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Security Zone; Corpus Christi Inner Harbor, Corpus Christi, TX
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 18, 2002 (Volume 67, Number 52)]
[Rules and Regulations]
[Page 11920-11922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr02-14]
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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 establishing a temporary security zone to
ensure the security within the Corpus Christi Inner Harbor, Corpus
Christi, TX, from the Inner Harbor Bridge to the Viola Turning Basin
and all waters in between. The security zone is needed to protect
personnel, vessels, waterfront facilities, and national security
interests in this harbor from any and all subversive actions by any
groups or individuals whose objective it is to destroy or disrupt
maritime activities. 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.
DATES: This rule is effective from 8 a.m. on February 20, 2002 through
8 a.m. on June 15, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [COTP Corpus Christi 02-001]
and 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: LTJG C. J. Bright, Chief, Waterways
Section, Coast Guard Captain of the Port Corpus Christi, 555 N.
Carancahua St. Suite 500, Corpus Christi, Texas, 78478, (361) 888-3162.
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. Publishing a NPRM and
delaying its effective date would be contrary to public interest since
immediate action is needed to respond to the security risks associated
with recreational, passenger, or commercial fishing vessels entering
the Corpus Christi Inner Harbor.
Background and Purpose
On September 11, 2001, both towers of the World Trade Center and
the Pentagon were attacked by terrorists. 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 establishing a
[[Page 11921]]
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-to-
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.
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.
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. 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, such as a ship yard facility, there is no
cost and little burden associated with obtaining permission from the
Captain of the Port prior to entry.
If you are a small business entity and are significantly affected
by this regulation please contact LTJG C. J. Bright, 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 (Public Law 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 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.
[[Page 11922]]
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. A new temporary Sec. 165.T08-016 is added to read as follows:
Sec. 165.T08-016 Security Zone; Corpus Christi Inner Harbor, Corpus
Christi, Texas.
(a) Location. The following area is a security zone: Corpus Christi
Inner Harbor from the Inner Harbor Bridge to the Viola Turning Basin
and all waters in between.
(b) Effective dates. This section is effective from 8 a.m. on
February 20, 2002 through 8 a.m. on June 15, 2002.
(c) Authority. The authority for this section is 33 U.S.C. 1226, 33
U.S.C. 1231, 33 CFR 1.05-1(g), and 49 CFR 1.46.
(d) Regulations. (1) No recreational vessels, passenger vessels, or
commercial fishing vessels may enter this security zone unless
specifically authorized by the Captain of the Port Corpus Christi, or
his designated representative.
(2) Recreational vessels, passenger vessels and commercial fishing
vessels requiring entry into this security zone must request permission
from the Captain of the Port Corpus Christi, or his designated
representative. They may be contacted via VHF Channel 16 or via
telephone at (361) 888-3162.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Corpus Christi and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
Dated: February 20, 2002.
William J. Wagner III,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
[FR Doc. 02-6363 Filed 3-15-02; 8:45 am]
BILLING CODE 4910-15-U