[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8491-8493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3814]
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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: Final rule.
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SUMMARY: The Coast Guard has established four permanent security zones
in the Brazos River in Freeport, Texas. These security zones are being
put in place 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 these zones is prohibited except by permission of the Captain of
the Port Houston-Galveston.
DATES: This rule is effective March 29, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0501 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0501 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant junior grade Margaret Brown, Coast Guard
Sector Houston-Galveston; telephone (713) 678-9001, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 24, 2009 we published a notice of proposed rulemaking
(NPRM) entitled Security Zones; Brazos River, Freeport, TX in the
Federal Register (74 FR 61305). We received no comments on the proposed
rule.
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 has established four permanent
security zones within the port of Freeport, TX.
These zones 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 are in areas with a high concentration of commercial facilities
that are considered critical to national security.
All vessels not exempted under 33 CFR 165.814(c) desiring to enter
this zone are required to obtain express permission from the Captain of
the Port Houston-Galveston or his designated representative prior to
entry. 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 reduces potential methods of attack on
vessels, waterfront facilities, and adjacent population centers located
within the zones.
Discussion of Comments and Changes
We received no comments on the proposed rule, published November
24, 2009. No public meeting was requested and none was held. The Coast
Guard is implementing the rule as proposed, without change.
Regulatory Analyses
We developed this 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 rule is not a significant regulatory action under section 3(f)
of
[[Page 8492]]
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. The economic impact of this rule is so
minimal that a full Regulatory Evaluation was unnecessary. The basis of
this finding is that the security zones are not part of the Federal
Channel. The zones do not impede commercial traffic to, from, or within
the Port of Freeport. Recreational and commercial fishing vessels are
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 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 does not have a significant economic impact on a
substantial number of small entities for the following reason: This
rule does not interfere with any commercial vessel traffic within the
Old Brazos River.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 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 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 does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing security
zones.
An environmental analysis checklist and a categorical exclusion
determination 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 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.
[[Page 8493]]
0
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, 095[deg]20.00' W, and 28[deg]56.15' N,
095[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, 095[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, 095[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: January 7, 2010.
M.E. Woodring,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2010-3814 Filed 2-24-10; 8:45 am]
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