Safety Zone; Neches River, Beaumont, TX, 530-533 [2019-00423]

Download as PDF 530 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations PART 270—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 270, is removed. ■ Dated: January 28, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–00428 Filed 1–30–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Removal of this part does not add or reduce the burden or cost on the public in any way. The cost of certifying alternate compliance of U.S. Navy vessels and notifying the public of such certification will remain the same with removal of the part. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. List of Subjects in 32 CFR Part 706 Department of the Navy Marine Safety; Navigation (water). 32 CFR Part 706 PART 706—[REMOVED] [Docket ID: USN–2018–HQ–0011] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 706 is removed. ■ RIN 0703–AB03 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 Department of the Navy, Department of Defense. ACTION: Final rule. AGENCY: khammond on DSKBBV9HB2PROD with RULES [FR Doc. 2019–00412 Filed 1–30–19; 8:45 am] BILLING CODE 3810–FF–P VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 List of Subjects in 32 CFR Part 707 Marine safety; Navigation (water). This final rule removes Department of the Navy regulations governing Certification and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972. The certification and exemption of certain naval vessels which cannot comply fully with the International Regulations for Preventing Collisions at Sea, 1972, is governed by statute and executive order which direct that notice of certification of alternate compliance be published in the Federal Register. The content of this part imposes no burden on the public, and the rule is not required. Notice will continue to be provided the public through the publication of notice documents in the Federal Register. Therefore, this rule can be removed from the CFR. DATES: This rule is effective on January 31, 2019. FOR FURTHER INFORMATION CONTACT: LCDR Bradley Davis at 202–685–5040. SUPPLEMENTARY INFORMATION: 33 U.S.C. 1605 and Executive Order 11964 of January 19, 1977, direct the Department of the Navy to provide public notice in the Federal Register of U.S. Navy vessels which cannot comply fully with the International Regulations for Preventing Collisions at Sea, 1972. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since statutorily required notice will be accomplished through publication of notice documents in the Federal Register. SUMMARY: Dated: January 28, 2019. M.S. Werner, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. of the Navy to provide public notice in the Federal Register of U.S. Navy vessels which display additional station and signal lights. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since statutorily required notice will continue to be accomplished through publication of notice documents in the Federal Register. Removal of this part does not add or reduce the burden or cost on the public in any way. The cost of notifying the public regarding additional station and signal lights displayed by U.S. Navy vessels will remain the same with removal of the part. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. DEPARTMENT OF DEFENSE PART 707—[REMOVED] Department of the Navy ■ 32 CFR Part 707 Dated: January 29, 2019. M.S. Werner, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 707 is removed. [Docket ID: USN–2018–HQ–0010] RIN 0703–AB04 Special Rules With Respect to Additional Station and Signal Lights Department of the Navy, Department of Defense. ACTION: Final rule. [FR Doc. 2019–00415 Filed 1–30–19; 8:45 am] BILLING CODE 3810–FF–P AGENCY: This final rule removes Department of the Navy regulations concerning Special Rules with Respect to Additional Station and Signal Lights. Public notification of U.S. Navy vessels which display additional station and signal lights is governed by statute and executive order which direct that such notice be published in the Federal Register. The content of this part imposes no burden on the public, and the rule is not required. Notice will continue to be provided the public through the publication of notice documents in the Federal Register. Therefore, this rule can be removed from the CFR. DATES: This rule is effective on January 31, 2019. FOR FURTHER INFORMATION CONTACT: LCDR Bradley Davis at 202–685–5040. SUPPLEMENTARY INFORMATION: 33 U.S.C. 1605 and Executive Order 11964 of January 19, 1977, direct the Department SUMMARY: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0376] RIN 1625–AA00 Safety Zone; Neches River, Beaumont, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is extending the duration of a temporary safety zone on the 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 SUMMARY: E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 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 from 1 a.m. on February 1, 2019 through midnight on September 30, 2019. 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 Scott.K.Whalen@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations khammond on DSKBBV9HB2PROD with RULES 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 comment titled Safety Zone; Neches River, Beaumont, TX (83 FR 19965). During the comment period that ended on May 29, 2018, we received no comments. The safety zone was established on May 7, 2018, and extended on September 5, 2018 via a temporary final rule titled Safety Zone; Neches River, Beaumont, TX (83 FR 45047). The zone is scheduled to expire on January 31, 2019. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 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 continue 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 September 30, 2019, or until the missing and/or damaged fenders are repaired or replaced, whichever occurs first. This rule extends the temporary safety zone from February 1, 2019 through September 30, 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 desiring 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 531 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 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 E:\FR\FM\31JAR1.SGM 31JAR1 532 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 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. khammond on DSKBBV9HB2PROD with RULES 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. VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 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 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. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 and enforcement periods. This section is effective from 1 p.m. on February 1, 2019 through midnight on September 30, 2019. This section will be enforced from 1 p.m. on February 1, 2019 through midnight on September 30, 2019, 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 desiring 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, E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Comments and related material must be received by the Coast Guard on or before March 4, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 1063 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. You may submit comments identified by docket number USCG– 2018–1063 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271–4889, email Edmund.j.ofalt@uscg.mil. SUPPLEMENTARY INFORMATION: Coast Guard I. Table of Abbreviations 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: December 26, 2018. K.J. Pierre, Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety Unit Port Arthur. [FR Doc. 2019–00423 Filed 1–30–19; 8:45 am] BILLING CODE 9110–04–P CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code 33 CFR Part 165 [Docket Number USCG–2018–1063] RIN 1625–AA00 Safety Zones, Delaware River; Maintenance Dredging Coast Guard, DHS. Temporary interim rule and request for comments. AGENCY: ACTION: The Coast Guard is establishing temporary safety zones in portions of New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range on the Delaware River. The safety zones will temporarily restrict vessel traffic from transiting or anchoring in a portion of the Delaware River while dredging operations are being conducted to facilitate the Delaware River annual maintenance project for the main navigational channel of the Delaware River. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River, in the vicinity of dredging activity and is intended to protect mariners from the hazards associated with pipe-laying and dredging operations. khammond on DSKBBV9HB2PROD with RULES SUMMARY: This rule is effective without actual notice from January 31, 2019, through May 31, 2019. For the purposes of enforcement, actual notice will be used from January 15, 2019, through January 31, 2019. DATES: VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 II. Background Information and Regulatory History 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)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impractical and contrary to the public interest. Final details for the dredging operation were not received by the Coast Guard until January 9, 2019. Vessels transiting through New Castle Range, Marcus Hook Range, Deepwater Point Range, or entering the waters of Anchorage 7 off Marcus Hook Range during dredging operations may be at risk. We are taking immediate action to help protect the safety of the project personnel, vessels, and the marine environment on the navigable waters within the safety zones while dredging is being conducted. It is important to PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 533 have these regulations in effect during dredging operations and it is impracticable to delay the regulations. We are issuing this rule and, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register because doing so would be contrary to the public interest. Allowing this dredging operation to go forward without safety zones in place would expose mariners and the public to unnecessary dangers. 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 (COTP), Delaware Bay, has determined that potential hazards associated with dredging operations beginning on or after January 15, 2019, will be a safety concern for vessels attempting to transit the Delaware River, along New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range. This rule is needed to protect personnel, vessels, and the marine environment on the navigable waters within the safety zones while dredging operations are being conducted. IV. Discussion of the Rule This rule establishes safety zones on portions of the Delaware River from January 15, 2019 until May 31, 2019, unless cancelled earlier by the COTP. The safety zones are necessary to facilitate the main channel annual maintenance of New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range (as described in 33 CFR 110.157(a)(8)). Maintenance dredging in the channel will most likely be conducted with the dredge ESSEX, though other dredges may be used, along with associated dredge pipeline and boosters. The pipeline consists of a combination of floating hoses immediately behind the dredge and submerged pipeline leading to upland disposal areas. Due to the hazards related to dredging operations, the associated pipeline, and the location of the submerged pipeline, safety zones are being established in the following areas: (1) Safety zone one includes all navigable waters within 250 yards of the dredge displaying lights and shapes for vessels restricted in ability to maneuver as described in 33 CFR 83.27 and all related dredge equipment when the dredge is operating in New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7. This safety zone is being established for the E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Rules and Regulations]
[Pages 530-533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00423]


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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.

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SUMMARY: The Coast Guard is extending the duration of a temporary 
safety zone on the 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

[[Page 531]]

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 from 1 a.m. on February 1, 2019 through 
midnight on September 30, 2019.

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 Scott.K.Whalen@uscg.mil.

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 comment titled Safety Zone; Neches 
River, Beaumont, TX (83 FR 19965). During the comment period that ended 
on May 29, 2018, we received no comments. The safety zone was 
established on May 7, 2018, and extended on September 5, 2018 via a 
temporary final rule titled Safety Zone; Neches River, Beaumont, TX (83 
FR 45047). The zone is scheduled to expire on January 31, 2019.
    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 continue 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 September 30, 2019, or until 
the missing and/or damaged fenders are repaired or replaced, whichever 
occurs first.
    This rule extends the temporary safety zone from February 1, 2019 
through September 30, 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 desiring 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 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

[[Page 532]]

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.

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. 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 and enforcement periods. This section is effective 
from 1 p.m. on February 1, 2019 through midnight on September 30, 2019. 
This section will be enforced from 1 p.m. on February 1, 2019 through 
midnight on September 30, 2019, 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 desiring 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,

[[Page 533]]

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: December 26, 2018.
K.J. Pierre,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety 
Unit Port Arthur.
[FR Doc. 2019-00423 Filed 1-30-19; 8:45 am]
 BILLING CODE 9110-04-P