Proposed Rule2024-26508
Safety Zone; Bay St. Louis, MS
Primary source
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Published
November 14, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 220 (Thursday, November 14, 2024)</title>
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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Proposed Rules]
[Pages 89940-89942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26508]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1001]
RIN 1625-AA00
Safety Zone; Bay St. Louis, MS
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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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 <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. 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 <a href="/cdn-cgi/l/email-protection#3d4e585e49524f50525f5451584a5c49584f4a5c444e7d484e5e5a13505451"><span class="__cf_email__" data-cfemail="295a4c4a5d465b44464b40454c5e485d4c5b5e48505a695c5a4a4e07444045">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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
[[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
[[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 <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-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 <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. 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 <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, 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. In Sec. 165.801, amend Table 7, by adding item 8 to read as
follows:
Sec. 165.801 Annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones.
* * * * *
Table 7 of Sec. 165.801--Sector Mobile Annual and Recurring Marine Events
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Date Sponsor/name Sector mobile location Safety zone
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* * * * * * *
8. 3rd or 4th Saturday or Sunday of Swim Across the Bay.... St. Louis Bay, Bay St. St. Louis Bay, bounded
September. Louis, MS. by the following
coordinates beginning
at: 30[deg]19.133' N,
89[deg]19.317' W,
thence to
30[deg]18.967' N
89[deg]17.417' W,
thence to
30[deg]18.367' N,
89[deg]19.650' W,
thence to
30[deg]18.300' N,
89[deg]17.567' W, then
back to the point of
origin.
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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
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