Voglio sapere a riguardo di…

68914

Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Rules and Regulations
Guard; telephone 2814644736, email Robert.D.Cole@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations CFR Code of Federal Regulations 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 because doing so would be impracticable.
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 as immediate action is needed to respond to the threat of interruption to the flow of commercial vessel traffic during the 23rd World Petroleum Congress event.
The security zone will span from Houston Ship Channel Lights 101 and 102, continuing north to the Captain of the Port Houston-Galveston permanent Houston, TX security zone.
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 HoustonGalveston has determined that potential protests beginning December 4, 2021, in response to the 23rd World Petroleum Congress, will be a threat to the viability of the Houston Ship Channel. This rule is needed to protect the flow of commerce for the duration of the event.

khammond on DSKJM1Z7X2PROD with RULES

IV. Discussion of the Rule This rule establishes a security zone from December 4, 2021 through December 9, 2021. The security zone will cover all navigable waters extending 600-feet, or to the shoreline, whichever is closer, from the outer edge of the Houston Ship Channel from Houston Ship Channel from Houston
VerDate Sep<11>2014

15:44 Dec 03, 2021

Jkt 256001

Ship Channel Lights 101 at 294158
N, 95024 W, and 102 at 29427 N, 95021 W, continuing north to the permanent Houston Ship Channel security zone defined in 33 CFR
165.814a1 that begins at a line between 294514 N, 0950547 W and 294504 N, 0950533 W. The duration of the zone is intended to protect against the interruption of commerce in relation to the 23rd World Petroleum Congress. Entry of into this zone is prohibited except for the following:
Commercial vessels operating at waterfront facilities within these zones;
Commercial vessels transiting directly to or from waterfront facilities within these zones;
Vessels providing direct operational/logistic support to commercial vessels within these zones;
Vessels operated by the appropriate port authority or by facilities located within these zones; and Vessels operated by federal, state, county, or municipal agencies.
No other vessel or person will be permitted to enter the security 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 size and limited duration of the rule. Standard commercial ship and barge traffic will experience no interruption.
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
PO 00000

Frm 00040

Fmt 4700

Sfmt 4700

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 security 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 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. 35013520.
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
E:FRFM06DER1.SGM

06DER1