[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Rules and Regulations]
[Pages 23594-23595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11036]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Mobile-03-009]
RIN 1625-AA00


Security Zone; Bayou Casotte, Pascagoula, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing all waters of Bayou Casotte east of a line drawn from 
position 30[deg]19'09''N, 88[deg]30'63''W to position 30[deg] 20'42''N, 
88[deg]30'51''W at the Chevron Pascagoula Refinery. This security zone 
is necessary to protect Chevron Pascagoula refinery, persons, and 
vessels from subversive or terrorist acts. Entry of persons or vessels 
into this security zone is prohibited unless authorized by the Captain 
of the Port Mobile or a designated representative.

DATES: This rule is effective from 8 a.m. on March 22, 2003, until 5 
p.m. on September 22, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Mobile-03-009) and are available 
for inspection or copying at Marine Safety Office Mobile, Brookley 
Complex, Bldg 102, South Broad Street, Mobile, AL 36615-1390 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Carolyn Beatty, 
Operations Department, Marine Safety Office Mobile, AL, at (251) 441-
5771.

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.
    National security and intelligence officials warn that future 
terrorist attacks against United States interests are likely. Current 
advisories of terrorist threats and the nature of the material handled 
at Chevron Pascagoula refinery make this rulemaking necessary for the 
protection of national security interests. Any delay in making this 
regulation 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.
    The Coast Guard will, during the effective period of this temporary 
rule, complete notice and comment rulemaking for a proposed permanent 
regulation.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. The President has continued 
the national emergencies he declared following those attacks (67 FR 
58317 (Sep. 13, 2002) (continuing the emergency declared with respect 
to terrorist attacks); 67 FR 59447 (Sep. 20, 2002) (continuing 
emergency with respect to persons who commit, threaten to commit or 
support terrorism)). The President also has found pursuant to law, 
including the Act of June 15, 1917, as amended August 9, 1950, by the 
Magnuson Act (50 U.S.C. 191 et seq.), that the security of the United 
States is and continues to be endangered following the terrorist 
attacks E.O. 13,273, 67 FR 56215 (Sep. 3, 2002) (security of U.S. 
endangered by disturbances in international relations of U.S and such 
disturbances continue to endanger such relations). In response to these 
terrorist acts and warnings, heightened awareness for the security and 
safety of all vessels, ports, and harbors is necessary. The Captain of 
the Port Mobile is establishing a temporary security zone encompassing 
all waters of Bayou Casotte east of a line drawn from position 30[deg] 
19'09''N, 88[deg] 30'63''W to position 30[deg] 20'42''N 88[deg] 
30'51''W at the Chevron Pascagoula Refinery. These coordinates are 
based upon (NAD 83). This security zone is necessary to protect the 
Chevron Pascagoula refinery, persons, and vessels from subversive or 
terrorist acts. Entry of persons or vessels into this security zone is 
prohibited unless authorized by the Captain of the Port Mobile or a 
designated representative.

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 Homeland 
Security (DHS).
    This rule will not obstruct the regular flow of vessel traffic and 
will allow vessel traffic to pass safely around the security zone. 
Vessels may be permitted to enter the security zone 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. The Coast Guard is unaware of any small entities that would 
be impacted by this rule. The navigable channel remains open to all 
vessel traffic.
    If you are a small business entity and are significantly affected 
by this regulation please contact LT Carolyn Beatty, Operations 
Department, Marine Safety Office, Mobile, AL, at (251) 441-5771.

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 they could better evaluate its 
effects on them and

[[Page 23595]]

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 
Executive Order 13132 and have determined that this rule 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1 paragraph (34)(g), of the instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in NEPA. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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

0
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; Department of Homeland Security 
Delegation No. 0170.


0
2. A new temporary Sec.  165.T08-020 is added to read as follows:


Sec.  165.T08-020  Security Zone; Chevron Pascagoula Refinery, 
Pascagoula, Mississippi.

    (a) Location. The following area is a security zone: all waters of 
Bayou Casotte east of a line drawn from position 30[deg]19'09''N, 
88[deg]30'63''W to position 30[deg]20'42''N, 88[deg]30'51''W at the 
Chevron Pascagoula Refinery. These coordinates are based upon [NAD 83].
    (b) Effective period. This section is effective from 8 a.m. on 
March 22, 2003 until 5 p.m. on September 22, 2003.
    (c) Regulations: (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Mobile or a designated representative.
    (2) Persons or vessels desiring to transit the area of the security 
zone may contact the Captain of the Port Mobile at telephone number 
(251) 441-5121 or on VHF channel 16 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 Mobile or his 
designated representative.

    Dated: March 22, 2003.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 03-11036 Filed 5-2-03; 8:45 am]
BILLING CODE 4910-15-P