Quiero saber acerca de...

68408
ACTION:

Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations Temporary final rule.

The Coast Guard is establishing a temporary moving safety zone for navigable waters within a 500yard radius around the ZIM KINGSTON.
The safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards associated with the vessel transit. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.
DATES: This rule is effective without actual notice from December 2, 2021
through 9 a.m. on December 6, 2021. For purposes of enforcement, actual notice will be used from 10 a.m. on November 24, 2021 until December 2, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0891 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 Lieutenant Peter McAndrew, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 2062176045, email SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Table of Abbreviations
lotter on DSK11XQN23PROD with RULES1

CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking 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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this rule, as the Coast Guard received initial notification on October 31, 2021 of an anticipated vessel transit from Victoria, BC to Vancouver, BC through US Waters by the ZIM KINGSTON. On or around
VerDate Sep<11>2014

16:00 Dec 01, 2021

Jkt 256001

October 21, 2021, the ZIM KINGSTON
lost containers overboard and two containers subsequently caught on fire and may contain toxic flammable gas or other hazardous materials. Immediate action is needed to respond to the potential safety hazards associated with the ZIM KINGSTONs transit. It is impracticable to publish an NPRM for this temporary rule because the safety zone must be established by November 24, 2021 to protect waterway users.
Under 5 U.S.C. 553d3, 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 hazards associated with the vessel transit of the ZIM KINGSTON.
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 COTP Puget Sound has determined that potential hazards associated with the transit of the ZIM
KINGSTON will be a safety concern for anyone within a 500-yard radius of the vessel. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the transit.
IV. Discussion of the Rule This rule establishes a safety zone from 10 a.m. November 24, 2021
through 9 a.m. December 6, 2021. The safety zone will cover all navigable waters within 500 yards of the ZIM
KINGSTON. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the vessel is in transit. 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
PO 00000

Frm 00020

Fmt 4700

Sfmt 4700

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 fact that the safety zone created by this rule is limited in size and duration. Vessel traffic would be able to safely transit around this safety zone. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHFFM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. The Coast Guard will not retaliate against small entities that question or complain
E:FRFM02DER1.SGM

02DER1