Security Zone; Calcasieu River and Ship Channel, LA, 46040-46044 [E9-21580]
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46040
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules
damage of property to the insurance
company.
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§ 1485.31
Anti-fraud requirements.
(a) All MAP participants.
(1) All MAP participants annually
shall submit to CCC for approval a
detailed fraud prevention program. The
fraud prevention program shall, at a
minimum, include an annual review of
physical controls and weaknesses, a
standard process for investigating and
remediation of suspected fraud cases,
and training in risk management and
fraud detection for all current and future
employees. The MAP participant shall
not conduct or permit any MAP
promotion activities to occur unless and
until CCC has communicated in writing
approval of the MAP participant’s fraud
prevention program.
(2) The MAP participant, within five
business days of receiving an allegation
or information giving rise to a
reasonable suspicion of
misrepresentation or fraud that could
give rise to a claim by CCC, shall report
such allegation or information in
writing to such USDA personnel as
specified in the participant’s MAP
program agreement and/or approval
letter. The MAP participant shall
cooperate fully in any USDA
investigation of such allegation or
occurrence of misrepresentation or
fraud and shall comply with any
directives given by CCC or USDA to the
MAP participant for the prompt
investigation of such allegation or
occurrence.
(b) MAP participants with brand
programs.
(1) The MAP participant may charge
a fee to brand participants to cover the
cost of the fraud prevention program.
(2) The MAP participant shall repay
to CCC funds paid to a brand participant
through the MAP participant on claims
that the MAP participant or CCC
subsequently determines are
unauthorized or otherwise nonreimbursable expenses within 30 days
of the MAP participant’s determination
or CCC’s disallowance. The MAP
participant shall repay CCC by
submitting a check to CCC or by
offsetting the participant’s next
reimbursement claim. The MAP
participant shall make such payment in
U.S. dollars, unless otherwise approved
in advance by CCC. A MAP participant
operating a brand program in strict
accordance with an approved fraud
prevention program, however, will not
be liable to reimburse CCC for MAP
funds paid on such claims if the claims
were based on misrepresentations or
fraud of the brand participant, its
employees or agents, unless CCC
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determines that the MAP participant
was grossly negligent in the operation of
the brand program regarding such
claims. CCC shall communicate any
such determination to the MAP
participant in writing.
DEPARTMENT OF HOMELAND
SECURITY
§ 1485.32
[Docket No. USCG–2009–0317]
Program income.
Any revenue or refunds generated
from an activity, e.g., participation fees,
proceeds of sales, refunds of value
added taxes (VAT), the expenditures for
which have been wholly or partially
reimbursed with MAP funds, shall be
used by the MAP participant in
furtherance of its approved MAP
activities in the program year in which
the program income was received.
Interest earned on funds advanced by
CCC is not program income.
§ 1485.33
Amendment.
A program agreement may be
amended only in writing with the
consent of CCC and the MAP
participant.
§ 1485.34 Noncompliance with an
agreement.
If a MAP participant fails to comply
with any term in its program agreement
or approval letter, CCC may take one or
more of the enforcement actions set
forth in the applicable parts of this title
and, if, appropriate, initiate a claim
against the MAP participant, following
the procedures set forth in this subpart.
CCC may also initiate a claim against a
MAP participant if program income or
CCC-provided funds are lost due to an
action or omission of the MAP
participant.
§ 1485.35 Suspension, termination, and
closeout of agreements.
A program agreement may be
suspended or terminated in accordance
with the applicable parts of this title. If
an agreement is terminated, the
applicable parts of this title will apply
to the closeout of the agreement.
§ 1485.36 Paperwork reduction
requirements.
The paperwork and recordkeeping
requirements imposed by this subpart
have been approved by OMB under the
Paperwork Reduction Act of 1980. OMB
has assigned control number 0551–0026
for this information collection.
Dated: August 19, 2009.
Michael V. Michener,
Administrator, Foreign Agricultural Service,
and Executive Vice President, Commodity
Credit Corporation.
[FR Doc. E9–21552 Filed 9–4–09; 8:45 am]
BILLING CODE 3410–10–P
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Coast Guard
33 CFR Part 165
RIN 1625–AA87
Security Zone; Calcasieu River and
Ship Channel, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
disestablish the permanent safety zone
at Trunkline LNG in Lake Charles, LA
and to replace it with a security zone
with new boundaries. The Coast Guard
also proposes to establish two
additional permanent security zones on
the waters of the Calcasieu River for the
mooring basins at Cameron LNG in
Hackberry, LA and PPG Industries in
Lake Charles, LA. The Coast Guard also
proposes to disestablish the moving
safety zone for Liquified Natural Gas
(‘‘LNG’’) vessels in the Calcasieu ship
channel and replace it with a moving
security zone of the same dimensions.
These security zones are 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.
Unless exempted under this rule, entry
into or movement within these security
zones would be prohibited without
permission from the Captain of the Port
or a designated representative.
DATES: Comments and related material
must reach the Coast Guard on or before
October 8, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2009–0317 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
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Clint Smith, Marine Safety
Unit Lake Charles, LA, telephone (337)
491–7800, or e-mail
clinton.p.smith@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.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0317),
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
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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–0317’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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 8c 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,
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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–
2009–317 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, Port Arthur proposes to establish
permanent security zones on the waters
of the Calcasieu River in Lake Charles,
LA; Hackberry, LA, and moving security
zones around certain vessels.
This proposed rule would establish
new, distinct security zones on the
waters of the Calcasieu River. These
zones would protect waterfront
facilities, persons, and vessels from
subversive or terrorist acts. Vessels
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operating within the Captain of the Port
Zone are potential targets of terrorist
attacks, or platforms from which
terrorist attacks may be launched upon
from other vessels, waterfront facilities,
and adjacent population centers.
This proposed rule would also delete
the moving safety zone for non-gas free
Liquified Natural Gas (‘‘LNG’’) vessels
transiting the Calcasieu Channel and
Calcasieu River and add a moving
security zone that may commence at any
point while certain vessels are transiting
the Calcasieu Channel or Calcasieu
River on U.S. territorial waters in the
Captain of the Port, Port Arthur 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
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. 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 zone.
Vessels having a need to enter these
security zones must obtain express
permission from the Captain of the Port,
Port Arthur or a designated
representative prior to entry.
These zones are being proposed for an
area concentrated with commercial
facilities considered critical to national
security. This proposed rule is not
designed to restrict access to vessels
engaged, or assisting in commerce with
waterfront facilities within fixed
security zones, vessels operated by port
authorities, vessels operated by
waterfront facilities within the fixed
security zones, and vessels operated by
federal, state, county or municipal
agencies. By limiting access to these
areas the Coast Guard would reduce
potential methods of attack on vessels,
waterfront facilities, and adjacent
population centers located within the
zones. All vessels not exempted under
the provisions of this proposed
regulation desiring to enter these zones
would be required to obtain express
permission from the Captain of the Port,
Port Arthur or a designated
representative prior to entry.
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules
Discussion of Proposed Rule
The Captain of the Port proposes to
revise 33 CFR 165.805 to establish
permanent fixed security zones on the
waters of the Calcasieu River for the
mooring basins at Trunkline LNG in
Lake Charles, LA; Cameron LNG in
Hackberry, LA; and PPG Industries in
Lake Charles, LA. The coordinates and
locations of the fixed security zones use
the North American Datum of 1983
(NAD 1983) and are as follows: (1)
Trunkline LNG basin, all waters
encompassed by a line connecting the
following points, beginning at 30°06′36″
N, 93°17′36″ W, south to a point
30°06′33″ N, 93°17′36″ W, east to a point
30°06′30″ N, 93°17′02″ W, north to a
point 30°06′33″ N, 93°17′01″ W, then
following the shoreline to the beginning
point. (2) Cameron LNG basin, all
waters encompassed by a line
connecting the following points,
beginning at 30°02′33″ N, 93°19′53″ W,
east to a point at 30°02′34″ N, 93°19′50″
W, south to a point at 30°02′10″ N,
93°19′52″ W and west to a point at
30°02′10″ N, 93°19′59″ W, then
following the shoreline to the beginning
point. (3) PPG industries basin, all
waters encompassed by a line
connecting the following points,
beginning at 30°13′11″ N, 93°16′52″ W,
east to a point at 30°13′11″ N, 93°16′51″
W, northeast to a point at 30°13′29″ N,
93°16′34″ W, then following the
shoreline to the beginning point.
In addition, the Captain of the Port
proposes to establish moving security
zones for certain vessels, for which the
Captain of the Port deems enhanced
security measures are necessary, on a
case-by-case basis. These moving
security zones would be activated for
certain vessels within the Captain of the
Port, Port Arthur zone transiting U.S.
territorial waters and extend channel
edge to channel edge on the Calcasieu
Channel and shoreline to shoreline on
the Calcasieu River, 2 miles ahead and
1 mile astern of certain designated
vessels while in transit. Meeting,
crossing or overtaking situations are not
permitted within the security zone
unless specifically authorized by the
Captain of the Port. These proposed
security zones would be part of a
comprehensive port security regime
designed to safeguard human life,
vessels, and waterfront facilities against
sabotage or terrorist attacks.
All vessels not exempted under
paragraph (b) of the proposed section
165.805 would be prohibited from
entering the proposed security zones
unless authorized by the Captain of the
Port, Port Arthur or a designated
representative. For authorization to
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enter the proposed security zones
vessels contact Marine Safety Unit Lake
Charles at (337) 491–7800 or the onscene patrol vessel on VHF–FM channel
13.
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 fixed
security zones are not part of the
navigable waterway or a commercial
fishing ground and do not impede
commercial traffic on the Calcasieu
Waterway. The proposed moving
security zone is limited in nature and
would not create undue delay to vessel
traffic in or around the Calcasieu River
and Ship Channel.
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 reasons: (1) The proposed
rules for fixed security zones would not
interfere with regular vessel traffic
within the Calcasieu Ship Channel,
Calcasieu River or the Intracoastal
Waterway; and (2) the proposed rule for
moving security zones are of limited
duration and vessels may request
permission to enter the security zone
from the Captain of the Port or his
representative.
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
ADDRESSES) explaining why you think it
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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
Clint Smith at (337) 491–7800. 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,
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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.
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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. 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. Revise § 165.805 to read as follows:
§ 165.805 Security Zones; Calcasieu River
and Ship Channel, Louisiana.
(a) Location.
(1) The following areas are designated
as fixed security zones, (all coordinates
are based upon North American Datum
of 1983 [NAD 83]):
(i) Trunkline LNG basin, all waters
encompassed by a line connecting the
following points, beginning at 30°06′36″
N, 93°17′36″ W, south to a point
30°06′33″ N, 93°17′36″ W, east to a point
30°06′30″ N, 93°17′02″ W, north to a
point 30°06′33″ N, 93°17′01″ W, then
following the shoreline to the beginning
point.
(ii) Cameron LNG basin, all waters
encompassed by a line connecting the
following points, beginning at 30°02′33″
N, 093°19′53″ W, east to a point at
30°02′34″ N, 093°19′50″ W, south to a
point at 30°02′10″ N, 093°19′52″ W and
west to a point at 30°02′10″ N, 93°19′59″
W, then following the shoreline to the
beginning point.
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(iii) PPG industries basin, all waters
encompassed by a line connecting the
following points, beginning at 30°13′11″
N, 93°16′52″ W, east to a point at
30°13′11″ N, 93°16′51″ W, northeast to
a point at 30°13′29″ N, 93°16′34″ W,
then following the shoreline to the
beginning point.
(2) The following areas are moving
security zones: All waters within the
Captain of the Port, Port Arthur zone
commencing at U.S. territorial waters
and extending channel edge to channel
edge on the Calcasieu Channel and
shoreline to shoreline on the Calcasieu
River, 2 miles ahead and 1 mile astern
of certain designated vessels while in
transit. Meeting, crossing or overtaking
situations are not permitted within the
security zone unless specifically
authorized by the Captain of the Port.
(b) Regulations:
(1) Entry into or remaining in a fixed
zone described in paragraph (a)(1) of
this section is prohibited for all vessels
except:
(i) Commercial vessels operating at
waterfront facilities within these zones;
(ii) Commercial vessels transiting
directly to or from waterfront facilities
within these zones;
(iii) Vessels providing direct
operational or logistical support to
commercial vessels within these zones;
(iv) Vessels operated by the
appropriate port authority or by
facilities located within these zones;
and
(v) Vessels operated by federal, state,
county, or municipal agencies.
(2) Entry into or remaining in moving
zones described in paragraph (a)(2) of
this section is prohibited for all vessels
except:
(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)(2) 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
waterfront facilities located within the
zone;
(iii) Vessels providing direct
operational support to commercial
vessels within a moving security zone;
(iv) Vessels operated by federal, state,
county, or municipal agencies.
(3) Other persons or vessels requiring
entry into security zones described in
this section must request permission
from the Captain of the Port, Port Arthur
or designated representatives.
(4) To request permission as required
by these regulations, contact Marine
Safety Unit Lake Charles at (337) 491–
7800 or the on-scene patrol vessel.
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(5) All persons and vessels within a
security zone described in this section
must comply with the instructions of
the Captain of the Port, Port Arthur,
designated on-scene U.S. Coast Guard
patrol personnel or other designated
representatives. On-scene U.S. Coast
Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Designated representatives include
federal, state, local and municipal law
enforcement agencies.
(c) Informational broadcasts. The
Captain of the Port, Port Arthur will
inform the public when moving security
zones have been established around
vessels via Broadcast Notice to
Mariners.
Dated: June 15, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur.
[FR Doc. E9–21580 Filed 9–4–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3060
[Docket No. RM2009–9; Order No. 287]
Competitive Postal Products
Postal Regulatory Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document announces a
proposed rulemaking in response to a
recent Postal Service filing of a
proposed methodology for the allocation
of assets and liabilities in theoretical
competitive enterprise.
DATES: Submit comments on or before
October 23, 2009. Submit reply
comments on or before November 23,
2009.
Submit comments
electronically via the Commission’s
electronic Filing Online system at
https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820 or
stephen.sharfman@prc.gov.
ADDRESSES:
Regulatory
History, 73 FR 79256 (December 24,
2008).
In PRC Order No. 151, which
established financial accounting
practices and tax rules for competitive
products, the Commission directed the
Postal Service to develop the assets and
liabilities of the theoretical competitive
products enterprise by identifying all
asset and liability accounts within its
Chart of Accounts used solely for the
mstockstill on DSKH9S0YB1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
17:24 Sep 04, 2009
Jkt 217001
provision of (a) competitive products or
(b) market dominant products, and for
those not identified with either, to
submit for Commission approval a
proposed methodology detailing how
each asset and liability account
identified in the Chart of Accounts shall
be allocated to the theoretical
competitive products enterprise.1 See
39 CFR 3060.12 and 3060.13; see also
Order No. 151 at 17–18.
In satisfaction of that requirement, on
July 23, 2009, the Postal Service filed a
proposed methodology for the allocation
of assets and liabilities to the theoretical
competitive enterprise.2 The Postal
Service avers that, with ‘‘few
exceptions,’’ the proposed methodology
tracks that used by the Commission in
PRC–LR–1 in Docket No. RM2008–5. Id.
at 1–2. The differences concern the
following entries:
1. Asset: Supplies, Advances, and
Prepayments—the Postal Service
allocation is based on total revenues; the
Commission did not propose an
allocation;
2. Liability: Payables and Accrued
Expenses—the Postal Service allocation
is based on total revenues; the
Commission did not propose an
allocation;
3. Liability: Customer Deposit
Accounts—the Postal Service allocation
is based on total revenues; the
Commission allocation is limited to a
specific account, Expedited Mail
Advance Deposit;
4. Liability: Outstanding Postal Money
Orders—the Postal Service allocation is
based on actual Outstanding
International Money Orders; the
Commission did not propose an
allocation; and
5. Liability: Deferred Gains on Sales of
Property—the Postal Service did not
propose an allocation; the Commission
allocation is based on Building
Depreciation Expenses.
The Notice, which is available on the
Commission’s Web site, https://
www.prc.gov, includes a spreadsheet
showing the Commission’s and the
Postal Service’s proposed allocation
procedures. The Notice also provides
rationales for the Postal Service’s
proposals.
Interested persons are invited to
comment on the Postal Service’s
proposed methodology and may
propose alternative methodologies.
1 See Docket No. RM2008–5, PRC Order No. 151,
Order Establishing Tax Rules and Accounting
Practices for Competitive Products, December 18,
2009 (Order No. 151).
2 Notice of United States Postal Service Regarding
Proposed Methodology for the Allocation of Assets
and Liabilities to Competitive Products, July 23,
2009 (Notice).
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
Comments are due no later than 45 days
after publication of this order in the
Federal Register. Reply comments are
due no later than 75 days after
publication of this order in the Federal
Register.
The Commission designates Patricia
A. Gallagher to represent the interests of
the general public in this proceeding.
It is ordered:
1. The Commission establishes Docket
No. RM2009–9 to consider the matters
related to the allocation of assets and
liabilities to the theoretical competitive
products enterprise.
2. Interested persons may submit
initial comments within 45 days of
publication of this order in the Federal
Register.
3. Interested persons may submit
reply comments within 75 days of
publication of this Order in the Federal
Register.
4. Pursuant to 39 U.S.C. 505, Patricia
A. Gallagher is designated to serve as
the Public Representative representing
the interests of the general public in this
proceeding.
5. The Secretary shall arrange for
publication of this Notice in the Federal
Register.
Authority: 39 U.S.C. 503, 2011, 3633,
3634.
Issued: August 24, 2009.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9–21476 Filed 9–4–09; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0573; FRL–8953–6]
Disapproval of State Implementation
Plan Revisions, South Coast Air
Quality Management District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to
disapprove a revision to the South Coast
Air Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP)
concerning volatile organic compound
(VOC) emissions from polymeric foam
manufacturing operations. We are
proposing action on a local rule that
regulates these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act). We are taking
E:\FR\FM\08SEP1.SGM
08SEP1
Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Proposed Rules]
[Pages 46040-46044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0317]
RIN 1625-AA87
Security Zone; Calcasieu River and Ship Channel, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to disestablish the permanent safety
zone at Trunkline LNG in Lake Charles, LA and to replace it with a
security zone with new boundaries. The Coast Guard also proposes to
establish two additional permanent security zones on the waters of the
Calcasieu River for the mooring basins at Cameron LNG in Hackberry, LA
and PPG Industries in Lake Charles, LA. The Coast Guard also proposes
to disestablish the moving safety zone for Liquified Natural Gas
(``LNG'') vessels in the Calcasieu ship channel and replace it with a
moving security zone of the same dimensions. These security zones are
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.
Unless exempted under this rule, entry into or movement within these
security zones would be prohibited without permission from the Captain
of the Port or a designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before October 8, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0317 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
[[Page 46041]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Lieutenant Clint Smith, Marine Safety
Unit Lake Charles, LA, telephone (337) 491-7800, or e-mail
clinton.p.smith@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-2009-0317), 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 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0317'' in the ``Keyword'' box.
Click ``Search'' 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 8[frac12] 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-2009-317 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, Port Arthur proposes to establish permanent
security zones on the waters of the Calcasieu River in Lake Charles,
LA; Hackberry, LA, and moving security zones around certain vessels.
This proposed rule would establish new, distinct security zones on
the waters of the Calcasieu River. These zones would protect waterfront
facilities, persons, and vessels from subversive or terrorist acts.
Vessels operating within the Captain of the Port Zone are potential
targets of terrorist attacks, or platforms from which terrorist attacks
may be launched upon from other vessels, waterfront facilities, and
adjacent population centers.
This proposed rule would also delete the moving safety zone for
non-gas free Liquified Natural Gas (``LNG'') vessels transiting the
Calcasieu Channel and Calcasieu River and add a moving security zone
that may commence at any point while certain vessels are transiting the
Calcasieu Channel or Calcasieu River on U.S. territorial waters in the
Captain of the Port, Port Arthur 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 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. 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 zone. Vessels having a need to
enter these security zones must obtain express permission from the
Captain of the Port, Port Arthur or a designated representative prior
to entry.
These zones are being proposed for an area concentrated with
commercial facilities considered critical to national security. This
proposed rule is not designed to restrict access to vessels engaged, or
assisting in commerce with waterfront facilities within fixed security
zones, vessels operated by port authorities, vessels operated by
waterfront facilities within the fixed security zones, and vessels
operated by federal, state, county or municipal agencies. By limiting
access to these areas the Coast Guard would reduce potential methods of
attack on vessels, waterfront facilities, and adjacent population
centers located within the zones. All vessels not exempted under the
provisions of this proposed regulation desiring to enter these zones
would be required to obtain express permission from the Captain of the
Port, Port Arthur or a designated representative prior to entry.
[[Page 46042]]
Discussion of Proposed Rule
The Captain of the Port proposes to revise 33 CFR 165.805 to
establish permanent fixed security zones on the waters of the Calcasieu
River for the mooring basins at Trunkline LNG in Lake Charles, LA;
Cameron LNG in Hackberry, LA; and PPG Industries in Lake Charles, LA.
The coordinates and locations of the fixed security zones use the North
American Datum of 1983 (NAD 1983) and are as follows: (1) Trunkline LNG
basin, all waters encompassed by a line connecting the following
points, beginning at 30[deg]06'36'' N, 93[deg]17'36'' W, south to a
point 30[deg]06'33'' N, 93[deg]17'36'' W, east to a point
30[deg]06'30'' N, 93[deg]17'02'' W, north to a point 30[deg]06'33'' N,
93[deg]17'01'' W, then following the shoreline to the beginning point.
(2) Cameron LNG basin, all waters encompassed by a line connecting the
following points, beginning at 30[deg]02'33'' N, 93[deg]19'53'' W, east
to a point at 30[deg]02'34'' N, 93[deg]19'50'' W, south to a point at
30[deg]02'10'' N, 93[deg]19'52'' W and west to a point at
30[deg]02'10'' N, 93[deg]19'59'' W, then following the shoreline to the
beginning point. (3) PPG industries basin, all waters encompassed by a
line connecting the following points, beginning at 30[deg]13'11'' N,
93[deg]16'52'' W, east to a point at 30[deg]13'11'' N, 93[deg]16'51''
W, northeast to a point at 30[deg]13'29'' N, 93[deg]16'34'' W, then
following the shoreline to the beginning point.
In addition, the Captain of the Port proposes to establish moving
security zones for certain vessels, for which the Captain of the Port
deems enhanced security measures are necessary, on a case-by-case
basis. These moving security zones would be activated for certain
vessels within the Captain of the Port, Port Arthur zone transiting
U.S. territorial waters and extend channel edge to channel edge on the
Calcasieu Channel and shoreline to shoreline on the Calcasieu River, 2
miles ahead and 1 mile astern of certain designated vessels while in
transit. Meeting, crossing or overtaking situations are not permitted
within the security zone unless specifically authorized by the Captain
of the Port. These proposed security zones would be part of a
comprehensive port security regime designed to safeguard human life,
vessels, and waterfront facilities against sabotage or terrorist
attacks.
All vessels not exempted under paragraph (b) of the proposed
section 165.805 would be prohibited from entering the proposed security
zones unless authorized by the Captain of the Port, Port Arthur or a
designated representative. For authorization to enter the proposed
security zones vessels contact Marine Safety Unit Lake Charles at (337)
491-7800 or the on-scene patrol vessel on VHF-FM channel 13.
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 fixed
security zones are not part of the navigable waterway or a commercial
fishing ground and do not impede commercial traffic on the Calcasieu
Waterway. The proposed moving security zone is limited in nature and
would not create undue delay to vessel traffic in or around the
Calcasieu River and Ship Channel.
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 reasons: (1)
The proposed rules for fixed security zones would not interfere with
regular vessel traffic within the Calcasieu Ship Channel, Calcasieu
River or the Intracoastal Waterway; and (2) the proposed rule for
moving security zones are of limited duration and vessels may request
permission to enter the security zone from the Captain of the Port or
his representative.
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 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 Clint Smith at (337)
491-7800. 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,
[[Page 46043]]
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. 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. Revise Sec. 165.805 to read as follows:
Sec. 165.805 Security Zones; Calcasieu River and Ship Channel,
Louisiana.
(a) Location.
(1) The following areas are designated as fixed security zones,
(all coordinates are based upon North American Datum of 1983 [NAD 83]):
(i) Trunkline LNG basin, all waters encompassed by a line
connecting the following points, beginning at 30[deg]06'36'' N,
93[deg]17'36'' W, south to a point 30[deg]06'33'' N, 93[deg]17'36'' W,
east to a point 30[deg]06'30'' N, 93[deg]17'02'' W, north to a point
30[deg]06'33'' N, 93[deg]17'01'' W, then following the shoreline to the
beginning point.
(ii) Cameron LNG basin, all waters encompassed by a line connecting
the following points, beginning at 30[deg]02'33'' N, 093[deg]19'53'' W,
east to a point at 30[deg]02'34'' N, 093[deg]19'50'' W, south to a
point at 30[deg]02'10'' N, 093[deg]19'52'' W and west to a point at
30[deg]02'10'' N, 93[deg]19'59'' W, then following the shoreline to the
beginning point.
(iii) PPG industries basin, all waters encompassed by a line
connecting the following points, beginning at 30[deg]13'11'' N,
93[deg]16'52'' W, east to a point at 30[deg]13'11'' N, 93[deg]16'51''
W, northeast to a point at 30[deg]13'29'' N, 93[deg]16'34'' W, then
following the shoreline to the beginning point.
(2) The following areas are moving security zones: All waters
within the Captain of the Port, Port Arthur zone commencing at U.S.
territorial waters and extending channel edge to channel edge on the
Calcasieu Channel and shoreline to shoreline on the Calcasieu River, 2
miles ahead and 1 mile astern of certain designated vessels while in
transit. Meeting, crossing or overtaking situations are not permitted
within the security zone unless specifically authorized by the Captain
of the Port.
(b) Regulations:
(1) Entry into or remaining in a fixed zone described in paragraph
(a)(1) of this section is prohibited for all vessels except:
(i) Commercial vessels operating at waterfront facilities within
these zones;
(ii) Commercial vessels transiting directly to or from waterfront
facilities within these zones;
(iii) Vessels providing direct operational or logistical support to
commercial vessels within these zones;
(iv) Vessels operated by the appropriate port authority or by
facilities located within these zones; and
(v) Vessels operated by federal, state, county, or municipal
agencies.
(2) Entry into or remaining in moving zones described in paragraph
(a)(2) of this section is prohibited for all vessels except:
(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)(2) 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 waterfront facilities located
within the zone;
(iii) Vessels providing direct operational support to commercial
vessels within a moving security zone;
(iv) Vessels operated by federal, state, county, or municipal
agencies.
(3) Other persons or vessels requiring entry into security zones
described in this section must request permission from the Captain of
the Port, Port Arthur or designated representatives.
(4) To request permission as required by these regulations, contact
Marine Safety Unit Lake Charles at (337) 491-7800 or the on-scene
patrol vessel.
[[Page 46044]]
(5) All persons and vessels within a security zone described in
this section must comply with the instructions of the Captain of the
Port, Port Arthur, designated on-scene U.S. Coast Guard patrol
personnel or other designated representatives. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard. Designated representatives include
federal, state, local and municipal law enforcement agencies.
(c) Informational broadcasts. The Captain of the Port, Port Arthur
will inform the public when moving security zones have been established
around vessels via Broadcast Notice to Mariners.
Dated: June 15, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. E9-21580 Filed 9-4-09; 8:45 am]
BILLING CODE 4910-15-P