[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73256-73257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26003]


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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 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 effected. 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: This rule is effective from February 1, 2023 through January 31, 
2025.

ADDRESSES: 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 Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX, 
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
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.
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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 proposed to extend the effective period of the temporary safety 
zone through January 31, 2025.
    On October 5, 2022, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zone; Taylor Bayou Turning Basin, Port 
Arthur, TX (87 FR 60363). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action to extend this 
temporary safety zone. During the comment period that ended on November 
4, 2022, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port (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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
October 5, 2022. The comment supported the need for the safety but also 
commented on the inconvenience to the public due to a temporary closure 
of Texas 124 bridge. This rulemaking does not require nor discuss the 
closure of any bridges in the area, it simply excludes vessel traffic 
from the affected waterway to protect a damaged floodwall. Therefore, 
no changes in the regulatory text were necessary.

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 Executive Order 12866. 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 received no comments from the Small Business 
Administration

[[Page 73257]]

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 
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 L60(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 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.

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; 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. Revise Sec.  165.T08-0914(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, 2023 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: November 22, 2022.
James B. Suffern,
Captain, U.S. Coast Guard, Acting Captain of the Port, Marine Safety 
Unit Port Arthur.
[FR Doc. 2022-26003 Filed 11-28-22; 8:45 am]
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