Proposed Rule2022-21432
Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX
Primary source
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Published
October 5, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to extend the effective period of the 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 effected. This proposed rulemaking would prohibit 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. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Proposed Rules]
[Pages 60363-60364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21432]
[[Page 60363]]
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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, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to extend the effective period of the
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 effected. This proposed
rulemaking would prohibit 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. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 4, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0914 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
proposed rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit
Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email
<a href="/cdn-cgi/l/email-protection#1a6979756e6e3471346d727b767f745a6f69797d34777376"><span class="__cf_email__" data-cfemail="ef9c8c809b9bc184c198878e838a81af9a9c8c88c1828683">[email protected]</span></a>.
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, Purpose, and Legal Basis
On August 14, 2017, the Coast Guard established a temporary safety
zone for the upper reaches of Taylor Bayou Basin in Port Arthur, TX.\1\
That emergency action was necessary to protect the damaged flood
protection levee and bulkhead during stabilization efforts.
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\1\ See the temporary final rule titled Safety Zone; Taylor
Bayou Turning Basin, Port Arthur, TX, Docket No. USCG-2017-0797 (83
FR 4843).
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On April 16, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Taylor Bayou Turning Basin, Port
Arthur, TX (83 FR 16267). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
temporary safety zone. During the comment period that ended on June 15,
2018, we received one comment.
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 U.S. Army Corps of Engineers (USACE) informed
the Coast Guard that permanent repairs to the flood protection wall
would not be completed for another two years. Therefore, the Coast
Guard proposes to extend the effective period of the temporary safety
zone through January 31, 2025.
Damage to the 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. The Coast Guard is proposing this rulemaking under authority
in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port Marine Safety Unit Port Arthur (COTP) is
proposing to extend the effective period of the temporary safety zone
for navigable waters of Taylor Bayou for two additional years until
January 31, 2025. There are no other changes to the regulatory text of
this rule cited in 33 CFR T08-0914. This rule would continue to
prohibit all persons and vessel from entering the safety zone unless
authorized by the COTP or a designated representative.
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 Executive Order 12866. 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, 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
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
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this proposed 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
[[Page 60364]]
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 proposed 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 made
a preliminary determination 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 extending
the effective period of the temporary safety zone on the upper reaches
of Taylor Bayou Turning Basin in Port Arthur, TX. 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. For instructions on locating
the docket, see 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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2017-0194 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. In Sec. 165.T08-0914 revise paragraph (d) to read as follows:
Sec. 165.T08-0914 Safety Zone; Taylor Bayou Turning Basin, Port
Arthur, TX.
* * * * *
(d) Enforcement date. This safety zone is in effect from February
1, 2022 through January 31, 2025. It will be subject to enforcement
this 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: September 28, 2022.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port
Arthur.
[FR Doc. 2022-21432 Filed 10-4-22; 8:45 am]
BILLING CODE 9110-04-P
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