[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Rules and Regulations]
[Pages 64044-64046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26512]


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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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

DATES: This rule is effective beginning 8 a.m. October 15, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP Corpus Christi-02-003] 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, 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Thomas 
Hopkins, Marine Safety Office Corpus Christi at (361) 888-3162 x303.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 10, 2002, the Coast Guard published a notice of proposed 
rule making (NPRM) entitled ``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'', in the Federal 
Register (67 FR 31750). We received seven letters commenting on the 
proposed rule, including requests for a public hearing on the proposed 
Port of Brownsville zone. No public hearing was held as we have decided 
not to implement the proposed security zone for the Port of Brownsville 
at this time.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that 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 United 
States interests are likely. The temporary final rule published in the 
Federal Register on March 18, 2002 (67 FR 11922) as amended on June 7, 
2002 (67 FR 39301) expires on October 15, 2002. This rule replaces the 
original temporary final rule. Any delay in making this rule effective 
would be contrary to the public interest because action is necessary to 
protect against the possible loss of life, injury, or damage to 
property.

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 continued warnings, heightened awareness for the 
security and safety of all vessels, ports and harbors is necessary. The 
Captain of the Port, Corpus Christi is establishing permanent security 
zones within the Port of Port Lavaca-Point Comfort, Point Comfort, TX 
and the Port of Corpus Christi Inner Harbor, Corpus Christi, TX.
    These security zones are around highly industrialized areas with 
concentrated commercial facilities considered critical to national 
security. Restricting the access of recreational, passenger, and 
commercial fishing vessels increases the opportunity for detection and 
reduces potential methods of attack on personnel, vessels and 
waterfront facilities within these zones.
    The 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, or commercial fishing vessels into these zones is prohibited 
unless specifically authorized by the Captain of the Port Corpus 
Christi or his designated representative.

Discussion of Comments and Changes

    We received seven comments on the proposed rule. Six of these 
comments opposed the creation of a security zone in the Brownsville 
Ship Channel because of the impact it might have on the local fishing 
industry. Five of these comments addressed what they considered to be a 
lack of sufficient threat in this area to require a security zone. 
After evaluating the comments received and touring the area in question 
with local port and recreational fishing representatives, the Coast 
Guard has determined there is not a need establish the proposed 
security zone for the Port of Brownsville in the current threat 
environment.
    One comment was received on the proposed security zone for Port 
Lavaca-Point Comfort. The commenter was under the mistaken impression 
that the security zone would be for the entirety of Lavaca bay. Once 
the concerned party was made aware of the limited location of the 
proposed security zone, there was no objection to the zone for this 
area.
    There were no comments received concerning the proposed security 
zone

[[Page 64045]]

for the Port of Corpus Christi Inner Harbor.
    We have made no substantive changes to the provisions of the 
proposed rule for Port of Point Lavaca-Point Comfort and the Corpus 
Christi Inner Harbor security zones.

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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    We expect 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. This rule does 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 and 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 final rule may be permitted by the Captain of 
Port Corpus Christi 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 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 industrial 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 are a small business entity and are significantly affected 
by this regulation please contact LTJG Hopkins at (361) 888-3162 ext. 
303 or at the address listed under ADDRESSES.

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 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. 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.lD, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant adverse 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.

[[Page 64046]]

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, and 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, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, 
TX.

    (a) Location. The following areas are designated as a security 
zone:
    (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 Corpus 
Christi Inner Harbor from the Inner Harbor Bridge (US HWY 181) to, and 
including the Viola 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 transit 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 representatives include U.S. Coast Guard 
commissioned, warrant, and petty officers.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: September 25, 2002.
William J. Wagner, III,
Captain, U.S. Coast Guard, Captain of the Port, Corpus Christi.
[FR Doc. 02-26512 Filed 10-15-02 12:57 pm]
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