Safety Zone; Neches River, Beaumont, TX, 51031-51033 [2019-20580]
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0614]
RIN 1625–AA00
Safety Zone; Neches River, Beaumont,
TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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
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.
SUMMARY:
This rule is effective from
October 1, 2019, through January 31,
2020. ADDRESSES: To view documents
mentioned in this preamble as being in
the docket, go to https://
www.regulations.gov, type USCG–2019–
0614 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 about this
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:
DATES:
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
III. Legal Authority and Need for Rule
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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
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16:06 Sep 26, 2019
Jkt 247001
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 rule
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 Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Neches River,
Beaumont, TX’’ (84 FR 44794). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to the
vulnerable bridge. During the comment
period that ended on September 11,
2019, we received no comments.
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.
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.
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
previously 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
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51031
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 NPRM published
August 27, 2019. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a temporary
safety zone from October 1, 2019,
through January 31, 2020, or until
missing 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
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.
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51032
Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
jbell on DSK3GLQ082PROD with RULES
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 nature of vessel traffic
in the area and the 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, and will terminate
once the necessary repairs are
completed for the bridge. The Coast
Guard will issue a VTS Advisory
concerning the zone, and the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone might 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,
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16:06 Sep 26, 2019
Jkt 247001
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. 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
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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
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 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 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)
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A Record of Environmental
Consideration supporting this
determination is included in the docket
with this rule where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 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:
■
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations
§ 165.T08–0614 Safety Zone; Neches
River, Beaumont, TX.
ENVIRONMENTAL PROTECTION
AGENCY
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(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,
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: September 18, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2019–20580 Filed 9–26–19; 8:45 am]
BILLING CODE 9110–04–P
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16:06 Sep 26, 2019
Jkt 247001
[EPA–R06–OAR–2015–0189; FRL–9998–66–
Region 6]
Approval and Promulgation of
Implementation Plans; Arkansas;
Approval of Regional Haze State
Implementation Plan Revision for
Electric Generating Units in Arkansas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is finalizing an approval of a portion of
a revision to the Arkansas State
Implementation Plan (SIP) submitted by
the State of Arkansas through the
Arkansas Department of Environmental
Quality (ADEQ) that addresses certain
requirements of the CAA and the EPA’s
regional haze rules for the protection of
visibility in mandatory Class I Federal
areas (Class I areas) for the first
implementation period. The EPA is
taking final action to approve, among
other things, the state’s sulfur dioxide
(SO2) and particulate matter (PM) best
available retrofit technology (BART)
determinations for electric generating
units (EGUs) in Arkansas and the
determination that no additional SO2
and PM controls at any Arkansas
sources are necessary under reasonable
progress. In conjunction with this final
approval of a portion of the SIP revision,
we are finalizing in a separate
rulemaking, published elsewhere in this
issue of the Federal Register, our
withdrawal of the corresponding
Federal implementation plan (FIP)
provisions established in a prior action
to address regional haze requirements
for Arkansas.
DATES: This rule is effective on October
28, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R06–OAR–2015–0189. All
documents in the dockets are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
SUMMARY:
Frm 00029
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the EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270–2102.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
PO 00000
51033
Sfmt 4700
Dayana Medina, 214–665–7241,
medina.dayana@epa.gov, EPA Region 6,
1201 Elm Street, Suite 500, Dallas,
Texas 75270–2102.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Table of Contents
I. Background
A. The Regional Haze Program
B. Our Previous Actions
II. Summary of Final Action
III. Response to Comments
A. White Bluff SO2 BART for White Bluff
B. Reasonable Progress
C. Clean Air Act Section 110(l)
D. Modeling
E. Legal
F. General
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. The Regional Haze Program
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities that are located
across a broad geographic area and emit
fine particulates (PM2.5) (e.g., sulfates,
nitrates, organic carbon (OC), elemental
carbon (EC), and soil dust), and their
precursors (e.g., SO2, nitrogen oxides
(NOX), and in some cases, ammonia
(NH3) and volatile organic compounds
(VOCs)). Fine particle precursors react
in the atmosphere to form PM2.5, which
impairs visibility by scattering and
absorbing light. Visibility impairment
reduces the clarity, color, and visible
distance that can be seen. PM2.5 can also
cause serious adverse health effects and
mortality in humans; it also contributes
to environmental effects such as acid
deposition and eutrophication.
Data from the existing visibility
monitoring network, the ‘‘Interagency
Monitoring of Protected Visual
Environments’’ (IMPROVE), shows that
visibility impairment caused by air
pollution occurs virtually all of the time
at most national parks and wilderness
areas. In 1999, the average visual range 1
in many Class I areas (i.e., national
parks and memorial parks, wilderness
areas, and international parks meeting
certain size criteria) in the western
United States was 100–150 kilometers,
or about one-half to two-thirds of the
visual range that would exist under
1 Visual range is the greatest distance, in
kilometers or miles, at which a dark object can be
viewed against the sky.
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]]>Agencies
[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Rules and Regulations]
[Pages 51031-51033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20580]
[[Page 51031]]
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 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 October 1, 2019, through January 31,
2020. ADDRESSES: To view documents mentioned in this preamble as being
in the docket, go to https://www.regulations.gov, type USCG-2019-0614
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 about this
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 rule 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 Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Neches River, Beaumont, TX''
(84 FR 44794). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to the vulnerable
bridge. During the comment period that ended on September 11, 2019, we
received no comments.
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.
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 46 U.S.C.
70034 previously 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 NPRM published
August 27, 2019. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone from October 1, 2019,
through January 31, 2020, or until missing 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.
[[Page 51032]]
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 nature of
vessel traffic in the area and the 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, and will terminate once
the necessary repairs are completed for the bridge. The Coast Guard
will issue a VTS Advisory concerning the zone, and the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone might 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. 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 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 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 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) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures. A
Record of Environmental Consideration supporting this determination is
included in the docket with this rule 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: 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:
[[Page 51033]]
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, 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: September 18, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2019-20580 Filed 9-26-19; 8:45 am]
BILLING CODE 9110-04-P
