[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39299-39301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14357]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Corpus Christi-02-001]
RIN 2115-AA97
Security Zone; Corpus Christi Inner Harbor, Corpus Christi, TX
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the effective period of the
Corpus Christi Inner Harbor security zone published March 18, 2002.
This change will extend the effective period for the established
security zone until October 15, 2002, allowing adequate time for a
proposed permanent rule to be developed through informal rulemaking.
This temporary rule prohibits entry of recreational vessels, passenger
vessels, or commercial fishing vessels into this zone unless
specifically authorized by the Captain of the Port Corpus Christi.
DATES: Section 165.T08-016, added at 67 FR 11922, March 18, 2002,
effective February 20, 2002, until June 15, 2002 is extended and will
remain in effect through 8 a.m. October 15, 2002.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Corpus
Christi, 555 N. Carancahua Street, Suite 500, Corpus Christi, Texas,
78478 between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) T. J.
Hopkins, Chief, Waterways Section, Coast Guard Captain of the Port
Corpus Christi, at (361) 888-3162.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 18, 2002, we published a temporary final rule entitled
``Security Zone; Corpus Christi Inner Harbor, Corpus Christi, TX'' in
the Federal Register (67 FR 11920). The effective period for this rule
was from February 20, 2002 until June 15, 2002.
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. The original temporary final
rule was urgently required to respond to potential security risks
associated with recreational, passenger, or commercial fishing vessels
entering the Corpus Christi Inner Harbor. It was anticipated that we
would assess the security environment at the end of the effective
period to determine whether continuing security measures were required.
We have determined that the need for a continued security zone
regulation exists and we published an NPRM on May 10, 2002 (67 FR
31750), which included a proposal to make the existing Corpus Christi
Inner Harbor Security Zone permanent. The Coast Guard will utilize the
extended effective period of this temporary final rule to continue to
engage in notice and comment rulemaking for the proposed permanent
rule.
Under 5 U.S.C. 553 (d) (3), good cause exists for making this
temporary rule effective less than 30 days after publication in the
Federal Register. This extension preserves the status quo within the
Port of Corpus Christi while permanent rules are developed. There is no
indication that the present temporary final rule has been burdensome on
the public. Delaying the effective date of the rule would be contrary
to public interest since action is needed to continue to respond to
existing security risks.
Background and Purpose
On September 11, 2001, both towers of the World Trade Center and
the Pentagon were attacked by terrorists. National security and
intelligence officials have warned that future terrorist attacks
against civilian targets
[[Page 39300]]
may be anticipated. In response to these terrorist acts, heightened
awareness and security of our ports and harbors is necessary therefore,
the Captain of the Port, Corpus Christi is extending the temporary
security zone within the Corpus Christi Inner Harbor. The Port of
Corpus Christi is the fourth largest petro-chemical port within the
United States. A large number of these petro-chemical waterfront
facilities are located within the Inner Harbor that serves as a major
industrial channel. These petro-chemical waterfront facilities conduct
business with both United States and foreign deep draft vessels. The
Port of Corpus Christi is also designated as an alternate military
strategic load-out port with docks and facilities located within the
Inner Harbor. These docks and facilities are vital to the national
security interest of the United States.
The Inner Harbor channel is approximately 8 miles long and 300-800
feet wide, and has a controlling depth of 45 feet. Restricting the
access of recreational, passenger and commercial fishing vessels
reduces potential methods of attack on a vessel or waterfront facility
within the zone. This security zone is designed to limit the access of
vessels that do not have business to conduct with facilities or
structures within the Corpus Christi Inner Harbor. Entry of
recreational vessels, passenger vessels, or commercial fishing vessels
into this zone is prohibited unless specifically authorized by the
Captain of the Port Corpus Christi.
The temporary security zone was to expire on June 15, 2002. In
order to provide continuous protection while a permanent zone is being
promulgated through notice and comment rulemaking, the Coast Guard is
extending the effective date of this zone until October 15, 2002.
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 rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary. Recreational
vessels, passenger vessels, and commercial fishing vessels do not
frequent the Corpus Christi Inner Harbor. The Inner Harbor is an
industrial area primarily used for bulk material transfers. Should a
recreational vessel, passenger vessel, or commercial fishing vessel
need to enter the Inner Harbor to conduct business with a small entity,
there is no cost and little burden associated with obtaining permission
from the Captain of the Port prior to entry.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 for the reasons enumerated under the Regulatory Evaluation
above. If you are a small business entity and are significantly
affected by this regulation please contact LTJG T.J. Hopkins, Chief
Waterways Section, Coast Guard Captain of the Port Corpus Christi at
(361) 888-3162.
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 an expenditure, we
do 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 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 Effect
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That
[[Page 39301]]
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. 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, 160.5; 49 CFR 1.46.
2. In temporary Sec. 165.T08-016, revise paragraph (b) to read as
follows:
Sec. 165.T08-016 Security Zone; Corpus Christi Inner Harbor, Corpus
Christi, Texas.
* * * * *
(b) Effective dates. This section is effective from 8 a.m. on
February 20, 2002 through 8 a.m. on October 15, 2002.
* * * * *
Dated: May 29, 2002.
M.E. Maes,
Commander, Coast Guard, Acting, Captain of the Port Corpus Christi.
[FR Doc. 02-14357 Filed 6-6-02; 8:45 am]
BILLING CODE 4910-15-P