Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Rules and Regulations 67301

Akron, OH, Akron-Canton Regional, RNAV DATES: This section is effective from 8 on how to comment on the proposed (GPS) RWY 14, Orig a.m. on October 15, 2002 through 8 a.m. rule. As a result of these comments and Akron, OH, Akron-Canton Regional, RNAV on April 15, 2003. to reflect changes in the size of the (GPS) RWY 32, Orig ADDRESSES: Documents indicated in this security zones in this rule the Coast * * * Effective January 23, 2003 preamble as being available in the Guard intends to issue a supplemental Dumas, AR, Billy Free Municipal, NDB RWY docket, are part of docket [COTP notice of proposed rule making and 36, Orig-A, CANCELLED Houston-Galveston-02–018] and are reopen the comment period. Mountain View, AR, Mountain View Wilcox available for inspection or copying at Background and Purpose Memorial Field, NDB–A, Amdt 2 U.S. Coast Guard Marine Safety Office St. Petersburg-Clearwater, FL, St. Petersburg- Houston-Galveston, 9640 Clinton Dr, On September 11, 2001, both towers Clearwater Intl, VOR/DME RWY 17L, Orig of the World Trade Center and the St. Petersburg-Clearwater, FL, St. Petersburg- Galena Park, TX 77547 between 8 a.m. and 3:30 p.m., Monday through Friday, Pentagon were attacked by terrorists. Clearwater Intl, VOR RWY 17L, Amdt 11B, The President has continued the CANCELLED except Federal holidays. Dallas-Fort Worth, TX, Dallas-Fort Worth national emergencies he declared FOR FURTHER INFORMATION CONTACT: following those attacks (67 FR 58317 Intl, CONVERGING ILS RWY 18L, Amdt Lieutenant Junior Grade (LTJG) George 3D, CANCELLED (Sep. 13, 2002) (continuing the Dallas-Fort Worth, TX, Dallas-Forth Worth Tobey, Port Waterways Management, emergency declared with respect to Intl, ILS RWY 18L, Amdt 17C, Marine Safety Office Houston- terrorist attacks); 67 FR 59447 (Sep. 20, CANCELLED Galveston, TX at (713) 671–5100. 2002) (continuing emergency with Dallas-Fort Worth, TX, Dallas-Fort Worth SUPPLEMENTARY INFORMATION: respect to persons who commit, threaten Intl, VOR/DME RNAV RWY 31, Orig-A, to commit or support terrorism)). The CANCELLED Regulatory Information President also has found pursuant to Edna, TX, Jackson County, NDB or GPS–A, We did not publish a notice of Amdt 1, CANCELLED law, including the Magnuson Act (50 proposed rulemaking (NPRM) for this U.S.C. 191 et seq.), that the security of The FAA published the following rule. Under 5 U.S.C. 553(b)(B), the Coast the United States is and continues to be procedure in Docket No. 30323; Amdt. Guard finds that good cause exists for endangered following the terrorist No. 3023 to Part 97 of the Federal not publishing an NPRM and, under 5 attacks (E.O. 13,273, 67 FR 56215 (Sep. Aviation Regulations (Vol. 67, FR No. U.S.C. 553 (d)(3), good cause exists for 3, 2002) (security of U.S. endangered by 183, page 59159; dated Friday, making this rule effective less than 30 disturbances in international relations September 20, 2002) under section days after publication in the Federal of U.S. and such disturbances continue 97.29 effective October 31, 2002 which Register. to endanger such relations). In response is hereby rescinded: On June 11, 2002 the Coast Guard to these terrorist acts, heightened Camden, AR, Harrell Field, VOR/DME RWY published a temporary final rule awareness and security of our ports and 36 Amdt 9 entitled ‘‘Security Zones; Captain of the Camden, AR, Harrell Field, NDB RWY 18, harbors became necessary. To enhance Amdt 11 Port Houston-Galveston Zone’’ [COTP security the Captain of the Port Camden, AR, Harrell Field, RNAV (GPS) Houston-Galveston-02–011] (67 FR Houston-Galveston established RWY 18, Orig 39851). This rule was required to temporary security zones published in Camden, AR, Harrell Field, RNAV (GPS) respond to security concerns within the the Federal Register on June 11, 2002 RWY 36, Orig Captain of the Port Houston-Galveston (67 FR 39851). The original rule [FR Doc. 02–27847 Filed 11–4–02; 8:45 am] zone following the September 11, 2001 established security zones within the BILLING CODE 4910–13–M attacks on the World Trade Center ports of Houston, Bayport, Texas City towers in New York City and the and Freeport, TX. Pentagon in Washington DC. October In order to provide continuous DEPARTMENT OF TRANSPORTATION 15, 2002 is the expiration date of that protection while permanent zones are rule. being promulgated through notice and Coast Guard National security and intelligence comment rule making the Coast Guard officials continue to warn that future is establishing a new temporary final 33 CFR Part 165 terrorist attacks against United States rule for the ports of Houston, Morgan’s [COTP Houston-Galveston-02–018] interests are likely. The Captain of the Point, Bayport, Texas City and Freeport, Port Houston-Galveston is establishing a TX. This rule establishes distinct RIN 2115–AA97 new temporary final rule that security zones in these areas with slight encompasses many of the same areas modifications from the previous rule Security Zones; Captain of the Port covered in the expiring rule. Any delay and includes the addition of a new zone Houston-Galveston Zone in making this new rule effective would for Morgan’s Point, TX. The Morgan’s AGENCY: Coast Guard, DOT. be contrary to the public interest Point security zone was originally ACTION: Temporary final rule. because immediate action is necessary proposed in the NPRM published on to protect against the possible loss of June 11, 2002 (67 FR 39919). We SUMMARY: The Coast Guard is life, injury, or damage to property. received no comments or objections establishing security zones within the On June 11, 2002, we published an regarding the security zone for Morgan’s ports of Houston, Morgan’s Point, NPRM entitled ‘‘Security Zones; Captain Point. Bayport, Texas City, and Freeport, of the Port Houston-Galveston Zone’’ These zones are being established to Texas. These zones are being [COTP Houston-Galveston-02–009] (67 protect waterfront facilities, persons, established to protect waterfront FR 39919). The NPRM proposed to and vessels from subversive or terrorist facilities, persons, and vessels from replace the existing temporary security acts. They are being established around subversive or terrorist acts. Entry of zones with permanent zones. The areas concentrated with commercial persons and vessels into these zones is comment period for the NPRM expired facilities considered critical to national prohibited except as authorized by this on August 12, 2002. We received only security. This rule is designed to restrict rule or by the Captain of the Port two comments on this rule and both of access to vessels engaged, or assisting in Houston-Galveston. these comments asked for information commerce with waterfront facilities

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within the security zones, vessels northern point at 28°56′27″ N, 95°20′00″ could better evaluate its effects on them operated by port authorities, vessels W, and the southern point 28°56′09″ N, and participate in the rulemaking operated by waterfront facilities within 95°20′00″ W. process. the security zones, and vessels operated Small businesses may send comments Regulatory Evaluation by federal, state, county or municipal on the actions of Federal employees agencies. By limiting access to these This rule is not a ‘‘significant who enforce, or otherwise determine areas the Coast Guard is increasing the regulatory action’’ under section 3(f) of compliance with, Federal regulations to opportunity for detection and reducing Executive Order 12866 and does not the Small Business and Agriculture potential methods of attack on vessels, require an assessment of potential costs Regulatory Enforcement Ombudsman waterfront facilities within the security and benefits under section 6(a)(3) of that and the Regional Small Business zones, and adjacent population centers Order. The Office of Management and Regulatory Fairness Boards. The located near the zones. Budget has not reviewed it under that Ombudsman evaluates these actions The size of the Houston security zone Order. It is not ‘‘significant’’ under the annually and rates each agency’s remains unchanged from the original regulatory policies and procedures of responsiveness to small business. If you rule and NPRM. It includes the Houston the Department of Transportation (DOT) wish to comment on actions by Ship Channel and all associated turning (44 FR 11040, February 26, 1979). employees of the Coast Guard, call 1– basins, bounded by a line drawn The Coast Guard expects the 888–REG–FAIR (1–888–734–3247). between Houston Ship Channel Light economic impact of this proposal to be 132 and Houston Ship Channel Light so minimal that a full Regulatory Collection of Information 133 west to the T & N Rail Road Swing Evaluation under paragraph 10(e) of the This rule calls for no new collection Bridge at the entrance to Buffalo Bayou, regulatory policies and procedures of of information under the Paperwork including all waters adjacent to the ship DOT is unnecessary. The impacts on Reduction Act of 1995 (44 U.S.C. 3501– channel from shoreline to shoreline and routine navigation are expected to be 3520). the first 200 yards of connecting minimal. Vessels engaged or assisting, waterways. in commerce with facilities located Federalism The Morgan’s Point security zone within the zones or having the express A rule has implications for federalism includes the waters of Barbours Cut permission of the Captain of the Port under Executive Order 13132, Ship Channel and Turning Basin west of Houston-Galveston, are authorized entry Federalism, if it has a substantial direct a line drawn between Junction Light under this rule. effect on State or local governments and ‘‘Barbours Cut’’ and Houston Ship would either preempt State law or Small Entities Channel Light 91. impose a substantial direct cost of The security zone for Bayport is being Under the Regulatory Flexibility Act compliance on them. We have analyzed increased to create a zone slightly larger (5 U.S.C. 601–612), we have considered this rule under that Order and have than that published in the original rule whether this rule would have a determined that it does not have and NPRM. This will have a minimal significant economic impact on a implications for federalism. impact on vessel traffic because the substantial number of small entities. northern portion of the ship channel The term ‘‘small entities’’ comprises Unfunded Mandates Reform Act remains open. The Bayport security small businesses, not-for-profit The Unfunded Mandates Reform Act zone includes all waters of the Port of organizations that are independently of 1995 (2 U.S.C. 1531–1538) requires Bayport, Bayport Ship Channel and owned and operated and are not Federal agencies to assess the effects of Bayport Turning Basin south of latitude dominant in their fields, and their discretionary regulatory actions. In 29°36′45″ N and west of the Bayport governmental jurisdictions with particular, the Act addresses actions Ship Channel Light 9. populations of less than 50,000. that may result in the expenditure by a The security zone for Texas City The Coast Guard certifies under 5 State, local, or tribal government, in the increases the size of the zone to provide U.S.C. 605(b) that this rule will not have aggregate, or by the private sector of protection for facilities which were a significant economic impact on a $100,000,000 or more in any one year. previously just outside of the zone. The substantial number of small entities. Though this rule will not result in such Texas City security zone includes all This security zone will not have an expenditure, we so discuss the effects of waters of the Port of Texas City impact on a substantial number of small this rule elsewhere in this preamble. Channel, Turning Basin and Industrial entities because this rule will not Canal containing South and West of a obstruct the regular flow of commercial Taking of Private Property line drawn from Texas City Channel vessel traffic conducting business This rule will not affect a taking of Light 19 through Cut B Inner Range within the zones. Other vessels may private property or otherwise have Front Light and terminating on land in seek permission for entry into the zone taking implications under Executive position 29°23′16″ N, 94°53′15″ W. from the Captain of the Port Houston- Order 12630, Governmental Actions and The security zones for Freeport have Galveston. Interference with Constitutionally been modified to reflect the zones as If you are a small business entity and Protected Property Rights. they are described in the NPRM. These are significantly affected by the zones are slightly smaller than those in regulation please contact LTJG George Civil Justice Reform the original rule and are now drawn Tobey at U.S. Coast Guard Marine This rule meets applicable standards along more natural boundaries. The Safety Office Houston-Galveston, TX at in sections 3(a) and 3(b)(2) of Executive Dow Barge Canal security zone contains (713) 671–5100. Order 12988, Civil Justice Reform, to all waters bounded by its junction with minimize litigation, eliminate the Intracoastal Waterway from a line Assistance for Small Entities ambiguity, and reduce burden. drawn between an eastern point at Under section 213(a) of the Small 28°56′48″ N, 95°18′20″ W and a western Business Regulatory Enforcement Protection of Children point at 28°56′40″ N, 95°18′33″ W. The Fairness Act of 1996 (Public Law 104– We have analyzed this rule under Brazos Harbor security zone contains all 121), we offered to assist small entities Executive Order 13045, Protection of waters west of a line drawn between the in understanding the rule so that they Children from Environmental Health

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Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 1231; 50 U.S.C. 191; (iii) Vessels providing direct an economically significant rule and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; operational/logistic support to does not create an environmental risk to 49 CFR 1.46. commercial vessels within these zones; health or risk to safety that may 2. A new temporary § 165.T08–108 is (iv) Vessels operated by the disproportionately affect children. added to read as follows: appropriate port authority or by facilities located within these zones; Indian Tribal Governments § 165.T08–108 Security Zones; Captain of and This rule does not have tribal the Port Houston-Galveston Zone. (v) Vessels operated by Federal, State, implications under Executive Order (a) Location. The following areas are county, or municipal agencies. 13175, Consultation and Coordination designated as security zones: (2) Other persons or vessels requiring with Indian Tribal Governments, (1) Houston, TX. The Houston Ship entry into a zone described in this because it does not have a substantial Channel and all associated turning section must request express permission direct effect on one or more Indian basins, bounded by a line drawn to enter from the Captain of the Port tribes, on the relationship between the between Houston Ship Channel Light Houston-Galveston, or his designated Federal Government and Indian tribes, 132 (LLNR–24445) and Houston Ship representative. or on the distribution of power and Channel Light 133 (LLNR–24450) west (3) To request permission as required responsibilities between the Federal to the T & N Rail Road Swing Bridge at by these regulations contact ‘‘Houston Government and Indian tribes. the entrance to Buffalo Bayou, including Traffic’’ via VHF Channels 11/12 or via Energy Effects all waters adjacent to the ship channel phone at (713) 671–5103. from shoreline to shoreline and the first (4) All persons and vessels shall We have analyzed this rule under 200 yards of connecting waterways. comply with the instructions of the Executive Order 13211, Actions (2) Morgan’s Point, TX. The Barbours Captain of the Port Houston-Galveston Concerning Regulations That Cut Ship Channel and Turning Basin and designated on-scene U.S. Coast Significantly Affect Energy Supply, containing all waters west of a line Guard patrol personnel. On-scene U.S. Distribution, or Use. We have drawn between Junction Light Coast Guard patrol personnel include determined that it is not a ‘‘significant ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ commissioned, warrant, and petty energy action’’ under that Order because W (LLNR–23525), and Houston Ship officers of the U.S. Coast Guard. it is not a ‘‘significant regulatory action’’ ° ′ ″ Channel Light 91, 29 41 00 N, Dated: October, 11 2002. under Executive Order 12866 and is not 94°59′00″ W (LLNR–23375) (NAD 1983). Kevin S. Cook, likely to have a significant adverse effect (3) Bayport, TX. The Port of Bayport, on the supply, distribution, or use of Captain, U.S. Coast Guard, Captain of the Bayport Ship Channel and Bayport Port Houston-Galveston. energy. It has not been designated by the Turning Basin containing all waters [FR Doc. 02–28090 Filed 11–4–02; 8:45 am] Administrator of the Office of south of latitude 29°36′45″ N and west Information and Regulatory Affairs as a of the Bayport Ship Channel Light 9 BILLING CODE 4910–15–P significant energy action. Therefore, it (LLNR–23295) (NAD 1983). does not require a Statement of Energy (4) Texas City, TX. The Port of Texas Effects under Executive Order 13211. City Channel, Turning Basin and ENVIRONMENTAL PROTECTION AGENCY Environment Industrial Canal containing all waters bounded by the area South and West of 40 CFR Part 2 We have considered the a line drawn from Texas City Channel environmental impact of this rule and Light 19 (LLNR 24810) through Cut B [OEI–2002–0005; FRL–7404–4] concluded that under figure 2–1, Inner Range Front Light (LLNR 24765) RIN 2025–AA04 paragraph 34(g), of Commandant and terminating on land in position Instruction M16475.1D, this rule is 29°23′16″ N, 94°53′15″ W (NAD 1983). categorically excluded from further Revised Freedom of Information Act (5) Freeport, TX. (i) The Dow Barge environmental documentation because Regulations Canal containing all waters bounded by this rule is not expected to result in any its junction with the Intracoastal AGENCY: Environmental Protection significant environmental impact as Waterway, by a line drawn between the Agency. described in the National eastern point at 28°56′48″ N, 95°18′20″ ACTION: Final rule. Environmental Policy Act of 1969 W, and the western point at 28°56′40″ (NEPA). A ‘‘Categorical Exclusion N, 95°18′33″ W (NAD 1983). SUMMARY: This document revises Determination’’ is available for (ii) The Brazos Harbor containing all subpart A of the Environmental inspection or copying where indicated waters west of a line drawn between the Protection Agency (EPA or Agency) under ADDRESSES. northern point at 28°56′27″ N, 95°20′00″ regulations implementing the Freedom List of Subjects in 33 CFR Part 165 W, and the southern point 28°56′09″ N, of Information Act (FOIA). EPA is 95°20′00″ W (NAD 1983) at its junction streamlining and condensing its Harbors, Marine safety, Navigation regulations, in accordance with the (water), Reporting and recordkeeping with the Old Brazos River Cut. (b) Effective dates. This section is principles of the National Performance requirements, Security measures, Review, and is using simpler language Waterways. effective from 8 a.m. on October 15, 2002 through 8 a.m. on April 15, 2003. whenever possible. In addition, the For the reasons discussed in the (c) Regulations. (1) Entry into these regulations contain new provisions preamble, the Coast Guard amends 33 zones is prohibited except for the implementing the Electronic Freedom of CFR part 165 as follows: following: Information Act Amendments of 1996 (i) Commercial vessels operating at (E-FOIA) and update cost figures for PART 165—REGULATED NAVIGATION calculating and charging fees. AREAS AND LIMITED ACCESS AREAS waterfront facilities within these zones; (ii) Commercial vessels transiting EFFECTIVE DATE: November 5, 2002. 1. The authority citation for part 165 directly to or from waterfront facilities FOR FURTHER INFORMATION CONTACT: continues to read as follows: within these zones; Betty A. Lopez, Records, Privacy and

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