Safety Zone; Neches River, Beaumont, TX

Published date27 September 2019
Record Number2019-20580
SectionRules and Regulations
CourtCoast Guard,Homeland Security Department
Federal Register, Volume 84 Issue 188 (Friday, September 27, 2019)
[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
                [Rules and Regulations]
                [Pages 51031-51033]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-20580]
                [[Page 51031]]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2019-0614]
                RIN 1625-AA00
                Safety Zone; Neches River, Beaumont, TX
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing a temporary safety zone on the
                navigable waters of the Neches River extending 500-feet on either side
                of the Kansas City Southern Railroad Bridge that crosses the Neches
                River in Beaumont, TX. The safety zone is necessary to protect the
                bridge as well as persons and property on or near the bridge from
                potential damage from passing vessels until missing and/or damaged
                fendering systems are repaired or replaced. Entry of certain vessels or
                persons into this zone is prohibited unless specifically authorized by
                the Captain of the Port Marine Safety Unit Port Arthur or a designated
                representative.
                DATES: This rule is effective from October 1, 2019, through January 31,
                2020. ADDRESSES: To view documents mentioned in this preamble as being
                in the docket, go to https://www.regulations.gov, type USCG-2019-0614
                in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder
                on the line associated with this rule.
                FOR FURTHER INFORMATION CONTACT: If you have questions about this
                rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit Port
                Arthur, U.S. Coast Guard; telephone 409-719-5086, email
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                CFR Code of Federal Regulations
                DHS Department of Homeland Security
                FR Federal Register
                NPRM Notice of proposed rulemaking
                Sec. Section
                U.S.C. United States Code
                II. Background, Purpose, and Legal Basis
                 On April 19, 2018, the Coast Guard was notified that the wood
                fendering systems designed to protect bridge support columns of the
                Kansas City Southern Railroad Company's bridge (KSC) from strikes by
                vessels transiting under the bridge had been damaged or destroyed by
                Hurricane Harvey. The south bank column protection fenders are missing
                and the north bank column protection fenders are severely damaged. KCS
                indicated that strikes to the support columns could compromise the
                bridge structure. In response, on May 7, 2018, the Coast Guard
                published a temporary final rule; request for comment titled Safety
                Zone; Neches River, Beaumont, TX (83 FR 19965). During the comment
                period that ended on May 29, 2018, we received no comments. The safety
                zone was established on May 7, 2018, extended on September 5, 2018, (83
                FR 45047) and extended again on January 31, 2019, (84 FR 530) via
                temporary final rule titled Safety Zone; Neches River, Beaumont, TX.
                The zone is scheduled to expire on September 30, 2019. Repairs are not
                yet completed leaving the bridge structural columns vulnerable to
                vessel strikes. The Coast Guard published a notice of proposed
                rulemaking (NPRM) titled ``Safety Zone; Neches River, Beaumont, TX''
                (84 FR 44794). There we stated why we issued the NPRM, and invited
                comments on our proposed regulatory action related to the vulnerable
                bridge. During the comment period that ended on September 11, 2019, we
                received no comments.
                 The Captain of the Port Marine Safety Unit Port Arthur (COTP) has
                determined that potential hazards posed by the unprotected bridge
                columns are a safety concern to the KCS Bridge and to persons and
                property on or near the bridge. The purpose of this rule is to provide
                for the safety of the KCS Bridge and persons and property on or near
                the bridge.
                 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
                exists for making this rule effective less than 30 days after
                publication in the Federal Register. Delaying the effective date of
                this rule would be impracticable and contrary to the public interest
                because immediate action is needed to continue to respond to potential
                safety hazards posed by and to passing vessel traffic and to the
                unprotected bridge columns supporting the KCS Bridge.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority in 46 U.S.C.
                70034 previously 33 U.S.C. 1231. The Captain of the Port Marine Safety
                Unit Port Arthur (COTP) has determined that potential hazards posed by
                the unprotected bridge columns are a safety concern to the KCS Bridge
                and to persons and property on or near the bridge. The purpose of this
                rule is to provide for the safety of the KCS Bridge and persons and
                property on or near the bridge.
                IV. Discussion of Comments, Changes, and the Rule
                 As noted above, we received no comments on our NPRM published
                August 27, 2019. There are no changes in the regulatory text of this
                rule from the proposed rule in the NPRM.
                 This rule establishes a temporary safety zone from October 1, 2019,
                through January 31, 2020, or until missing or damaged fendering systems
                are repaired or replaced, whichever occurs first. The safety zone
                extends 500-feet on either side of the KCS Bridge that crosses the
                Neches River in Beaumont, TX in approximate location 30[deg]04'54.8'' N
                094[deg]05'29.4'' W. The duration of the zone is intended to protect
                the bridge support columns as well as persons and property on or near
                the bridge until the bridge fendering is repaired or replaced. Only
                vessels less than 65 feet in length and not engaged in towing are
                authorized to enter the zone, unless otherwise permitted by the COTP or
                a designated representative to enter the safety zone.
                 Persons and vessels desiring to enter the safety zone must request
                permission from the COTP or a designated representative. They may be
                contacted through Vessel Traffic Service (VTS) on channels 65A or 13
                VHF-FM, or by telephone at (409) 719-5070.
                 Permission to transit through the bridge will be based on weather,
                tide and current conditions, vessel size, horsepower, and availability
                of assist vessels. All persons and vessels permitted to enter this
                temporary safety zone shall comply with the lawful orders or directions
                given to them by COTP or a designated representative.
                 Intentional or unintentional contact with any part of the bridge or
                associated structure, including fendering systems, support columns,
                spans or any other portion of the bridge, is strictly prohibited.
                Report any contact with the bridge or associated structures immediately
                to VTS Port Arthur on channels 65A, 13 or 16 VHF-FM or by telephone at
                (409) 719-5070.
                 The Coast Guard will inform the public through public of the
                effective period of this safety zone through VTS Advisories, Broadcast
                Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or
                Marine Safety Information Bulletins (MSIBs) as appropriate.
                V. Regulatory Analyses
                 We developed this rule after considering numerous statutes and
                Executive orders related to rulemaking.
                [[Page 51032]]
                Below we summarize our analyses based on a number of these statutes and
                Executive orders and we discuss First Amendment rights of protestors.
                A. Regulatory Planning and Review
                 Executive Orders 12866 and 13563 direct agencies to assess the
                costs and benefits of available regulatory alternatives and, if
                regulation is necessary, to select regulatory approaches that maximize
                net benefits. Executive Order 13771 directs agencies to control
                regulatory costs through a budgeting process. This rule has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, this rule has not been reviewed by the Office of
                Management and Budget (OMB), and pursuant to OMB guidance it is exempt
                from the requirements of Executive Order 13771.
                 This regulatory action determination is based on the nature of
                vessel traffic in the area and the location, and duration of the safety
                zone. This rule will only affect certain vessels transiting the upper
                reaches of the Neches River in Beaumont, TX, and will terminate once
                the necessary repairs are completed for the bridge. The Coast Guard
                will issue a VTS Advisory concerning the zone, and the rule allows
                vessels to seek permission to enter the zone.
                B. Impact on Small Entities
                 The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
                amended, requires Federal agencies to consider the potential impact of
                regulations on small entities during rulemaking. The term ``small
                entities'' comprises small businesses, not-for-profit organizations
                that are independently owned and operated and are not dominant in their
                fields, and governmental jurisdictions with populations of less than
                50,000. The Coast Guard received no comments from the Small Business
                Administration on this rulemaking. The Coast Guard certifies under 5
                U.S.C. 605(b) that this rule will not have a significant economic
                impact on a substantial number of small entities.
                 While some owners or operators of vessels intending to transit the
                safety zone might be small entities, for the reasons stated in section
                V.A above, this rule will not have a significant economic impact on any
                vessel owner or operator.
                 Under section 213(a) of the Small Business Regulatory Enforcement
                Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
                entities in understanding this rule. If the rule would affect your
                small business, organization, or governmental jurisdiction and you have
                questions concerning its provisions or options for compliance, please
                contact the person listed in the FOR FURTHER INFORMATION CONTACT
                section.
                 Small businesses may send comments on the actions of Federal
                employees who enforce, or otherwise determine compliance with, Federal
                regulations to the Small Business and Agriculture Regulatory
                Enforcement Ombudsman and the Regional Small Business Regulatory
                Fairness Boards. The Ombudsman evaluates these actions annually and
                rates each agency's responsiveness to small business. If you wish to
                comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
                (1-888-734-3247). The Coast Guard. The Coast Guard will not retaliate
                against small entities that question or complain about this rule or any
                policy or action of the Coast Guard.
                C. Collection of Information
                 This rule will not call for a new collection of information under
                the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
                D. Federalism and Indian Tribal Governments
                 A rule has implications for federalism under Executive Order 13132
                (Federalism), if it has a substantial direct effect on the States, on
                the relationship between the national government and the States, or on
                the distribution of power and responsibilities among the various levels
                of government. We have analyzed this rule under that Order and have
                determined that it is consistent with the fundamental federalism
                principles and preemption requirements described in Executive Order
                13132.
                 Also, this rule does not have tribal implications under Executive
                Order 13175 (Consultation and Coordination with Indian Tribal
                Governments) because it does not have a substantial direct effect on
                one or more Indian tribes, on the relationship between the Federal
                Government and Indian tribes, or on the distribution of power and
                responsibilities between the Federal Government and Indian tribes. If
                you believe this rule has implications for federalism or Indian tribes,
                please contact the person listed in the FOR FURTHER INFORMATION CONTACT
                section.
                E. Unfunded Mandates Reform Act
                 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
                requires Federal agencies to assess the effects of their discretionary
                regulatory actions. In particular, the Act addresses actions that may
                result in the expenditure by a State, local, or tribal government, in
                the aggregate, or by the private sector of $100,000,000 (adjusted for
                inflation) or more in any one year. Though this rule would not result
                in such an expenditure, we do discuss the effects of this rule
                elsewhere in this preamble.
                F. Environment
                 We have analyzed this rule under Department of Homeland Security
                Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
                which guide the Coast Guard in complying with the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
                a preliminary determination that this action is one of a category of
                actions that do not individually or cumulatively have a significant
                effect on the human environment. This rule involves a safety zone that
                will prohibit entry within 500-feet of either side of the KCS Bridge
                that crosses the Neches River in Beaumont, TX. It is categorically
                excluded from further review under paragraph L60(d) in Table 3-1 of
                U.S. Coast Guard Environmental Planning Implementing Procedures. A
                Record of Environmental Consideration supporting this determination is
                included in the docket with this rule where indicated under ADDRESSES.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to contact the person listed in the FOR FURTHER
                INFORMATION CONTACT section to coordinate protest activities so that
                your message can be received without jeopardizing the safety or
                security of people, places, or vessels.
                List of Subjects in 33 CFR Part 165
                 Harbors, Marine safety, Navigation (water), Reporting and
                recordkeeping requirements, Security measures, Waterways.
                 For the reasons discussed in the preamble, the Coast Guard amends
                33 CFR part 165 as follows:
                PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
                0
                1. The authority citation for part 165 continues to read as follows:
                 Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
                6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
                0
                2. Add Sec. 165.T08-0614 to read as follows:
                [[Page 51033]]
                Sec. 165.T08-0614 Safety Zone; Neches River, Beaumont, TX.
                 (a) Location. The following area is a safety zone: All navigable
                waters extending 500-feet on either side of the Kansas City Southern
                Railroad Bridge that crosses the Neches River in Beaumont, TX in
                approximate location 30[deg] 04'54.8''N 094[deg]05'29.4''W.
                 (b) Effective period. This section is effective from 1 a.m. on
                October 1, 2019, through midnight on January 31, 2020, or until missing
                and/or damaged fendering systems are repaired or replaced, whichever
                occurs first.
                 (c) Regulations. (1) No vessel may enter or remain in the safety
                zone except:
                 (i) A vessel less than 65 feet in length and not engaged in towing;
                or
                 (ii) A vessel authorized by the Captain of the Port Marine Safety
                Unit Port Arthur (COTP) or a designated representative.
                 (2) Persons and vessels desiring to enter the safety zone must
                request permission from the COTP or a designated representative. They
                may be contacted through Vessel Traffic Service (VTS) on channels 65A
                or 13 VHF-FM, or by telephone at (409) 719-5070.
                 (3) Permission to transit through the bridge will be based on
                weather, tide and current conditions, vessel size, horsepower, and
                availability of assist vessels. All persons and vessels permitted to
                enter this temporary safety zone shall comply with the lawful orders or
                directions given to them by COTP or a designated representative.
                 (4) Intentional or unintentional contact with any part of the
                bridge or associated structure, including fendering systems, support
                columns, spans or any other portion of the bridge, is strictly
                prohibited. Report any contact with the bridge or associated structures
                immediately to VTS Port Arthur on channels 65A, 13 or 16 VHF-FM or by
                telephone at (409) 719-5070.
                 (d) Informational broadcasts. The Coast Guard will inform the
                public through public of the effective period of this safety zone
                through VTS Advisories, Broadcast Notices to Mariners (BNMs), Local
                Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins
                (MSIBs) as appropriate.
                 Dated: September 18, 2019.
                Jacqueline Twomey,
                Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
                Arthur.
                [FR Doc. 2019-20580 Filed 9-26-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

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