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[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]

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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.

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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
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