Rule2021-26374
Security Zone; Houston Ship Channel, Houston, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2021
Effective
December 4, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 231 (Monday, December 6, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#4d1f222f283f396309630e2221280d383e2e2a63202421"><span class="__cf_email__" data-cfemail="94c6fbf6f1e6e0bad0bad7fbf8f1d4e1e7f7f3baf9fdf8">[email protected]</span></a>.
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:
<bullet> Commercial vessels operating at waterfront facilities
within these zones;
<bullet> Commercial vessels transiting directly to or from
waterfront facilities within these zones;
<bullet> Vessels providing direct operational/logistic support to
commercial vessels within these zones;
<bullet> Vessels operated by the appropriate port authority or by
facilities located within these zones; and
<bullet> 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
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</html>Indexed from Federal Register on December 6, 2021.
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.