[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39846-39848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14561]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston Galveston-02-012]
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 extending the effective period for the 
Ports of Houston and Galveston security zones published May 1, 2002. 
This change will extend the effective period for the established 
security zones until October 15, 2002, allowing adequate time for a 
proposed permanent rule to be developed through informal rulemaking. We 
are also amending this section to make it clear that persons and not 
just vessels are prohibited from entry into these security zones. This 
temporary rule establishes temporary moving security zones around 
cruise ships entering and departing the Ports of Houston and Galveston.

DATES: The amendments to Sec. 165.T08-035 are effective on June 11, 
2002. Section 165.T08-035, added at 67 FR 21578, May 1, 2002, effective 
April 8, 2002, until June 15, 2002 is extended and will remain in 
effect through 8 a.m. on October 15, 2002.

ADDRESSES: Documents as indicated in this preamble 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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 1, 2002, we published a temporary final rule entitled 
``Security Zones; Ports of Houston and Galveston, TX'' in the Federal 
Register (67 FR 21576). The effective period for this rule was from 
April 8, 2002 until June 15, 2002.
    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 an NPRM. The original temporary final 
rule was immediately required to respond to the security concerns 
associated with cruise ship transits. It was anticipated that we would 
assess the security environment at the end of the effective period to 
determine whether continuing security measures were required. We have 
determined that the need for a continued security zone exists and 
elsewhere in today's issue of the Federal Register, we have published a

[[Page 39847]]

NPRM, entitled ``Security Zones; Ports of Houston and Galveston, TX'' 
for a proposed permanent rule (docket number COTP Houston-Galveston-02-
010). The Coast Guard will, during the extended effective period of 
this temporary final rule, complete notice and comment rulemaking to 
develop permanent regulations tailored to the present and foreseeable 
security environment.
    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. 
There is no indication that the present temporary final rule has been 
burdensome on the public. We are amending this section to make it clear 
that both persons and vessels are prohibited from entering the zone. 
Delaying the effective date of the rule would be contrary to public 
interest since action is needed to continue to respond to existing 
security risks.

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 established temporary security zones around these 
vessels.
    The temporary security zone was to expire on June 15, 2002. In 
order to provide continuous protection while a permanent zone is being 
promulgated through notice and comment rulemaking, the Coast Guard is 
extending the effective date of this zone until October 15, 2002.
    In addition we are amending this section to remove any ambiguity 
about its effect on persons. No person or vessel is permitted to enter 
within 100 yards of a cruise ship unless expressly authorized.

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 for the reasons enumerated under the Regulatory Evaluation 
above. 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 (Public Law 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 an expenditure, we 
do 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 Effect

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 39848]]

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. Revise temporary Sec. 165.T08-035 paragraphs (b) and (d) to read 
as follows:


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

* * * * *
    (b) Effective dates. This section is effective from 12 a.m. (noon) 
on April 8, 2002 through 8 a.m. on October 15, 2002.
* * * * *
    (d) Regulations. (1) Entry of persons or vessels into this zone 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 person or vessel may enter within 100 yards of a cruise 
ship unless expressly authorized by the Coast Guard Captain of the Port 
Houston-Galveston. Where the Houston Ship Channel narrows to 400 feet 
or less 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, 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) Vessels requiring entry within 500 yards of a cruise ship that 
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 this section contact 
``Houston Traffic'' via VHF Channels 11/12 or via phone at (713) 671-
5103.
    (6) All persons and vessels within the moving security zone 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 29, 2002.
Kevin S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston Galveston.
[FR Doc. 02-14561 Filed 6-10-02; 8:45 am]
BILLING CODE 4910-15-P