[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33842-33844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15295]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 regulation prohibits 
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.

DATES: This rule is effective without actual notice from July 18, 2018 
through January 31, 2023. For the purposes of enforcement, actual 
notice will be used from July 11, 2018 through July 18, 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 rule, 
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 Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

[[Page 33843]]

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 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 (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.
    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 rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with repairs of the 
flood protection wall.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Marine Safety Unit Port Arthur (COTP) has 
determined that potential hazards associated with the condition of the 
flood protection wall will be safety concern until permanent repairs 
can be effected. Potential 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 purpose of this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published on 
April 16, 2018, which was in support of the proposed rule. We also 
updated the regulatory text of this rule from the proposed rule in the 
NPRM to reflect the date of signature as the start of the enforcement 
period.
    This rule establishes 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. These coordinates are based on WGS 84. The 
duration of the zone is intended to ensure the safety of persons, 
vessels, and the environment until permanent repairs to the flood 
protection system are completed. This section will be enforced from 
July 11, 2018 through January 31, 2023. No person or vessel is 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    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 COTP in the enforcement of the 
safety zone. 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.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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. 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
temporary 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 (Public Law 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 
contact 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

[[Page 33844]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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 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 and Commandant Instruction M16475.1D, 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 
establishing a temporary safety zone that would prohibit persons and 
vessels from entering the upper reaches of Taylor Bayou Turning Basin 
unless authorized by the COTP or a designated representative. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

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:  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 Marine Safety Unit 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 rule is effective without actual notice 
from July 18, 2018 through January 31, 2023. For the purposes of 
enforcement, actual notice will be used from July 11, 2018 through July 
18, 2018.

    Dated: July 11, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2018-15295 Filed 7-17-18; 8:45 am]
 BILLING CODE 9110-04-P