[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]


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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.

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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 http://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 http://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]
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