[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Proposed Rules]
[Pages 9263-9265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3605]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Corpus Christi-04-006]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to remove an established security 
zone in the port of Port Lavaca-Point Comfort. Under the Maritime 
Transportation Security Act of 2002, owners or operators of local 
facilities are required to take specific action to improve facility 
security. As such, a security zone around local facilities will no 
longer be necessary under normal conditions. This proposed rule would 
remove an established security zone.

DATES: Comments and related material must reach the Coast Guard on or 
before March 28, 2005.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Corpus Christi, 555 N. Carancahua, Suite 500, Corpus Christi, TX 
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, 555 N. 
Carancahua, Suite 500, Corpus Christi, TX 78478, between 7:30 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Jay 
Michalczak, Marine Safety Office Corpus Christi, at (361) 888-3162, 
ext. 313.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting

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comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [COTP 
Corpus Christi-04-006], 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 plan to hold a public meeting. However, you may submit a 
request for a meeting by writing to Marine Safety Office Corpus 
Christi, 555 N. Carancahua, Suite 500, Corpus Christi, TX 78478 
explaining why one would be beneficial. If we determine that a public 
meeting would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    On October 17, 2002, the Coast Guard published a final rule 
entitled ``Security Zones; Port of Port Lavaca-Point Comfort, Point 
Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, 
TX'', in the Federal Register (67 FR 64046). That final rule 
established two security zones that appear in 33 CFR 165.809. The first 
security zone was entitled ``Port of Port Lavaca-Point Comfort'' and 
included 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 adjacent Alcoa Channel. The second 
security zone was entitled ``Port of Corpus Christi Inner Harbor and 
included all waters of the Corpus Christi Inner Harbor from the Inner 
Harbor Bridge (U.S. Hwy 181) to, and including the Viola Turning Basin.
    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 those facilities that exist on waterways in the 
Port of Port Lavaca-Point Comfort area. Section 105.200 of 33 CFR 
requires owners or operators of these facilities to designate security 
officers for facilities, develop security plans based on security 
assessments and surveys, implements security measures specific to the 
facility's operations, and comply with requirements based on an 
increase in Maritime Security Levels. Under 33 CFR 105.115, the owners 
or operators of these facilities must have submitted to the Captain of 
the Port, by December 31, 2003, and for certain facilities impacted by 
33 CFR 105.115(c), by December 16, 2004, 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 of 33 CFR part 105 also requires 
facility owners or operators to be in compliance with 33 CFR 105 on or 
before July 1, 2004, or for those facilities subject to 33 CFR 
105.115(c), on or before March 16, 2005.
    As a result of these enhanced security measures, the security zone 
for the Port of Port Lavaca-Point Comfort will no longer be necessary 
under normal conditions. This determination was also based upon a risk 
assessment conducted for the Port of Port Lavaca-Point Comfort by the 
Coast Guard.
    Unlike the Port of Port Lavaca-Point Comfort, a security zone 
continues to be needed for the Port of Corpus Christi Inner Harbor. 
This determination was based upon the high volume of vessel traffic in 
the Port of Corpus Christi as well as a risk assessment conducted by 
the Coast Guard.

Discussion of Proposed Rule

    This proposed rule would amend 33 CFR 165.809 to remove the Port of 
Port Lavaca-Point Comfort security zone listed in paragraph (a)(1) of 
that section. No other substantive amendments to 33 CFR 168.809 would 
occur.

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 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary as this proposed rule removes a 
portion of a regulation that is no longer necessary.

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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the 
proposed rule would affect your small business, organization, or 
government jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Junior 
Grade Jay Michalczak, Waterway Management Section, Marine Safety Office 
Corpus Christi, at (361) 888-3162 Ext 313. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A proposed 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

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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 would not result in such 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 proposed rule is not an economically significant rule and 
will not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

    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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 a 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 adverse environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

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. 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.

    2. In Sec.  165.809, revise the section heading and paragraph (a) 
to read as follows:


Sec.  165.809  Security Zone; Port of Corpus Christi Inner Harbor, 
Corpus Christi, TX.

    (a) Location. The following area is designated as a security zone: 
all waters of the Corpus Christi Inner Harbor from the Inner Harbor 
Bridge (U.S. Hwy 181) to, and including the Viola Turning Basin.
* * * * *

    Dated: February 11, 2005.
K.C. Kiefer,
Commander, U.S. Coast Guard, Captain of the Port Corpus Christi, 
Acting.
[FR Doc. 05-3605 Filed 2-24-05; 8:45 am]
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