[Federal Register: April 30, 2009 (Volume 74, Number 82)]
[Proposed Rules]
[Page 19923-19926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap09-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0125]
RIN 1625-AA87
Security Zone; Freeport Channel Entrance, Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish moving security zones
for certain vessels, for which the Captain of the Port, Houston-
Galveston deems enhanced security measures necessary on a case-by-case
basis. These moving security zones would extend 1,000 yards ahead and
astern and 500 yards on each side of certain vessels, which would
display the international signal flag or pennant number five to signal
a security zone is established around the vessel. The moving security
zone may commence at any point after certain vessels bound for the Port
of Freeport enter the U.S. territorial waters (12 nautical miles) in
the Captain of the Port (COTP) Houston-Galveston zone. These security
zones are needed to safeguard the vessels, the public, and the
surrounding area from sabotage or other subversive acts, accidents, or
other events of a similar nature. Unless exempted under this rule,
entry into or movement within these security zones would be prohibited
without permission from the COTP Houston-Galveston.
DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0125 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) To avoid duplication, please use only one of these four
methods. See the ``Public Participation and Request for Comments''
portion of the SUPPLEMENTARY INFORMATION section below for instructions
on submitting comments.
FOR FURTHER INFORMATION CONTACT: Lieutenant Cliff Harder, Marine Safety
Unit Galveston, telephone (409) 978-2700, extension 2705, or e-mail
cliff.j.harder@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0125), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://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 http://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 http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0124'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand
[[Page 19924]]
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0124 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Heightened awareness of potential terrorist acts requires enhanced
security of our ports, harbors, and vessels; to enhance security, the
Captain of the Port Houston-Galveston proposes to establish moving
security zones around certain vessels. This would make permanent a
temporary final rule that was effective from January 15, 2009, to April
30, 2009. See 74 FR 13343.
This proposed rule would establish distinct moving security zones
that may commence at any point after certain vessels bound for the Port
of Freeport enter the 12 nautical mile U.S. territorial waters in the
Captain of the Port Houston-Galveston zone. These security zones would
be established to protect waterfront facilities, persons, and vessels
from subversive or terrorist acts. Vessels operating within the Captain
of the Port Houston-Galveston Zone are potential targets of terrorist
attacks, or potential launch platforms for terrorist attacks on other
vessels, waterfront facilities, and adjacent population centers.
Due to the potential for terrorist attacks, this proposed rule
would allow the Captain of the Port to create moving security zones
around certain vessels as deemed necessary, on a case-by-case basis.
All vessels around which a security zone is deemed necessary would
display the international signal flag or pennant number five, to signal
that there is a security zone established around the vessel. By
limiting access to these areas, the Coast Guard is reducing potential
methods of attack on these vessels, and potential use of the vessels to
launch attacks on waterfront facilities and adjacent population centers
located within the Captain of the Port Houston-Galveston zone. Vessels
having a need to enter these security zones must obtain express
permission from the Captain of the Port Houston-Galveston or his
designated representative prior to entry.
Discussion of Proposed Rule
The Coast Guard proposes to establish moving security zones for
certain vessels, for which the Captain of the Port Houston-Galveston
deems enhanced security measures necessary on a case-by-case basis.
These moving security zones would be activated for certain vessels
within the Captain of the Port Houston-Galveston zone commencing at
U.S. territorial waters through the Freeport Entrance Channel,
extending from the surface to the sea floor. These moving security
zones would be established as follows: 1000 yards ahead and astern and
500 yards on each side of certain vessels, which would display the
international signal flag or pennant number five, while in transit.
Unless exempted under this rule, these moving security zones would
prohibit entry into or movement within this portion of the Captain of
the Port Houston-Galveston zone without Captain of the Port
authorization. These security zones are needed to safeguard the
vessels, the public, and the surrounding area from sabotage or other
subversive acts, accidents, or other events of a similar nature.
All vessels not exempted under this rule would be prohibited from
entering these security zones unless authorized by the Captain of the
Port Houston-Galveston or his designated representative. In Houston,
vessels can contact the COTP through Vessel Traffic Service Houston/
Galveston on VHF Channel 5A, by telephone at (713) 671-5103, or by
facsimile at (713) 671-5159. In Freeport, vessels can contact the COTP
through Marine Safety Unit Galveston, by telephone at (409) 978-2700,
or by facsimile at (409) 978-2671.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The basis of
this finding is that the duration of the proposed security zones is
limited in nature and would not create undue delay to vessel traffic in
and around the Port of Freeport.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason: The
duration of the proposed security zones is limited in nature and would
not create undue delay to vessel traffic in and around the Port of
Freeport.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 19925]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Cliff Harder at (409)
978-2700, extension 2705. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule would not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves establishing moving security
zones around certain vessels in the Caption of the Port Houston-
Galveston zone. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add new Sec. 165.818 to read as follows:
Sec. 165.818 Moving security zones, for certain vessels in Freeport
Entrance Channel, Freeport, Texas.
(a) Location. The following areas are security zones: All waters
within the Captain of the Port Houston-Galveston Zone commencing at
U.S. territorial waters through the Freeport Entrance Channel, from
surface to bottom, one thousand (1000) yards ahead and astern and five
hundred (500) yards on each side of any vessel within the 12 nautical
mile U.S. Territorial Waters in the Captain of the Port Houston-
Galveston zone that displays the international signal flag or pennant
number five.
(b) Regulations. (1) Entry into or remaining in the zones described
in paragraph (a) of this section is prohibited for all vessels except:
[[Page 19926]]
(i) Moored vessels or vessels anchored in a designated anchorage
area. A moored or an anchored vessel in a security zone described in
paragraph (a) of this section must remain moored or anchored unless it
obtains permission from the Captain of the Port to do otherwise.
(ii) Commercial vessels operating at the waterfront facilities
within zone described in paragraph (a) of this section.
(iii) Commercial vessel transiting directly to or from waterfront
facilities within a security zone described in paragraph (a) of this
section.
(iv) Vessels providing direct operational/logistic support to
commercial vessels within a security zone described in paragraph (a) of
this section.
(v) Vessels operated by the port authority or by facilities located
within a security zone described in paragraph (a) of this section.
(vi) Vessels operated by federal, state, county, or municipal
agencies.
(2) All persons and vessels within a security zone described in
paragraph (a) of this section must comply with the instructions of the
Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
(3) To request permission as required by these regulations, contact
the Sector Houston-Galveston Command Center by telephone at (713) 671-
5113. In Freeport, vessels should contact the Captain of the Port's
designated on-scene representative for the moving security zone on VHF
Channel 16, or by telephone at (979) 233-7551.
(c) Informational broadcasts. The Captain of the Port Houston-
Galveston will inform the public when moving security zones have been
established around vessels via Broadcast Notice to Mariners on VHF
channel 16 and 13.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: February 18, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-9990 Filed 4-29-09; 8:45 am]
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