[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Rules and Regulations]
[Pages 64046-64048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26511]


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

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: Final rule.

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

SUMMARY: The Coast Guard is establishing permanent moving 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 is prohibited to all persons and vessels unless authorized by the 
Captain of the Port, Houston-Galveston or designated representative.

DATES: This rule is effective beginning 8 a.m. October 15, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of [COTP Houston-Galveston-02-010] 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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 11, 2002, the Coast Guard published a notice of proposed 
rule making (NPRM) entitled ``Security Zones; Ports of Houston and 
Galveston, TX'', in the Federal Register (67 FR 39917). We received no 
comments on the proposed rule. No public hearing was requested, and 
none was held.
    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. National security and intelligence 
officials continue to warn that future terrorist attacks against United 
States interests are likely. The temporary final rule published in the 
Federal Register on May 1, 2002 (67 FR 21578) as amended on June 11, 
2002 (67 FR 39848) expires on October 15, 2002. This rule replaces the 
original temporary final rule. Any delay in making this rule effective 
would be contrary to the public interest because action is necessary to 
protect against the possible loss of life, injury, or damage to 
property.

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 [COTP Houston-Galveston-
02-006]. A temporary final rule was published May 1, 2002 in the 
Federal Register (67 FR 21578). An extension of this temporary final 
rule was published June 11, 2002 (67 FR 39848) extending the effective 
date until 8 a.m. October 15, 2002. We received no comments concerning 
this temporary final rule.
    Advisories regarding threats of terrorism continue. The Captain of 
the Port Houston-Galveston has determined that there is a need for this 
security zone to remain in effect indefinitely. The Captain of the Port 
Houston-Galveston is establishing permanent security zones around these 
vessels as they transit within the Ports of Houston and Galveston.
    A moving security zone will be established 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 and Galveston, no 
vessel may 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 rule, no person or vessel is permitted to enter 
within 100 yards of a cruise ship unless expressly

[[Page 64047]]

authorized by the Captain of the Port Houston-Galveston. 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.
    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 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 final 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.

Discussion of Comments and Changes

    We received no comments on the proposed rule or temporary final 
rule. Therefore, we have made no changes to the provisions of the 
proposed rule.

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).
    We expect 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 zone will only 
impact navigation for a short period of time and the size of the zone 
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. This 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 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 would 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 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 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 will not create an 
environmental risk to health or risk to safety that might 
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 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

[[Page 64048]]

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.lD, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant adverse 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 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, and 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, TX.

    (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 entire transit of the cruise 
ship and continues while the cruise ship is moored or anchored.
    (b) Regulations. (1) Entry of vessels or persons 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 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: September 20, 2002.
Kevin S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 02-26511 Filed 10-15-02; 12:57 pm]
BILLING CODE 4915-15-P