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5 May 2003. One of the Eyeball series.
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[Federal Register: May 5, 2003 (Volume 68, Number 86)]
[Rules and Regulations]
[Page 23594-23595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my03-15]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Mobile-03-009]
RIN 1625-AA00


Security Zone; Bayou Casotte, 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]19'09''N, 88[deg]30'63''W to position 30[deg] 20'42''N,
88[deg]30'51''W at the Chevron Pascagoula Refinery. This security zone
is necessary to protect Chevron Pascagoula refinery, persons, and
vessels from subversive or terrorist acts. 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 8 a.m. on March 22, 2003, until 5
p.m. on September 22, 2003.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP Mobile-03-009) 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

    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.
    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 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.
    The Coast Guard will, during the effective period of this temporary
rule, complete notice and comment rulemaking for a proposed permanent
regulation.

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 (67 FR
58317 (Sep. 13, 2002) (continuing the emergency declared with respect
to terrorist attacks); 67 FR 59447 (Sep. 20, 2002) (continuing
emergency with respect to persons who commit, threaten to commit or
support terrorism)). The President also has found pursuant to law,
including the Act of June 15, 1917, as amended August 9, 1950, by 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]
19'09''N, 88[deg] 30'63''W to position 30[deg] 20'42''N 88[deg]
30'51''W at the Chevron Pascagoula Refinery. These coordinates are
based upon (NAD 83). This security zone is necessary to protect the
Chevron Pascagoula refinery, persons, and vessels from subversive or
terrorist acts. 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 [Omitted]

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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.

0
2. A new temporary Sec.  165.T08-020 is added to read as follows:

Sec.  165.T08-020  Security Zone; Chevron Pascagoula Refinery,
Pascagoula, Mississippi.

    (a) Location. The following area is a security zone: all waters of
Bayou Casotte east of a line drawn from position 30[deg]19'09''N,
88[deg]30'63''W to position 30[deg]20'42''N, 88[deg]30'51''W at the
Chevron Pascagoula Refinery. These coordinates are based upon [NAD 83].
    (b) Effective period. This section is effective from 8 a.m. on
March 22, 2003 until 5 p.m. on September 22, 2003.
    (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.
    (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 his
designated representative.

    Dated: March 22, 2003.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 03-11036 Filed 5-2-03; 8:45 am]

BILLING CODE 4910-15-P


Source