Safety Zone; Neches River, Beaumont, TX, 2307-2309 [2020-00299]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
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
regulated navigation area that prohibits
loitering, anchoring, stopping, mooring,
remaining, or drifting in any manner
that impedes safe passage of another
vessel to any launching ramp, marina,
or fleeting area. 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.
Dated: January 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2020–00198 Filed 1–14–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
List of Subjects in 33 CFR Part 165
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:
[Docket Number USCG–2019–0614]
RIN 1625–AA00
Safety Zone; Neches River, Beaumont,
TX
ACTION:
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 § 165.823 to read as follows:
§ 165.823 Allegheny River, Monongahela
River, and Ohio River, Pittsburgh,
Pennsylvania; Regulated Navigation Area.
(a) Location. The following is a
regulated navigation area (RNA): The
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16:02 Jan 14, 2020
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
jbell on DSKJLSW7X2PROD with RULES
waters of the Allegheny, Monongahela,
and Ohio Rivers between the Ninth
Street Highway Bridge at mile marker
(MM) 0.8 on the Allegheny River, Fort
Pitt Highway Bridge at MM 0.22 on the
Monongahela River, and West EndNorth Side Highway Bridge at MM 0.8
on the Ohio River.
(b) Applicability. This section applies
to any vessel operating within the RNA,
including a naval or public vessel,
except a vessel engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintaining, or
improving waters within the RNA.
(c) Regulations. (1) No vessel shall
loiter, anchor, stop, moor, remain or
drift at any time more than 100 feet from
any river bank within the RNA without
permission of the Captain of the Port
(COTP), or any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(2) No vessel shall loiter, anchor, stop,
moor, remain or drift in any manner as
to impede safe passage of another vessel
to any launching ramp, marina, or
fleeting area.
The Coast Guard is extending
the duration of a temporary safety zone
on the navigable waters of the Neches
River extending 500-feet on either side
of the Kansas City Southern Railroad
Bridge that crosses the Neches River in
Beaumont, TX. The safety zone is
necessary to protect the bridge as well
as persons and property on or near the
bridge from potential damage from
passing vessels until missing and/or
damaged fendering systems are repaired
or replaced. Entry of certain vessels or
persons into this zone is prohibited
unless specifically authorized by the
SUMMARY:
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2307
Captain of the Port Marine Safety Unit
Port Arthur or a designated
representative.
DATES: This rule is effective from
February 1, 2020, through December 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:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
KCS Kansas City Southern Railroad
Company
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VTS Vessel Traffic Service
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),
extended again on January 31, 2019 (84
FR 530), and extended again on October
1, 2019 (84 FR 51031) via temporary
final rule titled Safety Zone; Neches
River, Beaumont, TX. The zone is
scheduled to expire on January 31,
2020. Repairs are not yet completed
leaving the bridge structural columns
vulnerable to vessel strikes. On August
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
27, 2019, 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.
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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 extends the duration of a
temporary safety zone from February 1,
2020, through December 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
VerDate Sep<11>2014
16:02 Jan 14, 2020
Jkt 250001
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 VTS Advisories,
Broadcast Notices to Mariners (BNMs),
Local Notice to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the nature of vessel traffic
in the area and the location, and
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Fmt 4700
Sfmt 4700
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.
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
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.
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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
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
VerDate Sep<11>2014
16:02 Jan 14, 2020
Jkt 250001
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.
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: December 19, 2019.
Keith Pierre,
Commander, U.S. Coast Guard, Acting
Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2020–00299 Filed 1–14–20; 8:45 am]
■
2. Add § 165.T08–0614 to read as
follows:
BILLING CODE 9110–04–P
§ 165.T08–0614 Safety Zone; Neches
River, Beaumont, TX.
DEPARTMENT OF HOMELAND
SECURITY
(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 on February 1, 2020, through
midnight on December 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
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2309
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0820]
RIN 1625–AA00
Safety Zone; Ohio River, Owensboro,
KY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River,
extending the entire width of the river,
from mile marker (MM) 756.4 to MM
757.4 in Owensboro, KY. This safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by a
fireworks display. Entry into, transiting
through or anchoring within this zone is
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2307-2309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00299]
-----------------------------------------------------------------------
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 extending the duration of a temporary
safety zone on the navigable waters of the Neches River extending 500-
feet on either side of the Kansas City Southern Railroad Bridge that
crosses the Neches River in Beaumont, TX. The safety zone is necessary
to protect the bridge as well as persons and property on or near the
bridge from potential damage from passing vessels until missing and/or
damaged fendering systems are repaired 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 February 1, 2020, through December
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
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
KCS Kansas City Southern Railroad Company
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
VTS Vessel Traffic Service
II. Background, 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), extended again on January 31, 2019 (84 FR 530), and extended
again on October 1, 2019 (84 FR 51031) via temporary final rule titled
Safety Zone; Neches River, Beaumont, TX. The zone is scheduled to
expire on January 31, 2020. Repairs are not yet completed leaving the
bridge structural columns vulnerable to vessel strikes. On August
[[Page 2308]]
27, 2019, 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 extends the duration of a temporary safety zone from
February 1, 2020, through December 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 VTS Advisories,
Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs),
and/or Marine Safety Information Bulletins (MSIBs) as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the 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.
[[Page 2309]]
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:
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 on February 1,
2020, through midnight on December 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: December 19, 2019.
Keith Pierre,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2020-00299 Filed 1-14-20; 8:45 am]
BILLING CODE 9110-04-P
