Safety Zone; San Jacinto River, Channelview, TX
| Citation | 84 FR 51975 |
| Record Number | 2019-21277 |
| Published date | 01 October 2019 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 190 (Tuesday, October 1, 2019)
[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]
BILLING CODE 9110-04-P
