Security Zone; Freeport Channel Entrance, Freeport, TX, 19923-19926 [E9-9990]
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules
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:
Dated: March 6, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E9–9993 Filed 4–29–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for Part 165
continues to read as follows:
33 CFR Part 165
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
(a) Location. The following area is a
temporary safety zone: all waters of the
Upper Niagara River, North Tonawanda,
NY within two miles of the Grand
Island Bridge located at 42°03′36″ N,
078°54′45″ W to 43°03′09″ N, 078°55′21″
W to 43°03′00″ N, 078°53′42″ W to
43°02′42″ N, 078°54′09″ W. All
Geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Effective Period. This regulation is
effective from 11 a.m. August 29, 2009
to 6 p.m. August 30, 2009. This zone
will be enforced from 11 a.m. to 6 p.m.
on August 29, 2009 and August 30,
2009.
(c) Regulations.
(1) The general regulations contained
in 33 CFR 165.23 apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated on scene patrol personnel.
Coast Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard
vessel via siren, radio, flashing light, or
other means, the operator shall proceed
as directed.
(3) Commercial vessels may request
permission from the Captain of the Port
Buffalo to transit the safety zone.
Approval will be made on a case-bycase basis. Requests must be made in
advance and approved by the Captain of
the Port before transits will be
authorized. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Buffalo on Channel 16, VHF–FM.
Jkt 217001
Security Zone; Freeport Channel
Entrance, Freeport, TX
ACTION:
§ 165.T09–0110 Safety Zone; Thunder on
Niagara, Niagara River, North Tonawanda,
NY.
15:01 Apr 29, 2009
RIN 1625–AA87
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
2. Add § 165.T09–0110 to read as
follows:
VerDate Nov<24>2008
[Docket No. USCG–2008–0125]
SUMMARY: The Coast Guard proposes to
establish moving security zones for
certain vessels, for which the Captain of
the Port, Houston-Galveston deems
enhanced security measures necessary
on a case-by-case basis. These moving
security zones would extend 1,000
yards ahead and astern and 500 yards
on each side of certain vessels, which
would display the international signal
flag or pennant number five to signal a
security zone is established around the
vessel. The moving security zone may
commence at any point after certain
vessels bound for the Port of Freeport
enter the U.S. territorial waters (12
nautical miles) in the Captain of the Port
(COTP) Houston-Galveston zone. These
security zones are needed to safeguard
the vessels, the public, and the
surrounding area from sabotage or other
subversive acts, accidents, or other
events of a similar nature. Unless
exempted under this rule, entry into or
movement within these security zones
would be prohibited without permission
from the COTP Houston-Galveston.
DATES: Comments and related material
must reach the Coast Guard on or before
June 1, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0125 using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
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19923
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
(5) To avoid duplication, please use
only one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Cliff Harder, Marine Safety
Unit Galveston, telephone (409) 978–
2700, extension 2705, or e-mail
cliff.j.harder@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0125),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand-deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2008–0124’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
E:\FR\FM\30APP1.SGM
30APP1
19924
Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2008–0124 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES explaining
why one would be beneficial. If we
determine that one 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
Heightened awareness of potential
terrorist acts requires enhanced security
of our ports, harbors, and vessels; to
enhance security, the Captain of the Port
Houston-Galveston proposes to establish
moving security zones around certain
vessels. This would make permanent a
temporary final rule that was effective
from January 15, 2009, to April 30,
2009. See 74 FR 13343.
VerDate Nov<24>2008
15:01 Apr 29, 2009
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This proposed rule would establish
distinct moving security zones that may
commence at any point after certain
vessels bound for the Port of Freeport
enter the 12 nautical mile U.S. territorial
waters in the Captain of the Port
Houston-Galveston zone. These security
zones would be established to protect
waterfront facilities, persons, and
vessels from subversive or terrorist acts.
Vessels operating within the Captain of
the Port Houston-Galveston Zone are
potential targets of terrorist attacks, or
potential launch platforms for terrorist
attacks on other vessels, waterfront
facilities, and adjacent population
centers.
Due to the potential for terrorist
attacks, this proposed rule would allow
the Captain of the Port to create moving
security zones around certain vessels as
deemed necessary, on a case-by-case
basis. All vessels around which a
security zone is deemed necessary
would display the international signal
flag or pennant number five, to signal
that there is a security zone established
around the vessel. By limiting access to
these areas, the Coast Guard is reducing
potential methods of attack on these
vessels, and potential use of the vessels
to launch attacks on waterfront facilities
and adjacent population centers located
within the Captain of the Port HoustonGalveston zone. Vessels having a need
to enter these security zones must
obtain express permission from the
Captain of the Port Houston-Galveston
or his designated representative prior to
entry.
Discussion of Proposed Rule
The Coast Guard proposes to establish
moving security zones for certain
vessels, for which the Captain of the
Port Houston-Galveston deems
enhanced security measures necessary
on a case-by-case basis. These moving
security zones would be activated for
certain vessels within the Captain of the
Port Houston-Galveston zone
commencing at U.S. territorial waters
through the Freeport Entrance Channel,
extending from the surface to the sea
floor. These moving security zones
would be established as follows: 1000
yards ahead and astern and 500 yards
on each side of certain vessels, which
would display the international signal
flag or pennant number five, while in
transit. Unless exempted under this
rule, these moving security zones would
prohibit entry into or movement within
this portion of the Captain of the Port
Houston-Galveston zone without
Captain of the Port authorization. These
security zones are needed to safeguard
the vessels, the public, and the
surrounding area from sabotage or other
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subversive acts, accidents, or other
events of a similar nature.
All vessels not exempted under this
rule would be prohibited from entering
these security zones unless authorized
by the Captain of the Port HoustonGalveston or his designated
representative. In Houston, vessels can
contact the COTP through Vessel Traffic
Service Houston/Galveston on VHF
Channel 5A, by telephone at (713) 671–
5103, or by facsimile at (713) 671–5159.
In Freeport, vessels can contact the
COTP through Marine Safety Unit
Galveston, by telephone at (409) 978–
2700, or by facsimile at (409) 978–2671.
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. The basis of this finding is
that the duration of the proposed
security zones is limited in nature and
would not create undue delay to vessel
traffic in and around the Port of
Freeport.
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.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reason: The duration of
the proposed security zones is limited
in nature and would not create undue
delay to vessel traffic in and around the
Port of Freeport.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Assistance for Small Entities
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lieutenant
Cliff Harder at (409) 978–2700,
extension 2705. 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 would call 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 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
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 would 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
VerDate Nov<24>2008
15:01 Apr 29, 2009
Jkt 217001
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 proposed rule
would not use technical standards.
Therefore, we did not consider the use
of voluntary consensus standards.
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Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 0023.1
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. This
proposed rule involves establishing
moving security zones around certain
vessels in the Caption of the Port
Houston-Galveston zone. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed 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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 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. Add new § 165.818 to read as
follows:
§ 165.818 Moving security zones, for
certain vessels in Freeport Entrance
Channel, Freeport, Texas.
(a) Location. The following areas are
security zones: All waters within the
Captain of the Port Houston-Galveston
Zone commencing at U.S. territorial
waters through the Freeport Entrance
Channel, from surface to bottom, one
thousand (1000) yards ahead and astern
and five hundred (500) yards on each
side of any vessel within the 12 nautical
mile U.S. Territorial Waters in the
Captain of the Port Houston-Galveston
zone that displays the international
signal flag or pennant number five.
(b) Regulations. (1) Entry into or
remaining in the zones described in
paragraph (a) of this section is
prohibited for all vessels except:
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(i) Moored vessels or vessels anchored
in a designated anchorage area. A
moored or an anchored vessel in a
security zone described in paragraph (a)
of this section must remain moored or
anchored unless it obtains permission
from the Captain of the Port to do
otherwise.
(ii) Commercial vessels operating at
the waterfront facilities within zone
described in paragraph (a) of this
section.
(iii) Commercial vessel transiting
directly to or from waterfront facilities
within a security zone described in
paragraph (a) of this section.
(iv) Vessels providing direct
operational/logistic support to
commercial vessels within a security
zone described in paragraph (a) of this
section.
(v) Vessels operated by the port
authority or by facilities located within
a security zone described in paragraph
(a) of this section.
(vi) Vessels operated by federal, state,
county, or municipal agencies.
(2) All persons and vessels within a
security zone described in paragraph (a)
of this section must comply with the
instructions of the Captain of the Port
Houston-Galveston and designated onscene 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.
(3) To request permission as required
by these regulations, contact the Sector
Houston-Galveston Command Center by
telephone at (713) 671–5113. In
Freeport, vessels should contact the
Captain of the Port’s designated onscene representative for the moving
security zone on VHF Channel 16, or by
telephone at (979) 233–7551.
(c) Informational broadcasts. The
Captain of the Port Houston-Galveston
will inform the public when moving
security zones have been established
around vessels via Broadcast Notice to
Mariners on VHF channel 16 and 13.
(d) Authority. In addition to 33 U.S.C.
1231 and 50 U.S.C. 191, the authority
for this section includes 33 U.S.C. 1226.
Dated: February 18, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. E9–9990 Filed 4–29–09; 8:45 am]
BILLING CODE 4910–15–P
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15:01 Apr 29, 2009
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0124]
RIN 1625–AA87
Security Zone; Freeport LNG Basin,
Freeport, TX
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a permanent security zone in
the Freeport LNG Basin. This security
zone is needed to protect vessels,
waterfront facilities, the public, and
other surrounding areas from
destruction, loss, or injury caused by
sabotage, subversive acts, accidents, or
other actions of a similar nature. Entry
into this zone would be prohibited,
except for vessels that have obtained the
express permission from the Captain of
the Port Houston-Galveston or his
designated representative.
DATES: Comments and related material
must reach the Coast Guard on or before
June 1, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0124 using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Cliff Harder, Marine Safety
Unit Galveston, telephone (409) 978–
2700, extension 2705, or e-mail
cliff.j.harder@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0124),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand-deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2008–0124’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2008–0124 in the Docket ID box, press
Enter, and then click on the item in the
E:\FR\FM\30APP1.SGM
30APP1
Agencies
[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19923-19926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9990]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0125]
RIN 1625-AA87
Security Zone; Freeport Channel Entrance, Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish moving security zones
for certain vessels, for which the Captain of the Port, Houston-
Galveston deems enhanced security measures necessary on a case-by-case
basis. These moving security zones would extend 1,000 yards ahead and
astern and 500 yards on each side of certain vessels, which would
display the international signal flag or pennant number five to signal
a security zone is established around the vessel. The moving security
zone may commence at any point after certain vessels bound for the Port
of Freeport enter the U.S. territorial waters (12 nautical miles) in
the Captain of the Port (COTP) Houston-Galveston zone. These security
zones are needed to safeguard the vessels, the public, and the
surrounding area from sabotage or other subversive acts, accidents, or
other events of a similar nature. Unless exempted under this rule,
entry into or movement within these security zones would be prohibited
without permission from the COTP Houston-Galveston.
DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0125 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) To avoid duplication, please use only one of these four
methods. See the ``Public Participation and Request for Comments''
portion of the SUPPLEMENTARY INFORMATION section below for instructions
on submitting comments.
FOR FURTHER INFORMATION CONTACT: Lieutenant Cliff Harder, Marine Safety
Unit Galveston, telephone (409) 978-2700, extension 2705, or e-mail
cliff.j.harder@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0125), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand-deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0124'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand
[[Page 19924]]
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0124 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under ADDRESSES
explaining why one would be beneficial. If we determine that one 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
Heightened awareness of potential terrorist acts requires enhanced
security of our ports, harbors, and vessels; to enhance security, the
Captain of the Port Houston-Galveston proposes to establish moving
security zones around certain vessels. This would make permanent a
temporary final rule that was effective from January 15, 2009, to April
30, 2009. See 74 FR 13343.
This proposed rule would establish distinct moving security zones
that may commence at any point after certain vessels bound for the Port
of Freeport enter the 12 nautical mile U.S. territorial waters in the
Captain of the Port Houston-Galveston zone. These security zones would
be established to protect waterfront facilities, persons, and vessels
from subversive or terrorist acts. Vessels operating within the Captain
of the Port Houston-Galveston Zone are potential targets of terrorist
attacks, or potential launch platforms for terrorist attacks on other
vessels, waterfront facilities, and adjacent population centers.
Due to the potential for terrorist attacks, this proposed rule
would allow the Captain of the Port to create moving security zones
around certain vessels as deemed necessary, on a case-by-case basis.
All vessels around which a security zone is deemed necessary would
display the international signal flag or pennant number five, to signal
that there is a security zone established around the vessel. By
limiting access to these areas, the Coast Guard is reducing potential
methods of attack on these vessels, and potential use of the vessels to
launch attacks on waterfront facilities and adjacent population centers
located within the Captain of the Port Houston-Galveston zone. Vessels
having a need to enter these security zones must obtain express
permission from the Captain of the Port Houston-Galveston or his
designated representative prior to entry.
Discussion of Proposed Rule
The Coast Guard proposes to establish moving security zones for
certain vessels, for which the Captain of the Port Houston-Galveston
deems enhanced security measures necessary on a case-by-case basis.
These moving security zones would be activated for certain vessels
within the Captain of the Port Houston-Galveston zone commencing at
U.S. territorial waters through the Freeport Entrance Channel,
extending from the surface to the sea floor. These moving security
zones would be established as follows: 1000 yards ahead and astern and
500 yards on each side of certain vessels, which would display the
international signal flag or pennant number five, while in transit.
Unless exempted under this rule, these moving security zones would
prohibit entry into or movement within this portion of the Captain of
the Port Houston-Galveston zone without Captain of the Port
authorization. These security zones are needed to safeguard the
vessels, the public, and the surrounding area from sabotage or other
subversive acts, accidents, or other events of a similar nature.
All vessels not exempted under this rule would be prohibited from
entering these security zones unless authorized by the Captain of the
Port Houston-Galveston or his designated representative. In Houston,
vessels can contact the COTP through Vessel Traffic Service Houston/
Galveston on VHF Channel 5A, by telephone at (713) 671-5103, or by
facsimile at (713) 671-5159. In Freeport, vessels can contact the COTP
through Marine Safety Unit Galveston, by telephone at (409) 978-2700,
or by facsimile at (409) 978-2671.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The basis of
this finding is that the duration of the proposed security zones is
limited in nature and would not create undue delay to vessel traffic in
and around the Port of Freeport.
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.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason: The
duration of the proposed security zones is limited in nature and would
not create undue delay to vessel traffic in and around the Port of
Freeport.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 19925]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Cliff Harder at (409)
978-2700, extension 2705. 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 would call 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 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 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 would 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 rule is not an economically significant rule and would 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 proposed rule would not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves establishing moving security
zones around certain vessels in the Caption of the Port Houston-
Galveston zone. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add new Sec. 165.818 to read as follows:
Sec. 165.818 Moving security zones, for certain vessels in Freeport
Entrance Channel, Freeport, Texas.
(a) Location. The following areas are security zones: All waters
within the Captain of the Port Houston-Galveston Zone commencing at
U.S. territorial waters through the Freeport Entrance Channel, from
surface to bottom, one thousand (1000) yards ahead and astern and five
hundred (500) yards on each side of any vessel within the 12 nautical
mile U.S. Territorial Waters in the Captain of the Port Houston-
Galveston zone that displays the international signal flag or pennant
number five.
(b) Regulations. (1) Entry into or remaining in the zones described
in paragraph (a) of this section is prohibited for all vessels except:
[[Page 19926]]
(i) Moored vessels or vessels anchored in a designated anchorage
area. A moored or an anchored vessel in a security zone described in
paragraph (a) of this section must remain moored or anchored unless it
obtains permission from the Captain of the Port to do otherwise.
(ii) Commercial vessels operating at the waterfront facilities
within zone described in paragraph (a) of this section.
(iii) Commercial vessel transiting directly to or from waterfront
facilities within a security zone described in paragraph (a) of this
section.
(iv) Vessels providing direct operational/logistic support to
commercial vessels within a security zone described in paragraph (a) of
this section.
(v) Vessels operated by the port authority or by facilities located
within a security zone described in paragraph (a) of this section.
(vi) Vessels operated by federal, state, county, or municipal
agencies.
(2) All persons and vessels within a security zone described in
paragraph (a) of this section must comply with the instructions of the
Captain of the Port Houston-Galveston 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.
(3) To request permission as required by these regulations, contact
the Sector Houston-Galveston Command Center by telephone at (713) 671-
5113. In Freeport, vessels should contact the Captain of the Port's
designated on-scene representative for the moving security zone on VHF
Channel 16, or by telephone at (979) 233-7551.
(c) Informational broadcasts. The Captain of the Port Houston-
Galveston will inform the public when moving security zones have been
established around vessels via Broadcast Notice to Mariners on VHF
channel 16 and 13.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: February 18, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-9990 Filed 4-29-09; 8:45 am]
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