Safety Zone; Neches River, Beaumont, TX, 44794-44797 [2019-18359]
Download as PDF
<![CDATA[
44794
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
jspears on DSK3GMQ082PROD with PROPOSALS
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a safety zone lasting no more
than seven hours that would prohibit
entry within 1,500 yards of a rocket
launch site. Normally such actions are
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
preliminary Record of Environmental
Consideration supporting this
determination will be available in the
docket where indicated under
ADDRESSES once it is completed. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
VerDate Sep<11>2014
18:02 Aug 26, 2019
Jkt 247001
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23 of this part, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan (COTP) or a designated
on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP or
an on-scene representative.
Dated: August 21, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2019–18390 Filed 8–26–19; 8:45 am]
BILLING CODE 9110–04–P
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 is proposing
to amend 33 CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
RIN 1625–AA00
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T09–0683 to read as
follows:
■
§ 165.T09–0683 Safety Zone; Spaceport
Sheboygan Corporate Rocket Challenge,
Sheboygan Harbor, Sheboygan, WI.
(a) Location. All navigable waters of
the Sheboygan Harbor and Lake
Michigan near Sheboygan, WI within
1,500 yards of the Sheboygan South Pier
rocket launch site located at coordinates
43°44.914′ N, 087°41.869′ W.
(b) Enforcement Period. This rule will
be enforced from 9 a.m. through 4 p.m.
on September 28, 2019.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0614]
Safety Zone; Neches River, Beaumont,
TX
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish 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 persons, bridge, 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 would be prohibited unless
specifically authorized by the Captain of
the Port Marine Safety Unit Port Arthur
or a designated representative. We
SUMMARY:
E:\FR\FM\27AUP1.SGM
27AUP1
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 11, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0614 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jspears on DSK3GMQ082PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
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, extended
on September 5, 2018 (83 FR 45047) and
extended again on January 31, 2019 (84
FR 530) via temporary final rules titled
Safety Zone; Neches River, Beaumont,
TX. The zone is scheduled to expire on
September 30, 2019. Repairs are not yet
completed leaving the bridge structural
columns vulnerable to vessel strikes.
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
VerDate Sep<11>2014
18:02 Aug 26, 2019
Jkt 247001
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.
The Coast Guard is issuing this notice
of proposed rulemaking (NPRM) with a
15-day prior notice and opportunity to
comment pursuant to section (b)(3) of
the Administrative Procedure Act (APA)
(5 U.S.C. 553). This provision authorizes
an agency to publish a rule in less than
30 days before its effective date for
‘‘good cause found and published with
the rule.’’ Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for publishing this NPRM with a
15-day comment period because it is
impractical to provide a 30-day
comment period. This proposed safety
zone is necessary to ensure the safety of
vessels and persons during the marine
events. It is impracticable to publish an
NPRM with a 30-day comment period
because we must establish this safety
zone by September 30, 2019. A 15-day
comment period would allow the Coast
Guard to provide for public notice and
comment, but also update the proposed
regulation soon enough that the length
of the notice and comment period does
not compromise public safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone that 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 would be
authorized to enter the zone, unless
otherwise permitted by the COTP or a
designated representative.
Persons and vessels desiring to enter
the safety zone would have to 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 would 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 would 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
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
44795
portion of the bridge, would be strictly
prohibited. Any contact with the bridge
or associated structures would have to
be immediately reported to VTS Port
Arthur on channels 65A, 13 or 16 VHF–
FM or by telephone at (409) 719–5070.
The Coast Guard would inform the
public of the effective period of this
safety zone through VTS Advisories,
Broadcast Notices to Mariners (BNMs),
Local Notice to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) as appropriate.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 nature of vessel traffic
in the area and the location, and
duration of the safety zone. This rule
would be only affect certain vessels
transiting the upper reaches of the
Neches River in Beaumont, TX, and
would terminate once the necessary
repairs are completed for the bridge.
The Coast Guard would issue a VTS
Advisory concerning the zone, and the
rule allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
E:\FR\FM\27AUP1.SGM
27AUP1
44796
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
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 might be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
jspears on DSK3GMQ082PROD with PROPOSALS
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
VerDate Sep<11>2014
18:02 Aug 26, 2019
Jkt 247001
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a safety zone that would
prohibit entry within 500-feet of either
side of the KCS Bridge that crosses the
Neches River in Beaumont, TX.
Normally such actions are categorically
excluded from further review under
paragraph L60(d) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
preliminary Record of Environmental
Consideration supporting this
determination is included in the docket
with this rule where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 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: 46 U.S.C. 70034, 70051; 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.T08–0614 to read as
follows:
■
§ 165.T08–0614 Safety Zone; Neches
River, Beaumont, TX
(a) Location. The following area is a
safety zone: All navigable waters
extending 500-feet on either side of the
Kansas City Southern Railroad Bridge
that crosses the Neches River in
Beaumont, TX in approximate location
30°04′54.8″ N 094°05′29.4″ W.
(b) Effective period. This section is
effective from 1 a.m. on October 1, 2019
E:\FR\FM\27AUP1.SGM
27AUP1
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
through midnight on January 31, 2020,
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,
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: July 22, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2019–18359 Filed 8–26–19; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
jspears on DSK3GMQ082PROD with PROPOSALS
39 CFR Part 3050
[Docket No. RM2019–11; Order No. 5205]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent filing requesting
SUMMARY:
VerDate Sep<11>2014
18:02 Aug 26, 2019
Jkt 247001
the Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports (Proposal Six). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: September
20, 2019.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposal Six
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On August 20, 2019, the Postal
Service filed a petition pursuant to 39
CFR 3050.11 requesting that the
Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to the
Postal Service’s periodic reports.1 The
Petition identifies the proposed
analytical changes filed in this docket as
Proposal Six.
II. Proposal Six
Background. Proposal Six would
change the methodology for reporting
revenue, pieces and weight for Priority
Mail Express International (PMEI) in the
Postal Service’s Revenue, Pieces and
Weight (RPW) report to improve it by
incorporating additional census data
sources and adjustments at lower levels
of detail.2 In Docket No. RM2016–7, the
Commission accepted the Postal
Service’s proposal to redesign the
methodology for producing RPW
estimates filed quarterly with the
Commission for Outbound First-Class
Mail International, Outbound Priority
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal Six),
August 20, 2019 (Petition). The Postal Service also
filed a notice of filing non-public material relating
to Proposal Six. Notice of Filing of USPS–RM2019–
11/NP1 and Application for Nonpublic Treatment,
August 20, 2019.
2 The RPW system used to develop this report
was detailed in witness Pafford’s testimony (USPS–
T–3) in Docket No. R2006–1. Petition, Proposal Six
at 1.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
44797
Mail International, First-Class Package
International Service, Outbound Direct
Sacks (M-bags), and Free Mail by
harnessing detailed data from improved
census systems.3 Proposal Six seeks to
extend this redesigned methodology to
PMEI. Petition, Proposal Six at 1–2.
The current PMEI process was
designed to provide accurate data at the
national level. Id. at 2. It combines data
from three census systems. Id.
PostalOne! data are used at the national
product level for PMEI permit-imprint
activity where data are split between
Negotiated Service Agreements (NSA)
and non-NSA mailings by product and
price group as recorded on Postage
Statement PS 3700, Parts G and H. Id.
PC Postage data are used at the national
product level for PMEI NSA activity.4
Product Tracking and Reporting (PTR) 5
data are used at the national product
level for PMEI retail activity. Id.
Proposal. The Postal Service states it
‘‘would like to use the proposed census
data enhancements to estimate revenue,
pieces and weight in RPW for PMEI
using the new methodology, which
includes much greater detail below the
national and price-group level.’’ Id. at
2–3.
The proposed reporting process
would extend the use of PostalOne! and
PC Postage census data while adding the
use of Point-of-Sale (POS), Click and
Ship (CNS), Self-Service Kiosk (SSK)
and Contract Postal Unit (CPU) census
data. Id. at 3. Census data sources used
for the proposed PMEI RPW reporting
include POS, CNS, SSK, and CPU
census revenues, pieces and weight that
will be used directly in RPW at the
destination-country and product level.
PC Postage census data would be used
directly in RPW; NSA and non-NSA. All
PC Postage census data would be
reported at the product and destinationcountry level. PostalOne! PMEI permitimprint revenues, pieces and weight
would continue to be used directly in
the RPW. Id.
Rationale and impact. The Postal
Service states, ‘‘[t]he accuracy of
outbound RPW international product
and underlying destination-country
reporting can be substantially improved
using the proposed PMEI RPW reporting
approach.’’ Id. at 3. It states that it will
improve ‘‘the destination-country level
3 See Docket No. RM2016–7, Order Approving
Analytical Principles Used in Periodic Reporting
(Proposal One), July 17, 2016 (Order No. 3377).
4 PC Postage is Postal Service approved thirdparty vendor software that mailers can use to pay
for and print their postage using a computer,
printer, and internet connection. Id.
5 PTR is the database that stores tracking scan
data for all barcoded packages from acceptance to
delivery. Id.
E:\FR\FM\27AUP1.SGM
27AUP1
]]>Agencies
[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Proposed Rules]
[Pages 44794-44797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18359]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0614]
RIN 1625-AA00
Safety Zone; Neches River, Beaumont, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 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 persons, bridge, 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 would be prohibited unless specifically
authorized by the Captain of the Port Marine Safety Unit Port Arthur or
a designated representative. We
[[Page 44795]]
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 11, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0614 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
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, extended on September 5, 2018 (83 FR 45047)
and extended again on January 31, 2019 (84 FR 530) via temporary final
rules titled Safety Zone; Neches River, Beaumont, TX. The zone is
scheduled to expire on September 30, 2019. Repairs are not yet
completed leaving the bridge structural columns vulnerable to vessel
strikes.
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.
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. This proposed safety zone is necessary to ensure the safety of
vessels and persons during the marine events. It is impracticable to
publish an NPRM with a 30-day comment period because we must establish
this safety zone by September 30, 2019. A 15-day comment period would
allow the Coast Guard to provide for public notice and comment, but
also update the proposed regulation soon enough that the length of the
notice and comment period does not compromise public safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone that 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 would be
authorized to enter the zone, unless otherwise permitted by the COTP or
a designated representative.
Persons and vessels desiring to enter the safety zone would have to
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 would 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 would 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, would be strictly prohibited.
Any contact with the bridge or associated structures would have to be
immediately reported to VTS Port Arthur on channels 65A, 13 or 16 VHF-
FM or by telephone at (409) 719-5070.
The Coast Guard would inform the public of the effective period of
this safety zone through VTS Advisories, Broadcast Notices to Mariners
(BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 nature of
vessel traffic in the area and the location, and duration of the safety
zone. This rule would be only affect certain vessels transiting the
upper reaches of the Neches River in Beaumont, TX, and would terminate
once the necessary repairs are completed for the bridge. The Coast
Guard would issue a VTS Advisory concerning the zone, and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not
[[Page 44796]]
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 might be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a safety
zone that would prohibit entry within 500-feet of either side of the
KCS Bridge that crosses the Neches River in Beaumont, TX. Normally such
actions are categorically excluded from further review under paragraph
L60(d) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. A preliminary Record of Environmental
Consideration supporting this determination is included in the docket
with this rule where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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: 46 U.S.C. 70034, 70051; 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.T08-0614 to read as follows:
Sec. 165.T08-0614 Safety Zone; Neches River, Beaumont, TX
(a) Location. The following area is a safety zone: All navigable
waters extending 500-feet on either side of the Kansas City Southern
Railroad Bridge that crosses the Neches River in Beaumont, TX in
approximate location 30[deg]04'54.8'' N 094[deg]05'29.4'' W.
(b) Effective period. This section is effective from 1 a.m. on
October 1, 2019
[[Page 44797]]
through midnight on January 31, 2020, 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, 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: July 22, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2019-18359 Filed 8-26-19; 8:45 am]
BILLING CODE 9110-04-P
