[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Proposed Rules]
[Pages 29695-29699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12738]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0316]
RIN 1625-AA87
Security Zones; Sabine Bank Channel, Sabine Pass Channel and
Sabine-Neches Waterway, TX
AGENCY: Coast Guard, DHS.
[[Page 29696]]
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, Port Arthur
deems enhanced security measures are necessary. In addition, the Coast
Guard proposes a 100-foot security zone around LNG carriers while they
are moored at the Golden Pass LNG facility in Sabine, TX and/or the
Sabine Pass LNG facility located in Cheniere, LA.
DATES: Comments and related material must be received by the Coast
Guard on or before June 28, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0316 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.
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: If you have questions on this proposed
rule, call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur,
Coast Guard; telephone 409-719-5086, e-mail [email protected]. 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-2009-0316), 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0316'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0316'' 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 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
At this time, 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, Port Arthur proposes to establish security zones
around certain vessels. 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.
Due to the potential for terrorist attacks, this proposed rule
would allow the Captain of the Port to create fixed security zones
around moored LNG carriers and moving security zones around certain
vessels as deemed necessary. 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, Port Arthur zone. Vessels having a need to enter these
security zones must obtain permission from the Captain of the Port 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 deems enhanced
security measures are necessary. Mariners will be notified of the
activation of a moving security zone by Broadcast Notice to Mariners.
Active moving security zones may also be identified by the presence of
escort vessels displaying flashing blue law enforcement lights.
The moving security zones would be activated for certain vessels
within the
[[Page 29697]]
Captain of the Port zone commencing at U.S. territorial waters through
Sabine Bank Channel, Sabine Pass Channel and the Sabine-Neches
Waterway, extending from the surface to the bottom. These moving
security zones would extend channel edge to channel edge on the Sabine
Bank and Sabine Pass Channel and shoreline to shoreline on the Sabine-
Neches Waterway, 2 miles ahead and 1 mile astern of the designated
vessels while in transit. Meeting, crossing or overtaking situations
are not permitted within the security zone unless specifically
authorized by the Captain of the Port.
In addition, the Coast Guard proposes a 100-foot security zone
around LNG carriers while they are moored at the Golden Pass LNG
facility in Sabine, TX and/or the Sabine Pass LNG facility located in
Cheniere, LA.
These proposed security zones would be part of a comprehensive port
security regime designed to safeguard human life, vessels, and
waterfront facilities against sabotage or terrorist attacks.
All vessels not exempted under paragraph (b) of the proposed
section 165.819 would be prohibited from entering or remaining in these
security zones unless authorized by the Captain of the Port, Port
Arthur or his designated representative. For authorization to enter the
proposed security zones, vessels could contact the Captain of the
Port's on-scene representative or Vessel Traffic Service Port Arthur on
VHF Channel 01A or 65A, by telephone at (409) 719-5070, or by facsimile
at (409) 719-5090.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 proposed fixed security zones around moored
LNG carriers would be of limited size and duration and the affected
area would not hinder or delay regular vessel traffic. The moving
security zone wound be limited and would not create undue delay to
vessel traffic because vessel traffic may request permission to enter
the zone from the Captain of the Port.
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 affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit through the fixed or moving
security zones. The proposed fixed security zones would be of limited
size and duration and the affected area would not hinder or delay
regular vessel traffic; The proposed rule for moving security zone
would not create undue delay to vessel traffic because vessel traffic
may request permission to enter the zone. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this 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 Mr. Scott Whalen, Marine Safety
Unit Port Arthur, Coast Guard; telephone (409) 719-5086, e-mail
[email protected]. The Coast Guard will not retaliate against
small entities that question or complain about this proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed 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 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
[[Page 29698]]
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 does 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 023-01 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 determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing security zones. Therefore, this rule would
be categorically excluded under Figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1D, which addresses regulations
establishing, disestablishing, or changing Regulated Navigation Areas
and security or safety zones. 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add new Sec. 165.819 to read as follows:
Sec. 165.819 Security Zone; Sabine Bank Channel, Sabine Pass Channel
and Sabine-Neches Waterway, TX.
(a) Location.
(1) The following areas are designated as fixed security zones: All
waters within a 100-feet radius of LNG carriers moored at:
(i) Golden Pass LNG facility located in Sabine, TX, in position
29[deg]45'52'' N 093[deg]55'25'' W; and/or
(ii) Sabine Pass LNG facility located in Cheniere, LA, in position
29[deg]44'31'' N 093[deg]52'18'' W.
(2) The following areas are designated as moving security zones:
All waters of the Captain of the Port, Port Arthur Zone commencing at
U.S. territorial waters and extending from the surface to the bottom,
channel edge to channel edge on the Sabine Bank and Sabine Pass
Channels and shoreline to shoreline on the Sabine-Neches Waterway, 2
miles ahead and 1 mile astern of certain designated vessels while in
transit within in the Captain of the Port, Port Arthur zone. Mariners
would be notified of designated vessels by Broadcast Notice to Mariners
and the presence of escort vessels displaying flashing blue law
enforcement lights.
(b) Regulations.
(1) Entry into or remaining in a fixed security zone described in
paragraph (a)(1) of this section is prohibited for all vessels except:
(i) Commercial vessels operating at waterfront facilities within
these zones;
(ii) Commercial vessels transiting directly to or from waterfront
facilities within these zones;
(iii) Vessels providing direct operational or logistical support to
commercial vessels within these zones;
(iv) Vessels operated by the appropriate port authority or by
facilities located within these zones; and
(v) Vessels operated by federal, state, county, or municipal law
enforcement agencies.
(2) Entry into or remaining in a moving security zone described in
paragraph (a)(2) of this section is prohibited for all vessels except:
(i) Moored vessels or vessels anchored in a designated anchorage
area. A moored or an anchored vessel in a security zone described in
paragraph (a)(2) of this section must remain moored or anchored unless
it obtains permission from the Captain of the Port to do otherwise;
(ii) Commercial vessels operating at waterfront facilities located
within the zone;
(iii) Vessels providing direct operational support to commercial
vessels within a moving security zone;
(iv) Vessels operated by federal, state, county, or municipal law
enforcement agencies.
(3) Meeting, crossing or overtaking situations are not permitted
within the security zone described in paragraph (a)(2) of this section
unless specifically authorized by the Captain of the Port.
(4) Other persons or vessels requiring entry into security zones
described in this section must request permission from the Captain of
the Port, Port Arthur or designated representative.
(5) To request permission to enter a security zone described in
this section, contact Vessel Traffic Service Port Arthur on VHF Channel
01A or 65A; by telephone at (409) 719-5070; by fax at (409) 719-5090;
or contact the Captain of the Port's designated on-scene patrol vessel
on VHF channel 13 or 16.
(6) All persons and vessels within a security zone described in
this section must comply with the instructions of the Captain of the
Port, Port Arthur, designated on-scene U.S. Coast Guard patrol
personnel or other designated representatives. Designated on-scene U.S.
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard. Designated representatives include
federal, state, local and municipal law enforcement agencies.
[[Page 29699]]
Dated: April 22, 2010.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2010-12738 Filed 5-26-10; 8:45 am]
BILLING CODE 9110-04-P