[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68913-68915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26374]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0883]
RIN 1625-AA87


Security Zone; Houston Ship Channel, Houston, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters extending 600 feet, or to the shoreline, whichever is 
closer, from the outer edge of the Houston Ship Channel. The security 
zone is required to protect against the interruption of commerce in 
relation to the 23rd World Petroleum Congress. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Houston-Galveston.

DATES: This rule is effective from December 4, 2021, until December 9, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0883 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 Lieutenant Commander Robert Cole, Waterways Management 
Division. Sector Houston-Galveston, U.S. Coast

[[Page 68914]]

Guard; telephone 281-464-4736, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 respect to this rule because doing so would be impracticable.
    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 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) 
Houston-Galveston 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.

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 Ship Channel Lights ``101'' at 29[deg]41'58'' N, 95[deg]0'24'' 
W, and ``102'' at 29[deg]42'7'' N, 95[deg]0'21'' W, continuing north to 
the permanent Houston Ship Channel security zone defined in 33 CFR 
165.814(a)(1) that begins at a line between 29[deg]45'14'' N, 
095[deg]05'47'' W and 29[deg]45'04'' N, 095[deg]05'33'' 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. 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 
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 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

[[Page 68915]]

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 a 
security zone lasting 6 days that will prohibit entry 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 Ship 
Channel Lights ``101'' at 29[deg]41'58'' N, 95[deg]0'24'' W, and 
``102'' at 29[deg]42'7'' N, 95[deg]0'21'' W, continuing north to the 
permanent Houston Ship Channel security zone defined in 33 CFR 
165.814(a)(1) that begins at a line between 29[deg]45'14'' N, 
095[deg]05'47'' W and 29[deg]45'04'' N, 095[deg]05'33'' W. It is 
categorically excluded from further review under paragraph L60(c) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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.T08-0883 to read as follows:


Sec.  165.T08-0883  Security Zone; Houston Ship Channel, Houston, TX.

    (a) Location. The following area is a security zone: The waters in 
vicinity of Galveston Bay, from surface to bottom, extending 600-foot, 
or to the shoreline, whichever is closer, from the outer edge of the 
Houston Ship Channel from Houston Ship Channel Lights ``101'' at 
29[deg]41'58'' N, 95[deg]0'24'' W, and ``102'' at 29[deg]42'7'' N, 
95[deg]0'21'' W, continuing north to the permanent Houston Ship Channel 
security zone defined in 33 CFR 165.814(a)(1) that begins at a line 
between 29[deg]45'14'' N, 095[deg]05'47'' W and 29[deg]45'04'' N, 
095[deg]05'33'' W. These coordinates are based on NAD 83.
    (b) Regulations. (1) Entry of into these zones is prohibited except 
for the following:
    (i) Commercial vessels operating at waterfront facilities within 
these zones;
    (ii) Commercial vessels transiting directly to or from waterfront 
facilities within these zones;
    (iii) Vessels providing direct operational/logistic support to 
commercial vessels within these zones;
    (iv) Vessels operated by the appropriate port authority or by 
facilities located within these zones; and
    (v) Vessels operated by federal, state, county, or municipal 
agencies.
    (2) Other persons or vessels requiring entry into a zone described 
in this section must request express permission to enter from the 
Captain of the Port Houston-Galveston, or designated representative. 
The Captain of the Port Houston-Galveston's designated representatives 
are any personnel granted authority by the Captain of the Port Houston-
Galveston to receive, evaluate, and issue written security zone entry 
permits, or designated on-scene U.S. Coast Guard patrol personnel.
    (3) To request permission as required by these regulations contact 
``Houston Traffic'' via VHF Channels 11/12 or by phone at 281-464-4837.
    (c) Enforcement period. This section will be enforced between 
December 4, 2021, to December 9, 2021.

    Dated: November 30, 2021
Jason E. Smith,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2021-26374 Filed 12-3-21; 8:45 am]
BILLING CODE 9110-04-P