[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Rules and Regulations]
[Pages 69166-69168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25092]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0930]
RIN 1625-AA00


Safety Zone; Brakes Bayou, Beaumont, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within 200-feet of an unnamed railroad bridge that 
crosses Brakes Bayou in approximate position 30[deg]05'22.3'' N 
094[deg]05'53.5'' W. The safety zone is needed to protect personnel, 
vessels and the marine environment from potential hazards created by 
demolition of the bridge. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Port Arthur.

DATES: This rule is effective without actual notice from November 18, 
2022 through December 9, 2022. For the purposes of enforcement, actual 
notice will be used from November 9, 2022 until November 18, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0930 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX, 
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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with because it is impracticable to publish a Notice of Proposed 
Rulemaking because the Coast Guard must establish this safety zone by 
November 9, 2022, and lacks sufficient time to provide a reasonable 
comment period and to consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
protect personnel, vessels, and the marine environment from the 
potential safety hazards created by the demolition of the railroad 
bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Port Arthur 
(COTP) has determined that potential hazards associated with demolition 
of the railroad bridge that crosses Brakes Bayou will be a safety 
concern for anyone within 200-feet of bridge located in approximate 
position 30[deg]05'22.3'' N 094[deg]05'53.5'' W (NAD83). For this 
reason, this rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the bridge is being demolished.

IV. Discussion of the Rule

    This rule establishes a safety zone from November 9, 2022 through 
December 9, 2022. The safety zone will cover all navigable waters 
within 200-feet of vessels and machinery being used by personnel to 
demolish the railroad bridge that crossed Brakes Bayou in Beaumont, TX. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while the bridge is 
being demolished.

[[Page 69167]]

No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the limited size 
and location of the safety zone. This safety zone will impact a small 
bayou tributary to the Neches River in Beaumont, TX. The bayou above 
the railroad bridge is approximately 2.2 NM, possess no residences, 
boat houses or public boat ramps and no commercial docks.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves safety 
zone lasting 30 days that will prohibit entry within 200-feet the 
abandoned railroad bridge that crossed Brakes Bayou in approximate 
position 30[deg]05'22.3'' N 094[deg]05'53.5'' W (NAD83) during 
demolition operations. 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. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0930 to read as follows:


Sec.  165.T08-0930   Safety Zone; Brakes Bayou, Beaumont, TX.

    (a) Location. The following area is a safety zone: all navigable 
waters of Brakes Bayou, shoreline-to-shoreline, extending 200-feet on 
either side of the

[[Page 69168]]

abandoned railroad bridge that crosses Brakes Bayou in approximate 
position 30[deg]05'22.3'' N 094[deg]05'53.5'' W. The duration of the 
safety zone is intended to protect personnel, vessels and the marine 
environment from potential hazards created by bridge demolition 
operations.
    (b) Effective period. This section is effective from November 9, 
2022 through December 9, 2022.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry of vessels or persons into the safety 
zone described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port Marine Safety Unit Port Arthur 
(COTP) or a designated representative. They may be contacted on VHF-FM 
channel 13 or 16, or by phone at by telephone at 409-719-5070.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs).

    Dated: November 8, 2022
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Zone Port 
Arthur.
[FR Doc. 2022-25092 Filed 11-17-22; 8:45 am]
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