[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Rules and Regulations]
[Page 13343-13345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr09-10]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2009-0006]
RIN 1625-AA87
Temporary Moving Security Zone; Freeport Channel Entrance,
Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary moving security
zones for certain vessels, for which the Captain of the Port, Houston-
Galveston, deems enhanced security measures necessary on a case-by-case
basis. These moving security zones would extend 1,000 yards ahead and
astern and 500 yards on each side of certain vessels, which will
display the international signal flag or pennant number five to signal
a security zone is established around the vessel. The moving security
zone may commence at any point after certain vessels bound for the Port
of Freeport enter the U.S. territorial waters (12 nautical miles) in
the Captain of the Port Houston-Galveston zone. These security zones
are needed to safeguard the vessels, the public, and the surrounding
area from sabotage or other subversive acts, accidents, or other events
of a similar nature. Unless exempted under this rule, entry into or
movement within these security zones would be prohibited without
permission from the Captain of the Port Houston-Galveston.
DATES: This rule is effective from 12 p.m. (noon) on January 15, 2009
until 12 a.m. on April 31, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [USCG-2009-0006] 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-
2009-0006 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, TX 77591, between 8 a.m. and 4 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 temporary moving
security zones around escorted vessels.
This rule would establish distinct moving security zones that may
commence at any point after certain vessels bound for the Port of
Freeport enter the 12-nautical mile U.S. territorial waters in the
Captain of the Port Houston-Galveston zone. These zones would be
established to protect waterfront facilities, persons, and vessels from
subversive or terrorist acts.
[[Page 13344]]
Vessels operating within the Captain of the Port Houston-Galveston zone
are potential targets of terrorist attacks, or potential launch
platforms for terrorist attacks on other vessels, waterfront
facilities, and adjacent population centers.
Due to the potential for terrorist attacks, this rule would allow
the Captain of the Port to create moving security zones around certain
vessels as deemed necessary, on a case-by-case basis. All vessels
around which a security zone is deemed necessary will display the
international signal flag or pennant number five, to signal that there
is a security zone established around the vessel. By limiting access to
these areas, the Coast Guard is reducing potential methods of attack on
vessels, waterfront facilities, and adjacent population centers located
within these security zones. Vessels having a need to enter these
security zones must obtain express permission from the Captain of the
Port Houston-Galveston or his designated representative prior to entry.
Discussion of Rule
The Coast Guard is establishing moving security zones for certain
vessels, for which the Captain of the Port Houston-Galveston deems
enhanced security measures necessary on a case-by-case basis. These
moving security zones will be activated for certain vessels within the
Captain of the Port Houston-Galveston zone commencing at U.S.
territorial waters through the Freeport Entrance Channel, extending
from the surface to the sea floor. These moving security zones are
established as follows: 1,000 yards ahead and astern and 500 yards on
each side of certain vessels while in transit. Unless exempted under
this rule, these moving security zones would prohibit entry into or
movement within this portion of the Captain of the Port Houston-
Galveston zone without Captain of the Port authorization. These
security zones are needed to safeguard the vessels, the public, and the
surrounding area from sabotage or other subversive acts, accidents, or
other events of a similar nature.
All vessels not exempted under this rule would be prohibited from
entering these security zones unless authorized by the Captain of the
Port Houston-Galveston or his designated representative. In Houston,
vessels can contact the 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 p.m.
(noon) on January 15, 2009 until 12 a.m. on April 31, 2009.
Regulatory Evaluation
This 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 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 duration
of the security zones is limited in nature and would not create undue
delay to vessel traffic in and around the Port of Freeport.
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
would 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: The
duration of the security zones is limited in nature and would not
create undue delay to vessel traffic in and around the Port of
Freeport.
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. 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 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 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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect 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 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 would not create an
environmental risk to health or risk to safety that might
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 would not have a substantial
[[Page 13345]]
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 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 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 Captain of the Port Houston-Galveston zone.
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.
0
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
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;
3706; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T818 to read as follows:
Sec. 165.T818 Moving Security Zones for Certain Vessels in Freeport
Entrance Channel, Freeport, Texas.
(a) Location. The following areas are security zones: All waters
within the Captain of the Port Houston-Galveston Zone commencing at
U.S. territorial waters through the Freeport Entrance Channel, from
surface to bottom, one thousand (1,000) yards ahead and astern and five
hundred (500) yards on each side of any vessel within the 12 nautical
mile U.S. Territorial Waters in the Captain of the Port Houston-
Galveston zone that displays the international signal flag or pennant
number five.
(b) 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) Moored vessels or vessels anchored in a designated anchorage
area. A moored or an anchored vessel in a security zone must remain
moored or anchored unless it obtains permission from the Captain of the
Port Houston-Galveston to do otherwise;
(ii) Commercial vessels operating at the waterfront facilities
within these security zones;
(iii) Commercial vessel transiting directly to or from waterfront
facilities within these security zones;
(iv) Vessels providing direct operational/logistic support to
commercial vessels within these security zones;
(v) Vessels operated by the port authority or by facilities located
within these security zones; and
(vi) Vessels operated by federal, state, county, or municipal
agencies;
(3) All persons and vessels within the moving 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) To request permission as required by these regulations, contact
the Sector Houston-Galveston Command Center by telephone at 713-671-
5113. In Freeport, vessels should contact the Captain of the Port
Houston Galveston's designated representative for the moving security
zone on VHF Channel 16, or by telephone at 979-233-7551.
(d) Informational broadcasts. The Captain of the Port Houston-
Galveston will inform the public when moving security zones have been
established around certain vessels via Broadcast Notice to Mariners on
VHF channel 16 and 13.
Dated: January 15, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-6820 Filed 3-26-09; 8:45 am]