[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Proposed Rules]
[Pages 46040-46044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0317]
RIN 1625-AA87


Security Zone; Calcasieu River and Ship Channel, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to disestablish the permanent safety 
zone at Trunkline LNG in Lake Charles, LA and to replace it with a 
security zone with new boundaries. The Coast Guard also proposes to 
establish two additional permanent security zones on the waters of the 
Calcasieu River for the mooring basins at Cameron LNG in Hackberry, LA 
and PPG Industries in Lake Charles, LA. The Coast Guard also proposes 
to disestablish the moving safety zone for Liquified Natural Gas 
(``LNG'') vessels in the Calcasieu ship channel and replace it with a 
moving security zone of the same dimensions. These security zones are 
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. 
Unless exempted under this rule, entry into or movement within these 
security zones would be prohibited without permission from the Captain 
of the Port or a designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before October 8, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2009-0317 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

[[Page 46041]]

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Lieutenant Clint Smith, Marine Safety 
Unit Lake Charles, LA, telephone (337) 491-7800, 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-2009-0317), 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 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-2009-0317'' 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[frac12] 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-2009-317 in the Docket ID box, press Enter, and 
then click on the item in the 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, Port Arthur proposes to establish permanent 
security zones on the waters of the Calcasieu River in Lake Charles, 
LA; Hackberry, LA, and moving security zones around certain vessels.
    This proposed rule would establish new, distinct security zones on 
the waters of the Calcasieu River. These zones would protect waterfront 
facilities, persons, and vessels from subversive or terrorist acts. 
Vessels operating within the Captain of the Port 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 proposed rule would also delete the moving safety zone for 
non-gas free Liquified Natural Gas (``LNG'') vessels transiting the 
Calcasieu Channel and Calcasieu River and add a moving security zone 
that may commence at any point while certain vessels are transiting the 
Calcasieu Channel or Calcasieu River on U.S. territorial waters in the 
Captain of the Port, Port Arthur zone. These security zones would be 
established to protect waterfront facilities, persons, and vessels from 
subversive or terrorist acts. Vessels operating within the Captain of 
the Port 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 proposed 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 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 zone. Vessels having a need to 
enter these security zones must obtain express permission from the 
Captain of the Port, Port Arthur or a designated representative prior 
to entry.
    These zones are 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 fixed security 
zones, vessels operated by port authorities, vessels operated by 
waterfront facilities within the fixed security zones, and vessels 
operated by federal, state, county or municipal agencies. By limiting 
access to these areas 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 the 
provisions of this proposed regulation desiring to enter these zones 
would be required to obtain express permission from the Captain of the 
Port, Port Arthur or a designated representative prior to entry.

[[Page 46042]]

Discussion of Proposed Rule

    The Captain of the Port proposes to revise 33 CFR 165.805 to 
establish permanent fixed security zones on the waters of the Calcasieu 
River for the mooring basins at Trunkline LNG in Lake Charles, LA; 
Cameron LNG in Hackberry, LA; and PPG Industries in Lake Charles, LA. 
The coordinates and locations of the fixed security zones use the North 
American Datum of 1983 (NAD 1983) and are as follows: (1) Trunkline LNG 
basin, all waters encompassed by a line connecting the following 
points, beginning at 30[deg]06'36'' N, 93[deg]17'36'' W, south to a 
point 30[deg]06'33'' N, 93[deg]17'36'' W, east to a point 
30[deg]06'30'' N, 93[deg]17'02'' W, north to a point 30[deg]06'33'' N, 
93[deg]17'01'' W, then following the shoreline to the beginning point. 
(2) Cameron LNG basin, all waters encompassed by a line connecting the 
following points, beginning at 30[deg]02'33'' N, 93[deg]19'53'' W, east 
to a point at 30[deg]02'34'' N, 93[deg]19'50'' W, south to a point at 
30[deg]02'10'' N, 93[deg]19'52'' W and west to a point at 
30[deg]02'10'' N, 93[deg]19'59'' W, then following the shoreline to the 
beginning point. (3) PPG industries basin, all waters encompassed by a 
line connecting the following points, beginning at 30[deg]13'11'' N, 
93[deg]16'52'' W, east to a point at 30[deg]13'11'' N, 93[deg]16'51'' 
W, northeast to a point at 30[deg]13'29'' N, 93[deg]16'34'' W, then 
following the shoreline to the beginning point.
    In addition, the Captain of the Port proposes to establish moving 
security zones for certain vessels, for which the Captain of the Port 
deems enhanced security measures are necessary, on a case-by-case 
basis. These moving security zones would be activated for certain 
vessels within the Captain of the Port, Port Arthur zone transiting 
U.S. territorial waters and extend channel edge to channel edge on the 
Calcasieu Channel and shoreline to shoreline on the Calcasieu River, 2 
miles ahead and 1 mile astern of certain 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. 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 165.805 would be prohibited from entering the proposed security 
zones unless authorized by the Captain of the Port, Port Arthur or a 
designated representative. For authorization to enter the proposed 
security zones vessels contact Marine Safety Unit Lake Charles at (337) 
491-7800 or the on-scene patrol vessel on VHF-FM channel 13.

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 fixed 
security zones are not part of the navigable waterway or a commercial 
fishing ground and do not impede commercial traffic on the Calcasieu 
Waterway. The proposed moving security zone is limited in nature and 
would not create undue delay to vessel traffic in or around the 
Calcasieu River and Ship Channel.

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 reasons: (1) 
The proposed rules for fixed security zones would not interfere with 
regular vessel traffic within the Calcasieu Ship Channel, Calcasieu 
River or the Intracoastal Waterway; and (2) the proposed rule for 
moving security zones are of limited duration and vessels may request 
permission to enter the security zone from the Captain of the Port or 
his representative.
    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 Clint Smith at (337) 
491-7800. 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).

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,

[[Page 46043]]

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. 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; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Revise Sec.  165.805 to read as follows:


Sec.  165.805  Security Zones; Calcasieu River and Ship Channel, 
Louisiana.

    (a) Location.
    (1) The following areas are designated as fixed security zones, 
(all coordinates are based upon North American Datum of 1983 [NAD 83]):
    (i) Trunkline LNG basin, all waters encompassed by a line 
connecting the following points, beginning at 30[deg]06'36'' N, 
93[deg]17'36'' W, south to a point 30[deg]06'33'' N, 93[deg]17'36'' W, 
east to a point 30[deg]06'30'' N, 93[deg]17'02'' W, north to a point 
30[deg]06'33'' N, 93[deg]17'01'' W, then following the shoreline to the 
beginning point.
    (ii) Cameron LNG basin, all waters encompassed by a line connecting 
the following points, beginning at 30[deg]02'33'' N, 093[deg]19'53'' W, 
east to a point at 30[deg]02'34'' N, 093[deg]19'50'' W, south to a 
point at 30[deg]02'10'' N, 093[deg]19'52'' W and west to a point at 
30[deg]02'10'' N, 93[deg]19'59'' W, then following the shoreline to the 
beginning point.
    (iii) PPG industries basin, all waters encompassed by a line 
connecting the following points, beginning at 30[deg]13'11'' N, 
93[deg]16'52'' W, east to a point at 30[deg]13'11'' N, 93[deg]16'51'' 
W, northeast to a point at 30[deg]13'29'' N, 93[deg]16'34'' W, then 
following the shoreline to the beginning point.
    (2) The following areas are moving security zones: All waters 
within the Captain of the Port, Port Arthur zone commencing at U.S. 
territorial waters and extending channel edge to channel edge on the 
Calcasieu Channel and shoreline to shoreline on the Calcasieu River, 2 
miles ahead and 1 mile astern of certain 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.
    (b) Regulations:
    (1) Entry into or remaining in a fixed 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 
agencies.
    (2) Entry into or remaining in moving zones 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 
agencies.
    (3) 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 representatives.
    (4) To request permission as required by these regulations, contact 
Marine Safety Unit Lake Charles at (337) 491-7800 or the on-scene 
patrol vessel.

[[Page 46044]]

    (5) 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. 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.
    (c) Informational broadcasts. The Captain of the Port, Port Arthur 
will inform the public when moving security zones have been established 
around vessels via Broadcast Notice to Mariners.

    Dated: June 15, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. E9-21580 Filed 9-4-09; 8:45 am]
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