[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Rules and Regulations]
[Pages 11920-11922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6363]


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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.

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SUMMARY: The Coast Guard is establishing a temporary security zone to 
ensure the security within the Corpus Christi Inner Harbor, Corpus 
Christi, TX, from the Inner Harbor Bridge to the Viola Turning Basin 
and all waters in between. The security zone is needed to protect 
personnel, vessels, waterfront facilities, and national security 
interests in this harbor from any and all subversive actions by any 
groups or individuals whose objective it is to destroy or disrupt 
maritime activities. 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.

DATES: This rule is effective from 8 a.m. on February 20, 2002 through 
8 a.m. on June 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Corpus Christi 02-001] and 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: LTJG C. J. Bright, Chief, Waterways 
Section, Coast Guard Captain of the Port Corpus Christi, 555 N. 
Carancahua St. Suite 500, Corpus Christi, Texas, 78478, (361) 888-3162.

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. Publishing a NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to respond to the security risks associated 
with recreational, passenger, or commercial fishing vessels entering 
the Corpus Christi Inner Harbor.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. 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 establishing a

[[Page 11921]]

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-to-
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.

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.

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. 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, such as a ship yard facility, there is no 
cost and little burden associated with obtaining permission from the 
Captain of the Port prior to entry.
    If you are a small business entity and are significantly affected 
by this regulation please contact LTJG C. J. Bright, 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 (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 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 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.

[[Page 11922]]

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. A new temporary Sec. 165.T08-016 is added to read as follows:


Sec. 165.T08-016  Security Zone; Corpus Christi Inner Harbor, Corpus 
Christi, Texas.

    (a) Location. The following area is a security zone: Corpus Christi 
Inner Harbor from the Inner Harbor Bridge to the Viola Turning Basin 
and all waters in between.
    (b) Effective dates. This section is effective from 8 a.m. on 
February 20, 2002 through 8 a.m. on June 15, 2002.
    (c) Authority. The authority for this section is 33 U.S.C. 1226, 33 
U.S.C. 1231, 33 CFR 1.05-1(g), and 49 CFR 1.46.
    (d) Regulations. (1) No recreational vessels, passenger vessels, or 
commercial fishing vessels may enter this security zone unless 
specifically authorized by the Captain of the Port Corpus Christi, or 
his designated representative.
    (2) Recreational vessels, passenger vessels and commercial fishing 
vessels requiring entry into this security zone must request permission 
from the Captain of the Port Corpus Christi, or his designated 
representative. They may be contacted via VHF Channel 16 or via 
telephone at (361) 888-3162.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port, Corpus Christi 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: February 20, 2002.
William J. Wagner III,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
[FR Doc. 02-6363 Filed 3-15-02; 8:45 am]
BILLING CODE 4910-15-U