[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39299-39301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-18]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Corpus Christi-02-001]
RIN 2115-AA97

 
Security Zone; Corpus Christi Inner Harbor, Corpus Christi, TX

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the effective period of the 
Corpus Christi Inner Harbor security zone published March 18, 2002. 
This change will extend the effective period for the established 
security zone until October 15, 2002, allowing adequate time for a 
proposed permanent rule to be developed through informal rulemaking. 
This temporary rule prohibits entry of recreational vessels, passenger 
vessels, or commercial fishing vessels into this zone unless 
specifically authorized by the Captain of the Port Corpus Christi.

DATES: Section 165.T08-016, added at 67 FR 11922, March 18, 2002, 
effective February 20, 2002, until June 15, 2002 is extended and will 
remain in effect through 8 a.m. October 15, 2002.

ADDRESSES: Documents as indicated in this preamble 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, 
78478 between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) T. J. 
Hopkins, Chief, Waterways Section, Coast Guard Captain of the Port 
Corpus Christi, at (361) 888-3162.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 18, 2002, we published a temporary final rule entitled 
``Security Zone; Corpus Christi Inner Harbor, Corpus Christi, TX'' in 
the Federal Register (67 FR 11920). The effective period for this rule 
was from February 20, 2002 until June 15, 2002.
    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. The original temporary final 
rule was urgently required to respond to potential security risks 
associated with recreational, passenger, or commercial fishing vessels 
entering the Corpus Christi Inner Harbor. It was anticipated that we 
would assess the security environment at the end of the effective 
period to determine whether continuing security measures were required. 
We have determined that the need for a continued security zone 
regulation exists and we published an NPRM on May 10, 2002 (67 FR 
31750), which included a proposal to make the existing Corpus Christi 
Inner Harbor Security Zone permanent. The Coast Guard will utilize the 
extended effective period of this temporary final rule to continue to 
engage in notice and comment rulemaking for the proposed permanent 
rule.
    Under 5 U.S.C. 553 (d) (3), good cause exists for making this 
temporary rule effective less than 30 days after publication in the 
Federal Register. This extension preserves the status quo within the 
Port of Corpus Christi while permanent rules are developed. There is no 
indication that the present temporary final rule has been burdensome on 
the public. Delaying the effective date of the rule would be contrary 
to public interest since action is needed to continue to respond to 
existing security risks.

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

[[Page 39300]]

may be anticipated. In response to these terrorist acts, heightened 
awareness and security of our ports and harbors is necessary therefore, 
the Captain of the Port, Corpus Christi is extending the temporary 
security zone within the Corpus Christi Inner Harbor. The Port of 
Corpus Christi is the fourth largest petro-chemical port within the 
United States. A large number of these petro-chemical waterfront 
facilities are located within the Inner Harbor that serves as a major 
industrial channel. These petro-chemical waterfront facilities conduct 
business with both United States and foreign deep draft vessels. The 
Port of Corpus Christi is also designated as an alternate military 
strategic load-out port with docks and facilities located within the 
Inner Harbor. These docks and facilities are vital to the national 
security interest of the United States.
    The Inner Harbor channel is approximately 8 miles long and 300-800 
feet wide, and has a controlling depth of 45 feet. Restricting the 
access of recreational, passenger and commercial fishing vessels 
reduces potential methods of attack on a vessel or waterfront facility 
within the zone. This security zone is designed to limit the access of 
vessels that do not have business to conduct with facilities or 
structures within the Corpus Christi Inner Harbor. Entry of 
recreational vessels, passenger vessels, or commercial fishing vessels 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Corpus Christi.
    The temporary security zone was to expire on June 15, 2002. In 
order to provide continuous protection while a permanent zone is being 
promulgated through notice and comment rulemaking, the Coast Guard is 
extending the effective date of this zone until October 15, 2002.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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).
    The Coast Guard expects 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. Recreational 
vessels, passenger vessels, and commercial fishing vessels do not 
frequent the Corpus Christi Inner Harbor. The Inner Harbor is an 
industrial area primarily used for bulk material transfers. Should a 
recreational vessel, passenger vessel, or commercial fishing vessel 
need to enter the Inner Harbor to conduct business with a small entity, 
there is no cost and little burden associated with obtaining permission 
from the Captain of the Port prior to entry.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 for the reasons enumerated under the Regulatory Evaluation 
above. If you are a small business entity and are significantly 
affected by this regulation please contact LTJG T.J. Hopkins, Chief 
Waterways Section, Coast Guard Captain of the Port Corpus Christi at 
(361) 888-3162.

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 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 Effect

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 39301]]

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 M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where indicated under ADDRESSES.

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, 160.5; 49 CFR 1.46.


    2. In temporary Sec. 165.T08-016, revise paragraph (b) to read as 
follows:


Sec. 165.T08-016  Security Zone; Corpus Christi Inner Harbor, Corpus 
Christi, Texas.

* * * * *
    (b) Effective dates. This section is effective from 8 a.m. on 
February 20, 2002 through 8 a.m. on October 15, 2002.
* * * * *

    Dated: May 29, 2002.
M.E. Maes,
Commander, Coast Guard, Acting, Captain of the Port Corpus Christi.
[FR Doc. 02-14357 Filed 6-6-02; 8:45 am]
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