[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39850-39852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14559]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston-Galveston-02-011]
RIN 2115-AA97


Security Zones; Captain of the Port Houston-Galveston Zone

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Captain of the Port Houston-Galveston is establishing 
security zones within the ports of Houston, Bayport, Texas City and 
Freeport, Texas. These zones are being established to protect 
waterfront facilities, persons, and vessels from subversive or 
terrorist acts. Entry into these zones is prohibited except for vessels 
described in this rule or vessels that have obtained the express 
permission of the Captain of the Port Houston-Galveston or his 
designated representative.

DATES: This rule is effective from 6 a.m. on May 20, 2002 through 6 
a.m. on October 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Houston-Galveston-02-011] and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office Houston-Galveston, 9640 Clinton Dr, Galena Park, TX 77547 
between 8 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. 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.
    The catastrophic nature of, and resulting devastation from, the 
September 11, 2001 attacks on the World Trade Center towers in New York 
City and the Pentagon in Washington, DC, makes this rulemaking 
necessary for the protection of national security interests. National 
security and intelligence officials warn that future terrorist attacks 
against United States interests are likely. Any delay in making this 
regulation effective would be contrary to the public interest because 
immediate action is necessary to protect against the possible loss of 
life, injury, or damage to property. The Coast Guard will, during the 
effective period of this temporary final rule, complete notice and 
comment rulemaking for a proposed permanent regulation. Elsewhere in 
today's issue of the Federal Register, we have published a NPRM, 
entitled ``Security Zones; Captain of the Port Houston-Galveston Zone'' 
(docket number COTP Houston-Galveston-02-009).

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. In response to these 
terrorist acts, heightened awareness and security of our ports and 
harbors is necessary. To enhance security the Captain of the Port 
Houston-Galveston is establishing security zones.
    This rule establishes distinct security zones within the ports of 
Houston, Bayport, Texas City and Freeport, TX. These zones are being 
established to protect waterfront facilities, persons, and vessels from 
subversive or terrorist acts. Vessels operating within the Captain of 
the Port Houston-Galveston Zone are potential targets of terrorist 
attacks, or platforms from which terrorist attacks may be launched upon 
other vessels, waterfront facilities and adjacent population centers.
    These zones are being established around areas concentrated with 
commercial facilities considered critical to national security. This 
rule is designed to restrict access to vessels engaged, or assisting in 
commerce with waterfront facilities within the security zones, vessels 
operated by port authorities, vessels operated by waterfront facilities 
within the security zones, and vessels operated by federal, state, 
county or municipal agencies. By limiting access to these areas the 
Coast Guard is reducing potential methods of attack on vessels, 
waterfront facilities, and adjacent population centers located within 
the zones. Vessels having a need to enter these zones but prohibited 
from doing so under this rule, must obtain express permission from the 
Captain of the Port Houston-Galveston or his designated representative 
prior to entry.

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

[[Page 39851]]

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 proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary. Vessels 
engaged or assisting, in commerce with facilities located within the 
zones or having the express permission of the Captain of the Port 
Houston-Galveston, are authorized entry under this rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 security zone will not have an impact on a substantial 
number of small entities because this rule will not obstruct the 
regular flow of commercial vessel traffic conducting business within 
the zones. Other vessels may seek permission for entry into the zone 
from the Captain of the Port Houston-Galveston. If you are a small 
business entity and are significantly affected by the regulation please 
contact LTJG George Tobey at U.S. Coast Guard Marine Safety Office 
Houston-Galveston, TX 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 that 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 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 expenditure, we so 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a 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 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.T08-050 is added to read as follows:


Sec. 165.T08-050  Security Zones; Captain of the Port Houston-Galveston 
Zone.

    (a) Location. The following areas are designated as security zones:
    (1) Freeport, TX. (i) The Dow Barge Canal containing all waters 
bounded by its junction with the Intracoastal Waterway, by a line drawn 
between the eastern point at latitude 28 deg.56'27'' N, 95 deg.18'12'' 
W, and the western point at 28 deg.56'22'' N, 95 deg.18'20'' W (NAD 
1983).

[[Page 39852]]

    (ii) The Brazos Harbor containing all waters west of a line drawn 
between the northern point at 28 deg.56'15'' N, 95 deg.20'03'' W, and 
the southern point 28 deg.56'02'' N, 95 deg.20'03'' W (NAD 1927) at its 
junction with the Old Brazos River Cut.
    (2) Texas City, TX. The Port of Texas City Channel, Turning Basin 
and Industrial Canal containing all waters bounded by the area south 
and west of a line drawn between Cut B Inner Range Rear Light (LLNR 
24770), and Texas City Channel Light 19 (LLNR 24810).
    (3) Bayport, TX. The Port of Bayport, Bayport Ship and Bayport 
Turning Basin containing all waters south of a line drawn from Bayport 
Ship Channel Light 9 (LLNR-23295) and a western point at 29 deg.36'26'' 
N, 95 deg.01'17'' W (NAD 1983).
    (4) Houston, TX. The Houston Ship Channel and all associated 
turning basins, bounded by a line drawn between Houston Ship Channel 
Light 132 (LLNR-24445) and Houston Ship Channel Light 133 (LLNR-24450) 
west to the T & N Rail Road Swing Bridge at the entrance to Buffalo 
Bayou, including all waters adjacent to the ship channel from shoreline 
to shoreline and the first 200 yards of connecting waterways.
    (b) Effective dates. This rule is effective from 6 a.m. on May 20, 
2002 through 6 a.m. on October 15, 2002.
    (c) Regulations. (1) Entry 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 his designated 
representative.
    (3) To request permission as required by these regulations contact 
``Houston Traffic'' via VHF Channels 11/12 or via phone at (713) 671-
5103.
    (4) All persons and vessels 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: May 20, 2002.
K.S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 02-14559 Filed 6-10-02; 8:45 am]
BILLING CODE 4910-15-P