Safety Zone; Neches River, Beaumont, TX, 530-533 [2019-00423]
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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:
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[FR Doc. 2019–00412 Filed 1–30–19; 8:45 am]
BILLING CODE 3810–FF–P
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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:
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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
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:
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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
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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
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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
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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
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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.
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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.
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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.
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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,
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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 https://
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.
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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:
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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
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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
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]]>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
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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
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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
