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Security Zone; Houston Ship Channel and Adjacent Waterways Between Buffalo Bayou and Morgans Point, Houston, TX
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2004 (Volume 69, Number 14)]
[Rules and Regulations]
[Page 3006-3008]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Houston-Galveston-03-004]
RIN 1625-AA00
Security Zone; Houston Ship Channel and Adjacent Waterways
Between Buffalo Bayou and Morgans Point, Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
the Houston Ship Channel and all associated turning basins including a
portion of the San Jacinto River. This security zone is needed to
protect vessels, waterfront facilities, the public, and other
surrounding areas from destruction, loss, or injury caused by sabotage,
subversive acts, accidents, or other actions of a similar nature
performed by individuals or groups reacting to current world events.
All vessels carrying Certain Dangerous Cargoes (CDCs) are prohibited
from entering into, departing from or moving within the security zone
unless authorized to do so by the Captain of the Port Houston-Galveston
or a designated representative and escorted by a Coast Guard vessel.
Additionally, vessels desiring to anchor or moor within the security
zone must have permission from the Captain of the Port Houston-
Galveston or a designated representative.
DATES: This rule is effective from 12:01 a.m. on December 25, 2003,
through 6 a.m. on March 1, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Houston-Galveston-03-004]
and are
available for inspection or copying at U.S. Coast Guard Marine Safety
Office Houston-Galveston, 9640 Clinton Dr., Houston, TX 77029 between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander (CDR) Thomas Marian,
Commanding Officer, Vessel Traffic Service Houston/Galveston, Houston,
TX at (713) 671-5164.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. 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. National security and
intelligence officials continue to warn that future terrorist attacks
against the United States interests are likely. Publishing an NPRM and
delaying the rule's effective date would be contrary to public interest
because immediate action is needed to protect vessels, waterfront
facilities, and the public from destruction, loss, or injury due to
sabotage or other subversive acts performed by individuals or groups
reacting to current world events.
Background and Purpose
On September 11, 2001, terrorists attacked both towers of the World
Trade Center and the Pentagon. The President has continued the national
emergencies that he declared following those attacks (68 FR 53665, Sep.
10, 2003, continuing the emergency declared with respect to terrorist
attacks; 68 FR 55189, Sep. 18, 2003, 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
continues to be endangered following those terrorist attacks (E.O.
13273, 67 FR 56215, Sep. 3, 2002, security of U.S. endangered by
disturbances in its international relations and such disturbances
continue to endanger such relations).
In response to those terrorist acts and current international
events, heightened awareness for the security and safety of all
vessels, ports, and harbors is necessary. This security zone is needed
to protect vessels, waterfront facilities, the public, and other
surrounding areas from destruction, loss, or injury caused by sabotage,
subversive acts, accidents, or other actions of a similar nature
performed by individuals or groups reacting to current world events.
Discussion of Rule
The Captain of the Port Houston-Galveston is establishing a
temporary security zone for the Houston Ship Channel between Morgans
Point (that portion of the Houston Ship Channel north and west of a
line drawn between Houston Ship Channel Lights 89A and 90A) and the
entrance of Buffalo Bayou and adjoining waterways. This security zone
is part of a comprehensive port security regime designed to safeguard
human life, vessels, and waterfront facilities against sabotage or
terrorist attacks.
All vessels carrying or controlling vessels carrying CDCs are
prohibited from entering, leaving, or moving within the security zone
unless authorized by the Captain of the Port Houston-Galveston or
designated representative and escorted by a Coast Guard vessel. To
minimize the potential for vessels transporting CDCs to be delayed
while waiting for a Coast Guard escort, it is highly recommended that
those vessels contact the COTP Houston-Galveston at least four hours
prior to the anticipated time they intend to enter, depart or move
within the security zone. Additionally, it is strongly encouraged that
vessels carrying or controlling vessels carrying CDCs plan their
transits into, out of, and through the security zone to occur between 8
a.m. and 6 p.m. daily as Coast Guard escort resources are limited
during night-time periods. In Houston, vessels can contact the COTP
through Vessel Traffic Service Houston/Galveston on VHF Channel 5A, by
telephone at (713) 671-5103 or by facsimile at (713) 671-5159.
This rule is effective from 12:01 a.m. on December 25, 2003,
through 6 a.m. on March 1, 2004.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
While vessels carrying or controlling another vessel carrying CDCs
will need authorization to transit the zone, the Coast Guard expects
minimal interference with or delay to their passage. Proactive measures
that vessels carrying or controlling vessels carrying CDCs can take to
minimize the potential for delays to occur are noted within this
preamble. Notifications to the marine community will be made through
broadcast notice to mariners.
This security zone is temporary in nature. The Coast Guard will
issue an NPRM should it consider making this rule permanent.
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
[[Page 3007]]
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 may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Houston Ship Channel and all associated turning basins
including that portion of the San Jacinto River from its mouth north to
the Interstate 10 highway bridge, bounded by a line drawn between
Houston Ship Channel Light 89A (LLNR-23347) and Houston Ship Channel
Light 90A (LLNR-23350) 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 1000 yards of
connecting waterways with the exception of the San Jacinto River as set
forth above between 12:01 a.m. on December 25, 2003, through 6 a.m. on
March 1, 2004. This rule will not have a significant economic impact on
a substantial number of small entities for the reasons enumerated under
the section entitled Regulatory Evaluation.
If you are a small business entity and are significantly affected
by this regulation please contact CDR Thomas Marian, Vessel Traffic
Service Houston/Galveston at (713) 671-5164.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1 paragraph (34)(g) of the instruction, from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in NEPA.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. A new temporary Sec. 165.T08-162 is added to read as follows:
Sec. 165.T08-162 Security Zone; Houston Ship Channel and adjacent
waterways between Buffalo Bayou and Morgans Point, Houston, TX.
(a) Location. The following area is a security zone: The Houston
Ship Channel and all associated turning basins including that portion
of the San Jacinto River from its mouth north to the Interstate 10
highway bridge, bounded
[[Page 3008]]
by a line drawn between Houston Ship Channel Light 89A (LLNR-23347) and
Houston Ship Channel Light 90A (LLNR-23350) 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
1000 yards of connecting waterways with the exception of the San
Jacinto River as set forth above.
(b) Effective period. This section is effective from 12:01 a.m. on
December 25, 2003, through 6 a.m. on March 1, 2004.
(c) Definitions. As used in this section--
(1) Certain Dangerous Cargoes or (CDCs) includes--
(i) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(ii) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(iii) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101
that is also a ``material poisonous by inhalation'' as defined in 49
CFR 171.8, and that is in a quantity in excess of 1 metric ton per
vessel or barge.
(iv) Division 5.1 oxidizing materials for which a permit is
required under 49 CFR 176.415 or, for which a permit is required as a
condition of a Research and Special Programs Administration exemption.
(v) A liquid material that has a primary or subsidiary
classification of 6.1 ``poisonous material'' as listed in 49 CFR
172.101 that is also a ``material poisonous by inhalation'', as defined
in 49 CFR 171.8 and that is in a bulk packaging, or that is in a
quantity in excess of 20 metric tons per vessel or barge when not in a
bulk packaging.
(vi) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment'', as defined in 49
CFR 173.403.
(vii) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that
is flammable and/or toxic and carried under 46 CFR 154.7.
(viii) The following bulk liquids--
(A) Acetone cyanohydrin,
(B) Allyl alcohol,
(C) Chlorosulfonic acid,
(D) Crotonaldehyde,
(E) Ethylene chlorohydrin,
(F) Ethylene dibromide,
(G) Methacrylonitrile,
(H) Oleum (fuming sulfuric acid), and
(I) Propylene oxide.
(2) CDC Vessel means any vessel carrying or controlling another
vessel that is carrying CDCs.
(d) Regulations. (1) Under Sec. 165.33, entry into, departure
from, and movement within this zone by a CDC vessel is prohibited
unless authorized by the Captain of the Port (COTP) Houston-Galveston
or designated representative and conducted with a Coast Guard vessel
escort. CDC vessels desiring to remain within the zone while moored or
at anchor are prohibited from doing so without prior authorization from
the COTP Houston-Galveston or designated representative.
(2) CDC vessels must request permission to enter into, depart from,
move within, or remain in the security zone described in paragraph (a)
of this section by contacting Vessel Traffic Service (VTS) Houston/
Galveston on VHF channel 5A, by telephone at (713) 671-5103, or by
facsimile at (713) 671-5159.
(3) To avoid delays while waiting for a Coast Guard escort to
arrive on scene, CDC vessels should contact VTS Houston/Galveston on
VHF channel 5A, by telephone at (713) 671-5103, or by facsimile at
(713) 671-5159 at least 4 hours prior to the time the CDC vessel
anticipates entering into, departing from, or moving within the
security zone. Additionally, as escort resources are limited during
nighttime periods, it is highly recommended that CDC vessels only plan
to transit into, out of, or through the security zone between 8 a.m.
and 6 p.m. daily.
(4) All persons and vessels must comply with the instructions of
the Captain of the Port Houston-Galveston and designated personnel.
Designated personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard.
Dated: December 24, 2003.
Richard M. Kaser,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 04-1327 Filed 1-21-04; 8:45 am]
BILLING CODE 4910-15-P