Security Zones; Brazos River, Freeport, TX, 61305-61308 [E9-28185]
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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules
subject to information reporting under
section 6041 (relating to information
reporting at source on rents, royalties,
salaries, etc.), section 6041A(a) (relating
to information reporting of payments for
nonemployee services), section 6050A
(relating to information reporting by
certain fishing boat operators), section
6050N (relating to information reporting
of payments of royalties), or section
6050W (relating to information
reporting for payment card and third
party network transactions), the payee
must furnish the payee’s taxpayer
identification number to the payor
either orally or in writing. Except as
provided in § 31.3406(d)–5, the payee is
not required to certify under penalties of
perjury that the taxpayer identification
number is correct regardless of when the
account, contract, or relationship is
established.
Par. 9. Section 31.6051–4 is amended
by revising paragraph (c)(2) to read as
follows:
§ 31.6051–4 Statement required in case of
backup withholding.
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(c) * * *
(2) The amount subject to reporting
under sections 6041, 6041A(a), 6042,
6044, 6045, 6049, 6050A, 6050N, or
6050W whether or not the amount of the
reportable payment is less than the
amount for which an information return
is required. If tax is withheld under
section 3406, the statement must show
the amount of the payment withheld
upon;
*
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*
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Par. 10. Section 301.6721–1(g) is
amended by:
1. Removing the language ‘‘or’’ at the
end of paragraphs (g)(2)(vi) and
(g)(3)(xii).
2. Redesignating paragraph (g)(2)(vii)
as (g)(2)(viii).
3. Adding new paragraph (g)(2)(vii).
4. Redesignating paragraphs
(g)(3)(viii), (g)(3)(ix), (g)(3)(x), (g)(3)(xi),
(g)(3)(xii) and (g)(3)(xiii) as (g)(3)(ix),
(g)(3)(x), (g)(3)(xi), (g)(3)(xii), (g)(3)(xiii)
and (g)(3)(xiv).
5. Adding the language ‘‘or’’ at the
end of newly designated paragraph
(g)(3)(xiii).
6. Adding new paragraph (g)(3)(viii).
The revisions and additions read as
follows:
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(g) * * *
(2) * * *
VerDate Nov<24>2008
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§ 301.6722–1 Failure to furnish correct
payee statements.
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PART 301—PROCEDURE AND
ADMINISTRATION
§ 301.6721–1 Failure to file correct
information returns.
(vii) Section 6050W (relating to
information returns with respect to
payments made in settlement of
payment card and third party network
transactions (effective for information
returns required to be filed for calendar
years beginning after December 31,
2010)), or
*
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(3) * * *
(viii) Section 6050W (relating to
information returns with respect to
payments made in settlement of
payment card and third party network
transactions (effective for information
returns required to be filed for calendar
years beginning after December 31,
2010)),
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Par. 11. Section 301.6722–1 is
amended by:
1. Removing the language ‘‘and’’ at
the end of paragraph (d)(2)(xviii).
2. Redesignating paragraphs
(d)(2)(xvi), (d)(2)(xvii), (d)(2)(xviii) and
(d)(2)(xix) as (d)(2)(xvii), (d)(2)(xviii),
(d)(2)(xix) and (d)(2)(xx).
3. Adding new paragraph (d)(2)(xvi).
4. Adding the language ‘‘and’’ at the
end of the newly designated paragraph
(d)(2)(xix).
5. Adding new paragraph (f).
The revisions and additions read as
follows:
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(d) * * *
(2) * * *
(xvi) Section 6050W (relating to
information returns with respect to
payments made in settlement of
payment card and third party network
transactions, generally the recipient
copy),
*
*
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*
(f) Effective/Applicability date. The
provisions of paragraph (d)(2)(xvi) of
this section apply to information returns
required to be filed for calendar years
beginning after December 31, 2010.
*
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Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E9–28076 Filed 11–23–09; 8:45 am]
BILLING CODE 4830–01–P
*
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0501]
RIN 1625–AA87
Security Zones; Brazos River,
Freeport, TX
AGENCY:
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
establish four permanent security zones
in the Brazos River in Freeport, Texas.
This security zone is needed to protect
vessels, waterfront facilities, and
surrounding areas from destruction,
loss, or injury caused by terrorism,
sabotage, subversive acts, accidents, or
incidents of a similar nature. Entry into
this zone will be prohibited except by
permission of the Captain of the Port
Houston-Galveston.
DATES: Comments and related material
must reach the Coast Guard on or before
December 24, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2009–0501 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is (202) 366–9329.
(4) Fax: (202) 493–2251.
FOR FURTHER INFORMATION CONTACT:
Lieutenant junior grade Margaret
Brown, Sector Houston-Galveston,
telephone (713) 678–9001, or e-mail
margaret.a.brown@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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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules
Privacy Act
Discussion of Proposed Rule
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. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking [USCG–2009–0501],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 8c by 11 inches, suitable for
copying and electronic filing. If you
submit them 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. We may
change this proposed rule in view of
them.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Request for Comments
We do not plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting 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.
The Captain of the Port HoustonGalveston is proposing four permanent
security zones in the waters adjacent to
the Dow Chemical Facility in Freeport,
Texas. All vessels not exempted under
this rule would be prohibited from
entering the security zone unless
authorized by the Captain of the Port
Houston-Galveston or his designated
representative. In Houston, vessels can
contact the Captain of the Port HoustonGalveston 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 Captain of the
Port Houston-Galveston through Marine
Safety Unit Galveston, by telephone at
(409) 978–2700, or by facsimile at (409)
978–2671.
The security zones are as follows:
(i) The Dow Barge Canal, containing
all waters of the Dow Barge Canal north
of a line drawn between 28°56.81′ N/
095°18.33′ W and 28°56.63′ N/
095°18.54′ W (NAD 1983). This zone
increases the size of the established
security zone to include the interior part
of the Dow Barge Canal.
(ii) The Brazos Harbor, containing all
waters west of a line drawn between
28°56.45′ N, 95°20.00′ W, and 28°56.15′
N, 95°20.00′ W (NAD 1983) at its
junction with the Old Brazos River. This
security zone remains unchanged, but
the position descriptions are changed
from Degrees-Minutes-Seconds to
Degrees-Minutes.Decimal Minutes for
ease of use and maximum compatibility
with GPS devices.
(iii) The Dow Chemical plant,
containing all waters of the Brazos Point
Turning Basin within 100′ of the north
shore and bounded on the east by the
longitude line drawn through 28°56.58′
N/095°18.64′ W and on the west by the
longitude line drawn through 28°56.64′
N/095°19.13′ W (NAD 1983). This is a
new security zone surrounding the
docks of the Dow Chemical Plant.
(iv) The Seaway Teppco Facility,
containing all waters of the Brazos Port
Turning Basin bounded on the south by
the shore, the north by the Federal
Channel, on the east by the longitude
line running through 28°56.44′ N,
95°18.83′ W and 28°56.48′ N 095°18.83′
W and on the West by the longitude line
running through 28°56.12′ N, 95°19.27′
W and 28°56.11′ N, 095°19.34′ W (NAD
1983). This is a new security zone
surrounding the docks of the Seaway
Teppco Facility.
(v) The Conoco Phillips Facility
docks, containing all waters within 100
feet of a line drawn from a point on
shore at approximate position 28°55.96′
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0501’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
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.
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Public Meeting
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
four permanent security zones within
the port of Freeport, TX.
These zones would 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. The zones
being proposed are in areas with a high
concentration of commercial facilities
that are considered critical to national
security.
All vessels not exempted under
§ 165.814(c) desiring to enter this zone
would be required to obtain express
permission from the Captain of the Port
Houston-Galveston or his designated
representative prior to entry. This
proposed rule is not designed to restrict
access to vessels engaged, or assisting in
commerce with waterfront facilities
within the security zones, vessels
operated by port authorities, vessels
operated by waterfront facilities within
the security zones, and vessels operated
by federal, state, county or municipal
agencies. By limiting access to this area
the Coast Guard would reduce potential
methods of attack on vessels, waterfront
facilities, and adjacent population
centers located within the zones.
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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules
N, 095°19.77′ W east to a point on shore
at approximate position 28°56.19′ N,
095°20.07′ W (NAD 1983). This is a new
security zone surrounding the docks of
the Conoco Phillips facility.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS). 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 security zones are not part of
the Federal Channel. It does not impede
commercial traffic to, from, or within
the Port of Freeport. Recreational and
commercial fishing vessel traffic will be
able to transit the Brazos River within
the Federal 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 reason: This proposed rule
would not interfere with any
commercial vessel traffic within the Old
Brazos River.
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
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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
junior grade Margaret Brown at (713)
678–9001. 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,
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61307
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 Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. The
proposed rule involves establishing
security zones and is excluded under
paragraph 34(g) of the Commandant
Instruction. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
W and 28°56.11′ N, 095°19.34′ W (NAD
1983).
(v) The Conoco Phillips Facility
docks, containing all waters within 100′
of a line drawn from a point on shore
at Latitude 28°55.96′ N, Longitude
095°19.77′ W, extending west to a point
on shore at Latitude 28°56.19′ N,
Longitude 095°20.07′ W (NAD 1983).
Dated: September 29, 2009.
Marcus E. Woodring,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. E9–28185 Filed 11–23–09; 8:45 am]
BILLING CODE 4910–15–P
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 § 165.814(a)(5) to read as
follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
§ 165.814 Security Zones; Captain of the
Port Houston-Galveston Zone.
(a) * * * * *
(5) Freeport, Texas. (i) The Dow Barge
Canal, containing all waters of the Dow
Barge Canal north of a line drawn
between 28°56.81′ N/095°18.33′ W and
28°56.63′ N/095°18.54′ W (NAD 1983).
(ii) The Brazos Harbor, containing all
waters west of a line drawn between
28°56.45′ N, 95°20.00′ W, and 28°56.15′
N, 95°20.00′ W (NAD 1983) at its
junction with the Old Brazos River.
(iii) The Dow Chemical plant,
containing all waters of the Brazos Point
Turning Basin within 100′ of the north
shore and bounded on the east by the
longitude line drawn through 28°56.58′
N/095°18.64′ W and on the west by the
longitude line drawn through 28°56.64′
N/095°19.13′ W (NAD 1983).
(iv) The Seaway Teppco Facility,
containing all waters of the Brazos Port
Turning Basin bounded on the south by
the shore, the north by the Federal
Channel, on the east by the longitude
line running through 28°56.44′ N,
95°18.83′ W and 28°56.48′ N 095°18.83′
W and on the West by the longitude line
running through 28°56.12′ N, 95°19.27′
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 09–194; FCC 09–94]
Empowering Parents and Protecting
Children in an Evolving Media
Landscape
Federal Communications
Commission.
ACTION: Notice of inquiry.
AGENCY:
SUMMARY: This document seeks
comment on how to empower parents to
help their children take advantage of the
opportunities offered by evolving
electronic media technologies while at
the same time protecting children from
the risks inherent in use of these
technologies. It asks for comment about
the extent to which children are using
electronic media today, the benefits and
risks this presents, and the ways in
which parents, teachers, and children
can help reap the benefits while
minimizing the risks of using these
technologies. It also asks about the
effectiveness of media literacy efforts
and about how the Commission can
assist with efforts being made by other
Federal agencies that are addressing
similar issues.
DATES: Comments are due January 25,
2010; reply comments are due February
22, 2010.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact David Konczal,
Media Bureau, Policy Division at (202)
418–2228 or at David.Konczal@fcc.gov,
Kim Matthews, Media Bureau, Policy
Division at (202) 418–2154 or at
Kim.Matthews@fcc.gov, or Holly Saurer,
Media Bureau, Policy Division at (202)
418–7283 or at Holly.Saurer@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Inquiry (NOI), FCC 09–94, adopted on
October 22, 2009, and released on
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October 23, 2009. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street, SW., CY–
A257, Washington, DC 20554. This
document will also be available via
ECFS (https://www.fcc.gov/cgb/ecfs/).
(Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Summary of the Notice of Inquiry
Introduction
The evolving electronic media
landscape presents parents with both
tremendous opportunities and critical
challenges. On the one hand, electronic
media technologies present many
benefits for children, such as offering an
almost unlimited potential for
educational avenues and providing the
technological literacy needed to
compete in a global economy. On the
other hand, the technological
developments that produce these
benefits also present risks for children.
With this Notice of Inquiry (‘‘NOI’’), we
seek to develop a record that will help
us answer the question of how to
empower parents to help their children
take advantage of these opportunities,
while at the same time protecting
children from the risks inherent in use
of these platforms.
From television to mobile devices to
the Internet, electronic media offer
children today avenues for education
that their parents could never have
envisioned. Using a television, a mobile
device, a computer, or other media
platform, children potentially can
access educational information on every
topic imaginable. The new media
landscape is also participatory in
nature. In addition to passively viewing
or listening to educational content,
children are using new technologies,
such as social networking sites, to
interact with and learn from relatives,
friends, and others located across the
globe.
As children are exposed to new media
platforms, however, they may also be
exposed to content that is inappropriate
E:\FR\FM\24NOP1.SGM
24NOP1
]]>Agencies
[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Proposed Rules]
[Pages 61305-61308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28185]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0501]
RIN 1625-AA87
Security Zones; Brazos River, Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish four permanent security
zones in the Brazos River in Freeport, Texas. This security zone is
needed to protect vessels, waterfront facilities, and surrounding areas
from destruction, loss, or injury caused by terrorism, sabotage,
subversive acts, accidents, or incidents of a similar nature. Entry
into this zone will be prohibited except by permission of the Captain
of the Port Houston-Galveston.
DATES: Comments and related material must reach the Coast Guard on or
before December 24, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0501 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is (202) 366-9329.
(4) Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Lieutenant junior grade Margaret
Brown, Sector Houston-Galveston, telephone (713) 678-9001, or e-mail
margaret.a.brown@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:
[[Page 61306]]
Request for Comments
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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking [USCG-2009-0501], indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit them 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. We may change this
proposed rule in view of them.
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0501'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' 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 plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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 four
permanent security zones within the port of Freeport, TX.
These zones would 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. The zones being proposed are in areas with a high
concentration of commercial facilities that are considered critical to
national security.
All vessels not exempted under Sec. 165.814(c) desiring to enter
this zone would be required to obtain express permission from the
Captain of the Port Houston-Galveston or his designated representative
prior to entry. This proposed rule is not designed to restrict access
to vessels engaged, or assisting in commerce with waterfront facilities
within the security zones, vessels operated by port authorities,
vessels operated by waterfront facilities within the security zones,
and vessels operated by federal, state, county or municipal agencies.
By limiting access to this area the Coast Guard would reduce potential
methods of attack on vessels, waterfront facilities, and adjacent
population centers located within the zones.
Discussion of Proposed Rule
The Captain of the Port Houston-Galveston is proposing four
permanent security zones in the waters adjacent to the Dow Chemical
Facility in Freeport, Texas. All vessels not exempted under this rule
would be prohibited from entering the security zone unless authorized
by the Captain of the Port Houston-Galveston or his designated
representative. In Houston, vessels can contact the Captain of the Port
Houston-Galveston 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 Captain of the
Port Houston-Galveston through Marine Safety Unit Galveston, by
telephone at (409) 978-2700, or by facsimile at (409) 978-2671.
The security zones are as follows:
(i) The Dow Barge Canal, containing all waters of the Dow Barge
Canal north of a line drawn between 28[deg]56.81' N/095[deg]18.33' W
and 28[deg]56.63' N/095[deg]18.54' W (NAD 1983). This zone increases
the size of the established security zone to include the interior part
of the Dow Barge Canal.
(ii) The Brazos Harbor, containing all waters west of a line drawn
between 28[deg]56.45' N, 95[deg]20.00' W, and 28[deg]56.15' N,
95[deg]20.00' W (NAD 1983) at its junction with the Old Brazos River.
This security zone remains unchanged, but the position descriptions are
changed from Degrees-Minutes-Seconds to Degrees-Minutes.Decimal Minutes
for ease of use and maximum compatibility with GPS devices.
(iii) The Dow Chemical plant, containing all waters of the Brazos
Point Turning Basin within 100' of the north shore and bounded on the
east by the longitude line drawn through 28[deg]56.58' N/095[deg]18.64'
W and on the west by the longitude line drawn through 28[deg]56.64' N/
095[deg]19.13' W (NAD 1983). This is a new security zone surrounding
the docks of the Dow Chemical Plant.
(iv) The Seaway Teppco Facility, containing all waters of the
Brazos Port Turning Basin bounded on the south by the shore, the north
by the Federal Channel, on the east by the longitude line running
through 28[deg]56.44' N, 95[deg]18.83' W and 28[deg]56.48' N
095[deg]18.83' W and on the West by the longitude line running through
28[deg]56.12' N, 95[deg]19.27' W and 28[deg]56.11' N, 095[deg]19.34' W
(NAD 1983). This is a new security zone surrounding the docks of the
Seaway Teppco Facility.
(v) The Conoco Phillips Facility docks, containing all waters
within 100 feet of a line drawn from a point on shore at approximate
position 28[deg]55.96'
[[Page 61307]]
N, 095[deg]19.77' W east to a point on shore at approximate position
28[deg]56.19' N, 095[deg]20.07' W (NAD 1983). This is a new security
zone surrounding the docks of the Conoco Phillips facility.
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). 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 security zones are not part of
the Federal Channel. It does not impede commercial traffic to, from, or
within the Port of Freeport. Recreational and commercial fishing vessel
traffic will be able to transit the Brazos River within the Federal
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 reason: This
proposed rule would not interfere with any commercial vessel traffic
within the Old Brazos River.
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 junior grade Margaret
Brown at (713) 678-9001. 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 Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969
[[Page 61308]]
(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is not likely to have a significant
effect on the human environment. A preliminary ``Environmental Analysis
Check List'' supporting this preliminary determination is available in
the docket where indicated under ADDRESSES. The proposed rule involves
establishing security zones and is excluded under paragraph 34(g) of
the Commandant Instruction. 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. 165.814(a)(5) to read as follows:
Sec. 165.814 Security Zones; Captain of the Port Houston-Galveston
Zone.
(a) * * * * *
(5) Freeport, Texas. (i) The Dow Barge Canal, containing all waters
of the Dow Barge Canal north of a line drawn between 28[deg]56.81' N/
095[deg]18.33' W and 28[deg]56.63' N/095[deg]18.54' W (NAD 1983).
(ii) The Brazos Harbor, containing all waters west of a line drawn
between 28[deg]56.45' N, 95[deg]20.00' W, and 28[deg]56.15' N,
95[deg]20.00' W (NAD 1983) at its junction with the Old Brazos River.
(iii) The Dow Chemical plant, containing all waters of the Brazos
Point Turning Basin within 100' of the north shore and bounded on the
east by the longitude line drawn through 28[deg]56.58' N/095[deg]18.64'
W and on the west by the longitude line drawn through 28[deg]56.64' N/
095[deg]19.13' W (NAD 1983).
(iv) The Seaway Teppco Facility, containing all waters of the
Brazos Port Turning Basin bounded on the south by the shore, the north
by the Federal Channel, on the east by the longitude line running
through 28[deg]56.44' N, 95[deg]18.83' W and 28[deg]56.48' N
095[deg]18.83' W and on the West by the longitude line running through
28[deg]56.12' N, 95[deg]19.27' W and 28[deg]56.11' N, 095[deg]19.34' W
(NAD 1983).
(v) The Conoco Phillips Facility docks, containing all waters
within 100' of a line drawn from a point on shore at Latitude
28[deg]55.96' N, Longitude 095[deg]19.77' W, extending west to a point
on shore at Latitude 28[deg]56.19' N, Longitude 095[deg]20.07' W (NAD
1983).
Dated: September 29, 2009.
Marcus E. Woodring,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-28185 Filed 11-23-09; 8:45 am]
BILLING CODE 4910-15-P
