Vega, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Mobile. 

[FR Doc. 2024–20211 Filed 9–6–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 214 and 251 

RIN 0596–AD56 

Special Uses; Land Use Fees; 

Temporary Land Use Fee Reductions 

for Recreation Residence Permits 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Forest Service (Forest 

Service or Agency), United States 

Department of Agriculture, is issuing 

this final rule to update its special uses 

regulations, consistent with the 

requirement in the Cabin Fee Act, to 

provide for suspension or temporary 


ddrumheller on DSK120RN23PROD with RULES1