Safety Zone; San Jacinto River, Channelview, TX, 51975-51977 [2019-21277]
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Rules and Regulations
CFR part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing content which is
covered in the NARA regulation at 36
CFR part 1233, ‘‘Transfer, Use, and
Disposition of Records in a NARA
Federal Records Center,’’ codified on
October 2, 2009 (74 FR 51014), and most
recently updated on March 30, 2018 (83
FR 13655). Part 1233 outlines the
requirement to fill out a Standard Form
180, ‘‘Request Pertaining to Military
Records.’’ NARA’s regulation also
directs military veterans and their next
of kin to its website, which outlines
procedures for requesting copies of
military records held by the Services as
well as NARA (Source: https://
www.archives.gov/veterans/evetrecs).
To the extent that internal Air Force
procedures concerning military records
are necessary, it will continue to be
published in Air Force Instruction 36–
2608, ‘‘Military Personnel Records
System,’’ which was updated on
October 26, 2015, and is available at
https://static.e-publishing.af.mil/
production/1/af_a1/publication/afi362608/afi36-2608.pdf.
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 887
Archives and records, Military
personnel.
PART 887—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 887 is removed.
■
Adriane Paris,
Acting Air Force Federal Register Liaison
Officer.
[FR Doc. 2019–21172 Filed 9–30–19; 8:45 am]
BILLING CODE 5001–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
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[Docket No. USCG–2019–0584]
Special Local Regulation; Clearwater
Super Boat National Championship,
Gulf of Mexico; Clearwater Beach, FL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
VerDate Sep<11>2014
16:58 Sep 30, 2019
Jkt 250001
SUMMARY: The Coast Guard will enforce
special local regulations for the
Clearwater Super Boat National
Championship on September 29, 2019,
to provide for the safety of life on
navigable waterways during this event.
Our regulation for Clearwater Super
Boat National Championship identifies
the regulated area for this event in
Clearwater Beach, FL. During the
enforcement period, no persons or
vessels will be permitted in the Race
Area without permission of the Captain
of the Port St. Petersburg (COTP), unless
they are authorized race participants. If
permission is granted by the COTP, all
persons and vessels receiving such
permission must comply with the
instructions of the COTP or a designated
representative. Also during the
enforcement period all vessels in the
Spectator Area are to be anchored or
operating at a ‘‘no wake speed’’.
The regulations in 33 CFR
100.721 will be enforced from 11:30
a.m. until 4 p.m. on September 29, 2019.
DATES:
If
you have questions about this notice of
enforcement, call or email Marine
Science Technician First Class Michael
Shackleford, Sector St. Petersburg
Prevention Department, U.S. Coast
Guard; telephone (813) 228–2191, email
Michael.D.Shackleford@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce special local
regulations in 33 CFR 100.721 for the
Clearwater Super Boat National
Championship regulated area from
11:30 a.m. to 4 p.m. on September 29,
2019. This action is being taken to
provide for the safety of life on
navigable waterways during this event.
Our regulation for the Clearwater Super
Boat National Championship, § 100.721,
specifies the location of the regulated
area for the event which encompasses
portions of the Gulf of Mexico. During
the enforcement period only authorized
race participants will be permitted to
enter, transit through, anchor in, or
remain in the Race Area. If you are an
authorized operator of a vessel in the
Race Area you must comply with the
instructions of the Captain of the Port or
a designated representative. On-scene
designated representatives will direct
spectator vessels to the Spectator Area
and are to be anchored or operating at
a ‘‘no wake speed’’ during the
enforcement period. Persons or vessels
wishing to obtain authorization to enter
or remain within the regulated areas
may contact the COTP by telephone at
(727) 824–7506 or a designated
representative via VHF radio on channel
16.
SUPPLEMENTARY INFORMATION:
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51975
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Broadcast Notice to Mariners.
Dated: September 16, 2019.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2019–20981 Filed 9–27–19; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2019–0818]
RIN 1625–AA00
Safety Zone; San Jacinto River,
Channelview, TX
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
navigable waters of the San Jacinto
River from the southern end of
Southwest Shipyard, extending north of
the I–10 bridge, just abreast of Buoy #14.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by salvage and over-water bridge
repairs. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Houston-Galveston.
DATES: This rule is effective without
actual notice from October 1, 2019
through December 24, 2019. For the
purposes of enforcement, actual notice
will be used from September 25, 2019,
through October 1, 2019. Comments and
related material must be received before
October 31, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0818 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–
2019–0818 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for Comment’’
portion of the SUPPLEMENTARY
INFORMATION section for further
instructions on submitting comments.
To view documents mentioned in this
E:\FR\FM\01OCR1.SGM
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51976
Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Rules and Regulations
preamble as being available in the
docket, go to https://
www.regulations.gov, type USCG–2019–
0818 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 LCDR Sarah Rousseau, Sector
Houston-Galveston Waterways
Management Division, U.S. Coast
Guard; telephone 281–464–4736, email
Sarah.K.Rousseau@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
jbell on DSK3GLQ082PROD with RULES
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 it is
impracticable and contrary to the public
interest. We must establish this safety
zone immediately in order to ensure the
safety of the public and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with salvage and over-water
bridge repairs of the I–10 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 Houston-Galveston
(COTP) has determined that potential
hazards associated with salvage and
over-water bridge repairs that began on
VerDate Sep<11>2014
16:58 Sep 30, 2019
Jkt 250001
September 19, 2019, are a safety concern
for vessel traffic transiting the navigable
waterway of the San Jacinto River from
the southern end of Southwest
Shipyard, extending north of the I–10
bridge, just abreast of Buoy #14. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone from potential hazardous from
salvage and over-water bridge repairs.
IV. Discussion of the Rule
This rule establishes a safety zone
from September 25, 2019, through
December 24, 2019. The safety zone will
cover the navigable waters of the San
Jacinto River from the southern end of
Southwest Shipyard, extending north of
the I–10 bridge, just abreast of Buoy #14.
The duration of the zone is intended to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone from
potential hazardous from salvage and
over-water bridge repairs. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
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, duration,
and time-of-day of the safety zone. This
rule will impact a small designated area
of the San Jacinto River in order to
support salvage and over-water bridge
repairs from September 25, 2019
through December 24, 2019. Moreover,
the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM marine channels 13 and 16 about
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Fmt 4700
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the zone, and the rule would allow
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 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 call or email 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
E:\FR\FM\01OCR1.SGM
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Rules and Regulations
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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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 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
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 to the
navigable waters of the San Jacinto
River from the southern end of
Southwest Shipyard, extending north of
the I–10 bridge, just abreast of Buoy #14,
without prior approval from Coast
Guard Sector Houston-Galveston COTP.
It is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
VerDate Sep<11>2014
16:58 Sep 30, 2019
Jkt 250001
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 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.
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.T08–0818 to read as
follows:
■
§ 165.T08–0818 Safety Zone; San Jacinto
River, Channelview, TX.
(a) Location. The following area is a
safety zone: The navigable waters of the
San Jacinto River from the southern end
of Southwest Shipyard, extending north
of the I–10 bridge, just abreast of Buoy
#14, in Channelview, TX in
approximate location 29°47′33.5″ N,
095°03′41.2″ W.
(b) Enforcement period. This section
will be enforced from September 25,
2019, through December 24, 2019, or
until all hazardous conditions
associated with salvage and over-water
bridge repairs have been mitigated.
(c) Regulations. (1) Transit of the
safety zone is open to limited traffic
with the following restrictions:
(i) Only light boats and single barge
tows may transit.
(ii) Transit only during daylight hours
(sunrise to sunset).
(iii) There shall be no meeting or
overtaking.
(iv) All vessels must check in and out
with Vessel Traffic Service Houston/
Galveston at least 15 minutes prior to
entering the safety zone.
(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
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51977
(VTS) on channels 13 or 16 VHF–FM, or
by telephone at (281) 464–4837.
(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 Houston/Galveston
on channels 13 or 16 VHF–FM or by
telephone at (281) 464–4837.
(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 25, 2019.
Richard E. Howes,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Houston-Galveston.
[FR Doc. 2019–21277 Filed 9–30–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 42
[Docket No.: PTO–P–2017–0034]
RIN 0651–AD25
Eliminating Unnecessary Regulations
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (USPTO or Office)
hereby amends the Rules of Practice in
Patent Cases and Trial Practice Before
the Patent Trial and Appeal Board
(PTAB) by removing provisions in the
Code of Federal Regulations that are no
longer necessary. This final rule
removes the rules governing reservation
clauses, petitions from the refusal of a
primary examiner to admit an
amendment, the publication of
amendments to the regulations, and
limits that the Director can impose on
the number of inter partes reviews and
E:\FR\FM\01OCR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51975-51977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21277]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2019-0818]
RIN 1625-AA00
Safety Zone; San Jacinto River, Channelview, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the San Jacinto River from the southern end of
Southwest Shipyard, extending north of the I-10 bridge, just abreast of
Buoy #14. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by salvage and
over-water bridge repairs. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Houston-Galveston.
DATES: This rule is effective without actual notice from October 1,
2019 through December 24, 2019. For the purposes of enforcement, actual
notice will be used from September 25, 2019, through October 1, 2019.
Comments and related material must be received before October 31, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0818 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-2019-0818 using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
Participation and Request for Comment'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments. To
view documents mentioned in this
[[Page 51976]]
preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2019-0818 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 LCDR Sarah Rousseau, Sector Houston-Galveston Waterways
Management Division, U.S. Coast Guard; telephone 281-464-4736, 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 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 it is impracticable and contrary to
the public interest. We must establish this safety zone immediately in
order to ensure the safety of the public and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with salvage and over-water bridge repairs of the I-
10 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 Houston-
Galveston (COTP) has determined that potential hazards associated with
salvage and over-water bridge repairs that began on September 19, 2019,
are a safety concern for vessel traffic transiting the navigable
waterway of the San Jacinto River from the southern end of Southwest
Shipyard, extending north of the I-10 bridge, just abreast of Buoy #14.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone from
potential hazardous from salvage and over-water bridge repairs.
IV. Discussion of the Rule
This rule establishes a safety zone from September 25, 2019,
through December 24, 2019. The safety zone will cover the navigable
waters of the San Jacinto River from the southern end of Southwest
Shipyard, extending north of the I-10 bridge, just abreast of Buoy #14.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
from potential hazardous from salvage and over-water bridge repairs. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
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, duration, and time-of-day of the safety zone. This rule will
impact a small designated area of the San Jacinto River in order to
support salvage and over-water bridge repairs from September 25, 2019
through December 24, 2019. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channels 13 and 16 about
the zone, and the rule would allow 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 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
call or email 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
[[Page 51977]]
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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 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
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
to the navigable waters of the San Jacinto River from the southern end
of Southwest Shipyard, extending north of the I-10 bridge, just abreast
of Buoy #14, without prior approval from Coast Guard Sector Houston-
Galveston COTP. It is categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. 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 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.
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.T08-0818 to read as follows:
Sec. 165.T08-0818 Safety Zone; San Jacinto River, Channelview, TX.
(a) Location. The following area is a safety zone: The navigable
waters of the San Jacinto River from the southern end of Southwest
Shipyard, extending north of the I-10 bridge, just abreast of Buoy #14,
in Channelview, TX in approximate location 29[deg]47'33.5'' N,
095[deg]03'41.2'' W.
(b) Enforcement period. This section will be enforced from
September 25, 2019, through December 24, 2019, or until all hazardous
conditions associated with salvage and over-water bridge repairs have
been mitigated.
(c) Regulations. (1) Transit of the safety zone is open to limited
traffic with the following restrictions:
(i) Only light boats and single barge tows may transit.
(ii) Transit only during daylight hours (sunrise to sunset).
(iii) There shall be no meeting or overtaking.
(iv) All vessels must check in and out with Vessel Traffic Service
Houston/Galveston at least 15 minutes prior to entering the safety
zone.
(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 13 or
16 VHF-FM, or by telephone at (281) 464-4837.
(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 Houston/Galveston on channels 13 or 16 VHF-FM or by
telephone at (281) 464-4837.
(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 25, 2019.
Richard E. Howes,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2019-21277 Filed 9-30-19; 8:45 am]
BILLING CODE 9110-04-P
