Safety Zone; Neches River, Beaumont, TX, 19965-19968 [2018-09667]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
units under the operational control of
USCG Sector Ohio Valley.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and dates for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs), as
appropriate.
Dated: May 2, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–09662 Filed 5–4–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0363]
Safety Zone; Annual Events Requiring
Safety Zones in the Captain of the Port
Lake Michigan Zone—Marinette
Logging and Heritage Fest
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Marinette
Logging and Heritage Festival Fireworks
on the Menomonee River in Marinette,
WI from 9 p.m. through 11 p.m. on July
14, 2018. This action is necessary and
intended to ensure safety of life on
navigable waters immediately prior to,
during, and after the fireworks display.
During the enforcement period, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
The regulations in 33 CFR
165.929 will be enforced for safety zone
(e)(50), Table 165.929, from 9 p.m.
through 11 p.m. on July 14, 2018.
DATES:
VerDate Sep<11>2014
16:29 May 04, 2018
Jkt 244001
If
you have questions on this notice of
enforcement, call or email marine event
coordinator, MSTC K. Carpino,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI;
telephone (414) 747–7148, email D09–
SMB–SECLakeMichigan-WWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Marinette
Logging and Heritage Festival Fireworks
safety zone listed as item (e)(50) in
Table 165.929 of 33 CFR 165.929 from
9 p.m. through 11 p.m. on July 14, 2018
on all waters of the Menominee River,
in the vicinity of Stephenson Island,
within the arc of a circle with a 900-foot
radius from the fireworks launch site in
position 45°06.232′ N, 087°37.757′ W
(NAD 83). Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated on-scene representative.
This notice of enforcement is issued
under authority of 33 CFR 165.929,
Safety Zones; Annual events requiring
safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C.
552(a). In addition to this publication in
the Federal Register, the Coast Guard
plans to provide the maritime
community with advance notification
for the enforcement of this safety zone
via Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain of
the Port Lake Michigan or a designated
representative will inform the public
through a Broadcast Notice to Mariners
of any changes in the planned schedule.
The Captain of the Port Lake Michigan
or a representative may be contacted via
Channel 16, VHF–FM., or via telephone
(414) 747–7182
SUPPLEMENTARY INFORMATION:
Dated: April 19, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–09663 Filed 5–4–18; 8:45 am]
BILLING CODE 9110–04–P
19965
Temporary final rule; request for
comments.
ACTION:
The Coast Guard is
establishing a temporary safety zone on
navigable waters of the Neches River
extending 500-feet on either side of the
Kansas City Southern Railroad Bridge
that crosses the Neches River in
Beaumont, TX. The safety zone is
necessary to protect the bridge as well
as persons and property on or near the
bridge from potential damage from
passing vessels until missing and/or
damaged fendering systems are repaired
or replaced. Entry of certain vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Marine Safety Unit
Port Arthur or a designated
representative. We invite your
comments on this rule.
SUMMARY:
This rule is effective without
actual notice from May 7, 2018 through
midnight on August 31, 2018. For the
purposes of enforcement, actual notice
will be used from May 1, 2018 through
May 7, 2018. Comments and related
material must be received before May
29, 2018.
DATES:
You may submit comments
identified by docket number USCG–
2018–0376 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for Comment’’
portion of the SUPPLEMENTARY
INFORMATION section for further
instructions on submitting comments.
To view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type USCG–2018–
0376 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
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
Scott.K.Whalen@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
SUPPLEMENTARY INFORMATION:
Coast Guard
I. Table of Abbreviations
33 CFR Part 165
[Docket Number USCG–2018–0376]
RIN 1625–AA00
Safety Zone; Neches River, Beaumont,
TX
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00061
Fmt 4700
Sfmt 4700
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
KCS Kansas City Southern Railroad
Company
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VTS Vessel Traffic Service
E:\FR\FM\07MYR1.SGM
07MYR1
19966
Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
IV. Discussion of the Rule
II. Background Information and
Regulatory History
On April 19, 2018, the Coast Guard
was notified that the wood fendering
systems designed to protect bridge
support columns of the Kansas City
Southern Railroad Company’s bridge
(KSC) from strikes by vessels transiting
under the bridge had been damaged or
destroyed by Hurricane Harvey. The
south bank column protection fenders
are missing and the north bank column
protection fenders are severely
damaged. KCS indicated that strikes to
the support columns could compromise
the bridge structure.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The fendering systems
protecting the bridge from strikes by
passing marine traffic are missing or
severely damaged and we must establish
this safety zone immediately to protect
the bridge and those persons that use
the bridge. The Coast Guard is providing
an opportunity to comment while the
rule is in effect and may amend the rule
after it becomes effective, if necessary.
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 and
contrary to the public interest because
immediate action is needed to respond
to potential safety hazards posed by and
to passing vessel traffic by and to the
unprotected bridge columns supporting
the KCS Bridge.
daltland on DSKBBV9HB2PROD with RULES
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 posed by the
unprotected bridge columns are a safety
concern to the KCS Bridge and to
persons and property on or near the
bridge. The purpose of this rule is to
provide for the safety of the KCS Bridge
and persons and property on or near the
bridge.
VerDate Sep<11>2014
16:29 May 04, 2018
Jkt 244001
This rule establishes a safety zone
from 1 p.m. on May 1, 2018 through
midnight on August 31, 2018 until
missing and/or damaged fendering
systems are repaired or replaced,
whichever occurs first. The safety zone
will extend 500-feet on either side of the
KCS Bridge that crosses the Neches
River in Beaumont, TX in approximate
location 30° 04′54.8″ N 094°05′29.4″ W.
The duration of the zone is intended to
protect the bridge support columns as
well as persons and property on or near
the bridge until the bridge fendering is
repaired or replaced. Only vessels less
than 65 feet in length and not engaged
in towing are authorized to enter the
zone, unless otherwise permitted by the
COTP or a designated representative are
permitted to enter the safety zone.
Persons and vessels not permitted to
enter the safety zone must request
permission from the COTP or a
designated representative. They may be
contacted through Vessel Traffic Service
(VTS) on channels 65A or 13 VHF–FM,
or by telephone at (409) 719–5070.
Permission to transit through the
bridge will be based on weather, tide
and current conditions, vessel size,
horsepower, and availability of assist
vessels. All persons and vessels
permitted to enter this temporary safety
zone shall comply with the lawful
orders or directions given to them by
COTP or a designated representative.
Intentional or unintentional contact
with any part of the bridge or associated
structure, including fendering systems,
support columns, spans or any other
portion of the bridge, is strictly
prohibited. Report any contact with the
bridge or associated structures
immediately to VTS Port Arthur on
channels 65A, 13 or 16 VHF–FM or by
telephone at (409) 719–5070.
The Coast Guard will inform the
public through public of the effective
period of this safety zone through VTS
Advisories, Broadcast Notices to
Mariners (BNMs), Local Notice to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
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 as 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 and
duration of the safety zone. This rule
will only affect certain vessels transiting
the upper reaches of the Neches River
in Beaumont, TX. The Coast Guard will
issue a VTS Advisory concerning the
zone, and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
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 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
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
E:\FR\FM\07MYR1.SGM
07MYR1
Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
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).
daltland on DSKBBV9HB2PROD with RULES
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
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this 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
VerDate Sep<11>2014
16:29 May 04, 2018
Jkt 244001
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 a safety
zone that will prohibit entry within 500feet of either side of the KCS Bridge that
crosses the Neches River in Beaumont,
TX. It is categorically excluded from
further review under paragraph L60(d)
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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
The Coast Guard may amend this
temporary final rule if we receive
comments from the public that indicate
that a change is warranted. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION section
of this document for alternate
instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this
temporary final rule as being available
in the docket, and all public comments,
will be in our online docket at https://
www.regulations.gov and can be viewed
by following that website’s instructions.
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
19967
Additionally, if you go to the online
docket and sign up for email alerts, you
will be notified when comments are
posted.
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
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. 0170.1.
2. Add § 165.T08–0376 to read as
follows:
■
§ 165.T08–0376 Safety Zone; Neches
River, Beaumont, TX.
(a) Location. The following area is a
safety zone: all navigable waters
extending 500-feet on either side of the
Kansas City Southern Railroad Bridge
that crosses the Neches River in
Beaumont, TX in approximate location
30°04′54.8″ N 094°05′29.4″ W.
(b) Effective period. This section is
effective from 1 p.m. on May 1, 2018
through midnight on August 31, 2018 or
until missing and/or damaged fendering
systems are repaired or replaced,
whichever occurs first.
(c) Regulations. (1) No vessel may
enter or remain in the safety zone
except:
(i) A vessel less than 65 feet in length
and not engaged in towing; or
(ii) A vessel authorized by the Captain
of the Port Marine Safety Unit Port
Arthur (COTP) or a designated
representative
(2) Persons and vessels not permitted
to enter the safety zone must request
permission from the COTP or a
designated representative. They may be
contacted through Vessel Traffic Service
(VTS) on channels 65A or 13 VHF–FM,
or by telephone at (409) 719–5070.
(3) Permission to transit through the
bridge will be based on weather, tide
and current conditions, vessel size,
horsepower, and availability of assist
vessels. All persons and vessels
permitted to enter this temporary safety
zone shall comply with the lawful
orders or directions given to them by
COTP or a designated representative.
(4) Intentional or unintentional
contact with any part of the bridge or
associated structure, including
E:\FR\FM\07MYR1.SGM
07MYR1
19968
Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
fendering systems, support columns,
spans or any other portion of the bridge,
is strictly prohibited. Report any contact
with the bridge or associated structures
immediately to VTS Port Arthur on
channels 65A, 13 or 16 VHF–FM or by
telephone at (409) 719–5070.
(d) Informational broadcasts. The
Coast Guard will inform the public of
the effective period of this safety zone
through VTS Advisories, Broadcast
Notices to Mariners (BNMs), Local
Notice to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: May 1, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2018–09667 Filed 5–4–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
[EPA–HQ–OPP–2017–0294; FRL–9977–31]
Duddingtonia flagrans strain IAH 1297;
Exemption from the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Duddingtonia
flagrans strain IAH 1297 in or on all
food commodities when used in
accordance with label directions and
good agricultural practices.
International Animal Health Products
Pty. Ltd. submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Duddingtonia flagrans strain IAH 1297
under FFDCA.
DATES: This regulation is effective May
7, 2018. Objections and requests for
hearings must be received on or before
July 6, 2018, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0294, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:29 May 04, 2018
Jkt 244001
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Director, Biopesticides
and Pollution Prevention Division
(7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
OPP–2017–0294 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before July 6, 2018. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2017–0294, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Background and Statutory Findings
In the Federal Register of October 23,
2017 (82 FR 49022) (FRL–9967–37),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide tolerance petition (PP 6F8531)
by International Animal Health
Products Pty. Ltd., 18 Healey Circuit,
Huntingwood, New South Wales 2148,
Australia (in care of SciReg. Inc., 12733
Director’s Loop, Woodbridge, VA
22192). The petition requested that 40
CFR part 180 be amended by
establishing an exemption from the
requirement of a tolerance for residues
of Duddingtonia flagrans strain IAH
1297 in or on all raw and processed
agricultural commodities. That
document referenced a summary of the
petition prepared by the petitioner
International Animal Health Products
Pty. Ltd., which is available in the
docket via https://www.regulations.gov.
E:\FR\FM\07MYR1.SGM
07MYR1
]]>Agencies
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Rules and Regulations]
[Pages 19965-19968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09667]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0376]
RIN 1625-AA00
Safety Zone; Neches River, Beaumont, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
navigable waters of the Neches River extending 500-feet on either side
of the Kansas City Southern Railroad Bridge that crosses the Neches
River in Beaumont, TX. The safety zone is necessary to protect the
bridge as well as persons and property on or near the bridge from
potential damage from passing vessels until missing and/or damaged
fendering systems are repaired or replaced. Entry of certain vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Marine Safety Unit Port Arthur or a designated
representative. We invite your comments on this rule.
DATES: This rule is effective without actual notice from May 7, 2018
through midnight on August 31, 2018. For the purposes of enforcement,
actual notice will be used from May 1, 2018 through May 7, 2018.
Comments and related material must be received before May 29, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0376 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comment'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. To view documents mentioned in
this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2018-0376 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
KCS Kansas City Southern Railroad Company
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
VTS Vessel Traffic Service
[[Page 19966]]
II. Background Information and Regulatory History
On April 19, 2018, the Coast Guard was notified that the wood
fendering systems designed to protect bridge support columns of the
Kansas City Southern Railroad Company's bridge (KSC) from strikes by
vessels transiting under the bridge had been damaged or destroyed by
Hurricane Harvey. The south bank column protection fenders are missing
and the north bank column protection fenders are severely damaged. KCS
indicated that strikes to the support columns could compromise the
bridge structure.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. The
fendering systems protecting the bridge from strikes by passing marine
traffic are missing or severely damaged and we must establish this
safety zone immediately to protect the bridge and those persons that
use the bridge. The Coast Guard is providing an opportunity to comment
while the rule is in effect and may amend the rule after it becomes
effective, if necessary.
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 and contrary to the public interest
because immediate action is needed to respond to potential safety
hazards posed by and to passing vessel traffic by and to the
unprotected bridge columns supporting the KCS Bridge.
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 posed by the unprotected bridge
columns are a safety concern to the KCS Bridge and to persons and
property on or near the bridge. The purpose of this rule is to provide
for the safety of the KCS Bridge and persons and property on or near
the bridge.
IV. Discussion of the Rule
This rule establishes a safety zone from 1 p.m. on May 1, 2018
through midnight on August 31, 2018 until missing and/or damaged
fendering systems are repaired or replaced, whichever occurs first. The
safety zone will extend 500-feet on either side of the KCS Bridge that
crosses the Neches River in Beaumont, TX in approximate location
30[deg] 04'54.8'' N 094[deg]05'29.4'' W. The duration of the zone is
intended to protect the bridge support columns as well as persons and
property on or near the bridge until the bridge fendering is repaired
or replaced. Only vessels less than 65 feet in length and not engaged
in towing are authorized to enter the zone, unless otherwise permitted
by the COTP or a designated representative are permitted to enter the
safety zone.
Persons and vessels not permitted to enter the safety zone must
request permission from the COTP or a designated representative. They
may be contacted through Vessel Traffic Service (VTS) on channels 65A
or 13 VHF-FM, or by telephone at (409) 719-5070.
Permission to transit through the bridge will be based on weather,
tide and current conditions, vessel size, horsepower, and availability
of assist vessels. All persons and vessels permitted to enter this
temporary safety zone shall comply with the lawful orders or directions
given to them by COTP or a designated representative.
Intentional or unintentional contact with any part of the bridge or
associated structure, including fendering systems, support columns,
spans or any other portion of the bridge, is strictly prohibited.
Report any contact with the bridge or associated structures immediately
to VTS Port Arthur on channels 65A, 13 or 16 VHF-FM or by telephone at
(409) 719-5070.
The Coast Guard will inform the public through public of the
effective period of this safety zone through VTS Advisories, Broadcast
Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.
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 as 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
and duration of the safety zone. This rule will only affect certain
vessels transiting the upper reaches of the Neches River in Beaumont,
TX. The Coast Guard will issue a VTS Advisory concerning the zone, and
the rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this 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
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 Regulatory
Fairness Boards. The Ombudsman evaluates these actions
[[Page 19967]]
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this 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
a safety zone that will prohibit entry within 500-feet of either side
of the KCS Bridge that crosses the Neches River in Beaumont, TX. It is
categorically excluded from further review under paragraph L60(d) 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. The Coast Guard may amend this temporary final rule if we
receive comments from the public that indicate that a change is
warranted. If you submit a comment, please include the docket number
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this temporary final rule as being available
in the docket, and all public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted.
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.
0170.1.
0
2. Add Sec. 165.T08-0376 to read as follows:
Sec. 165.T08-0376 Safety Zone; Neches River, Beaumont, TX.
(a) Location. The following area is a safety zone: all navigable
waters extending 500-feet on either side of the Kansas City Southern
Railroad Bridge that crosses the Neches River in Beaumont, TX in
approximate location 30[deg]04'54.8'' N 094[deg]05'29.4'' W.
(b) Effective period. This section is effective from 1 p.m. on May
1, 2018 through midnight on August 31, 2018 or until missing and/or
damaged fendering systems are repaired or replaced, whichever occurs
first.
(c) Regulations. (1) No vessel may enter or remain in the safety
zone except:
(i) A vessel less than 65 feet in length and not engaged in towing;
or
(ii) A vessel authorized by the Captain of the Port Marine Safety
Unit Port Arthur (COTP) or a designated representative
(2) Persons and vessels not permitted to enter the safety zone must
request permission from the COTP or a designated representative. They
may be contacted through Vessel Traffic Service (VTS) on channels 65A
or 13 VHF-FM, or by telephone at (409) 719-5070.
(3) Permission to transit through the bridge will be based on
weather, tide and current conditions, vessel size, horsepower, and
availability of assist vessels. All persons and vessels permitted to
enter this temporary safety zone shall comply with the lawful orders or
directions given to them by COTP or a designated representative.
(4) Intentional or unintentional contact with any part of the
bridge or associated structure, including
[[Page 19968]]
fendering systems, support columns, spans or any other portion of the
bridge, is strictly prohibited. Report any contact with the bridge or
associated structures immediately to VTS Port Arthur on channels 65A,
13 or 16 VHF-FM or by telephone at (409) 719-5070.
(d) Informational broadcasts. The Coast Guard will inform the
public of the effective period of this safety zone through VTS
Advisories, Broadcast Notices to Mariners (BNMs), Local Notice to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate.
Dated: May 1, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2018-09667 Filed 5-4-18; 8:45 am]
BILLING CODE 9110-04-P
