[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Rules and Regulations]
[Pages 13341-13343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6818]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2009-0005]
RIN 1625-AA87


Temporary Security Zone; Freeport LNG Basin, Freeport, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the Freeport LNG Basin. This security zone is needed to protect 
vessels, waterfront facilities, the public, and other surrounding areas 
from destruction, loss, or injury caused by sabotage, subversive acts, 
accidents, or other actions of a similar nature. Entry into this zone 
would be prohibited, except for vessels that have obtained the express 
permission from the Captain of the Port Houston-Galveston or his 
designated representative.

DATES: This rule is effective from 12 p.m. (noon) on January 15, 2009 
until 12 a.m. (noon) on April 30, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [USCG-2009-0005] 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-
2009-0005 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, 
Texas 77591 between 8 a.m. and 4:30 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 a temporary 
security zone.
    This rule will create a new temporary security zone within the port 
of Freeport, TX. This zone would 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.
    This zone is being established for an area concentrated with 
commercial facilities considered critical to national security. 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 would reduce potential methods of attack on vessels, 
waterfront facilities, and adjacent population centers located within 
the zones. All such vessels, which are listed in 33 CFR 165.814(c), 
desiring to enter this zone would be required to obtain express 
permission from the Captain of the Port Houston-Galveston or his 
designated representative prior to entry.

Discussion of Rule

    The Captain of the Port Houston-Galveston is establishing a 
temporary security zone in the Freeport LNG Basin. The zone would 
encompass all waters shoreward of a line drawn between the eastern 
point at 28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at 
28[deg]56'28'' N, 095[deg]18'31'' W. This security zone 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 this rule would be prohibited from 
entering the security zone 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 a.m. (noon) on January 15, 
2009 until 12 a.m. (noon) on April 30, 2009.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 13342]]

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 security 
zone is not part of the navigable waterway or a commercial fishing 
ground. It does not impede commercial traffic to or from the Port of 
Freeport or on the adjacent Intracoastal Waterway. 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 will 
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: This 
rule will not interfere with regular vessel traffic within the Freeport 
Ship Channel and/or the Intracoastal Waterway.

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.

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 effect in 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 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 Freeport LNG Basin.
    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.


[[Page 13343]]



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. 0170.1.2.


0
2. Add Sec.  165.T08-0005 to read as follows:


Sec.  165.T08-0005   Security Zone; Freeport LNG Basin, Freeport, TX.

    (a) Location. The security zone includes all waters, from surface 
to bottom, shoreward of a line drawn between the point at 
28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at 
28[deg]56'28'' N, 095[deg]18'31'' W.
    (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) Commercial vessels operating at the waterfront facilities 
within these security zones;
    (ii) Commercial vessel transiting directly to or from waterfront 
facilities within these security zones;
    (iii) Vessels providing direct operational/logistic support to 
commercial vessels within these security zones;
    (iv) Vessels operated by the port authority or by facilities 
located within these security zones; and
    (v) Vessels operated by federal, state, county, or municipal 
agencies;
    (3) All persons and vessels within the 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) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Houston-
Galveston, or a designated representative. They may be contacted at 
``Sector Houston-Galveston'' on VHF-FM Channel 16, or by phone at (713) 
671-5113.
    (5) All persons and vessels shall 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.

    Dated: January 15, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-6818 Filed 3-26-09; 8:45 am]
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