[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.
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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]
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