[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46367-46369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21578]


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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, Hackberry, LA

AGENCY: Coast Guard, DHS

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Calcasieu River for the mooring basin at Cameron LNG 
in Hackberry, LA. The 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. Entering this security 
zone is prohibited without permission from the Captain of the Port, 
Port Arthur or a designated representative.

DATES: This rule is effective from September 9, 2009 until November 30, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0317 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0317 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 at Coast Guard Marine Safety Unit Port Arthur, 2901 
Turtle Creek Dr., Port Arthur, Texas 77642, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Clint Smith, Coast Guard Marine Safety 
Unit Lake Charles; Telephone (337) 491-7819, 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

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the facility will begin operations 
before a Notice and Comment period could be completed, and delaying the 
beginning of facility operations is impracticable due to the 
substantial expense and effort involved, and contrary to the public 
interest in having this facility operational.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal

[[Page 46368]]

Register with respect to this rule because the facility will begin 
operations before a thirty day period could be completed, and delaying 
the beginning of facility operations is impracticable due to the 
substantial expense and effort involved, and contrary to the public 
interest in having this facility operational.

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 is establishing a temporary security 
zone on the waters of the Calcasieu River in Hackberry, LA.
    This zone will protect waterfront facilities, persons, and vessels 
from subversive or terrorist acts. Vessels operating within the Captain 
of the Port, Port Arthur Zone are potential targets of terrorist 
attacks, or platforms from which terrorist attacks may be launched upon 
other vessels, waterfront facilities, and adjacent population centers. 
By limiting access to this area, the Coast Guard is reducing potential 
methods of attack on this facility and vessels moored in the basin. 
Vessels having a need to enter this security zone must obtain 
permission from the Captain of the Port, Port Arthur or a designated 
representative prior to entry.
    This rule is not designed to restrict access to vessels engaged, or 
assisting in commerce with waterfront facilities within this security 
zone, vessels operated by port authorities, vessels operated by 
waterfront facilities within the security zone, 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 zone. All vessels not exempted under the provisions of this 
proposed regulation desiring to enter this zone will be required to 
obtain permission from the Captain of the Port, Port Arthur or a 
designated representative prior to entry.

Discussion of Rule

    The Captain of the Port, Port Arthur is establishing a temporary 
security zone on the waters of the Calcasieu River for the mooring 
basin at Cameron LNG in Hackberry, LA. The coordinates and locations of 
the security zone are as follows: 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]02'07'' N, 093[deg]19'52'' W and east to 
a point at 30[deg]02'10'' N, 93[deg]19'59'' W, then along the shoreline 
to the beginning point. This security zone will 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 will be prohibited from 
entering the proposed security zone unless authorized by the Captain of 
the Port, Port Arthur or a designated representative. For authorization 
to enter the proposed security zone vessels can contact the Captain of 
the Port, Port Arthur through Vessel Traffic Service Port Arthur on VHF 
Channel 13, by telephone at (409) 719-5070, or by facsimile at (409) 
719-5090.

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 under the regulatory policies and procedures 
of DHS is unnecessary. The rule does not affect traffic operating in 
navigable channels. Moreover, vessels may still enter the security zone 
with permission from the Captain of the Port.

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 will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit in and on the waters inside the mooring basin at Cameron LNG in 
Hackberry, LA. This security zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will be effective in a location where traffic is 
minimal and for a limited time; and traffic will be allowed to enter 
the zone with permission from the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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 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.

[[Page 46369]]

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 5100.1 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 concluded 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final environmental analysis checklist 
and 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. Add a new temporary Sec.  165.T08-0317 to read as follows:


Sec.  165.T08-0317  Security Zone; Calcasieu River, Hackberry, 
Louisiana.

    (a) Location. The following area is a temporary security zone: 
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]02'07'' N, 093[deg]19'52'' W and east to a point at 
30[deg]02'10'' N, 93[deg] 19'59'' W, then along the shoreline to the 
beginning point.
    (b) Regulations:
    (1) Entry into or remaining in this zone is prohibited for all 
vessels except:
    (i) Commercial vessels operating at waterfront facilities within 
this zone;
    (ii) Commercial vessels transiting directly to or from waterfront 
facilities within this zone;
    (iii) Vessels providing direct operational or logistical support to 
commercial vessels within this zone;
    (iv) Vessels operated by the appropriate port authority or by 
facilities located within this zone; and
    (v) Vessels operated by federal, state, county, or municipal 
agencies.
    (2) Other persons or vessels requiring entry into the security zone 
described in this section must request permission from the Captain of 
the Port, Port Arthur or designated representatives.
    (3) To request permission as required by these regulations, contact 
MSU Port Arthur by phone at (409) 719-5070.
    (c) This is a temporary rule enabling the required security zone 
specifically for arrival of Cameron LNG's commissioning cargoes. There 
is a Notice of Rulemaking (NPRM) being drafted to propose this security 
zone permanently. Until the NPRM and subsequent final rule are 
official, this TFR allows for the security zone at Cameron LNG.

    Dated: May 19, 2009.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.

    Editorial Note: This document was received in the Office of the 
Federal Register on September 2, 2009.

[FR Doc. E9-21578 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-15-P