[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Rules and Regulations]
[Pages 18755-18757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8375]


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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: Final rule.

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SUMMARY: The Coast Guard is disestablishing the permanent safety zone 
at Trunkline LNG in Lake Charles, LA and replacing it with a security 
zone with new boundaries. The Coast Guard is also establishing 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 is also disestablishing 
the Calcasieu River ship channel moving safety zone and replacing it 
with a moving security zone. The revised moving security zone extends 
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 on the Calcasieu Channel or 
Calcasieu River. Meeting, crossing or overtaking situations are not 
permitted within the security zone unless specifically authorized by 
the Captain of the Port. The moving security zone may commence at any 
point while certain vessels are transiting the Calcasieu Channel or 
Calcasieu River on U.S. territorial waters (12 nautical miles) in the 
Captain of the Port (COTP) Port Arthur zone. 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 is prohibited without permission from the Captain of the 
Port or a designated representative.

DATES: This rule is effective May 13, 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-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.'' 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 Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX, 
telephone (409) 719-5086, or 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 September 8, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Calcasieu River and Ship Channel, LA'' 
in the Federal Register (74 FR 46040). We received 2 comments on the 
proposed rule. No public meeting was requested and none was held.

Background and Purpose

    Heightened awareness of potential terrorist acts requires enhanced 
security of our ports, harbors, and vessels.
    This rule establishes new, distinct security zones on the waters of 
the Calcasieu River. These zones will protect waterfront facilities, 
persons, and vessels from subversive or terrorist acts. This rule also 
eliminates the moving safety zone for non-gas free LNGs transiting the 
Calcasieu Channel and Calcasieu River and adds a distinct 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. Due to the 
potential for terrorist attacks, this rule allows 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 in an area concentrated with commercial facilities 
considered critical to national security. This rule does not 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 
is reducing potential methods of attack on vessels, waterfront 
facilities, and adjacent population centers located within the zones. 
Vessels not exempted under the provisions of this regulation and 
desiring to enter these zones are required to obtain permission from 
the Captain of the Port, Port Arthur or a designated representative 
prior to entry.

Discussion of Comments and Changes

    The Coast Guard received two comments concerning the NPRM. One 
commenter recommended that the boundaries of the proposed security zone 
at PPG Industries (PPG) be extended to include the transfer dock 
located at the southern end of PPG

[[Page 18756]]

properties and all shoreline. The Coast Guard concurs in part with this 
comment and is modifying the security zone to include the southern-most 
transfer dock, but will minimize the impact on mariners by having the 
security zone encompass waters within 100 feet of the shoreline between 
the originally proposed security zone and the southern transfer dock 
area.
    Another commenter recommended adding language specifying the agency 
responsible for enforcement of this security zone. The Coast Guard is 
the agency responsible for enforcement of this security zone. The 
proposed language expressly states that permission of the Captain of 
the Port, Port Arthur must be obtained to enter the security zone and 
future memoranda of agreements may allow state or local agencies to 
assist the Coast Guard in enforcing this security zone.
    The Coast Guard is making a change to the language of the NPRM to 
provide the public with a visual cue that the moving safety zone is in 
effect. Specifically, the final rule states that ``Coast Guard patrol 
assets will be on scene with flashing blue lights energized when the 
moving security zones are in effect.''

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 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 moving security zone is limited in nature and 
will 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 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 for the following reasons: (1) The rules for fixed security 
zones do not interfere with regular vessel traffic within the Calcasieu 
Ship Channel, Calcasieu River or the Intracoastal Waterway; (2) the 
rule for moving security zones are of limited duration and vessels may 
be allowed to pass through the zone with the permission of the Captain 
of the Port or his representative.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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

[[Page 18757]]

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. This rule involves security of certain 
vessels and facilities and is not expected to result in any significant 
adverse environmental impact as described in NEPA.
    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
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 tracing the shoreline along 
the water's edge to the point of origin.
    (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 tracing the shoreline along 
the water's edge to the point of origin.
    (iii) PPG Industries basin. All waters encompassed by a line 
connecting the following points: Beginning at 30[deg]13'29'' N, 
93[deg]16'34'' W, southwest to a point at 30[deg]13'11'' N, 
93[deg]16'51'' W, then proceeding southerly following 100 feet off the 
shoreline to a point at 30[deg]12'57.2'' N, 93[deg]16'53.2'' W, then 
east to a point at 30[deg]12'57.2'' N, 93[deg]16'50.6'' W then 
southerly to a point at 30[deg]12'47.7'' N, 93[deg]16'50.3'' W then 
west to the shoreline and then following along the water's edge to the 
point of origin.
    (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. Coast Guard patrol assets will be on scene with flashing 
blue lights energized when the moving security zones are in effect.
    (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.
    (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 Notices to Mariners and written notice 
provided by escort vessels.

    Dated: March 12, 2010.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2010-8375 Filed 4-12-10; 8:45 am]
BILLING CODE 9910-04-P