[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Proposed Rules]
[Pages 31750-31752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11719]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Corpus Christi-02-003]
RIN 2115-AA97


Security Zones: Port of Port Lavaca-Point Comfort, Point Comfort, 
TX; Port of Corpus Christi Inner Harbor, Corpus Christi, TX; and Port 
of Brownsville, Brownsville, TX

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish permanent security zones 
to ensure the safety and security within Port of Port Lavaca-Point 
Comfort, Port of Corpus Christi, and Port of Brownsville. These 
security zones are needed to protect personnel, vessels, waterfront 
facilities, and national security interests in these ports from 
subversive actions by any group or groups of individuals whose 
objective is to destroy or disrupt maritime activities. Entry of 
recreational vessels, passenger vessels, or commercial fishing vessels 
into these zones would be prohibited unless specifically authorized by 
the Captain of the Port Corpus Christi or his designated 
representative.

DATES: Comments and related material must reach the Coast Guard on or 
before June 10, 2002.

ADDRESSES: You may mail comments and related material to the U.S. Coast 
Guard Marine Safety Office Corpus Christi, 555 N. Carancahua Street, 
Suite 500, Corpus Christi, Texas, 78478. Marine Safety Office Corpus 
Christi 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 Corpus Christi 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, Waterways Management Division, U.S. Coast Guard Marine Safety 
Office Corpus Christi, Texas, at (361) 888-3162.

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 
Corpus Christi-02-003), 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 they 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 Corpus Christi 
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. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets may be anticipated. In response to these 
terrorist acts and warnings, heightened awareness and security of our 
ports and harbors is necessary. The Captain of the Port, Corpus Christi 
is proposing to establish permanent security zones within the Port of 
Port Lavaca-Point Comfort, Port of Corpus Christi, and the Port of 
Brownsville.
    Restricting the access of recreational, passenger, and commercial 
fishing vessels reduces potential methods of attack on personnel, 
vessels and waterfront facilities within these zones. These security 
zones are designed to limit the access of vessels that do not have 
business to conduct with facilities or structures within these 
industrial areas. Entry of recreational vessels, passenger vessels, and 
commercial fishing vessels into these zones would be prohibited unless 
specifically authorized by the Captain of the Port Corpus Christi or 
his designated representative.
    A temporary final rule was published March 18, 2002 in the Federal 
Register (67 FR 11920) creating a security zone within the Corpus 
Christi Inner Harbor. The temporary rule restricts access of 
recreational, passenger, and commercial fishing vessels to the Inner 
Harbor. The proposed rule would make the Inner Harbor security zone 
permanent and would establish similar zones in the Port of Port Lavaca-
Point Comfort and Port of Brownsville.

Discussion of Proposed Rule

    Port Lavaca-Point Comfort is a heavily industrialized area with 
general cargo facilities, a liquid cargo ship terminal, and a liquid 
cargo barge terminal. Highways, rail service, and waterways combine to 
provide shippers with intermodal transportation options at these ports. 
Liquid cargoes include highly volatile materials such as anhydrous 
ammonia and butadiene. These materials, if released due to a terrorist 
attack, could cause wide spread harm and pollution to the surrounding 
cities of Port Lavaca, Point Comfort, Port O'Connor and Victoria. The 
Port of Port Lavaca-Point Comfort is located on the east side of Lavaca 
Bay and is accessible via the Matagorda Ship Channel. The channel has a 
controlling depth of 38 feet.
    The Port of Corpus Christi is the fourth largest petro-chemical 
port within the United States. A large number of petro-chemical 
waterfront facilities are located within the Inner Harbor. The Inner 
Harbor serves as a major industrial ship channel. The Port

[[Page 31751]]

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 is accessible via the 
Corpus Christi Channel and has a controlling depth of 45 feet.
    The Port of Brownsville is a developing industrial port that is 
becoming more important with the influence of the North American Free 
Trade Agreement (NAFTA). The Port of Brownsville has marine terminal 
operations covering both liquid and dry cargo handling. In addition, 
containerized cargo transportation is anticipated to increase within 
the port. Principal imports and exports include chemicals, clays, 
petroleum, grain, agricultural products, sulfur, steel, bulk minerals, 
ores, fertilizers and aluminum. The Port of Brownsville is accessible 
via the Brownsville Ship Channel and has a controlling depth of 42 
feet.
    The proposed rule would create security zones within the 
industrialized areas of these ports that would exclude recreational, 
passenger, and commercial fishing vessels from entering these areas. 
Many large commercial vessels and barges, primarily containing 
extremely flammable and hazardous materials, transit the industrial 
areas of these ports. This proposed rule would increase the level of 
security within the ports by reducing the number of vessels transiting 
the industrialized area and limiting access to only those vessels that 
are conducting business with port industries. All recreational, 
passenger, and commercial fishing vessels would be prohibited from 
entering the security zones without the permission of the Captain of 
the Port Corpus Christi or his designated representative.

Regulatory Evaluation

    This proposed 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 
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. This rule 
will not affect commercial traffic conducting business within the 
ports. Within these areas there are no marinas or other public 
businesses or docks that service recreational, passenger or commercial 
fishing vessels. As a result there would be little or no economic 
impact on recreational, passenger, and commercial fishing vessels or 
servicing entities. Vessels affected by this proposed rule may be 
permitted to enter the security zones on a case by case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 because recreational vessels, passenger vessels, and 
commercial fishing vessels do not normally conduct business within 
these industrialized areas. Should a recreational vessel, passenger 
vessel, or commercial fishing vessel need to enter one of these 
security zones to conduct business with a small entity, there is no 
cost and little burden associated with obtaining permission to enter 
from the Captain of the Port Corpus Christi via VHF Channel 16 or via 
telephone at (361) 888-3162.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
to the address under ADDRESSES explaining why you think it qualifies 
and how and to what degree this proposed 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 T.J. Hopkins, 
Waterways Management, U.S. Coast Guard Marine Safety Office Corpus 
Christi at (361) 888-3162.

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 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 will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 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 may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal

[[Page 31752]]

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 Effect

    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 M16475.1D, 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, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.809 to read as follows:


Sec. 165.809  Security Zones: Port of Port Lavaca-Point Comfort, Point 
Comfort, Texas; Port of Corpus Christi Inner Harbor, Corpus Christi, 
Texas; and Port of Brownsville, Brownsville, Texas.

    (a) Location. The following areas are designated as security zones:
    (1) Port of Port Lavaca-Point Comfort--all waters between the 
Dredge Island Bridge at 28 deg.39'30" N, 96 deg.34'20" W and a line 
drawn between points 28 deg.38'10" N, 96 deg.33'15" W and 28 deg.38'10" 
N, 96 deg.34'45" W including the Point Comfort turning basin and the 
adjacent Alcoa Channel. These coordinates are based upon NAD 1983.
    (2) Port of Corpus Christi Inner Harbor--all waters of the Christi 
Inner Harbor from the Inner Harbor Bridge (US HWY 181) to, and 
including, the Viola Turning Basin.
    (3) Port of Brownsville Navigation District--all waters of the 
Brownsville Ship Channel, from west of the entrance to the Brownsville 
Fishing Harbor to, and including, the Brownsville Turning Basin.
    (b) Regulations. (1) No recreational vessels, passenger vessels, or 
commercial fishing vessels may enter these security zones 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 these security zones must contact the 
Captain of the Port Corpus Christi or his designated representative. 
The Captain of the Port may be contacted via VHF Channel 16 or via 
telephone at (361) 888-3162 to seek permission to enter the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port, Corpus Christi or his 
designated representative.
    (3) Designated U.S. Coast Guard personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority of this 
section includes 33 U.S.C. 1226.

    Dated: April 22, 2002.
William J. Wagner III,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
[FR Doc. 02-11719 Filed 5-9-02; 8:45 am]
BILLING CODE 4910-15-P