Safety Zone; Neches River, Beaumont, TX, 45047-45049 [2018-19193]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations
searching for and locating it in Docket No.
FAA–2017–1122.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Rolls-Royce plc (RR) Alert NonModification Service Bulletin RB.211–72–
AH054, Revision 3, dated February 1, 2018.
(ii) Reserved.
(3) For RR service information identified in
this AD, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011–44–1332–
242424; fax: 011–44–1332–245418, or email:
https://www.rolls-royce.com/contact/civil_
team.jsp.
(4) You may view this service information
at FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA, 01803. For information on the
availability of this material at the FAA, call
781–238–7759.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
August 27, 2018.
Karen M. Grant,
Acting Manager, Engine and Propeller
Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018–19119 Filed 9–4–18; 8:45 am]
BILLING CODE 4910–13–P
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
100.735 will be enforced from 9 a.m.
until 5 p.m., each day from November
16, 2018, through November 18, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Marine
Science Technician First Class Michael
D. Shackleford, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email
Michael.d.shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 100.735 for the
OPA World Championships regulated
area from 9 a.m. to 5 p.m. on November
16, 2018 through November 18, 2018.
This action is being taken to provide for
the safety of life on navigable waterways
during this 3-day event. Our regulation
for Annual OPA World Championships,
§ 100.735, specifies the location of the
regulated area for the OPA World
Championships which encompasses
portions of the Gulf of Mexico near
Englewood, FL. During the enforcement
periods, as reflected in § 100.735, if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via the
Broadcast Notice to Mariners.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2018–19176 Filed 9–4–18; 8:45 am]
Coast Guard
BILLING CODE 9110–04–P
33 CFR Part 100
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. USCG–2018–0834]
Special Local Regulation; Annual OPA
World Championships, Gulf of Mexico;
Englewood Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement
33 CFR Part 165
[Docket Number USCG–2018–0376]
of
regulation.
RIN 1625–AA00
The Coast Guard will enforce
special local regulations for the OPA
World Championships from November
16, 2018 through November 18, 2018, to
provide for the safety of life on
navigable waterways during this event.
Our regulation for Annual OPA World
Championships identifies the regulated
area for this event in Englewood, FL.
During the enforcement periods, the
operator of any vessel in the regulated
Safety Zone; Neches River, Beaumont,
TX
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
Coast Guard
VerDate Sep<11>2014
17:12 Sep 04, 2018
Jkt 244001
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
The Coast Guard is extending
the duration of 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
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
45047
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.
This rule is effective without
actual notice from September 5, 2018
until January 31, 2019. For the purposes
of enforcement, actual notice will be
used from September 1, 2018 until
September 5, 2018.
DATES:
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:
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
§ Section
U.S.C. United States Code
VTS Vessel Traffic Service
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. In response, on
May 7, 2018, the Coast Guard published
a temporary final rule; request for
E:\FR\FM\05SER1.SGM
05SER1
45048
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations
comments titled ‘‘Safety Zone; Neches
River, Beaumont, TX’’ (83 FR 19968).
During the comment period that ended
May 29, 2018, we received no
comments.
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 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our temporary final rule;
request for comments published on May
7, 2018. The only changes in the
regulatory text of this rule are minor
formatting edits and the extension of the
effective period until January 31, 2018,
or until the missing and/or damaged
fenders are repaired or replaced,
whichever occurs first.
This rule extends a temporary safety
zone from September 1, 2018 through
January 31, 2019 or until missing and/
or damaged fendering systems are
repaired or replaced, whichever occurs
first. The safety zone extends 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 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
VerDate Sep<11>2014
16:03 Sep 04, 2018
Jkt 244001
(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.
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 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017). 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 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 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
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.
E:\FR\FM\05SER1.SGM
05SER1
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations
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.
daltland on DSKBBV9HB2PROD with RULES
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 500feet of either side of the KCS Bridge that
crosses the Neches River in Beaumont,
TX. It is categorically excluded from
VerDate Sep<11>2014
16:03 Sep 04, 2018
Jkt 244001
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.
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. Revise § 165.T08–0376 to read as
follows:
■
45049
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
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
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.
Dated: August 29, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2018–19193 Filed 9–4–18; 8:45 am]
BILLING CODE 9110–04–P
§ 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 rule is
effective without actual notice from
September 5, 2018 until January 31,
2019 or until missing and/or damaged
fendering systems are repaired or
replaced, whichever occurs first. For the
purposes of enforcement, actual notice
will be used from September 1, 2018
until September 5, 2018.
(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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0831]
RIN 1625–AA00
Safety Zone; SFODA 9233 Buffalo
Operation; Lake Erie, Hamburg, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-foot
radius of the water insertion site located
offshore of Hamburg Beach/Town Park,
Lake Erie, Hamburg, NY. This safety
zone is intended to restrict vessels from
portions of Lake Erie during the SFODA
9233 Buffalo Operation. This temporary
safety zone is necessary to protect
mariners and vessels from the
navigational hazards associated with
SUMMARY:
E:\FR\FM\05SER1.SGM
05SER1
]]>Agencies
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45047-45049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19193]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the duration of 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.
DATES: This rule is effective without actual notice from September 5,
2018 until January 31, 2019. For the purposes of enforcement, actual
notice will be used from September 1, 2018 until September 5, 2018.
ADDRESSES: 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
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. In response, on May 7, 2018, the Coast Guard
published a temporary final rule; request for
[[Page 45048]]
comments titled ``Safety Zone; Neches River, Beaumont, TX'' (83 FR
19968). During the comment period that ended May 29, 2018, we received
no comments.
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 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 Comments, Changes, and the Rule
As noted above, we received no comments on our temporary final
rule; request for comments published on May 7, 2018. The only changes
in the regulatory text of this rule are minor formatting edits and the
extension of the effective period until January 31, 2018, or until the
missing and/or damaged fenders are repaired or replaced, whichever
occurs first.
This rule extends a temporary safety zone from September 1, 2018
through January 31, 2019 or until missing and/or damaged fendering
systems are repaired or replaced, whichever occurs first. The safety
zone extends 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 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.
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 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). 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 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
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 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.
[[Page 45049]]
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
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.
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. Revise 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 rule is effective without actual notice
from September 5, 2018 until January 31, 2019 or until missing and/or
damaged fendering systems are repaired or replaced, whichever occurs
first. For the purposes of enforcement, actual notice will be used from
September 1, 2018 until September 5, 2018.
(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 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 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.
Dated: August 29, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2018-19193 Filed 9-4-18; 8:45 am]
BILLING CODE 9110-04-P
