[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16267-16269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07865]


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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 establish a temporary safety zone 
for the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. 
This action is necessary to provide protection for the levee and 
temporary 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 
(COTP) 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 June 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0914 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit Port 
Arthur, U.S. Coast Guard; telephone 409-719-5086, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, 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 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. The U. S. 
Army Corps of Engineers (USACE) and the local drainage district 
initiated and completed emergency repairs to protect against potential 
storm surge during hurricane season. Permanent repairs to the flood 
protection wall are now necessary. They are extensive and are expected 
to take approximately five to seven years. 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.
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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.
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    The purpose of this rulemaking is to ensure the safety of the 
surrounding community and to protect persons, vessels, and the 
environment during permanent repairs to the Taylor Bayou Turning Basin 
flood protection wall. Therefore, the Coast Guard proposes to establish 
a temporary safety zone until permanent repairs are completed. The 
Coast Guard proposes this rulemaking under the authority of 33 U.S.C. 
1231.

III. Discussion of the Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for 
navigable waters of Taylor Bayou Turning Basin north of latitude 
29[deg]50'57.45'' N until January 31, 2023. The duration of the zone is 
intended to endure the safety of persons, vessels, and the environment 
until permanent repairs to the flood protection system are completed. 
No person or vessel would be permitted to enter the safety zone without 
obtaining permission from the Captain of the Port Marine Safety Unit 
Port Arthur (COTP) or a designated representative. The regulatory text 
we are proposing appears at the end of this document.

[[Page 16268]]

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the size, location, duration, and entities 
impacted by the safety zone. The safety zone affects approximately 350-
yards of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45'' 
N. Only one 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 rulemaking will not have a significant economic impact 
on vessel owners or operators.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this ride 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 rulemaking would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section. The Coast Guard will not retaliated 
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 rulemaking 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 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 rulemaking 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 will not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

F. Environment

    We have analyzed this rulemaking under Department of Homeland 
Security Directive 023-01, 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 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 establishing a temporary safety zone that would prohibit 
persons and vessels from entry into waters on the upper reaches of 
Taylors Bayou Turning Basin unless authorized by the Captain of the 
Port Port Arthur (COTP) or a designated representative. Normally such 
actions are categorically excluded from further review under paragraph 
L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environment impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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 this 
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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If our material cannot be 
submitted using http://

[[Page 16269]]

www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.2.
0
 2. Add Sec.  165.T08-0914 to read as follows:


Sec.  165.T08--0914  Safety Zone; Taylor Bayou Turning Basin, Port 
Arthur, TX

    (a) Location. The following area is a safety zone: navigable waters 
of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45'' N. 
These coordinates are based on WGS 84.
    (b) Definition. As used in this section, a designated 
representative means a Coast Guard coxswain, officer or petty officer, 
or a federal, state or local officer designated by or assisting the 
Captain of the Port Port Arthur (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or a 
designated representative.
    (2) To request permission to enter, contact COTP or a designated 
representative on VHF-FM channel 16, or contact Vessel Traffic Service 
(VTS) Port Arthur on VHF-FM channel 65A or by telephone at 409-719-
5070. Those persons or vessels permitted to enter the safety zone must 
comply with all lawful directions given by the COTP or a designated 
representative.
    (d) Enforcement date. This section will be enforced from June 1, 
2018 through January 31, 2023.

     Dated: March 14, 2018.
 Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2018-07865 Filed 4-13-18; 8:45 am]
 BILLING CODE 9110-04-P