83 FR 45047 - Safety Zone; Neches River, Beaumont, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 172 (September 5, 2018)

Page Range		45047-45049
FR Document		2018-19193

The Coast Guard is extending the duration of 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.

Federal Register, Volume 83 Issue 172 (Wednesday, September 5, 2018)

[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45047-45049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19193]


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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.

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SUMMARY: The Coast Guard is extending the duration of 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.

DATES: This rule is effective without actual notice from September 5, 
2018 until January 31, 2019. For the purposes of enforcement, actual 
notice will be used from September 1, 2018 until September 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://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

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. In response, on May 7, 2018, the Coast Guard 
published a temporary final rule; request for

[[Page 45048]]

comments titled ``Safety Zone; Neches River, Beaumont, TX'' (83 FR 
19968). During the comment period that ended May 29, 2018, we received 
no comments.
    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 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 Comments, Changes, and the Rule

    As noted above, we received no comments on our temporary final 
rule; request for comments published on May 7, 2018. The only changes 
in the regulatory text of this rule are minor formatting edits and the 
extension of the effective period until January 31, 2018, or until the 
missing and/or damaged fenders are repaired or replaced, whichever 
occurs first.
    This rule extends a temporary safety zone from September 1, 2018 
through January 31, 2019 or until missing and/or damaged fendering 
systems are repaired or replaced, whichever occurs first. The safety 
zone extends 500-feet on either side of the KCS Bridge that crosses the 
Neches River in Beaumont, TX in approximate location 30[deg]04'54.8'' N 
094[deg]05'29.4'' W. The duration of the zone is intended to protect 
the bridge support columns as well as persons and property on or near 
the bridge until the bridge fendering is repaired or replaced. Only 
vessels less than 65 feet in length and not engaged in towing are 
authorized to enter the zone, unless otherwise permitted by the COTP or 
a designated representative to enter the safety zone.
    Persons and vessels 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.

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 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone 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 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.

[[Page 45049]]

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule 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.

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. Revise 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 rule is effective without actual notice 
from September 5, 2018 until January 31, 2019 or until missing and/or 
damaged fendering systems are repaired or replaced, whichever occurs 
first. For the purposes of enforcement, actual notice will be used from 
September 1, 2018 until September 5, 2018.
    (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 fendering systems, support 
columns, spans or any other portion of the bridge, is strictly 
prohibited. Report any contact with the bridge or associated structures 
immediately to VTS Port Arthur on channels 65A, 13 or 16 VHF-FM or by 
telephone at (409) 719-5070.
    (d) Informational broadcasts. The Coast Guard will inform the 
public through public of the effective period of this safety zone 
through VTS Advisories, Broadcast Notices to Mariners (BNMs), Local 
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs) as appropriate.

    Dated: August 29, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2018-19193 Filed 9-4-18; 8:45 am]
 BILLING CODE 9110-04-P

45048 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations

comments titled ‘‘Safety Zone; Neches (VTS) on channels 65A or 13 VHF–FM, Regulation and Controlling Regulatory
River, Beaumont, TX’’ (83 FR 19968). or by telephone at (409) 719–5070. Costs’ ’’ (April 5, 2017). This regulatory
During the comment period that ended Permission to transit through the action determination is based on the
May 29, 2018, we received no bridge will be based on weather, tide size, location and duration of the safety
comments. and current conditions, vessel size, zone. This rule will only affect certain
Under 5 U.S.C. 553(d)(3), the Coast horsepower, and availability of assist vessels transiting the upper reaches of
Guard finds that good cause exists for vessels. All persons and vessels the Neches River in Beaumont, TX. The
making this rule effective less than 30 permitted to enter this temporary safety Coast Guard will issue a VTS Advisory
days after publication in the Federal zone shall comply with the lawful concerning the zone, and the rule allows
Register. Delaying the effective date of orders or directions given to them by vessels to seek permission to enter the
this rule would be impracticable and COTP or a designated representative. zone.
contrary to the public interest because Intentional or unintentional contact
immediate action is needed to respond with any part of the bridge or associated B. Impact on Small Entities
to potential safety hazards posed by and structure, including fendering systems, The Regulatory Flexibility Act of
to passing vessel traffic and to the support columns, spans or any other 1980, 5 U.S.C. 601–612, as amended,
unprotected bridge columns supporting portion of the bridge, is strictly requires Federal agencies to consider
the KCS Bridge. prohibited. Report any contact with the the potential impact of regulations on
bridge or associated structures small entities during rulemaking. The
III. Legal Authority and Need for Rule immediately to VTS Port Arthur on term ‘‘small entities’’ comprises small
The Coast Guard is issuing this rule channels 65A, 13 or 16 VHF–FM or by businesses, not-for-profit organizations
under authority in 33 U.S.C. 1231. The telephone at (409) 719–5070. that are independently owned and
Captain of the Port Marine Safety Unit operated and are not dominant in their
Port Arthur (COTP) has determined that V. Regulatory Analyses
fields, and governmental jurisdictions
potential hazards posed by the We developed this rule after
with populations of less than 50,000.
unprotected bridge columns are a safety considering numerous statutes and
The Coast Guard received no comments
concern to the KCS Bridge and to Executive orders related to rulemaking.
from the Small Business Administration
persons and property on or near the Below we summarize our analyses
on this rulemaking. The Coast Guard
bridge. The purpose of this rule is to based on a number of these statutes and
certifies under 5 U.S.C. 605(b) that this
provide for the safety of the KCS Bridge Executive orders, and we discuss First
rule will not have a significant
and persons and property on or near the Amendment rights of protestors.
economic impact on a substantial
bridge. A. Regulatory Planning and Review number of small entities.
IV. Discussion of Comments, Changes, Executive Orders 13563 (‘‘Improving While some owners or operators of
and the Rule Regulation and Regulatory Review’’) vessels intending to transit the safety
As noted above, we received no and 12866 (‘‘Regulatory Planning and zone may be small entities, for the
comments on our temporary final rule; Review’’) direct agencies to assess the reasons stated in section V.A above, this
request for comments published on May costs and benefits of available regulatory rule will not have a significant
7, 2018. The only changes in the alternatives and, if regulation is economic impact on any vessel owner
regulatory text of this rule are minor necessary, to select regulatory or operator.
formatting edits and the extension of the approaches that maximize net benefits Under section 213(a) of the Small
effective period until January 31, 2018, (including potential economic, Business Regulatory Enforcement
or until the missing and/or damaged environmental, public health and safety Fairness Act of 1996 (Pub. L. 104–121),
fenders are repaired or replaced, effects, distributive impacts, and we want to assist small entities in
whichever occurs first. equity). Executive Order 13563 understanding this rule. If the rule
This rule extends a temporary safety emphasizes the importance of would affect your small business,
zone from September 1, 2018 through quantifying both costs and benefits, of organization, or governmental
January 31, 2019 or until missing and/ reducing costs, of harmonizing rules, jurisdiction and you have questions
or damaged fendering systems are and of promoting flexibility. Executive concerning its provisions or options for
repaired or replaced, whichever occurs Order 13771 (‘‘Reducing Regulation and compliance, please contact the person
first. The safety zone extends 500-feet Controlling Regulatory Costs’’) directs listed in the FOR FURTHER INFORMATION
on either side of the KCS Bridge that agencies to reduce regulation and CONTACT section.
crosses the Neches River in Beaumont, control regulatory costs and provides Small businesses may send comments
TX in approximate location 30°04′54.8″ that ‘‘for every one new regulation on the actions of Federal employees
N 094°05′29.4″ W. The duration of the issued, at least two prior regulations be who enforce, or otherwise determine
zone is intended to protect the bridge identified for elimination, and that the compliance with, Federal regulations to
support columns as well as persons and cost of planned regulations be prudently the Small Business and Agriculture
property on or near the bridge until the managed and controlled through a Regulatory Enforcement Ombudsman
bridge fendering is repaired or replaced. budgeting process.’’ and the Regional Small Business
Only vessels less than 65 feet in length The Office of Management and Budget Regulatory Fairness Boards. The
and not engaged in towing are (OMB) has not designated this rule a Ombudsman evaluates these actions
authorized to enter the zone, unless ‘‘significant regulatory action,’’ under annually and rates each agency’s
otherwise permitted by the COTP or a section 3(f) of Executive Order 12866. responsiveness to small business. If you
Accordingly, OMB has not reviewed it. wish to comment on actions by
daltland on DSKBBV9HB2PROD with RULES

designated representative to enter the
safety zone. As this rule is not a significant employees of the Coast Guard, call 1–
Persons and vessels not permitted to regulatory action, this rule is exempt 888–REG–FAIR (1–888–734–3247). The
enter the safety zone must request from the requirements of Executive Coast Guard will not retaliate against
permission from the COTP or a Order 13771. See OMB’s Memorandum small entities that question or complain
designated representative. They may be ‘‘Guidance Implementing Executive about this rule or any policy or action
contacted through Vessel Traffic Service Order 13771, Titled ‘Reducing of the Coast Guard.

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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 45049

C. Collection of Information further review under paragraph L60(d) permission from the COTP or a
This rule will not call for a new of Appendix A, Table 1 of DHS designated representative. They may be
collection of information under the Instruction Manual 023–01–001–01, contacted through Vessel Traffic Service
Paperwork Reduction Act of 1995 (44 Rev. 01. A Record of Environmental (VTS) on channels 65A or 13 VHF–FM,
U.S.C. 3501–3520). Consideration supporting this or by telephone at (409) 719–5070.
determination is available in the docket (3) Permission to transit through the
D. Federalism and Indian Tribal where indicated under ADDRESSES. bridge will be based on weather, tide
Governments and current conditions, vessel size,
G. Protest Activities
A rule has implications for federalism horsepower, and availability of assist
under Executive Order 13132, The Coast Guard respects the First vessels. All persons and vessels
Federalism, if it has a substantial direct Amendment rights of protesters. permitted to enter this temporary safety
effect on the States, on the relationship Protesters are asked to contact the zone shall comply with the lawful
between the national government and person listed in the FOR FURTHER orders or directions given to them by
the States, or on the distribution of INFORMATION CONTACT section to COTP or a designated representative.
power and responsibilities among the coordinate protest activities so that your (4) Intentional or unintentional
various levels of government. We have message can be received without contact with any part of the bridge or
analyzed this rule under that Order and jeopardizing the safety or security of associated structure, including
have determined that it is consistent people, places or vessels. fendering systems, support columns,
with the fundamental federalism spans or any other portion of the bridge,
List of Subjects in 33 CFR Part 165
principles and preemption requirements is strictly prohibited. Report any contact
described in Executive Order 13132. Harbors, Marine safety, Navigation with the bridge or associated structures
Also, this rule does not have tribal (water), Reporting and recordkeeping immediately to VTS Port Arthur on
implications under Executive Order requirements, Security measures, channels 65A, 13 or 16 VHF–FM or by
13175, Consultation and Coordination Waterways. telephone at (409) 719–5070.
with Indian Tribal Governments, For the reasons discussed in the (d) Informational broadcasts. The
because it does not have a substantial preamble, the Coast Guard amends 33 Coast Guard will inform the public
direct effect on one or more Indian CFR part 165 as follows: through public of the effective period of
tribes, on the relationship between the this safety zone through VTS
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION Advisories, Broadcast Notices to
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS Mariners (BNMs), Local Notice to
responsibilities between the Federal Mariners (LNMs), and/or Marine Safety
Government and Indian tribes. If you ■ 1. The authority citation for part 165 Information Bulletins (MSIBs) as
believe this rule has implications for continues to read as follows: appropriate.
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Dated: August 29, 2018.
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation Jacqueline Twomey,
FURTHER INFORMATION CONTACT section.
No. 0170.1. Captain, U.S. Coast Guard, Captain of the
E. Unfunded Mandates Reform Act ■ 2. Revise § 165.T08–0376 to read as Port Marine Safety Unit Port Arthur.
The Unfunded Mandates Reform Act follows: [FR Doc. 2018–19193 Filed 9–4–18; 8:45 am]
of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P
Federal agencies to assess the effects of § 165.T08–0376 Safety Zone; Neches
their discretionary regulatory actions. In River, Beaumont, TX.
particular, the Act addresses actions (a) Location. The following area is a DEPARTMENT OF HOMELAND
that may result in the expenditure by a safety zone: All navigable waters SECURITY
State, local, or tribal government, in the extending 500 feet on either side of the
aggregate, or by the private sector of Kansas City Southern Railroad Bridge Coast Guard
$100,000,000 (adjusted for inflation) or that crosses the Neches River in
more in any one year. Though this rule Beaumont, TX in approximate location 33 CFR Part 165
will not result in such an expenditure, 30°04′54.8″ N 094°05′29.4″ W. [Docket Number USCG–2018–0831]
we do discuss the effects of this rule (b) Effective period. This rule is
effective without actual notice from RIN 1625–AA00
elsewhere in this preamble.
September 5, 2018 until January 31,
F. Environment Safety Zone; SFODA 9233 Buffalo
2019 or until missing and/or damaged
We have analyzed this rule under Operation; Lake Erie, Hamburg, NY
fendering systems are repaired or
Department of Homeland Security replaced, whichever occurs first. For the AGENCY: Coast Guard, DHS.
Directive 023–01 and Commandant purposes of enforcement, actual notice ACTION: Temporary final rule.
Instruction M16475.1D, which guide the will be used from September 1, 2018
Coast Guard in complying with the until September 5, 2018. SUMMARY: The Coast Guard is
National Environmental Policy Act of (c) Regulations. (1) No vessel may establishing a temporary safety zone for
1969 (42 U.S.C. 4321–4370f), and have enter or remain in the safety zone navigable waters within a 500-foot
determined that this action is one of a except: radius of the water insertion site located
category of actions that do not (i) A vessel less than 65 feet in length offshore of Hamburg Beach/Town Park,
individually or cumulatively have a Lake Erie, Hamburg, NY. This safety
daltland on DSKBBV9HB2PROD with RULES

and not engaged in towing; or
significant effect on the human (ii) A vessel authorized by the Captain zone is intended to restrict vessels from
environment. This rule involves a safety of the Port Marine Safety Unit Port portions of Lake Erie during the SFODA
zone that will prohibit entry within 500- Arthur (COTP) or a designated 9233 Buffalo Operation. This temporary
feet of either side of the KCS Bridge that representative. safety zone is necessary to protect
crosses the Neches River in Beaumont, (2) Persons and vessels not permitted mariners and vessels from the
TX. It is categorically excluded from to enter the safety zone must request navigational hazards associated with

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Document Created: 2018-09-05 01:59:01
Document Modified: 2018-09-05 01:59:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from September 5, 2018 until January 31, 2019. For the purposes of enforcement, actual notice will be used from September 1, 2018 until September 5, 2018.
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]
FR Citation		83 FR 45047
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 45047 - Safety Zone; Neches River, Beaumont, TX

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 172 (September 5, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard