[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Proposed Rules]
[Pages 40345-40346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Mobile-03-013]
RIN 1625-AA87 (Formerly 1625-AA00)


Security Zone; Bayou Casotte, Pascagoula, MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking concerning the establishment of a permanent security zone 
for the waters of Bayou Casotte around the Chevron Pascagoula refinery.

[[Page 40346]]

Under the Maritime Transportation Security Act of 2002, owners or 
operators of this facility will be required to take specific action to 
improve facility security. As such, a security zone around this 
facility will no longer be necessary under normal conditions.

DATES: This notice of proposed rulemaking is withdrawn on July 2, 2004.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2003, the Coast Guard published a notice of proposed 
rulemaking entitled ``Security Zone; Bayou Casotte, Pacagoula, MS'' in 
the Federal Register (68 FR 40231). This proposed rule concerned the 
establishment of a permanent security zone for the waters of Bayou 
Casotte around the Chevron Pascagoula refinery. The proposed security 
zone would have protected the Chevron Pascagoula refinery, persons, and 
vessels from subversive or terrorist acts. Entry of persons or vessels 
into the security zone would have been prohibited unless authorized by 
the Captain of the Port Mobile or a designated representative.

Withdrawal

    Under the authority of the Maritime Transportation Security Act of 
2002, the Coast Guard published a final rule on October 22, 2003 
entitled ``Facility Security'' in the Federal Register (68 FR 60515) 
that established 33 CFR part 105. That final rule became effective 
November 21, 2003, and provides security measures for certain 
facilities, including the Chevron Pascagoula Refinery. Section 105.200 
of 33 CFR requires owners or operators of this facility to designate 
security officers for facilities, develop security plans based on 
security assessments and surveys, implement security measures specific 
to the facility's operations, and comply with Maritime Security Levels. 
Under 33 CFR 105.115, the owner or operator of this facility must, by 
December 31, 2003, submit to the Captain of the Port, a Facility 
Security Plan as described in subpart D of 33 CFR part 105, or if 
intending to operate under an approved Alternative Security Program as 
described in 33 CFR 101.130, a letter signed by the facility owner or 
operator stating which approved Alternative Security Program the owner 
or operator intends to use. Section 105.115 also requires the facility 
owner or operator to be in compliance with 33 CFR part 105 on or before 
July 1, 2004. As a result of these enhanced security measures, the 
security zone around the Chevron Pascagoula Refinery will no longer be 
necessary under normal conditions.
    This action is taken under the authority of 33 U.S.C. 1226, 1231; 
46 U.S.C. Chapter 701; 50 U.S.C. 191; 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.

    Dated: June 21, 2004.
G.T. Croot,
Commander, U.S. Coast Guard, Acting Captain of the Port Mobile.
[FR Doc. 04-15114 Filed 7-1-04; 8:45 am]
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