[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Rules and Regulations]
[Pages 67301-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28090]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston-Galveston-02-018]
RIN 2115-AA97


Security Zones; Captain of the Port Houston-Galveston Zone

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing security zones within the 
ports of Houston, Morgan's Point, Bayport, Texas City, and Freeport, 
Texas. These zones are being established to protect waterfront 
facilities, persons, and vessels from subversive or terrorist acts. 
Entry of persons and vessels into these zones is prohibited except as 
authorized by this rule or by the Captain of the Port Houston-
Galveston.

DATES: This section is effective from 8 a.m. on October 15, 2002 
through 8 a.m. on April 15, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Houston-Galveston-02-018] 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: Lieutenant Junior Grade (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 an 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.
    On June 11, 2002 the Coast Guard published a temporary final rule 
entitled ``Security Zones; Captain of the Port Houston-Galveston Zone'' 
[COTP Houston-Galveston-02-011] (67 FR 39851). This rule was required 
to respond to security concerns within the Captain of the Port Houston-
Galveston zone following the September 11, 2001 attacks on the World 
Trade Center towers in New York City and the Pentagon in Washington DC. 
October 15, 2002 is the expiration date of that rule.
    National security and intelligence officials continue to warn that 
future terrorist attacks against United States interests are likely. 
The Captain of the Port Houston-Galveston is establishing a new 
temporary final rule that encompasses many of the same areas covered in 
the expiring rule. Any delay in making this new rule 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.
    On June 11, 2002, we published an NPRM entitled ``Security Zones; 
Captain of the Port Houston-Galveston Zone'' [COTP Houston-Galveston-
02-009] (67 FR 39919). The NPRM proposed to replace the existing 
temporary security zones with permanent zones. The comment period for 
the NPRM expired on August 12, 2002. We received only two comments on 
this rule and both of these comments asked for information on how to 
comment on the proposed rule. As a result of these comments and to 
reflect changes in the size of the security zones in this rule the 
Coast Guard intends to issue a supplemental notice of proposed rule 
making and reopen the comment period.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. The President has continued 
the national emergencies he declared following those attacks (67 FR 
58317 (Sep. 13, 2002) (continuing the emergency declared with respect 
to terrorist attacks); 67 FR 59447 (Sep. 20, 2002) (continuing 
emergency with respect to persons who commit, threaten to commit or 
support terrorism)). The President also has found pursuant to law, 
including the Magnuson Act (50 U.S.C. 191 et seq.), that the security 
of the United States is and continues to be endangered following the 
terrorist attacks (E.O. 13,273, 67 FR 56215 (Sep. 3, 2002) (security of 
U.S. endangered by disturbances in international relations of U.S. and 
such disturbances continue to endanger such relations). In response to 
these terrorist acts, heightened awareness and security of our ports 
and harbors became necessary. To enhance security the Captain of the 
Port Houston-Galveston established temporary security zones published 
in the Federal Register on June 11, 2002 (67 FR 39851). The original 
rule established security zones within the ports of Houston, Bayport, 
Texas City and Freeport, TX.
    In order to provide continuous protection while permanent zones are 
being promulgated through notice and comment rule making the Coast 
Guard is establishing a new temporary final rule for the ports of 
Houston, Morgan's Point, Bayport, Texas City and Freeport, TX. This 
rule establishes distinct security zones in these areas with slight 
modifications from the previous rule and includes the addition of a new 
zone for Morgan's Point, TX. The Morgan's Point security zone was 
originally proposed in the NPRM published on June 11, 2002 (67 FR 
39919). We received no comments or objections regarding the security 
zone for Morgan's Point.
    These zones are being established to protect waterfront facilities, 
persons, and vessels from subversive or terrorist acts. They 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

[[Page 67302]]

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 increasing the 
opportunity for detection and reducing potential methods of attack on 
vessels, waterfront facilities within the security zones, and adjacent 
population centers located near the zones.
    The size of the Houston security zone remains unchanged from the 
original rule and NPRM. It includes the Houston Ship Channel and all 
associated turning basins, bounded by a line drawn between Houston Ship 
Channel Light 132 and Houston Ship Channel Light 133 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.
    The Morgan's Point security zone includes the waters of Barbours 
Cut Ship Channel and Turning Basin west of a line drawn between 
Junction Light ``Barbours Cut'' and Houston Ship Channel Light 91.
    The security zone for Bayport is being increased to create a zone 
slightly larger than that published in the original rule and NPRM. This 
will have a minimal impact on vessel traffic because the northern 
portion of the ship channel remains open. The Bayport security zone 
includes all waters of the Port of Bayport, Bayport Ship Channel and 
Bayport Turning Basin south of latitude 29[deg]36'45'' N and west of 
the Bayport Ship Channel Light 9.
    The security zone for Texas City increases the size of the zone to 
provide protection for facilities which were previously just outside of 
the zone. The Texas City security zone includes all waters of the Port 
of Texas City Channel, Turning Basin and Industrial Canal containing 
South and West of a line drawn from Texas City Channel Light 19 through 
Cut B Inner Range Front Light and terminating on land in position 
29[deg]23'16'' N, 94[deg]53'15'' W.
    The security zones for Freeport have been modified to reflect the 
zones as they are described in the NPRM. These zones are slightly 
smaller than those in the original rule and are now drawn along more 
natural boundaries. The Dow Barge Canal security zone contains all 
waters bounded by its junction with the Intracoastal Waterway from a 
line drawn between an eastern point at 28[deg]56'48'' N, 95[deg]18'20'' 
W and a western point at 28[deg]56'40'' N, 95[deg]18'33'' W. The Brazos 
Harbor security zone contains all waters west of a line drawn between 
the northern point at 28[deg]56'27'' N, 95[deg]20'00'' W, and the 
southern point 28[deg]56'09'' N, 95[deg]20'00'' W.

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 proposal 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. 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 (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 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

[[Page 67303]]

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 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 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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec.  165.T08-108 is added to read as follows:


Sec.  165.T08-108  Security Zones; Captain of the Port Houston-
Galveston Zone.

    (a) Location. The following areas are designated as security zones:
    (1) 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.
    (2) Morgan's Point, TX. The Barbours Cut Ship Channel and Turning 
Basin containing all waters west of a line drawn between Junction Light 
``Barbours Cut'' 29[deg]41'12'' N, 94[deg]59'12'' W (LLNR-23525), and 
Houston Ship Channel Light 91, 29[deg]41'00'' N, 94[deg]59'00'' W 
(LLNR-23375) (NAD 1983).
    (3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and 
Bayport Turning Basin containing all waters south of latitude 
29[deg]36'45'' N and west of the Bayport Ship Channel Light 9 (LLNR-
23295) (NAD 1983).
    (4) 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 from Texas City Channel Light 19 (LLNR 24810) 
through Cut B Inner Range Front Light (LLNR 24765) and terminating on 
land in position 29[deg]23'16'' N, 94[deg]53'15'' W (NAD 1983).
    (5) 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 28[deg]56'48'' N, 95[deg]18'20'' W, and 
the western point at 28[deg]56'40'' N, 95[deg]18'33'' W (NAD 1983).
    (ii) The Brazos Harbor containing all waters west of a line drawn 
between the northern point at 28[deg]56'27'' N, 95[deg]20'00'' W, and 
the southern point 28[deg]56'09'' N, 95[deg]20'00'' W (NAD 1983) at its 
junction with the Old Brazos River Cut.
    (b) Effective dates. This section is effective from 8 a.m. on 
October 15, 2002 through 8 a.m. on April 15, 2003.
    (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: October, 11 2002.
Kevin S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 02-28090 Filed 11-4-02; 8:45 am]
BILLING CODE 4910-15-P