[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Proposed Rules]
[Page 75831-75833]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-15]
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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