[Federal Register Volume 68, Number 210 (Thursday, October 30, 2003)]
[Rules and Regulations]
[Pages 61749-61751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27286]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[COTP Mobile-03-022]
RIN 1625-AA00


Security Zone; Bayou Casotte, Chevron Pascagoula Refinery, 
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]19'54'' N, 088[deg]30'37'' W to position 30[deg]20'42'' 
N, 088[deg]30'28'' W at the Chevron Pascagoula Refinery. This security 
zone is necessary to protect the Chevron Pascagoula refinery, persons, 
and vessels from destruction, loss, or injury from sabotage or other 
subversive acts, accidents, or other causes of a similar nature. 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 5 p.m. on September 24, 2003, until 
5 p.m. on March 24, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Mobile-03-022] 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

    On May 5, 2003, we published a temporary final rule (TFR) entitled 
``Security Zone; Bayou Casotte, Pascagoula, MS'' in the Federal 
Register (68 FR 23594) that expired at 5 p.m. on September 22, 2003. On 
July 7, 2003, we published a notice of proposed rulemaking (NPRM) 
entitled ``Security Zone; Bayou Casotte, Pascagoula, MS'' in the 
Federal Register (68 FR 40231). The geographic coordinates that defined 
the boundary of the proposed security zone were incorrect.
    We did not publish a notice of proposed rulemaking for this 
temporary final rule. 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 because 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 the 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.
    During the effective period of this temporary rule, the Coast Guard 
intends to publish a supplemental NPRM and provide sufficient time for 
public comments to be submitted. This SNPRM with corrected geographic 
coordinates for the proposed permanent security zone will be published 
in the Federal Register and all comments received will be considered 
before the Coast Guard imposes a final rule.

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 (68 FR 
53665, Sep. 10, 2003) (continuing the emergency declared with respect 
to terrorist attacks); (68 FR 55189, Sep. 18, 2003) (continuing 
emergency with respect to persons who commit, threaten to commit or 
support terrorism)). The President also has found pursuant to law, 
including 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]19'54'' N, 088[deg]30'37'' W to position 30[deg]20'42'' 
N, 088[deg]30'28'' W at the Chevron Pascagoula Refinery. These 
coordinates are based upon [NAD 83].
    This security zone is necessary protect the Chevron Pascagoula 
refinery, persons, and vessels from destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature. 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 with permission from the Captain of the Port Mobile or a 
designated representative.

[[Page 61750]]

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 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. Paragraph 
(34)(g) is applicable because this rule is establishing a security zone 
that will be effective for a period greater than one week.
    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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T08-135 is added to read as follows:


Sec.  165.T08-135  Security Zone; Bayou Casotte, Chevron Pascagoula 
Refinery, Pascagoula, MS.

    (a) Location. The following area is a security zone: All waters of 
Bayou Casotte east of a line drawn from position 30[deg]19'54'' N, 
088[deg]30'37'' W to position 30[deg]20'42'' N, 088[deg]30'28'' W at 
the Chevron Pascagoula Refinery. These coordinates are based upon [NAD 
83].
    (b) Effective period. This section is effective from 5 p.m. on 
September 24, 2003, until 5 p.m. on March 24, 2004.
    (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.

[[Page 61751]]

    (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 a designated 
representative.

    Dated: September 23, 2003.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 03-27286 Filed 10-29-03; 8:45 am]
BILLING CODE 4910-15-P