Rule2022-25092
Safety Zone; Brakes Bayou, Beaumont, TX
Primary source
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Published
November 18, 2022
Effective
November 18, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#285b4b475c5c0643065f4049444d46685d5b4b4f06454144"><span class="__cf_email__" data-cfemail="f083939f8484de9bde8798919c959eb085839397de9d999c">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.