[Federal Register Volume 67, Number 237 (Tuesday, December 10, 2002)]
[Proposed Rules]
[Pages 75831-75833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31149]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Houston-Galveston-02-009]
RIN 2115-AA97


Security Zones; Captain of the Port Houston-Galveston Zone

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is issuing a supplemental notice of proposed 
rulemaking for a notice of proposed rulemaking published June 11, 2002 
in which we proposed to establish security zones within the Ports of 
Houston, Morgan's Point, Bayport, Texas City, and Freeport, Texas. 
These zones are needed to protect waterfront facilities, persons, and 
vessels from subversive or terrorist acts. Entry of persons and vessels 
into these zones would be prohibited except as authorized by this rule 
or by the Captain of the Port Houston-Galveston.

DATES: Comments and related material must reach the Coast Guard on or 
before February 10, 2003.

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--02-009], 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. 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 for the 
security and safety of all vessels, ports, and harbors is necessary. 
The Captain of the Port Houston-Galveston established temporary 
security zones around highly industrialized areas within the Captain of 
the Port Houston-Galveston Zone. These zones were published on June 11, 
2002 [COTP Houston-Galveston--02-011] (67 FR 39851) and November 5, 
2002 [COTP Houston-Galveston--02-018] (67 FR 67301).
    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 proposed, the Coast 
Guard is issuing a supplemental notice of proposed rulemaking.

Discussion of Proposed Rule

    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. The Ports of Houston, 
Morgan's Point, Bayport, Texas City, and Freeport are all heavily 
industrialized areas with general cargo facilities, container 
terminals, and bulk liquid transfer facilities.
    The proposed rule establishes security zones around areas 
concentrated with commercial facilities considered critical to national 
security. These facilities are located in narrow manmade harbors or 
along narrow depth-restricted ship channels. A terrorist attack within 
these security zones could have a significant adverse impact on 
national security and the national economy.

[[Page 75832]]

    The proposed security zones are as follows:
    (1) Houston, Texas. The size of this proposed security zone remains 
unchanged from the 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.
    (2) Morgan's Point, Texas. This proposed security zone is being 
updated to reflect a more accurate position for Houston Ship Channel 
Light 91. The Morgan's Point security zone includes the water of 
Barbours Cut Ship Channel and Turning Basin west of a line drawn 
between Junction Light ``Barbours Cut'' and Houston Ship Channel Light 
91.
    (3) Bayport, Texas. The proposed security zone for Bayport is being 
increased to create a zone slightly larger than that published in the 
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.
    (4) Texas City, Texas. The size of this proposed security zone is 
being increased 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 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.
    (5) Freeport, Texas. The proposed security zones for Freeport 
remain the same as in the NPRM. The Dow Barge Canal security zone 
includes all waters of canal bounded by its junction with the 
Intracoastal Waterway, by a line drawn between an eastern point at 
latitude 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 includes 
all waters of the harbor 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 at its junction with the Old Brazos 
River Cut.
    This proposed rule will increase the level of security within the 
ports by reducing the number of vessels transiting the industrialized 
areas and limiting access to only those vessels that are conducting 
business with port industries. It restricts entry into the zones to all 
vessels except vessels engaged or assisting in commerce with waterfront 
facilities, vessels operated by port authorities, vessels operated by 
waterfront facilities within the security zones, and vessels operated 
by federal, state, county or municipal agencies. All other 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. 
Restricting access to these areas reduces potential methods of attack 
on vessels, waterfront facilities and adjacent population centers 
located within these zones.

Regulatory Evaluation

    This proposed 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 proposed 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. Due to the highly 
industrialized nature of these zones they are of limited interest to 
recreational boaters. Vessels engaged in or assisting in, commerce with 
facilities located within a zone 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. These security zones 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 zones from the Captain of the Port Houston-Galveston. 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 (Pub. L. 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.

[[Page 75833]]

Taking of Private Property

    This proposed rule would 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 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 2-1, 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, and 160.5; 49 CFR 1.46.

    2. Add Sec.  165.814 to read as follows:


Sec.  165.814  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 24180) 
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 latitude 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) 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 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: November 26, 2002.
K. S. Cook,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 02-31149 Filed 12-9-02; 8:45 am]
BILLING CODE 4910-15-P