[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Proposed Rules]
[Pages 39917-39919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14562]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston-Galveston-02-010]
RIN 2115-AA97


Security Zones; Ports of Houston and Galveston, TX

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish moving and fixed 
security zones around cruise ships that are transiting, anchored or 
moored in the Ports of Houston and Galveston, Texas. These security 
zones are needed for the safety and security of these vessels. Entry 
into these zones would be prohibited, unless authorized by the Captain 
of the Port, Houston-Galveston or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before August 12, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Houston-Galveston, 9640 Clinton Drive, Galena Park, TX, 77547. 
Marine Safety Office Houston-Galveston maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Marine Safety Office Houston-Galveston 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [COTP 
Houston-Galveston-02-010], indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know that your submission reached us, please enclose 
a stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Houston-
Galveston at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a separate notice in the 
Federal Register.

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 final rule 
was published May 1, 2002 in the Federal Register (67 FR 21576).
    Because the generalized high-level threat environment continues, 
the Captain of the Port Houston-Galveston has determined that there is 
a need for these security zones to remain in effect indefinitely. The 
Captain of the Port Houston-Galveston proposes to establish permanent 
security zones around these vessels as they transit within the Ports of 
Houston and Galveston. These security zones will reduce the potential 
of a waterborne attack on cruise ships and enhance public health, 
safety, defense, and security.

Discussion of Proposed Rule

    The Coast Guard is proposing a permanent rule to create moving 
security zones around cruise ships when they pass the Galveston Bay 
Approach Lighted Buoy ``GB'' inbound and to continue the zone through 
the cruise ship's transit, mooring, and return transit until the cruise 
ship passes the sea buoy outbound. The establishment of moving security 
zones described in this proposed rule will be announced to mariners via 
Marine Safety Information Broadcast.
    In the Ports of Houston and Galveston, no vessel would be permitted 
to operate within 500 yards of a cruise ship unless operating at the 
minimum safe speed required to maintain a safe course. Except as 
described in this proposed rule, no person or vessel would be permitted 
to enter within 100 yards of a cruise ship unless expressly authorized 
by the Captain of the Port Houston-Galveston. Moored vessels or vessels 
anchored in a designated anchorage area would be permitted to remain 
within 100 yards of a cruise ship while it is in transit.
    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 will have to gain permission from the 
Captain of the Port Houston-Galveston or his designated representative, 
to pass within 100 yards of a cruise ship. Mariners that anticipate 
encountering a cruise ship in this section of the channel are 
encouraged to contact ``Houston Traffic'' prior to getting underway.
    For the purpose of this proposed 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

[[Page 39918]]

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.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation 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 proposed zones will only 
impact navigation for a short period of time and the size of the zones 
allow 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 proposed 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 the narrow portion of the Houston-Galveston Ship 
Channel during a transit of a cruise ship in the same location. This 
proposed security zone 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 zone allows 
for vessels to safely transit around or through the zone with minimal 
interference.
    2. Between Houston Ship Channel Entrance Lighted Bell Bouy ``18'' 
and Barbour's 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 vessels permission to pass within 100 yards of a 
cruise ship.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LTJG George Tobey, 
Marine Safety Office Houston-Galveston, Texas, Port Waterways 
Management, at (713) 671-5100.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule 
and concluded that, under figure 2-

[[Page 39919]]

1, paragraph (34)(g), of Commandant Instruction M16475.lD, this rule is 
categorically excluded from further environmental documentation because 
this rule is not expected to result in any significant environmental 
impact as described in the National Environmental Policy Act of 1969 
(NEPA). A ``Categorical Exclusion Determination'' is available in the 
docket 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 proposes 
to amend 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. Add Sec. 165.813 to read as follows:


Sec. 165.813  Security Zones; Ports of Houston and Galveston, Texas.

    (a) Location. Within the Ports of Houston and Galveston, Texas, 
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 inbound and outbound transit of the cruise ship and 
continues while the cruise ship is moored or anchored.
    (b) 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 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 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.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: May 29, 2002.
K.S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 02-14562 Filed 6-10-02; 8:45 am]
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