[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Rules and Regulations]
[Pages 21576-21578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10645]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston-Galveston-02-006]
RIN 2115-AA97


Security Zones; Ports of Houston and Galveston, TX

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary moving security 
zones around cruise ships entering and departing the ports of Houston 
and Galveston, Texas. These security zones are needed for the safety 
and security of these vessels. Entry into these zones is prohibited, 
unless authorized by the Captain of the Port, Houston--Galveston or his 
designated representative.

DATES: This rule is effective from 12 a.m. (noon) on April 8, 2002 
through 6 a.m. on June 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Houston--Galveston-02-006] and are 
available for inspection or copying at Marine Safety Office Houston--
Galveston, 9640 Clinton Drive, Galena Park, TX, 77547 between 8 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) George 
Tobey, Marine Safety Office Houston--Galveston, Texas, Port Waterways 
Management, at (713) 671-5100.

[[Page 21577]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553 (b) (B), the Coast Guard finds that good 
cause exists for not publishing a NPRM and under 5 U.S.C. 553 (d) (3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Publishing a NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to respond to the security concerns which 
are associated with the transit of cruise ships.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets may be anticipated.
    In response to these terrorist acts and warnings, heightened 
awareness for the security and safety of all vessels, ports, and 
harbors is necessary. Due to the increased safety and security concerns 
surrounding the transit of cruise ships, the Captain of the Port, 
Houston--Galveston is establishing temporary security zones around 
these vessels.
    For the purpose of this rule the term ``cruise ship'' is defined as 
a passenger vessel over 100 gross tons, carrying more than 12 
passengers for hire, making a voyage lasting more than 24 hours any 
part of which is on the high seas, and for which passengers are 
embarked or disembarked in the United States or its territories. This 
definition covers passenger vessels that must comply with 33 CFR parts 
120 and 128.
    The moving security zones will commence when a cruise ship passes 
the Galveston Bay Approach Lighted Buoy ``GB'' inbound and continues 
through its transit, mooring, and return transit until it passes the 
sea buoy outbound. The establishment of moving security zones described 
in this rule will be announced to mariners via Marine Safety 
Information Broadcast. In the Ports of Houston or Galveston, all 
vessels within 500 yards of a cruise ship must operate at the minimum 
safe speed required to maintain a safe course. Except as described in 
this rule, no vessel is permitted to enter within 100 yards of a cruise 
ship unless expressly authorized by the Captain of the Port Houston--
Galveston.
    The Houston Ship Channel narrows to 400 feet or less near Houston 
Ship Channel Entrance Lighted Bell Buoy ``18'' and continues at this 
width through Barbours Cut. Between these points vessels that must 
transit the navigable channel may seek to gain permission to pass 
within 100 yards of cruise ships from the Captain of the Port Houston--
Galveston or his designated representative. Mariners that anticipate 
encountering a cruise ship in this section of the channel are 
encouraged to contact ``Houston Traffic'' prior to getting underway.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3 (f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6 (a) (3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation is unnecessary under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. The impacts on routine navigation are expected to be 
minimal as the zones will only impact navigation for a short period of 
time and the size of the zones allows for the transit of most vessels 
with minimal delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit a narrow portion of the Houston-Galveston Ship Channel during a 
transit of a cruise ship in the same narrow location. These security 
zones will not have a significant economic impact on a substantial 
number of small entities for the following reasons:
    1. Between the Houston-Galveston Sea buoy and Houston Ship Channel 
Entrance Lighted Bell Buoy ``18'' the size of the security zones allow 
for vessels to safely transit around or through the zones with minimal 
interference.
    2. Between Houston Ship Channel Entrance Lighted Bell Bouy ``18'' 
and Barbours Cut the channel narrows to 400 feet. In this section the 
Captain of the Port Houston-Galveston through Vessel Traffic Service 
(VTS) Houston-Galveston, ``Houston Traffic,'' and designated on scene 
personnel, may grant permission to pass within 100 yards of a vessel 
described by this rule to vessels which must transit the navigable 
channel.
    If you are a small business entity and are significantly affected 
by this regulation please contact, LTJG George Tobey, Marine Safety 
Office Houston-Galveston, Texas, Port Waterways Management, at (713) 
671-5100.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking process. 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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or Local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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

[[Page 21578]]

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 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.

Taking of Private Property

    This rule will not affect the taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

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

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T08-035 is added to read as follows:


Sec. 165.T08-035  Security zones; Ports of Houston and Galveston, 
Texas.

    (a) Location. Within the Ports of Houston and Galveston, Texas, 
temporary moving security zones are established encompassing all waters 
within 500 yards of a cruise ship between Galveston Bay Approach 
Lighted Buoy ``GB'', at approximate position 29 deg.21'18" N, 
94 deg.37'36" W [NAD 83] and up to, and including, Barbours Cut. These 
zones remain in effect during the entire transit of the vessel and 
continues while the cruise ship is moored or anchored.
    (b) Effective period. This section is effective from 12 a.m. (noon) 
on April 8, 2002 through 6 a.m. on June 15, 2002.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) Regulations. (1) Entry of vessels into these zones is 
prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100 
yards of a cruise ship provided they operate at the minimum speed 
necessary to maintain a safe course.
    (ii) No vessel may enter within 100 yards of a cruise ship unless 
expressly authorized by the Coast Guard Captain of the Port Houston-
Galveston. This includes the waters between Houston Ship Channel 
Entrance Lighted Bell Buoy ``18'', light list no. 34385 at 
approximately 29 deg.21'06" N, 94 deg.47'00" W [NAD 83] and Barbours 
Cut where the Houston Ship Channel narrows to 400 feet or less. When 
conditions permit, the Captain of the Port Houston-Galveston may permit 
vessels that must transit the navigable channel between these points to 
enter within 100 yards of a cruise ship.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100 yards of a cruise ship while it 
is in transit.
    (2) Persons or vessels requiring entry within 500 yards of a cruise 
ship who cannot slow to the minimum speed necessary to maintain a safe 
course must request express permission to proceed from the Captain of 
the Port Houston-Galveston, or his designated representative.
    (3) For the purpose of this section the term ``cruise ship'' is 
defined as a passenger vessel over 100 gross tons, carrying more than 
12 passengers for hire, making a voyage lasting more than 24 hours, any 
part of which is on the high seas, and for which passengers are 
embarked or disembarked in the United States or its territories.
    (4) The Captain of the Port Houston-Galveston will inform the 
public of the moving security zones around cruise ships via Marine 
Safety Information Broadcasts.
    (5) To request permission as required by these regulations contact 
``Houston Traffic'' via VHF Channels 11/12 or via phone at (713) 671-
5103.
    (6) All persons and vessels within the moving security zones shall 
comply with the instructions of the Captain of the Port Houston-
Galveston and designated on-scene U.S. Coast Guard patrol personnel. 
On-scene U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.

    Dated: April 8, 2002.
K.S. Cook,
Captain, U.S. Coast Guard,
Captain of the Port Houston-Galveston.
[FR Doc. 02-10645 Filed 4-30-02; 8:45 am]
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