[Federal Register: November 5, 2002 (Volume 67, Number 214)]
[Rules and Regulations]
[Page 67301-67303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no02-3]
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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]
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