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
8492 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

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. The economic impact of this rule 

is so minimal that a full Regulatory 

Evaluation was unnecessary. The basis 

of this finding is that the security zones 

are not part of the Federal Channel. The 

zones do not impede commercial traffic 

to, from, or within the Port of Freeport. 

Recreational and commercial fishing 

vessels are to transit the Brazos River 

within the Federal 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. 

This rule does not have a significant 

economic impact on a substantial 

number of small entities for the 

following reason: This rule does not 

interfere with any commercial vessel 

traffic within the Old Brazos River. 

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 does 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 

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 establishing security 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, 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. 


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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8493 

■ 2. Revise § 165.814(a)(5) to read as 

follows: § 165.814 Security Zones; 

Captain of the Port Houston-Galveston 

Zone. 

(a) * * * 

(5) Freeport, Texas. (i) The Dow Barge 

Canal, containing all waters of the Dow 

Barge Canal north of a line drawn 

between 28°56.81′ N/095°18.33′ W and 

28°56.63′ N/095°18.54′ W (NAD 1983). 

(ii) The Brazos Harbor, containing all 

waters west of a line drawn between 

28°56.45′ N, 095°20.00′ W, and 

28°56.15′ N, 095°20.00′ W (NAD 1983) 

at its junction with the Old Brazos 

River. 

(iii) The Dow Chemical plant, 

containing all waters of the Brazos Point 

Turning Basin within 100′ of the north 

shore and bounded on the east by the 

longitude line drawn through 28°56.58′ 

N/095°18.64′ W and on the west by the 

longitude line drawn through 28°56.64′ 

N/095°19.13′ W (NAD 1983). 

(iv) The Seaway Teppco Facility, 

containing all waters of the Brazos Port 

Turning Basin bounded on the south by 

the shore, the north by the Federal 

Channel, on the east by the longitude 

line running through 28°56.44′ N, 

095°18.83′ W and 28°56.48′ N 

095°18.83′ W and on the West by the 

longitude line running through 

28°56.12′ N, 095°19.27′ W and 28°56.11′ 

N, 095°19.34′ W (NAD 1983). 

(v) The Conoco Phillips Facility 

docks, containing all waters within 100′ 

of a line drawn from a point on shore 

at Latitude 28°55.96′ N, Longitude 

095°19.77′ W, extending west to a point 

on shore at Latitude 28°56.19′ N, 

Longitude 095°20.07′ W (NAD 1983). 

* * * * * 

Dated: January 7, 2010. 

M.E. Woodring, 

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

Port Houston-Galveston. 

[FR Doc. 2010–3814 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0871; FRL–9116–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions to the Definition of Volatile 

Organic Compound and Other Terms 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Virginia State Implementation Plan 

(SIP). The revisions amend the wording 

of 22 definitions, including the 

definition of Volatile Organic 

Compound (VOC). EPA is approving 

these revisions to Virginia’s definitions 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: This rule is effective on April 26, 

2010 without further notice, unless EPA 

receives adverse written comment by 

March 29, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0871 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: frankford.harold@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0871, 

Harold A. Frankford, Air Protection 

Division, Mailcode 3AP00, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0871. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108, or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On October 6, 2009, the 

Commonwealth of Virginia submitted a 

formal revision to its State 

Implementation Plan (SIP). The SIP 

revision consists of amendments to 22 

definitions listed in 9VAC5 Chapter 10 

(General Definitions), Regulation 5–10– 

20 (Terms defined). The amended terms 

are: 

Ambient air quality standard, Criteria 

pollutant, Dispersion technique, 

Emission limitation, Emission standard, 

Excessive concentration, Federal Clean 

Air Act, Federally enforceable, Good 

engineering practice, Initial emission 

test, Initial performance test, Public 

hearing, Reference method, Regulations 

for the Control and Abatement of Air 

Pollution, Reid vapor pressure, Run, 

Standard of performance, State 

enforceable, These regulations, True 

vapor pressure, Vapor pressure, and 

Volatile organic compound. 

II. Summary of SIP Revision 

Virginia amended the definition of 

‘‘Volatile organic compound’’ to add the 

organic compound (1)1,1,1,2,2,3,4,5,5,5- 

decafluoro-3-methoxy-4- 

trifluoromethyl-pentane (HFE–7300) to 


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