[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8489-8491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3832]
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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: Final rule.
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SUMMARY: The Coast Guard has established 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 extend 1,000 yards ahead and astern and 500
yards on each side of certain vessels. 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 COTP 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-2008-0125 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-0125 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 Commander Kevin Ivey, Marine Safety Unit
Galveston, Coast Guard; telephone 409-978-2704, 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 April 30, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Freeport Channel Entrance, Freeport, TX
in the Federal Register (33 FR 19923). We received two comments on the
proposed rule. No parties requested public meetings and none were held.
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 moving security
zones around escorted vessels.
This rule establishes 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 are 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 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. 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 zones must obtain express permission from the Captain of
the Port Houston-Galveston or his designated representative prior to
entry.
Discussion of Comments and Changes
The Coast Guard received two comments on the proposed rule. One
comment was in regard to clarification of whether the security zone
pertained to all ships or just LNG ships. The security zone is not
established solely for LNG ships. The second comment made was in regard
to clarification of whether the security zones pertain to the land as
well as the water. The security zone covers only the water, and not the
land.
We made no changes to the rule based on these comments. The Coast
Guard is implementing the rule as it was proposed in the notice of
proposed rulemaking (33 FR 19923).
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 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 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.
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.
[[Page 8490]]
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), 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 because this rule involves a regulation
establishing, disestablishing, or changing Regulated Navigation Areas
and security or safety 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; 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.
0
2. Added 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 that has a moving
security zone established around it.
(b) Regulations. Entry into or remaining in the zones described in
[[Page 8491]]
paragraph (a) of this section is prohibited unless authorized as
follows:
(1) Moored vessels or vessels anchored in a designated anchorage
area are permitted to remain moored or anchored if they come within a
security zone described in paragraph (a) of this section. 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 to do
otherwise.
(2) Commercial vessels operating at the waterfront facilities
within these zones.
(3) Commercial vessel transiting directly to or from waterfront
facilities within these zones.
(4) Vessels providing direct operational/logistic support to
commercial vessels within these zones.
(5) Vessels operated by the port authority or by facilities located
within these zones.
(6) Vessels operated by Federal, State, county, or municipal
agencies.
(7) 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.
On-scene U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
(8) 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) Certain vessel definition. For the purposes of this section,
certain vessel means any vessel within the 12 nautical mile U.S.
Territorial Waters and bound for the Port of Freeport that is deemed to
be in need of a moving security zone by the Captain of the Port,
Houston-Galveston for security reasons. In making this determination,
the Captain of the Port considers all relevant security factors,
including but not limited to the presence of unusually harmful or
hazardous substances and the risk to population or infrastructure.
(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. Vessels that have a moving security zone in
place around them will display the international signal flag or pennant
number five.
(e) 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: December 28, 2009.
M.E. Woodring,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2010-3832 Filed 2-24-10; 8:45 am]
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