[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Rules and Regulations]
[Page 61749-61751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-11]
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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