Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106323 

FOR FURTHER INFORMATION CONTACT: 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. 

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 

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 

§ 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 

sean.p.yanez@uscg.mil. 

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 

§ 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. 


ddrumheller on DSK120RN23PROD with RULES1
106324 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. 

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°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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 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 

■ 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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: 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 

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. 

DATES: 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 http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

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: 

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 


ddrumheller on DSK120RN23PROD with RULES1