106322 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

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 

regulated navigation area requiring 

vessels 50 meters or less to transit the 

regulated area at a slow speed that 

creates minimum wake. It is 

categorically excluded from further 

review under paragraph L[60a] 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 § 165.792 before the center 

heading ‘‘Eighth Coast Guard District’’ 

to read as follows: 

§ 165.792 Regulated Navigation Area; Port 

of Miami, Miami, Florida. 

(a) Location. The following area is a 

Regulated Navigation Area (RNA): All 

waters of the Port of Miami, from 

Fisherman’s Channel Daybeacon 16 at 

25°46.40′ N, 080°10.84′ W proceeding 

southeasterly through Fisherman’s 

Channel south of Dodge Island to Miami 

Main Channel Light 15 at 25°45.86′ N. 

080°08.24′ W in Government Cut, 

thence northwesterly through the Main 

Ship Channel north of Dodge Island to 

Biscayne Bay Light 50 at 25°46.90′ N, 

080°10.88′ W. Additionally, the Meloy 

Channel from Miami Main Channel 

Lighted Buoy 16 at 25°46.04′ N, 

080°08.41′ W proceeding northwesterly 

to the MacArthur Causeway Bridge. The 

coordinates used in this paragraph are 

based on the World Geodetic System 

(WGS) 1984. 

(b) Definitions. As used in this 

section, slow speed means the speed at 

which a vessel proceeds when it is fully 

off plane, completely settled in the 

water and not creating excessive wake. 

Due to the different speeds at which 

vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to slow speed. 

A vessel is not proceeding at slow speed 

if it is: 

(1) On plane; 

(2) In the process of coming up on or 

coming off plane; or 

(3) Creating an excessive wake. 

(c) Regulations. Vessels less than 50 

meters entering and transiting through 

the regulated navigation area shall 

proceed at a slow speed. Nothing in this 

section alleviates vessels or operators 

from complying with all state and local 

laws in the area including manatee slow 

speed zones. Nor should anything in 

this section be construed as conflicting 

with the requirement to operate at safe 

speed under the Inland Navigation 

Rules, (33 CFR chapter I, subchapter E). 

(d) Enforcement. The Coast Guard 

may be assisted in the patrol and 

enforcement of the Regulated 

Navigation Area by other Federal, State, 

and local agencies. 

(e) Contact information. If you 

observe violations of the regulations in 

this section, you may notify the COTP 

via the Coast Guard Sector Miami 

Command Center via VHF channel 16, 

by phone at 305–535–4472, or by email 

at SectorMiamiWaterways@uscg.mil. 

Dated: December 20, 2024. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2024–31268 Filed 12–27–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–1065] 

Safety Zone; Annual Fireworks 

Displays and Other Events in the 

Eighth Coast Guard District Requiring 

Safety Zones 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: 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 identifies this 

safety zone for this event on the 

Mississippi River in New Orleans, LA. 

During the enforcement period, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port or 

a designated representative. 

DATES: The regulations in 33 CFR 

165.801 will be enforced for the 

Crescent City Countdown Club/New 

Year’s Celebration safety zone listed in 

item 10 in table 5 to § 165.801 from 

11:30 p.m. on December 31, 2024, 

through 12:30 a.m. on January 1, 2025. 


ddrumheller on DSK120RN23PROD with RULES1
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