[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19926-19928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9991]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0124]
RIN 1625-AA87


Security Zone; Freeport LNG Basin, Freeport, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent 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: 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-2008-0124 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: Lieutenant Cliff Harder, Marine Safety 
Unit Galveston, telephone (409) 978-2700, extension 2705, or 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-2008-0124), 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 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

[[Page 19927]]

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 a permanent 
security zone within the port of Freeport, TX. This would make 
permanent a temporary final rule that was effective from January 15, 
2009, to April 30, 2009. See 74 FR 13341.
    This proposed rule would establish a new distinct security zone in 
the Freeport LNG Basin. 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 platforms from which 
terrorist attacks may be launched upon from other vessels, waterfront 
facilities, and adjacent population centers.
    This zone is being proposed for an area concentrated with 
commercial facilities considered critical to national security. This 
proposed 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 vessels not exempted under current 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 Proposed Rule

    The Captain of the Port Houston-Galveston proposes to amend 33 CFR 
165.814 to establish a permanent security zone in the Freeport LNG 
Basin. In proposed paragraph (a)(5)(iii), the zone would encompass all 
waters shoreward of a line drawn between the eastern point at latitude 
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 current paragraph (c) of section 
165, would be prohibited from entering the proposed security zone 
unless authorized by the Captain of the Port Houston-Galveston or his 
designated representative. Revisions to paragraph (c)(2) would provide 
methods of obtaining authorization: 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.
    We propose to delete paragraph (b) of 33 CFR 165.814 because it 
merely states a past effective date for that section and there is no 
need for this effective date in the regulatory text of a permanent 
regulation. Accordingly, we propose to redesignate paragraph (c) of 
section 165.814 as (b).

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 
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.

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: This 
proposed rule would not interfere with regular vessel traffic within 
the Freeport Ship Channel and/or the Intracoastal Waterway.
    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 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).

[[Page 19928]]

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 a permanent 
security zone in the Freeport LNG Basin. 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; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Amend Sec.  165.814 as follows:
    a. Remove paragraph (b) and redesignate paragraph (c) as (b);
    b. Add paragraph (a)(5)(iii) and revise redesignated paragraph 
(b)(2) to read as follows:


Sec.  165.814  Security Zone; Captain of the Port Houston-Galveston 
Zone.

    (a) * * *
    (5) * * *
    (iii) The Freeport LNG Basin containing all waters shoreward of a 
line drawn between the eastern point at latitude 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. east towards the jetties.
    (b) * * *
    (2) Other persons or vessels requiring entry into a zone described 
in this section must request express permission to enter from the 
Captain of the Port Houston-Galveston, or designated representative. 
The Captain of the Port Houston-Galveston's designated representatives 
are any personnel granted authority by the Captain of the Port Houston-
Galveston to receive, evaluate, and issue written security zone entry 
permits, or the designated on-scene U.S. Coast Guard patrol personnel 
described in paragraph (b)(4).
* * * * *

    Dated: February 18, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-9991 Filed 4-29-09; 8:45 am]
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