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 Department of Homeland Security Coast Guard 33 CFR Part 165
[Docket Number USCG-2024-1001]
RIN 1625-AA00
 AGENCY: Coast Guard, DHS.
 ACTION: Notice of proposed rulemaking.
 SUMMARY: The Coast Guard is proposing to establish an annually recurring safety zone for certain waters of St. Louis Bay. This action is necessary to provide for the safety of life on these navigable waters near Bay St. Louis, MS during the Swim Across the Bay swim event. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Mobile 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 December 16, 2024.
 ADDRESSES: You may submit comments identified by docket number USCG-2024-1001 using the Federal Decision-Making 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. This notice of proposed rulemaking with its plain-language, 100-word-or-less proposed rule summary will be available in this same docket.
 FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Lawrence J. Schad, Waterways Management Division, Sector Mobile, 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, Purpose, and Legal Basis On July 11, 2024, an organization notified the Coast Guard that it will be conducting Swim Across the Bay, an annual recurring swim event that will occur on the 3rd or 4th Saturday or Sunday of September in St. Louis Bay. The Captain of the Port Sector Mobile (COTP) has determined that potential hazards associated with the swim event would be a safety concern for non-participants within the designated area, extending the entire width of the channel, approximately 1 mile south of the Hwy. 90 Bridge in Bay St. Louis, MS. The purpose of this rulemaking is to ensure the safety of participants, authorized vessels, and the navigable waters within the course of the swim before, during and after the scheduled marine event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule The COTP is proposing to establish a permanent safety zone to protect 
                    ( print page 89941)
                    participants during the annual swim. The safety zone would cover certain 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 duration of the safety zone is intended to ensure the safety of participants in these navigable waters before, during and after the swim. The event will recur on an annual basis on the 3rd or 4th Saturday or Sunday of September. The exact dates and times of enforcement would be made public via a notice of enforcement prior to the event date. No vessel or person would be permitted to enter the safety zone unless specifically authorized by the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. 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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the NPRM 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 would restrict navigation for one day near the opening of St. Louis Bay, approximately 1 mile south of the Hwy. 90 Bridge in Bay St. Louis, MS, extending the entire width of the channel. The Coast Guard would issue a Local Notice to Mariners (LNM) about the zone, and the rule would allow 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 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 safety zone may be small entities, for the reasons stated in section IV. A. above, this 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 proposed 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 proposed 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 potential effects of this proposed 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 proposed rule involves the establishment of a safety zone lasting one day that would prohibit entry in, out, or through the navigable waters 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 annually on the 3rd or 4th Saturday or Sunday of September. 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 where indicated under 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 
                        ( print page 89942)
                        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. *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-2024-1001 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 you cannot submit your material by using 
                    *https://www.regulations.gov,*
                     call or email the person in the 
                    **FOR FURTHER INFORMATION CONTACT**
                     section of this proposed rule for alternate instructions. *Viewing material in docket.*
                     To view documents mentioned in this proposed 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. Also, if you click on the Dockets tab and then the proposed rule, you should see a “Subscribe” option for email alerts. The option will notify you when comments are posted, or a final rule is published. 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. *Personal information.*
                     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 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 is proposing 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:
                    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.In § 165.801, amend Table 7, by adding item 8 to read as follows: § 165.801
  
 Table 7 of § 165.801—Sector Mobile Annual and Recurring Marine Events
Date
Sponsor/name
Sector mobile location
Safety zone*         *         *         *         *         *         *8. 3rd or 4th Saturday or Sunday of September
Swim Across the Bay
St. Louis Bay, Bay St. Louis, MS
St. Louis Bay, bounded by 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.
 Dated: November 5, 2024. M.O. Vega, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.


[FR Doc. 2024-26508 Filed 11-13-24; 8:45 am] BILLING CODE 9110-04-P