83_FR_33980 83 FR 33842 - Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX

83 FR 33842 - Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range33842-33844
FR Document2018-15295

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.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33842-33844]
From the Federal Register Online  [www.thefederalregister.org]
[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.
---------------------------------------------------------------------------

    \1\ See the temporary final rule titled Safety Zone; Taylor 
Bayou Turning Basin, Port Arthur, TX, Docket No. USCG-2017-0797 (83 
FR 4843).
---------------------------------------------------------------------------

    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



                                           33842             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations

                                           issuing its approval, the OMB issued                     competition, employment, investment,                    Signed in Washington, DC, this 9th day of
                                           clearance terms providing the                            productivity, innovation, or on the                   July, 2018.
                                           previously approved versions of these                    ability of the United States-based                    Arthur F. Rosenfeld,
                                           forms will remain in effect until further                companies to compete with foreign-                    Director, Office of Labor-Management
                                           notice. See ICR Reference Number                         based companies in domestic and                       Standards.
                                           201604–1245–001.                                         export markets.                                       [FR Doc. 2018–14948 Filed 7–17–18; 8:45 am]
                                              As the rule still requires an                                                                               BILLING CODE P
                                                                                                    List of Subjects in 29 CFR Parts 405 and
                                           information collection, the Department
                                                                                                    406
                                           is submitting, contemporaneous with
                                           the publication of this document, an                       Labor management relations,                         DEPARTMENT OF HOMELAND
                                           information collection request (ICR) to                  Reporting and recordkeeping                           SECURITY
                                           revise the PRA clearance to address the                  requirements.
                                           clearance term. A copy of this ICR, with                 Text of Rule                                          Coast Guard
                                           applicable supporting documentation,
                                           including among other things a                             Accordingly, for the reasons provided               33 CFR Part 165
                                           description of the likely respondents,                   above, the Department amends parts 405
                                                                                                    and 406 of title 29, chapter IV of the                [Docket Number USCG–2017–0914]
                                           proposed frequency of response, and
                                           estimated total burden may be obtained                   Code of Federal Regulations as set forth              RIN 1625–AA00
                                           free of charge from the RegInfo.gov                      below:
                                           website at https://www.reginfo.gov/                                                                            Safety Zone; Taylor Bayou Turning
                                           public/do/PRAViewICR?ref_                                PART 405—EMPLOYER REPORTS                             Basin, Port Arthur, TX
                                           nbr=201710-1245-001 (this link will                        1. The authority citation for part 405
                                                                                                    ■                                                     AGENCY:    Coast Guard, DHS.
                                           only become active on the day following                  continues to read as follows:
                                           publication of this document) or from                                                                          ACTION:   Temporary final rule.
                                           the Department by contacting Andrew                        Authority: Secs. 203, 207, 208, 73 Stat.
                                                                                                    526, 529 (29 U.S.C. 433, 437, 438);                   SUMMARY:   The Coast Guard is
                                           Davis on 202–693–0123 (this is not a                                                                           establishing a temporary safety zone for
                                                                                                    Secretary’s Order No. 03–2012, 77 FR 69376,
                                           toll-free number) / email: OLMS-Public@                  November 16, 2012.                                    the upper reaches of Taylor Bayou
                                           dol.gov.                                                                                                       Turning Basin in Port Arthur, TX. This
                                              Type of Review: Revision of a                         § 405.5   [Amended]                                   action is necessary to provide protection
                                           currently approved collection.                           ■ 2. Amend § 405.5 by removing the                    for the levee and temporary protection
                                              Agency: Office of Labor-Management                    phrase ‘‘the instructions for Part A of               wall located at the north end of the
                                           Standards.                                               the Form LM–10’’ and adding in its                    turning basin until permanent repairs
                                              Title: Labor Organization and                         place ‘‘the second paragraph under the                can be effected. This regulation
                                           Auxiliary Reports.                                       instructions for Question 8A of Form                  prohibits persons and vessels from
                                              OMB Number: 1245–0003.
                                                                                                    LM–10’’.                                              entering the safety zone unless
                                              Affected Public: Private Sector—
                                                                                                                                                          authorized by the Captain of the Port
                                           businesses or other for-profits and not-                 § 405.7   [Amended]                                   Marine Safety Unit Port Arthur (COTP)
                                           for-profit institutions.
                                                                                                    ■ 3. Amend § 405.7 by removing the                    or a designated representative.
                                              Total Estimated Number of
                                                                                                    phrase ‘‘Part D of the Form LM–10’’ and               DATES: This rule is effective without
                                           Respondents: 2,488,213.
                                                                                                    adding in its place ‘‘Question 8C of                  actual notice from July 18, 2018 through
                                              Number of Annual Responses:
                                                                                                    Form LM–10’’.                                         January 31, 2023. For the purposes of
                                           2,488,528.
                                              Frequency of Response: Varies.                                                                              enforcement, actual notice will be used
                                                                                                    PART 406—REPORTING BY LABOR                           from July 11, 2018 through July 18,
                                              Estimated Total Annual Burden                         RELATIONS CONSULTANTS AND
                                           Hours: 6,362,032.                                                                                              2018.
                                                                                                    OTHER PERSONS, CERTAIN
                                              Estimated Total Annual Other Burden                   AGREEMENTS WITH EMPLOYERS                             ADDRESSES:   To view documents
                                           Cost: $0.                                                                                                      mentioned in this preamble as being
                                           VIII. Regulatory Impact                                  ■ 4. The authority citation for part 406              available in the docket, go to http://
                                                                                                    continues to read as follows:                         www.regulations.gov, type USCG–2017–
                                           A. Unfunded Mandates Reform                                Authority: Secs. 203, 207, 208, 73 Stat.            0914 in the ‘‘SEARCH’’ box and click
                                             This rule does not include any                         526, 529 (29 U.S.C. 433, 437, 438);                   ‘‘SEARCH.’’ Click on Open Docket
                                           Federal mandate that may result in                       Secretary’s Order No. 03–2012, 77 FR 69376,           Folder on the line associated with this
                                           increased expenditures by State, local,                  November 16, 2012.                                    rule.
                                           and tribal governments, in the aggregate,                ■ 5. Amend § 406.2(a) by revising the                 FOR FURTHER INFORMATION CONTACT: If
                                           of $100 million or more, or in increased                 last two sentences of the paragraph to                you have questions on this rule, call or
                                           expenditures by the private sector of                    read as follows:                                      email Mr. Scott Whalen, Marine Safety
                                           $100 million or more.                                                                                          Unit Port Arthur, U.S. Coast Guard;
                                                                                                    § 406.2   Agreement and activities report.            telephone 409–719–5086, email
                                           B. Small Business Regulatory                                (a) * * * The report shall be filed                scott.k.whalen@uscg.mil.
                                           Enforcement Fairness Act of 1996                         within 30 days after entering into an                 SUPPLEMENTARY INFORMATION:
                                             This rule is not a major rule as                       agreement or arrangement of the type
                                           defined by section 804 of the Small                      described in this section. If there is any            I. Table of Abbreviations
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                                           Business Regulatory Enforcement                          change in the information reported
                                                                                                    (other than that required by Item C. 10,              CFR Code of Federal Regulations
                                           Fairness Act of 1996. This rule will not                                                                       COTP Captain of the Port Marine Safety
                                           result in an annual effect on the                        (c) of the Form), it must be filed in a
                                                                                                                                                            Unit Port Arthur
                                           economy of $100,000,000 or more; a                       report clearly marked ‘‘Amended                       DHS Department of Homeland Security
                                           major increase in costs or prices; or                    Report’’ within 30 days of the change.                FR Federal Register
                                           significant adverse effects on                           *      *    *     *    *                              NPRM Notice of proposed rulemaking



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                                                             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations                                          33843

                                           § Section                                                susceptible to flooding during storm                  approaches that maximize net benefits.
                                           USACE U.S. Army Corps of Engineers                       surge or extreme tide events that may                 Executive Order 13771 directs agencies
                                           U.S.C. United States Code                                endanger persons and property in the                  to control regulatory costs through a
                                                                                                    surrounding community. The purpose                    budgeting process. This rule has not
                                           II. Background Information and                           of this rule is to ensure the safety of the           been designated a ‘‘significant
                                           Regulatory History                                       surrounding community and to protect                  regulatory action,’’ under Executive
                                              On August 14, 2017, the Coast Guard                   persons, vessels, and the environment                 Order 12866. Accordingly, this rule has
                                           established a temporary safety zone for                  during permanent repairs to the Taylor                not been reviewed by the Office of
                                           the upper reaches of Taylor Bayou Basin                  Bayou Turning Basin flood protection                  Management and Budget (OMB), and
                                           in Port Arthur, TX.1 That emergency                      wall.                                                 pursuant to OMB guidance it is exempt
                                           action was necessary to protect the                                                                            from the requirements of Executive
                                                                                                    IV. Discussion of Comments, Changes,                  Order 13771. This regulatory action
                                           damaged flood protection levee and
                                                                                                    and the Rule                                          determination is based on the size,
                                           bulkhead during stabilization efforts.
                                           The U. S. Army Corps of Engineers                           As noted above, we received one                    location, duration, and entities
                                           (USACE) and the local drainage district                  comment on our NPRM published on                      impacted by the safety zone. The safety
                                           initiated and completed emergency                        April 16, 2018, which was in support of               zone affects approximately 350-yards of
                                           repairs to protect against potential storm               the proposed rule. We also updated the                Taylor Bayou Turning Basin north of
                                           surge during hurricane season.                           regulatory text of this rule from the                 latitude 29° 50′57.45′ N. A facility
                                           Permanent repairs to the flood                           proposed rule in the NPRM to reflect the              receives vessels within this zone and
                                           protection wall are now necessary. They                  date of signature as the start of the                 that facility would be permitted to
                                           are extensive and expected to take                       enforcement period.                                   receive vessels based on previously
                                           approximately five to seven years.                          This rule establishes a temporary                  agreed to maneuvering calculations and
                                           Damage to the temporary repairs would                    safety zone for navigable waters of                   plans.
                                           make the surrounding community                           Taylor Bayou Turning Basin north of
                                                                                                    latitude 29° 50′57.45′ N until January                B. Impact on Small Entities
                                           susceptible to flooding during storm
                                           surge or extreme tide events that may                    31, 2023. These coordinates are based                    The Regulatory Flexibility Act of
                                           endanger persons and property in the                     on WGS 84. The duration of the zone is                1980, 5 U.S.C. 601–612, as amended,
                                           surrounding community. The USACE                         intended to ensure the safety of persons,             requires Federal agencies to consider
                                           has requested, and the Coast Guard                       vessels, and the environment until                    the potential impact of regulations on
                                           concurs, that protection measures must                   permanent repairs to the flood                        small entities during rulemaking. The
                                           be instituted until permanent repairs are                protection system are completed. This                 term ‘‘small entities’’ comprises small
                                           completed.                                               section will be enforced from July 11,                businesses, not-for-profit organizations
                                              On April 16, 2018, the Coast Guard                    2018 through January 31, 2023. No                     that are independently owned and
                                           published a notice of proposed                           person or vessel is permitted to enter                operated and are not dominant in their
                                           rulemaking (NPRM) titled Safety Zone;                    the safety zone without obtaining                     fields, and governmental jurisdictions
                                           Taylor Bayou Turning Basin, Port                         permission from the COTP or a                         with populations of less than 50,000.
                                           Arthur, TX (83 FR 16267). There we                       designated representative.                            The Coast Guard received no comments
                                           stated why we issued the NPRM, and                          As used in this section, a designated              from the Small Business Administration
                                           invited comments on our proposed                         representative means a Coast Guard                    on this rulemaking. The Coast Guard
                                           regulatory action related to this                        coxswain, officer or petty officer, or a              certifies under 5 U.S.C. 605(b) that this
                                           temporary safety zone. During the                        federal, state or local officer designated            rule will not have a significant
                                           comment period that ended on June 15,                    by or assisting the COTP in the                       economic impact on a substantial
                                           2018, we received one comment.                           enforcement of the safety zone. To                    number of small entities.
                                                                                                    request permission to enter, contact                     While some owners or operators of
                                              Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                    COTP or a designated representative on                vessels intending to transit the
                                           Guard finds that good cause exists for
                                                                                                    VHF–FM channel 16, or contact Vessel                  temporary safety zone may be small
                                           making this rule effective less than 30
                                                                                                    Traffic Service (VTS) Port Arthur on                  entities, for the reasons stated in section
                                           days after publication in the Federal
                                                                                                    VHF–FM channel 65A or by telephone                    V.A above, this rule will not have a
                                           Register. Delaying the effective date of
                                                                                                    at 409–719–5070. Those persons or                     significant economic impact on any
                                           this rule would be impracticable
                                                                                                    vessels permitted to enter the safety                 vessel owner or operator.
                                           because immediate action is needed to
                                                                                                    zone must comply with all lawful                         Under section 213(a) of the Small
                                           respond to the potential safety hazards
                                                                                                    directions given by the COTP or a                     Business Regulatory Enforcement
                                           associated with repairs of the flood
                                                                                                    designated representative.                            Fairness Act of 1996 (Public Law 104–
                                           protection wall.
                                                                                                                                                          121), we want to assist small entities in
                                           III. Legal Authority and Need for Rule                   V. Regulatory Analyses                                understanding this rule. If the rule
                                              The Coast Guard is issuing this rule                    We developed this rule after                        would affect your small business,
                                           under authority in 33 U.S.C. 1231. The                   considering numerous statutes and                     organization, or governmental
                                           Captain of the Port Marine Safety Unit                   Executive orders related to rulemaking.               jurisdiction and you have questions
                                           Port Arthur (COTP) has determined that                   Below we summarize our analyses                       concerning its provisions or options for
                                           potential hazards associated with the                    based on a number of these statutes and               compliance, please contact the person
                                           condition of the flood protection wall                   Executive orders, and we discuss First                listed in the FOR FURTHER INFORMATION
                                           will be safety concern until permanent                   Amendment rights of protestors.                       CONTACT section.
                                                                                                                                                             Small businesses may send comments
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                                           repairs can be effected. Potential                       A. Regulatory Planning and Review
                                           damage to the temporary repairs would                                                                          on the actions of Federal employees
                                                                                                       Executive Orders 12866 and 13563                   who enforce, or otherwise determine
                                           make the surrounding community
                                                                                                    direct agencies to assess the costs and               compliance with, Federal regulations to
                                             1 See the temporary final rule titled Safety Zone;     benefits of available regulatory                      the Small Business and Agriculture
                                           Taylor Bayou Turning Basin, Port Arthur, TX,             alternatives and, if regulation is                    Regulatory Enforcement Ombudsman
                                           Docket No. USCG–2017–0797 (83 FR 4843).                  necessary, to select regulatory                       and the Regional Small Business


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                                           33844             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations

                                           Regulatory Fairness Boards. The                          Coast Guard in complying with the                     (COTP) in the enforcement of the safety
                                           Ombudsman evaluates these actions                        National Environmental Policy Act of                  zone.
                                           annually and rates each agency’s                         1969(42 U.S.C. 4321–4370f), and have                    (c) Regulations. (1) Under the general
                                           responsiveness to small business. If you                 determined that this action is one of a               safety zone regulations in § 165.23 of
                                           wish to comment on actions by                            category of actions that do not                       this part, you may not enter the safety
                                           employees of the Coast Guard, call 1–                    individually or cumulatively have a                   zone described in paragraph (a) of this
                                           888–REG–FAIR (1–888–734–3247). The                       significant effect on the human                       section unless authorized by the COTP
                                           Coast Guard will not retaliate against                   environment. This rule involves                       or a designated representative.
                                           small entities that question or complain                 establishing a temporary safety zone                     (2) To request permission to enter,
                                           about this rule or any policy or action                  that would prohibit persons and vessels               contact COTP or a designated
                                           of the Coast Guard.                                      from entering the upper reaches of                    representative on VHF–FM channel 16,
                                                                                                    Taylor Bayou Turning Basin unless                     or contact Vessel Traffic Service (VTS)
                                           C. Collection of Information                                                                                   Port Arthur on VHF–FM channel 65A or
                                                                                                    authorized by the COTP or a designated
                                             This rule will not call for a new                      representative. It is categorically                   by telephone at 409–719–5070. Those
                                           collection of information under the                      excluded from further review under                    persons or vessels permitted to enter the
                                           Paperwork Reduction Act of 1995 (44                      paragraph L60(a) of Appendix A, Table                 safety zone must comply with all lawful
                                           U.S.C. 3501–3520).                                       1 of DHS Instruction Manual 023–01–                   directions given by the COTP or a
                                                                                                    001–01, Rev. 01. A Record of                          designated representative.
                                           D. Federalism and Indian Tribal                                                                                   (d) Enforcement date. This rule is
                                           Governments                                              Environmental Consideration
                                                                                                    supporting this determination is                      effective without actual notice from July
                                              A rule has implications for federalism                available in the docket where indicated               18, 2018 through January 31, 2023. For
                                           under Executive Order 13132,                             under ADDRESSES.                                      the purposes of enforcement, actual
                                           Federalism, if it has a substantial direct                                                                     notice will be used from July 11, 2018
                                           effect on the States, on the relationship                G. Protest Activities                                 through July 18, 2018.
                                           between the national government and                        The Coast Guard respects the First                    Dated: July 11, 2018.
                                           the States, or on the distribution of                    Amendment rights of protesters.                       Jacqueline Twomey,
                                           power and responsibilities among the                     Protesters are asked to contact the                   Captain, U.S. Coast Guard, Captain of the
                                           various levels of government. We have                    person listed in the FOR FURTHER                      Port Marine Safety Unit Port Arthur.
                                           analyzed this rule under that Order and                  INFORMATION CONTACT section to                        [FR Doc. 2018–15295 Filed 7–17–18; 8:45 am]
                                           have determined that it is consistent                    coordinate protest activities so that your            BILLING CODE 9110–04–P
                                           with the fundamental federalism                          message can be received without
                                           principles and preemption requirements                   jeopardizing the safety or security of
                                           described in Executive Order 13132.                      people, places, or vessels.
                                              Also, this rule does not have tribal                                                                        ENVIRONMENTAL PROTECTION
                                           implications under Executive Order                       List of Subjects in 33 CFR Part 165                   AGENCY
                                           13175, Consultation and Coordination                       Harbors, Marine safety, Navigation                  40 CFR Part 52
                                           with Indian Tribal Governments,                          (water), Reporting and recordkeeping
                                           because it does not have a substantial                                                                         [EPA–R05–OAR–2017–0164; FRL–9980–
                                                                                                    requirements, Security measures,                      92—Region 5]
                                           direct effect on one or more Indian                      Waterways.
                                           tribes, on the relationship between the
                                                                                                      For the reasons discussed in the                    Air Plan Approval; Ohio; Ohio NSR
                                           Federal Government and Indian tribes,                                                                          PM2.5 Precursors
                                           or on the distribution of power and                      preamble, the Coast Guard amends 33
                                           responsibilities between the Federal                     CFR part 165 as follows:                              AGENCY:  Environmental Protection
                                           Government and Indian tribes. If you                                                                           Agency (EPA).
                                                                                                    PART 165—REGULATED NAVIGATION
                                           believe this rule has implications for                                                                         ACTION: Final rule.
                                                                                                    AREAS AND LIMITED ACCESS AREAS
                                           federalism or Indian tribes, please
                                           contact the person listed in the FOR                                                                           SUMMARY:   The Environmental Protection
                                                                                                    ■ 1. The authority citation for part 165              Agency (EPA) is approving, under the
                                           FURTHER INFORMATION CONTACT section.
                                                                                                    continues to read as follows:                         Clean Air Act (CAA), revisions to Ohio’s
                                           E. Unfunded Mandates Reform Act                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           state implementation plan (SIP) as
                                             The Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             requested by the Ohio Environmental
                                           of 1995 (2 U.S.C. 1531–1538) requires                    Department of Homeland Security Delegation            Protection Agency (OEPA) on March 10,
                                           Federal agencies to assess the effects of                No. 0170.2.                                           2017, and supplemented on July 18,
                                           their discretionary regulatory actions. In               ■ 2. Add § 165.T08–0914 to read as                    2017. The revisions to Ohio’s SIP
                                           particular, the Act addresses actions                    follows:                                              implement certain EPA regulations for
                                           that may result in the expenditure by a                                                                        particulate matter smaller than 2.5
                                                                                                    § 165.T08–0914 Safety Zone; Taylor Bayou              micrometers (PM2.5) for nonattainment
                                           State, local, or tribal government, in the               Turning Basin, Port Arthur, TX.
                                           aggregate, or by the private sector of                                                                         areas by establishing definitions related
                                           $100,000,000 (adjusted for inflation) or                   (a) Location. The following area is a               to PM2.5 and defining PM2.5 precursors.
                                           more in any one year. Though this rule                   safety zone: Navigable waters of Taylor               The revisions also incorporate the
                                           will not result in such an expenditure,                  Bayou Turning Basin north of latitude                 findings of a comprehensive precursor
                                           we do discuss the effects of this rule                   29°50′57.45′ N. These coordinates are                 demonstration performed by OEPA,
                                           elsewhere in this preamble.                              based on WGS 84.                                      which determined that volatile organic
amozie on DSK3GDR082PROD with RULES




                                                                                                      (b) Definition. As used in this section,            compounds (VOC) and ammonia (NH3)
                                           F. Environment                                           a designated representative means a                   are an insignificant source of PM2.5 for
                                             We have analyzed this rule under                       Coast Guard coxswain, officer or petty                the purpose of new source review in
                                           Department of Homeland Security                          officer, or a federal, state or local officer         nonattainment areas in Ohio.
                                           Directive 023–01 and Commandant                          designated by or assisting the Captain of             DATES: This final rule is effective on
                                           Instruction M16475.1D, which guide the                   the Port Marine Safety Unit Port Arthur               August 17, 2018.


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Document Created: 2018-11-06 10:24:52
Document Modified: 2018-11-06 10:24:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis 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.
ContactIf 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]
FR Citation83 FR 33842 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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