83_FR_20053 83 FR 19965 - Safety Zone; Neches River, Beaumont, TX

83 FR 19965 - Safety Zone; Neches River, Beaumont, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 88 (May 7, 2018)

Page Range19965-19968
FR Document2018-09667

The Coast Guard is establishing a temporary safety zone on 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. We invite your comments on this rule.

Federal Register, Volume 83 Issue 88 (Monday, May 7, 2018)
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Rules and Regulations]
[Pages 19965-19968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09667]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0376]
RIN 1625-AA00


Safety Zone; Neches River, Beaumont, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
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. We invite your comments on this rule.

DATES: This rule is effective without actual notice from May 7, 2018 
through midnight on August 31, 2018. For the purposes of enforcement, 
actual notice will be used from May 1, 2018 through May 7, 2018. 
Comments and related material must be received before May 29, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0376 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 preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0376 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 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

[[Page 19966]]

II. Background Information and Regulatory History

    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.
    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)(3)(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. The 
fendering systems protecting the bridge from strikes by passing marine 
traffic are missing or severely damaged and we must establish this 
safety zone immediately to protect the bridge and those persons that 
use the bridge. The Coast Guard is providing an opportunity to comment 
while the rule is in effect and may amend the rule after it becomes 
effective, if necessary.
    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 potential safety 
hazards posed by and to passing vessel traffic by 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 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 the Rule

    This rule establishes a safety zone from 1 p.m. on May 1, 2018 
through midnight on August 31, 2018 until missing and/or damaged 
fendering systems are repaired or replaced, whichever occurs first. The 
safety zone will extend 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 are permitted to enter the 
safety zone.
    Persons and vessels not permitted 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. 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 as 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 
and duration of the safety zone. This rule will only affect certain 
vessels transiting the upper reaches of the Neches River in Beaumont, 
TX. 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 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 
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

[[Page 19967]]

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 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 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 Commandant Instruction M16475.1D, 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 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) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. The Coast Guard may amend this temporary final rule if we 
receive comments from the public that indicate that a change is 
warranted. If you submit a comment, please include the docket number 
for this rulemaking, indicate the specific section of this document to 
which each comment applies, and provide a reason for each suggestion.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this temporary final rule as being available 
in the docket, and all public comments, will be in our online docket at 
http://www.regulations.gov and can be viewed by following that 
website's instructions. Additionally, if you go to the online docket 
and sign up for email alerts, you will be notified when comments are 
posted.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-0376 to read as follows:


Sec.  165.T08-0376  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 p.m. on May 
1, 2018 through midnight on August 31, 2018 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 not permitted 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

[[Page 19968]]

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 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: May 1, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2018-09667 Filed 5-4-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations                                           19965

                                             units under the operational control of                  FOR FURTHER INFORMATION CONTACT:    If                      Temporary final rule; request for
                                                                                                                                                           ACTION:
                                             USCG Sector Ohio Valley.                                you have questions on this notice of                  comments.
                                                (2) Vessels requiring entry into this                enforcement, call or email marine event
                                             safety zone must request permission                     coordinator, MSTC K. Carpino,                         SUMMARY:   The Coast Guard is
                                             from the COTP or a designated                           Prevention Department, Coast Guard                    establishing a temporary safety zone on
                                             representative. To seek entry into the                  Sector Lake Michigan, Milwaukee, WI;                  navigable waters of the Neches River
                                             safety zone, contact the COTP or the                    telephone (414) 747–7148, email D09–                  extending 500-feet on either side of the
                                             COTP’s representative by telephone at                   SMB–SECLakeMichigan-WWM@                              Kansas City Southern Railroad Bridge
                                             502–779–5422 or on VHF–FM channel                       uscg.mil.                                             that crosses the Neches River in
                                             16.                                                     SUPPLEMENTARY INFORMATION:      The Coast             Beaumont, TX. The safety zone is
                                                (3) Persons and vessels permitted to                                                                       necessary to protect the bridge as well
                                                                                                     Guard will enforce the Marinette
                                             enter this safety zone must transit at                                                                        as persons and property on or near the
                                                                                                     Logging and Heritage Festival Fireworks
                                             their slowest safe speed and comply                                                                           bridge from potential damage from
                                                                                                     safety zone listed as item (e)(50) in
                                             with all lawful directions issued by the                                                                      passing vessels until missing and/or
                                                                                                     Table 165.929 of 33 CFR 165.929 from
                                             COTP or the designated representative.                                                                        damaged fendering systems are repaired
                                                                                                     9 p.m. through 11 p.m. on July 14, 2018
                                                (d) Information broadcasts. The COTP                                                                       or replaced. Entry of certain vessels or
                                                                                                     on all waters of the Menominee River,
                                             or a designated representative will                                                                           persons into this zone is prohibited
                                                                                                     in the vicinity of Stephenson Island,
                                             inform the public of the enforcement                                                                          unless specifically authorized by the
                                                                                                     within the arc of a circle with a 900-foot
                                             times and dates for this safety zone                                                                          Captain of the Port Marine Safety Unit
                                                                                                     radius from the fireworks launch site in
                                             through Broadcast Notices to Mariners                                                                         Port Arthur or a designated
                                                                                                     position 45°06.232′ N, 087°37.757′ W
                                             (BNMs), Local Notices to Mariners                                                                             representative. We invite your
                                                                                                     (NAD 83). Entry into, transiting, or
                                             (LNMs), and/or Marine Safety                                                                                  comments on this rule.
                                                                                                     anchoring within the safety zone is
                                             Information Broadcasts (MSIBs), as
                                                                                                     prohibited unless authorized by the                   DATES:  This rule is effective without
                                             appropriate.
                                                                                                     Captain of the Port Lake Michigan or a                actual notice from May 7, 2018 through
                                               Dated: May 2, 2018.                                   designated on-scene representative.                   midnight on August 31, 2018. For the
                                             M.B. Zamperini,                                           This notice of enforcement is issued                purposes of enforcement, actual notice
                                             Captain, U.S. Coast Guard, Captain of the               under authority of 33 CFR 165.929,                    will be used from May 1, 2018 through
                                             Port Sector Ohio Valley.                                Safety Zones; Annual events requiring                 May 7, 2018. Comments and related
                                             [FR Doc. 2018–09662 Filed 5–4–18; 8:45 am]              safety zones in the Captain of the Port               material must be received before May
                                             BILLING CODE 9110–04–P                                  Lake Michigan zone, and 5 U.S.C.                      29, 2018.
                                                                                                     552(a). In addition to this publication in
                                                                                                     the Federal Register, the Coast Guard                 ADDRESSES:   You may submit comments
                                             DEPARTMENT OF HOMELAND                                  plans to provide the maritime                         identified by docket number USCG–
                                             SECURITY                                                community with advance notification                   2018–0376 using the Federal
                                                                                                     for the enforcement of this safety zone               eRulemaking Portal at http://
                                             Coast Guard                                             via Broadcast Notice to Mariners or                   www.regulations.gov. See the ‘‘Public
                                                                                                     Local Notice to Mariners. The Captain of              Participation and Request for Comment’’
                                             33 CFR Part 165                                         the Port Lake Michigan or a designated                portion of the SUPPLEMENTARY
                                                                                                     representative will inform the public                 INFORMATION section for further
                                             [Docket No. USCG–2018–0363]
                                                                                                     through a Broadcast Notice to Mariners                instructions on submitting comments.
                                             Safety Zone; Annual Events Requiring                    of any changes in the planned schedule.               To view documents mentioned in this
                                             Safety Zones in the Captain of the Port                 The Captain of the Port Lake Michigan                 preamble as being available in the
                                             Lake Michigan Zone—Marinette                            or a representative may be contacted via              docket, go to http://
                                             Logging and Heritage Fest                               Channel 16, VHF–FM., or via telephone                 www.regulations.gov, type USCG–2018–
                                                                                                     (414) 747–7182                                        0376 in the ‘‘SEARCH’’ box and click
                                             AGENCY:  Coast Guard, DHS.                                                                                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                       Dated: April 19, 2018.
                                             ACTION: Notice of enforcement of                                                                              Folder on the line associated with this
                                             regulation.                                             Thomas J. Stuhlreyer,                                 rule.
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             SUMMARY:   The Coast Guard will enforce                 Port, Lake Michigan.                                  FOR FURTHER INFORMATION CONTACT:     If
                                             the safety zone for the Marinette                       [FR Doc. 2018–09663 Filed 5–4–18; 8:45 am]            you have questions on this rule, call or
                                             Logging and Heritage Festival Fireworks                 BILLING CODE 9110–04–P
                                                                                                                                                           email Mr. Scott Whalen, Marine Safety
                                             on the Menomonee River in Marinette,                                                                          Unit Port Arthur, U.S. Coast Guard;
                                             WI from 9 p.m. through 11 p.m. on July                                                                        telephone 409–719–5086, email
                                             14, 2018. This action is necessary and                  DEPARTMENT OF HOMELAND                                Scott.K.Whalen@uscg.mil.
                                             intended to ensure safety of life on                    SECURITY                                              SUPPLEMENTARY INFORMATION:
                                             navigable waters immediately prior to,
                                             during, and after the fireworks display.                Coast Guard                                           I. Table of Abbreviations
                                             During the enforcement period, entry                                                                          CFR Code of Federal Regulations
                                             into, transiting, or anchoring within the               33 CFR Part 165                                       COTP Captain of the Port Marine Safety
                                             safety zone is prohibited unless                                                                                Unit Port Arthur
                                             authorized by the Captain of the Port                   [Docket Number USCG–2018–0376]                        DHS Department of Homeland Security
daltland on DSKBBV9HB2PROD with RULES




                                             Lake Michigan or a designated                                                                                 FR Federal Register
                                             representative.                                         RIN 1625–AA00                                         KCS Kansas City Southern Railroad
                                                                                                                                                             Company
                                             DATES:  The regulations in 33 CFR                       Safety Zone; Neches River, Beaumont,                  NPRM Notice of proposed rulemaking
                                             165.929 will be enforced for safety zone                TX                                                    § Section
                                             (e)(50), Table 165.929, from 9 p.m.                                                                           U.S.C. United States Code
                                             through 11 p.m. on July 14, 2018.                       AGENCY:    Coast Guard, DHS.                          VTS Vessel Traffic Service



                                        VerDate Sep<11>2014   16:29 May 04, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4700   Sfmt 4700   E:\FR\FM\07MYR1.SGM   07MYR1


                                             19966                Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations

                                             II. Background Information and                          IV. Discussion of the Rule                            benefits of available regulatory
                                             Regulatory History                                         This rule establishes a safety zone                alternatives and, if regulation is
                                                On April 19, 2018, the Coast Guard                   from 1 p.m. on May 1, 2018 through                    necessary, to select regulatory
                                             was notified that the wood fendering                    midnight on August 31, 2018 until                     approaches that maximize net benefits.
                                             systems designed to protect bridge                      missing and/or damaged fendering                      Executive Order 13771 directs agencies
                                             support columns of the Kansas City                                                                            to control regulatory costs through a
                                                                                                     systems are repaired or replaced,
                                             Southern Railroad Company’s bridge                                                                            budgeting process. This rule has not
                                                                                                     whichever occurs first. The safety zone
                                                                                                                                                           been designated as a ‘‘significant
                                             (KSC) from strikes by vessels transiting                will extend 500-feet on either side of the
                                                                                                                                                           regulatory action,’’ under Executive
                                             under the bridge had been damaged or                    KCS Bridge that crosses the Neches
                                                                                                                                                           Order 12866. Accordingly, this rule has
                                             destroyed by Hurricane Harvey. The                      River in Beaumont, TX in approximate
                                                                                                                                                           not been reviewed by the Office of
                                             south bank column protection fenders                    location 30° 04′54.8″ N 094°05′29.4″ W.
                                                                                                                                                           Management and Budget (OMB), and
                                             are missing and the north bank column                   The duration of the zone is intended to
                                                                                                                                                           pursuant to OMB guidance it is exempt
                                             protection fenders are severely                         protect the bridge support columns as
                                                                                                                                                           from the requirements of Executive
                                             damaged. KCS indicated that strikes to                  well as persons and property on or near
                                                                                                                                                           Order 13771.
                                             the support columns could compromise                    the bridge until the bridge fendering is                 This regulatory action determination
                                             the bridge structure.                                   repaired or replaced. Only vessels less               is based on the size, location and
                                                The Coast Guard is issuing this                      than 65 feet in length and not engaged                duration of the safety zone. This rule
                                             temporary rule without prior notice and                 in towing are authorized to enter the                 will only affect certain vessels transiting
                                             opportunity to comment pursuant to                      zone, unless otherwise permitted by the               the upper reaches of the Neches River
                                             authority under section 4(a) of the                     COTP or a designated representative are               in Beaumont, TX. The Coast Guard will
                                             Administrative Procedure Act (APA) (5                   permitted to enter the safety zone.                   issue a VTS Advisory concerning the
                                             U.S.C. 553(b)). This provision                             Persons and vessels not permitted to               zone, and the rule allows vessels to seek
                                             authorizes an agency to issue a rule                    enter the safety zone must request                    permission to enter the zone.
                                             without prior notice and opportunity to                 permission from the COTP or a
                                             comment when the agency for good                        designated representative. They may be                B. Impact on Small Entities
                                             cause finds that those procedures are                   contacted through Vessel Traffic Service                 The Regulatory Flexibility Act of
                                             ‘‘impracticable, unnecessary, or contrary               (VTS) on channels 65A or 13 VHF–FM,                   1980, 5 U.S.C. 601–612, as amended,
                                             to the public interest.’’ Under 5 U.S.C.                or by telephone at (409) 719–5070.                    requires Federal agencies to consider
                                             553(b)(3)(B), the Coast Guard finds that                   Permission to transit through the                  the potential impact of regulations on
                                             good cause exists for not publishing a                  bridge will be based on weather, tide                 small entities during rulemaking. The
                                             notice of proposed rulemaking (NPRM)                    and current conditions, vessel size,                  term ‘‘small entities’’ comprises small
                                             with respect to this rule because it is                 horsepower, and availability of assist                businesses, not-for-profit organizations
                                             impracticable. The fendering systems                    vessels. All persons and vessels                      that are independently owned and
                                             protecting the bridge from strikes by                   permitted to enter this temporary safety              operated and are not dominant in their
                                             passing marine traffic are missing or                   zone shall comply with the lawful                     fields, and governmental jurisdictions
                                             severely damaged and we must establish                  orders or directions given to them by                 with populations of less than 50,000.
                                             this safety zone immediately to protect                 COTP or a designated representative.                  The Coast Guard certifies under 5 U.S.C.
                                             the bridge and those persons that use                      Intentional or unintentional contact               605(b) that this rule will not have a
                                             the bridge. The Coast Guard is providing                with any part of the bridge or associated             significant economic impact on a
                                             an opportunity to comment while the                     structure, including fendering systems,               substantial number of small entities.
                                             rule is in effect and may amend the rule                support columns, spans or any other                      While some owners or operators of
                                             after it becomes effective, if necessary.               portion of the bridge, is strictly                    vessels intending to transit the safety
                                                Under 5 U.S.C. 553(d)(3), the Coast                  prohibited. Report any contact with the               zone may be small entities, for the
                                             Guard finds that good cause exists for                  bridge or associated structures                       reasons stated in section V.A above, this
                                             making this rule effective less than 30                 immediately to VTS Port Arthur on                     rule will not have a significant
                                             days after publication in the Federal                   channels 65A, 13 or 16 VHF–FM or by                   economic impact on any vessel owner
                                             Register. Delaying the effective date of                telephone at (409) 719–5070.                          or operator.
                                             this rule would be impracticable and                       The Coast Guard will inform the                       Under section 213(a) of the Small
                                             contrary to the public interest because                 public through public of the effective                Business Regulatory Enforcement
                                             immediate action is needed to respond                   period of this safety zone through VTS                Fairness Act of 1996 (Pub. L. 104–121),
                                             to potential safety hazards posed by and                Advisories, Broadcast Notices to                      we want to assist small entities in
                                             to passing vessel traffic by and to the                 Mariners (BNMs), Local Notice to                      understanding this rule. If the rule
                                             unprotected bridge columns supporting                   Mariners (LNMs), and/or Marine Safety                 would affect your small business,
                                             the KCS Bridge.                                         Information Bulletins (MSIBs) as                      organization, or governmental
                                                                                                     appropriate.                                          jurisdiction and you have questions
                                             III. Legal Authority and Need for Rule
                                                                                                                                                           concerning its provisions or options for
                                               The Coast Guard is issuing this rule                  V. Regulatory Analyses                                compliance, please contact the person
                                             under authority in 33 U.S.C. 1231. The                    We developed this rule after                        listed in the FOR FURTHER INFORMATION
                                             Captain of the Port Marine Safety Unit                  considering numerous statutes and                     CONTACT section.
                                             Port Arthur (COTP) has determined that                  Executive orders related to rulemaking.                  Small businesses may send comments
                                             potential hazards posed by the                          Below we summarize our analyses                       on the actions of Federal employees
                                             unprotected bridge columns are a safety                                                                       who enforce, or otherwise determine
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                                                                                                     based on a number of these statutes and
                                             concern to the KCS Bridge and to                        Executive orders, and we discuss First                compliance with, Federal regulations to
                                             persons and property on or near the                     Amendment rights of protestors.                       the Small Business and Agriculture
                                             bridge. The purpose of this rule is to                                                                        Regulatory Enforcement Ombudsman
                                             provide for the safety of the KCS Bridge                A. Regulatory Planning and Review                     and the Regional Small Business
                                             and persons and property on or near the                   Executive Orders 12866 and 13563                    Regulatory Fairness Boards. The
                                             bridge.                                                 direct agencies to assess the costs and               Ombudsman evaluates these actions


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                                                                  Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations                                            19967

                                             annually and rates each agency’s                        National Environmental Policy Act of                  Additionally, if you go to the online
                                             responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 docket and sign up for email alerts, you
                                             wish to comment on actions by                           determined that this action is one of a               will be notified when comments are
                                             employees of the Coast Guard, call 1–                   category of actions that do not                       posted.
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a
                                                                                                                                                           List of Subjects in 33 CFR Part 165
                                             Coast Guard will not retaliate against                  significant effect on the human
                                             small entities that question or complain                environment. This rule involves a safety                Harbors, Marine safety, Navigation
                                             about this rule or any policy or action                 zone that will prohibit entry within 500-             (water), Reporting and recordkeeping
                                             of the Coast Guard.                                     feet of either side of the KCS Bridge that            requirements, Security measures,
                                                                                                     crosses the Neches River in Beaumont,                 Waterways.
                                             C. Collection of Information                            TX. It is categorically excluded from                   For the reasons discussed in the
                                               This rule will not call for a new                     further review under paragraph L60(d)                 preamble, the Coast Guard amends 33
                                             collection of information under the                     of Appendix A, Table 1 of DHS                         CFR part 165 as follows:
                                             Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,
                                             U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                    PART 165—REGULATED NAVIGATION
                                                                                                     Consideration supporting this                         AREAS AND LIMITED ACCESS AREAS
                                             D. Federalism and Indian Tribal
                                                                                                     determination is available in the docket
                                             Governments                                                                                                   ■ 1. The authority citation for part 165
                                                                                                     where indicated under ADDRESSES.
                                                A rule has implications for federalism                                                                     continues to read as follows:
                                             under Executive Order 13132,                            G. Protest Activities
                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Federalism, if it has a substantial direct                The Coast Guard respects the First                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             effect on the States, on the relationship               Amendment rights of protesters.                       Department of Homeland Security Delegation
                                             between the national government and                     Protesters are asked to contact the                   No. 0170.1.
                                             the States, or on the distribution of                   person listed in the FOR FURTHER                      ■ 2. Add § 165.T08–0376 to read as
                                             power and responsibilities among the                    INFORMATION CONTACT section to                        follows:
                                             various levels of government. We have                   coordinate protest activities so that your
                                             analyzed this rule under that Order and                 message can be received without                       § 165.T08–0376 Safety Zone; Neches
                                             have determined that it is consistent                   jeopardizing the safety or security of                River, Beaumont, TX.
                                             with the fundamental federalism                         people, places or vessels.                              (a) Location. The following area is a
                                             principles and preemption requirements                                                                        safety zone: all navigable waters
                                                                                                     VI. Public Participation and Request for              extending 500-feet on either side of the
                                             described in Executive Order 13132.
                                                Also, this rule does not have tribal                 Comments                                              Kansas City Southern Railroad Bridge
                                             implications under Executive Order                        We view public participation as                     that crosses the Neches River in
                                             13175, Consultation and Coordination                    essential to effective rulemaking, and                Beaumont, TX in approximate location
                                             with Indian Tribal Governments,                         will consider all comments and material               30°04′54.8″ N 094°05′29.4″ W.
                                             because it does not have a substantial                  received during the comment period.                      (b) Effective period. This section is
                                             direct effect on one or more Indian                     The Coast Guard may amend this                        effective from 1 p.m. on May 1, 2018
                                             tribes, on the relationship between the                 temporary final rule if we receive                    through midnight on August 31, 2018 or
                                             Federal Government and Indian tribes,                   comments from the public that indicate                until missing and/or damaged fendering
                                             or on the distribution of power and                     that a change is warranted. If you                    systems are repaired or replaced,
                                             responsibilities between the Federal                    submit a comment, please include the                  whichever occurs first.
                                             Government and Indian tribes. If you                    docket number for this rulemaking,                       (c) Regulations. (1) No vessel may
                                             believe this rule has implications for                  indicate the specific section of this                 enter or remain in the safety zone
                                             federalism or Indian tribes, please                     document to which each comment                        except:
                                             contact the person listed in the FOR                    applies, and provide a reason for each                   (i) A vessel less than 65 feet in length
                                             FURTHER INFORMATION CONTACT section                     suggestion.                                           and not engaged in towing; or
                                             above.                                                    We encourage you to submit                             (ii) A vessel authorized by the Captain
                                                                                                     comments through the Federal                          of the Port Marine Safety Unit Port
                                             E. Unfunded Mandates Reform Act                         eRulemaking Portal at http://                         Arthur (COTP) or a designated
                                               The Unfunded Mandates Reform Act                      www.regulations.gov. If your material                 representative
                                             of 1995 (2 U.S.C. 1531–1538) requires                   cannot be submitted using http://                        (2) Persons and vessels not permitted
                                             Federal agencies to assess the effects of               www.regulations.gov, contact the person               to enter the safety zone must request
                                             their discretionary regulatory actions. In              in the FOR FURTHER INFORMATION section                permission from the COTP or a
                                             particular, the Act addresses actions                   of this document for alternate                        designated representative. They may be
                                             that may result in the expenditure by a                 instructions.                                         contacted through Vessel Traffic Service
                                             State, local, or tribal government, in the                We accept anonymous comments. All                   (VTS) on channels 65A or 13 VHF–FM,
                                             aggregate, or by the private sector of                  comments received will be posted                      or by telephone at (409) 719–5070.
                                             $100,000,000 (adjusted for inflation) or                without change to http://                                (3) Permission to transit through the
                                             more in any one year. Though this rule                  www.regulations.gov and will include                  bridge will be based on weather, tide
                                             will not result in such an expenditure,                 any personal information you have                     and current conditions, vessel size,
                                             we do discuss the effects of this rule                  provided. For more about privacy and                  horsepower, and availability of assist
                                             elsewhere in this preamble.                             the docket, visit http://                             vessels. All persons and vessels
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                                                                                                     www.regulations.gov/privacyNotice.                    permitted to enter this temporary safety
                                             F. Environment                                            Documents mentioned in this                         zone shall comply with the lawful
                                               We have analyzed this rule under                      temporary final rule as being available               orders or directions given to them by
                                             Department of Homeland Security                         in the docket, and all public comments,               COTP or a designated representative.
                                             Directive 023–01 and Commandant                         will be in our online docket at http://                  (4) Intentional or unintentional
                                             Instruction M16475.1D, which guide the                  www.regulations.gov and can be viewed                 contact with any part of the bridge or
                                             Coast Guard in complying with the                       by following that website’s instructions.             associated structure, including


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                                             19968                Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations

                                             fendering systems, support columns,                     in the Environmental Protection Agency                OPP–2017–0294 in the subject line on
                                             spans or any other portion of the bridge,               Docket Center (EPA/DC), West William                  the first page of your submission. All
                                             is strictly prohibited. Report any contact              Jefferson Clinton Bldg., Rm. 3334, 1301               objections and requests for a hearing
                                             with the bridge or associated structures                Constitution Ave. NW, Washington, DC                  must be in writing, and must be
                                             immediately to VTS Port Arthur on                       20460–0001. The Public Reading Room                   received by the Hearing Clerk on or
                                             channels 65A, 13 or 16 VHF–FM or by                     is open from 8:30 a.m. to 4:30 p.m.,                  before July 6, 2018. Addresses for mail
                                             telephone at (409) 719–5070.                            Monday through Friday, excluding legal                and hand delivery of objections and
                                                (d) Informational broadcasts. The                    holidays. The telephone number for the                hearing requests are provided in 40 CFR
                                             Coast Guard will inform the public of                   Public Reading Room is (202) 566–1744,                178.25(b).
                                             the effective period of this safety zone                and the telephone number for the OPP                    In addition to filing an objection or
                                             through VTS Advisories, Broadcast                       Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                             Notices to Mariners (BNMs), Local                       the visitor instructions and additional               as described in 40 CFR part 178, please
                                             Notice to Mariners (LNMs), and/or                       information about the docket available                submit a copy of the filing (excluding
                                             Marine Safety Information Bulletins                     at http://www.epa.gov/dockets.                        any Confidential Business Information
                                             (MSIBs) as appropriate.                                 FOR FURTHER INFORMATION CONTACT:                      (CBI)) for inclusion in the public docket.
                                               Dated: May 1, 2018.                                   Robert McNally, Director, Biopesticides               Information not marked confidential
                                                                                                     and Pollution Prevention Division                     pursuant to 40 CFR part 2 may be
                                             Jacqueline Twomey,
                                                                                                     (7511P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                             Captain, U.S. Coast Guard, Captain of the
                                                                                                     Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                             Port Marine Safety Unit Port Arthur.
                                                                                                     Pennsylvania Ave. NW, Washington, DC                  objection or hearing request, identified
                                             [FR Doc. 2018–09667 Filed 5–4–18; 8:45 am]
                                                                                                     20460–0001; main telephone number:                    by docket ID number EPA–HQ–OPP–
                                             BILLING CODE 9110–04–P                                                                                        2017–0294, by one of the following
                                                                                                     (703) 305–7090; email address:
                                                                                                     BPPDFRNotices@epa.gov.                                methods:
                                                                                                                                                             • Federal eRulemaking Portal: http://
                                             ENVIRONMENTAL PROTECTION                                SUPPLEMENTARY INFORMATION:                            www.regulations.gov. Follow the online
                                             AGENCY                                                  I. General Information                                instructions for submitting comments.
                                                                                                                                                           Do not submit electronically any
                                             40 CFR Part 180                                         A. Does this action apply to me?                      information you consider to be CBI or
                                             [EPA–HQ–OPP–2017–0294; FRL–9977–31]                        You may be potentially affected by                 other information whose disclosure is
                                                                                                     this action if you are an agricultural                restricted by statute.
                                             Duddingtonia flagrans strain IAH 1297;                  producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                             Exemption from the Requirement of a                     pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                             Tolerance                                               list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                     Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                             AGENCY:  Environmental Protection                                                                               • Hand Delivery: To make special
                                             Agency (EPA).                                           not intended to be exhaustive, but rather
                                                                                                     provides a guide to help readers                      arrangements for hand delivery or
                                             ACTION: Final rule.                                                                                           delivery of boxed information, please
                                                                                                     determine whether this document
                                             SUMMARY:   This regulation establishes an               applies to them. Potentially affected                 follow the instructions at http://
                                             exemption from the requirement of a                     entities may include:                                 www.epa.gov/dockets/contacts.html.
                                             tolerance for residues of Duddingtonia                     • Crop production (NAICS code 111).                Additional instructions on commenting
                                             flagrans strain IAH 1297 in or on all                      • Animal production (NAICS code                    or visiting the docket, along with more
                                             food commodities when used in                           112).                                                 information about dockets generally, is
                                             accordance with label directions and                       • Food manufacturing (NAICS code                   available at http://www.epa.gov/
                                             good agricultural practices.                            311).                                                 dockets.
                                             International Animal Health Products                       • Pesticide manufacturing (NAICS                   II. Background and Statutory Findings
                                             Pty. Ltd. submitted a petition to EPA                   code 32532).
                                                                                                                                                              In the Federal Register of October 23,
                                             under the Federal Food, Drug, and                       B. How can I get electronic access to                 2017 (82 FR 49022) (FRL–9967–37),
                                             Cosmetic Act (FFDCA), requesting an                     other related information?                            EPA issued a document pursuant to
                                             exemption from the requirement of a                                                                           FFDCA section 408(d)(3), 21 U.S.C.
                                             tolerance. This regulation eliminates the                 You may access a frequently updated
                                                                                                     electronic version of 40 CFR part 180                 346a(d)(3), announcing the filing of a
                                             need to establish a maximum                                                                                   pesticide tolerance petition (PP 6F8531)
                                             permissible level for residues of                       through the Government Printing
                                                                                                     Office’s e-CFR site at http://                        by International Animal Health
                                             Duddingtonia flagrans strain IAH 1297                                                                         Products Pty. Ltd., 18 Healey Circuit,
                                             under FFDCA.                                            www.ecfr.gov/cgi-bin/text-
                                                                                                     idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  Huntingwood, New South Wales 2148,
                                             DATES: This regulation is effective May                                                                       Australia (in care of SciReg. Inc., 12733
                                                                                                     40tab_02.tpl.
                                             7, 2018. Objections and requests for                                                                          Director’s Loop, Woodbridge, VA
                                             hearings must be received on or before                  C. How can I file an objection or hearing             22192). The petition requested that 40
                                             July 6, 2018, and must be filed in                      request?                                              CFR part 180 be amended by
                                             accordance with the instructions                          Under FFDCA section 408(g), 21                      establishing an exemption from the
                                             provided in 40 CFR part 178 (see also                   U.S.C. 346a(g), any person may file an                requirement of a tolerance for residues
                                             Unit I.C. of the SUPPLEMENTARY                          objection to any aspect of this regulation            of Duddingtonia flagrans strain IAH
                                             INFORMATION).                                           and may also request a hearing on those               1297 in or on all raw and processed
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                                             ADDRESSES: The docket for this action,                  objections. You must file your objection              agricultural commodities. That
                                             identified by docket identification (ID)                or request a hearing on this regulation               document referenced a summary of the
                                             number EPA–HQ–OPP–2017–0294, is                         in accordance with the instructions                   petition prepared by the petitioner
                                             available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                International Animal Health Products
                                             or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       Pty. Ltd., which is available in the
                                             Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                     docket via http://www.regulations.gov.


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Document Created: 2018-05-05 02:48:46
Document Modified: 2018-05-05 02:48:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule; request for comments.
DatesThis rule is effective without actual notice from May 7, 2018 through midnight on August 31, 2018. For the purposes of enforcement, actual notice will be used from May 1, 2018 through May 7, 2018. Comments and related material must be received before May 29, 2018.
ContactIf you have questions on this rule, call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email [email protected]
FR Citation83 FR 19965 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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