[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42814-42816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17089]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 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 annual Swim Across the Bay event. This rulemaking will prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Mobile or a designated representative.
DATES: This rule is effective October 6, 2025.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Lawrence J. Schad, Waterways
Management Division, Sector Mobile, U.S. Coast Guard, telephone 251-
441-5678, email [email protected].
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 Information and Regulatory History
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 will
be a safety concern for persons and vessels within the designated area,
extending the entire width of the
[[Page 42815]]
channel, approximately 1 mile south of the Hwy 90 Bridge in Bay St.
Louis, MS.
In response, on November 14, 2024, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Bay St. Louis,
MS (89 FR 89940). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this swim event.
During the comment period that ended December 12, 2024, we received 2
comments. One commenter stated that the environmental analysis was not
provided in the docket. The Coast Guard acknowledges that the Record of
Environmental Consideration was completed on November 12, 2024, and was
posted in the docket on November 14, 2024. The second commenter was
generally in favor of the rule however questioned the necessity for an
annual event and wondered whether law enforcement could be used in lieu
of a rule. The Coast Guard finds that a safety zone provides the
appropriate level of protection from potential hazards associated with
this open water swim event for persons and vessels in the safety zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP has determined that potential hazards associated
with the swim event will be a safety concern for persons and vessels
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 rule is to ensure safety of persons and vessels and
the navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 2 comments on our NPRM published
November 14, 2024. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone that will 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 persons and vessels 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 will be made public via a notice of
enforcement prior to the event date. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
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.
A. 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 for the following
reasons. The safety zone will only be enforced on one day a year and we
will provide advance notice of that date and time through local notice
to mariners and Federal Register notice publications. The vessels can
also contact the COTP for permission to transit through the safety
zone.
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 will 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.
B. 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).
C. 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.
D. 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.
E. 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 the
establishment of a safety zone lasting one day that will prohibit entry
in, out, or through the navigable waters near the
[[Page 42816]]
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. 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 where indicated under the ADDRESSES section of
this preamble.
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, 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. 01.4.
0
2. In Sec. 165.801, amend Table 7, by adding in numerical order 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
----------------------------------------------------------------------------------------------------------------
Date Sponsor/name Sector mobile location Safety zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8. 3rd or 4th Saturday or Sunday of Swim Across the Bay... St. Louis Bay, Bay St. St. Louis Bay, bounded by
September. Louis, MS. 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.
----------------------------------------------------------------------------------------------------------------
M.O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2025-17089 Filed 9-4-25; 8:45 am]
BILLING CODE 9110-04-P