[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Rules and Regulations]
[Page 13341-13343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr09-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2009-0005]
RIN 1625-AA87
Temporary Security Zone; Freeport LNG Basin, Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the Freeport LNG Basin. This security zone is needed to protect
vessels, waterfront facilities, the public, and other surrounding areas
from destruction, loss, or injury caused by sabotage, subversive acts,
accidents, or other actions of a similar nature. Entry into this zone
would be prohibited, except for vessels that have obtained the express
permission from the Captain of the Port Houston-Galveston or his
designated representative.
DATES: This rule is effective from 12 p.m. (noon) on January 15, 2009
until 12 a.m. (noon) on April 30, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [USCG-2009-0005] and are available
online by going to http://www.regulations.gov, selecting the Advanced
Docket Search option on the right side of the screen, inserting USCG-
2009-0005 in the Docket ID box, pressing Enter, and then clicking on
the item in the Docket ID column. This material is also available for
inspection or copying at two locations: the 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and the Marine Safety Unit Galveston, 3101 FM 2004 Texas City,
Texas 77591 between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Cliff Harder, Marine Safety
Unit Galveston, Texas, at 409-978-2705. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Publishing a NPRM and
delaying its effective date would be contrary to public interest since
immediate action is needed to reduce potential methods of attack on
vessels, waterfront facilities, and adjacent population centers located
within the zones.
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 is establishing a temporary
security zone.
This rule will create a new temporary security zone within the port
of Freeport, TX. This zone 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.
This zone is being established for an area concentrated with
commercial facilities considered critical to national security. This
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. All such vessels, which are listed in 33 CFR 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.
Discussion of Rule
The Captain of the Port Houston-Galveston is establishing a
temporary security zone in the Freeport LNG Basin. The zone would
encompass all waters shoreward of a line drawn between the eastern
point at 28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at
28[deg]56'28'' N, 095[deg]18'31'' W. This security zone 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 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. This rule is effective from 12 a.m. (noon) on January 15,
2009 until 12 a.m. (noon) on April 30, 2009.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory
[[Page 13342]]
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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The basis of this finding is that the security
zone is not part of the navigable waterway or a commercial fishing
ground. It does not impede commercial traffic to or from the Port of
Freeport or on the adjacent Intracoastal Waterway. Additionally, any
other vessel wishing to enter the security zone may request permission
to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reason: This
rule will not interfere with regular vessel traffic within the Freeport
Ship Channel and/or the Intracoastal Waterway.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Cliff Harder at 409-
978-2705.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect in taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs 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 rule would not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. Therefore, this rule is categorically excluded,
under section 2.B.2, figure 2-1, paragraph (34)(g) of the Instruction.
Paragraph (34)(g) covers regulations establishing, disestablishing, or
changing security zones. This rule involves temporarily establishing a
security zone in the Freeport LNG Basin.
Neither an environmental assessment nor an environmental impact
statement is required. An ``Environmental Analysis Check List'' and a
categorical exclusion are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 13343]]
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 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.
0
2. Add Sec. 165.T08-0005 to read as follows:
Sec. 165.T08-0005 Security Zone; Freeport LNG Basin, Freeport, TX.
(a) Location. The security zone includes all waters, from surface
to bottom, shoreward of a line drawn between the point at
28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at
28[deg]56'28'' N, 095[deg]18'31'' W.
(b) Definitions. For the purposes of this section:
Designated Representative means any U.S. Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Houston-Galveston, to assist in the enforcement of the security
zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Houston-Galveston or a designated
representative.
(2) Entry into or remaining in the security zones described in
paragraph (a) of this section is prohibited for all vessels except:
(i) Commercial vessels operating at the waterfront facilities
within these security zones;
(ii) Commercial vessel transiting directly to or from waterfront
facilities within these security zones;
(iii) Vessels providing direct operational/logistic support to
commercial vessels within these security zones;
(iv) Vessels operated by the port authority or by facilities
located within these security zones; and
(v) Vessels operated by federal, state, county, or municipal
agencies;
(3) All persons and vessels within the security zone must comply
with the instructions of the Captain of the Port Houston-Galveston and
designated on-scene U.S. Coast Guard patrol personnel.
(4) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Houston-
Galveston, or a designated representative. They may be contacted at
``Sector Houston-Galveston'' on VHF-FM Channel 16, or by phone at (713)
671-5113.
(5) All persons and vessels shall comply with the instructions of
the Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
Dated: January 15, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-6818 Filed 3-26-09; 8:45 am]