8486 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

Issued in College Park, Georgia, on January 

21, 2010. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–3741 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0089] 

Drawbridge Operation Regulation; 

Inner Harbor Navigational Canal, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 46 

(Judge Seeber/Claiborne Avenue) 

Vertical Lift Bridge across the Inner 

Harbor Navigational Canal, mile 0.9, 

(GIWW mile 6.7 EHL), at New Orleans, 

LA. The deviation is necessary to 

replace the counterweight wire ropes on 

the bridge. This deviation allows the 

bridge to remain closed for two (2) 120- 

hour time periods within a three week 

period. 

DATES: This deviation is effective from 

6 a.m. on Monday, March 15, 2010 until 

6 a.m. on Monday, April 5, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0089 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–1129 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

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 David Frank, Bridge 

Administration Branch; telephone 

504–671–2128, e-mail 

David.m.frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Claiborne Avenue bridge has a vertical 

clearance of 40 feet above mean high 

water in the closed-to-navigation 

position and 156 feet above mean high 

water in the open-to-navigation 

position. Currently, according to 33 CFR 

117.458(a), the draw of the bridge shall 

open on signal; except that, from 6:30 

a.m. to 8:30 a.m. and 3:30 p.m. to 5:45 

p.m. Monday through Friday, the draw 

need not be open for the passage of 

vessels. This deviation allows the draw 

span of the bridge to remain closed to 

navigation for two (2) 120-hour periods 

within a three week time frame between 

March 15, 2010 and April 4, 2010. The 

exact dates of the closures will be 

determined at a later date to allow for 

deep draft vessel movements either just 

prior or between the closure periods. 

Exact times and dates of the closures 

will be published in the Local Notice to 

Mariners and broadcast via the Coast 

Guard Broad Notice to Mariners system. 

Navigation on the waterway consists 

mainly of tugs with tows and ships. As 

a result of coordination between the 

Coast Guard and the waterway users, it 

has been determined that this closure 

has been coordinated to minimize the 

possibility of any significant effects on 

these vessels. There are no alternate 

routes available to vessel traffic; 

however, vessels that can pass under the 

bridge in the closed-to-navigation 

position can do so at any time. The 

bridge will not be able to open for 

emergencies. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 10, 2010. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2010–3813 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–2010–0009] 

RIN 1625–AA11 

Regulated Navigation Area; Hudson 

River south of the Troy Locks, New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigation area on the navigable waters 

of the Hudson River south of the Troy 

Locks. This regulated navigation area is 

necessary to promote maritime safety, 

and protect mariners and the 

environment from the hazards 

associated with ice conditions. The 

regulated navigation area is intended to 

restrict vessels with less than 3000 

horsepower while engaged in towing 

operations, from operating on the 

navigable waters of the Hudson River 

south of the Troy locks when ice 

conditions are 8 inches or greater unless 

authorized by the Captain of the Port 

New York or a designated 

representative. 

DATES: Effective Date: this rule is 

effective in the CFR on February 25, 

2010 until March 31, 2010. This rule is 

effective with actual notice for purposes 

of enforcement on February 5, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0009 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0009 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are 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 temporary 

rule, call or e-mail Lieutenant William 

George, Coast Guard Sector New York, 

Waterways Management Division; 

telephone 718–354–4114, e-mail 

William.J.George@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 

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) 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8487 

with respect to this rule because 

publishing an NPRM and delaying its 

effective date would be contrary to 

public interest, since immediate action 

is needed to protect mariners and to 

ensure the safety of the environment 

against potential hazards associated 

with ice build-up on the navigable 

waters of the Hudson River. 

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 

Register. Immediate implementation of 

this rule promotes the public interest by 

ensuring the safety of mariners and 

protecting the environment against the 

dangers associated with vessel traffic 

when there are hazardous ice conditions 

on the navigable waters of the Hudson 

River. 

Background and Purpose 

Historically ice has been an 

impediment to navigation on the 

navigable waters of the Hudson River 

south of the Troy Locks. West Point, 

Storm King Mountain, Danskammer 

Point, Crum Elbow, and Esopus 

Meadows are all natural choke points on 

the Hudson River where ice buildups 

have the potential to severely restrict 

vessel traffic. 

There are several situations faced by 

vessels during severe winter conditions 

that can place the vessels, passengers, 

and crew in great danger including 

being beset in the ice, and ice accretion, 

where ice forms on the superstructure 

and decks of transiting vessels. Also, ice 

may also cause significant damage to 

propellers, rudders, and hull plating. 

Vessels with less than 3000 

horsepower, while engaged in towing 

operations, have significant difficulty 

transiting the Hudson River in locations 

where ice thickness is eight inches or 

greater. This difficulty in transiting the 

Hudson River during ice buildup poses 

a safety threat to the environment and 

a potential hazard to navigation. 

When ice thickness is reported to be 

eight inches or greater on the Hudson 

River, vessels engaged in towing 

operations with less than 3000 

horsepower usually request break-out 

assistance from the Coast Guard. A 

vessel’s inability to independently 

transit the waterway may become a 

hazard to navigation and the 

environment. 

The formation of ice on the Hudson 

River contains many variables and is not 

consistent from year to year. During a 

moderate or severe winter, the frozen 

waterways may impede a vessel’s ability 

to maneuver. Once ice build-up begins 

it can affect the transit of vessels on the 

navigable waterways. In addition a 

vessel’s watertight integrity may also be 

compromised by ice abrasion and ice 

pressure on the vessel’s hull. 

Ice floes on the navigable waterways 

may also cause visual aids to navigation 

to become submerged, destroyed, or 

moved off station. Ice conditions on the 

navigable waterways may create 

hazardous conditions in which the 

operations of certain vessels become 

unsafe. 

It becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. This Regulated 

Navigation Area (RNA) allows the Coast 

Guard to restrict and manage vessel 

movement when hazardous ice 

conditions exist within a specified area 

of the Hudson River. 

The Coast Guard is establishing a 

regulated navigation area on the 

navigable waters of the Hudson River 

south of the Troy Locks. The regulated 

navigation area is intended to restrict 

vessels with less than 3000 horsepower 

while engaged in towing operations 

when ice conditions are 8 inches or 

greater, from operating on the Hudson 

River south of the Troy Locks unless 

authorized by the Captain of the Port 

New York or a designated 

representative. 

Discussion of Rule 

This rule establishes a regulated 

navigation area encompassing all 

navigable waters of the Hudson River 

south of the Troy Locks. Vessels with 

less than 3000 horsepower while 

engaged in towing operations are not 

authorized to transit the Hudson River 

south of the Troy Locks when ice 

thickness is greater than eight inches. 

The COTP New York will notify the 

maritime community, of the location 

and thickness of the ice as well as any 

restrictions via marine broadcast. 

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. 

The Coast Guard’s implementation of 

this temporary regulated navigational 

area will only be enforced at the 

location on the navigable waters of the 

Hudson River south of the Troy Locks 

where ice conditions are 8 inches or 

greater, and only restrict vessels that are 

less than 3,000 horsepower while 

engaged in towing operations. 

Before the effective period, the Coast 

Guard will issue maritime advisories 

widely available to users of the 

navigable waters of the Hudson River. 

Furthermore, vessels affected by this 

restriction may be authorized to transit 

the zone with permission of the Captain 

of the Port New York. 

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 and operators of 

tug vessels with less than 3000 

horsepower while engaged in towing 

operations and are intending to transit 

an area of the Hudson River that has a 

specified ice condition of eight inches 

or greater. 

This regulated navigation area will 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons: The ice 

conditions remain very dynamic for the 

duration of the winter due to the ebb 

and flood of the current and varying 

wind directions. Ice is driven by wind 

and current and can change location on 

an hourly basis. This rule will only be 

enforced in the location where the 

reported ice thickness is eight inches or 

greater and for the amount of time the 

specified ice condition is deemed a 

threat to safe navigation. 

The regulated navigation area will 

apply to the navigable waters of the 

Hudson River south of the Troy Locks 

only during the Ice Season which ends 

on March 31st. Vessels that are 

restricted from operating in an affected 

area due to the thickness of the ice will 

be allowed to transit despite the 

restriction with the permission of the 

COTP New York. 

Before any restriction is in place, 

Coast Guard Sector New York will issue 

maritime advisories widely available to 


jlentini on DSKJ8SOYB1PROD with RULES
8488 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

users of the navigable waters of the 

Hudson River. 

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 (adjusted for inflation) 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 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 that 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 the establishment of a 

regulated navigation area. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket. 

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(g), 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. Add temporary § 165.T01–0009 to 

read as follows: 

§ 165.T01–009 Regulated Navigation Area, 

Hudson River south of the Troy Locks, New 

York. 

(a) Regulated navigation area. All 

navigable waters of the Hudson River 

south of the Troy Locks. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer, or a Federal, 

State, or local law enforcement officer 

designated by or assisting the Captain of 

the Port New York. 

(c) Applicability. This section applies 

to tugs with less than 3,000 horsepower 

when engaged in towing operations. 

(d) Regulations. (1) Except as 

provided in paragraph (c) (3) of this 


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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