Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8489 

section, vessels less than 3,000 

horsepower while engaged in towing 

operations are not authorized to transit 

that portion of the Hudson River south 

of the Troy Locks when ice thickness 

reaches eight inches or greater. 

(2) All Coast Guard assets enforcing 

this regulated navigation area can be 

contacted on VHF marine band radio, 

channel 13 or 16. The captain of the 

Port can be contacted at telephone 

number (718) 354–4356. 

(3) All persons desiring to transit 

through a portion of the regulated area 

that has operating restriction in effect 

must contact the COTP at telephone 

number (718) 354–4356 or on VHF 

channel 13 or 16 to seek permission 

prior to transiting the affected regulated 

area. 

(5) The COTP will notify the public of 

any changes in the status of this 

regulated navigation area by Marine 

Safety Information Broadcast on VHF– 

FM marine band radio, channel 22A 

(157.1 MHZ). 

Dated: February 5, 2010. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–3471 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0125] 

RIN 1625–AA87 

Security Zone; Freeport Channel 

Entrance, Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established moving security zones for 

certain vessels, for which the Captain of 

the Port, Houston-Galveston deems 

enhanced security measures necessary 

on a case-by-case basis. These moving 

security zones extend 1,000 yards ahead 

and astern and 500 yards on each side 

of certain vessels. The moving security 

zone may commence at any point after 

certain vessels bound for the Port of 

Freeport enter the U.S. territorial waters 

(12 nautical miles) in the Captain of the 

Port Houston-Galveston zone. These 

security zones are needed to safeguard 

the vessels, the public, and the 

surrounding area from sabotage or other 

subversive acts, accidents, or other 

events of a similar nature. Unless 

exempted under this rule, entry into or 

movement within these security zones 

would be prohibited without permission 

from the COTP Houston-Galveston. 

DATES: This rule is effective March 29, 

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–2008–0125 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–0125 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 Lieutenant Commander Kevin 

Ivey, Marine Safety Unit Galveston, 

Coast Guard; telephone 409–978–2704, 

e-mail Kevin.L.Ivey@uscg.mil. 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 April 30, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zone; Freeport 

Channel Entrance, Freeport, TX in the 

Federal Register (33 FR 19923). We 

received two comments on the proposed 

rule. No parties requested public 

meetings and none were held. 

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 has established 

moving security zones around escorted 

vessels. 

This rule establishes distinct moving 

security zones that may commence at 

any point after certain vessels bound for 

the Port of Freeport enter the 12- 

nautical-mile U.S. territorial waters in 

the Captain of the Port HoustonGalveston zone. These zones are 

established to 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. 

Due to the potential for terrorist 

attacks, this 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 vessels, waterfront 

facilities, and adjacent population 

centers located within these security 

zones. Vessels having a need to enter 

these zones must obtain express 

permission from the Captain of the Port 

Houston-Galveston or his designated 

representative prior to entry. 

Discussion of Comments and Changes 

The Coast Guard received two 

comments on the proposed rule. One 

comment was in regard to clarification 

of whether the security zone pertained 

to all ships or just LNG ships. The 

security zone is not established solely 

for LNG ships. The second comment 

made was in regard to clarification of 

whether the security zones pertain to 

the land as well as the water. The 

security zone covers only the water, and 

not the land. 

We made no changes to the rule based 

on these comments. The Coast Guard is 

implementing the rule as it was 

proposed in the notice of proposed 

rulemaking (33 FR 19923). 

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 

duration of the security zones is limited 

in nature and would not create undue 

delay to vessel traffic in and around the 

Port of Freeport. 

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. 


jlentini on DSKJ8SOYB1PROD with RULES
8490 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

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 would 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: The duration of the 

security zones is limited in nature and 

would not create undue delay to vessel 

traffic in and around the Port of 

Freeport. 

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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

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 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 because this 

rule involves a regulation establishing, 

disestablishing, or changing Regulated 

Navigation Areas and security or safety 

zones. 

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. 

■ 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 

■ 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. 

■ 2. Added new § 165.818 to read as 

follows: 

§ 165.818 Moving Security Zones, for 

Certain Vessels in Freeport Entrance 

Channel, Freeport, Texas. 

(a) Location. The following areas are 

security zones: All waters within the 

Captain of the Port Houston-Galveston 

Zone commencing at U.S. territorial 

waters through the Freeport Entrance 

Channel, from surface to bottom, one 

thousand (1000) yards ahead and astern 

and five hundred (500) yards on each 

side of any vessel that has a moving 

security zone established around it. 

(b) Regulations. Entry into or 

remaining in the zones described in 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8491 

paragraph (a) of this section is 

prohibited unless authorized as follows: 

(1) Moored vessels or vessels 

anchored in a designated anchorage area 

are permitted to remain moored or 

anchored if they come within a security 

zone described in paragraph (a) of this 

section. A moored or an anchored vessel 

in a security zone must remain moored 

or anchored unless it obtains permission 

from the Captain of the Port to do 

otherwise. 

(2) Commercial vessels operating at 

the waterfront facilities within these 

zones. 

(3) Commercial vessel transiting 

directly to or from waterfront facilities 

within these zones. 

(4) Vessels providing direct 

operational/logistic support to 

commercial vessels within these zones. 

(5) Vessels operated by the port 

authority or by facilities located within 

these zones. 

(6) Vessels operated by Federal, State, 

county, or municipal agencies. 

(7) All persons and vessels within the 

moving 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. On-scene U.S. Coast Guard 

patrol personnel include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

(8) To request permission as required 

by these regulations, contact the Sector 

Houston-Galveston Command Center by 

telephone at (713) 671–5113. In 

Freeport, vessels should contact the 

Captain of the Port’s designated onscene representative for the moving 

security zone on VHF Channel 16, or by 

telephone at (979) 233–7551. 

(c) Certain vessel definition. For the 

purposes of this section, certain vessel 

means any vessel within the 12 nautical 

mile U.S. Territorial Waters and bound 

for the Port of Freeport that is deemed 

to be in need of a moving security zone 

by the Captain of the Port, HoustonGalveston for security reasons. In 

making this determination, the Captain 

of the Port considers all relevant 

security factors, including but not 

limited to the presence of unusually 

harmful or hazardous substances and 

the risk to population or infrastructure. 

(d) Informational broadcasts. The 

Captain of the Port Houston-Galveston 

will inform the public when moving 

security zones have been established 

around certain vessels via Broadcast 

Notice to Mariners on VHF channel 16 

and 13. Vessels that have a moving 

security zone in place around them will 

display the international signal flag or 

pennant number five. 

(e) Authority. In addition to 33 U.S.C. 

1231 and 50 U.S.C. 191, the authority 

for this section includes 33 U.S.C. 1226. 

Dated: December 28, 2009. 

M.E. Woodring, 

Captain, U.S. Coast Guard, Captain of the 

Port Houston-Galveston. 

[FR Doc. 2010–3832 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0501] 

RIN 1625–AA87 

Security Zones; Brazos River, 

Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established four permanent security 

zones in the Brazos River in Freeport, 

Texas. These security zones are being 

put in place to protect vessels, 

waterfront facilities, and surrounding 

areas from destruction, loss, or injury 

caused by terrorism, sabotage, 

subversive acts, accidents, or incidents 

of a similar nature. Entry into these 

zones is prohibited except by 

permission of the Captain of the Port 

Houston-Galveston. 

DATES: This rule is effective March 29, 

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–2009–0501 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0501 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 Lieutenant junior grade Margaret 

Brown, Coast Guard Sector HoustonGalveston; telephone (713) 678–9001, email margaret.a.brown@uscg.mil. 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 November 24, 2009 we published 

a notice of proposed rulemaking 

(NPRM) entitled Security Zones; Brazos 

River, Freeport, TX in the Federal 

Register (74 FR 61305). We received no 

comments on the proposed rule. 

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 has established four 

permanent security zones within the 

port of Freeport, TX. 

These zones 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. The zones 

are in areas with a high concentration of 

commercial facilities that are considered 

critical to national security. 

All vessels not exempted under 33 

CFR 165.814(c) desiring to enter this 

zone are required to obtain express 

permission from the Captain of the Port 

Houston-Galveston or his designated 

representative prior to entry. 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 reduces potential 

methods of attack on vessels, waterfront 

facilities, and adjacent population 

centers located within the zones. 

Discussion of Comments and Changes 

We received no comments on the 

proposed rule, published November 24, 

2009. No public meeting was requested 

and none was held. The Coast Guard is 

implementing the rule as proposed, 

without change. 

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 


jlentini on DSKJ8SOYB1PROD with RULES