Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46367 

Dated: August 19, 2009. 

Wayne E. Justice, 

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

Fifth Coast Guard District. 

[FR Doc. E9–21562 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 138 

[USCG–2005–21780] 

RIN 1625–AA98 

Financial Responsibility for Water 

Pollution (Vessels) and OPA 90 Limits 

of Liability (Vessels and Deepwater 

Ports) 

AGENCY: Coast Guard, DHS. 

ACTION: Announcement of Office of 

Management and Budget (OMB) 

approval of collection of information. 

SUMMARY: The Coast Guard is 

announcing that the collection of 

information requirement under 33 CFR 

138.85, entitled ‘‘Financial 

Responsibility for Water Pollution 

(Vessels),’’ has been approved by OMB 

under the Paperwork Reduction Act of 

1995. The OMB control number is 

1625–0046. 

DATES: The collection of information 

requirement under 33 CFR 138.85 will 

be enforced from September 9, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document 

contact Mr. Benjamin White, National 

Pollution Funds Center, Coast Guard, 

telephone 202–493–6863, e-mail 

Benjamin.H.White@uscg.mil. If you 

have questions on viewing the docket 

(USCG–2005–21780), call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2008, the Coast Guard 

published a final rule entitled 

‘‘Financial Responsibility for Water 

Pollution (Vessels) and OPA 90 Limits 

of Liability (Vessels and Deepwater 

Ports)’’ (73 FR 53691) (COFR final rule), 

amending the Oil Pollution Act of 1990 

(OPA 90) financial responsibility 

requirements, including the information 

collection requirements under 33 CFR 

138.85. With the exception of this 

collection of information, the COFR 

final rule became effective on October 

17, 2008. 

This information collection under 33 

CFR 138.85 requires operators of vessels 

to establish evidence of financial 

responsibility under OPA 90, 33 U.S.C. 

2716, acceptable to the Director, 

National Pollution Funds Center, in an 

amount equal to or greater than the total 

applicable amounts determined under 

33 CFR 138.80(f). As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520), the COFR final rule 

preamble stated that the Coast Guard 

would not enforce the collection of 

information requirements under 33 CFR 

138.85 until the collection of 

information request was approved by 

OMB, and the Coast Guard published a 

notice in the Federal Register 

announcing that OMB approved and 

assigned a control number for the 

requirement. 

The Coast Guard submitted the 

information collection request under 

§ 138.85 of the COFR final rule to OMB 

for approval in accordance with the 

Paperwork Reduction Act of 1995. On 

July 15, 2009, OMB approved the 

collection of information and assigned 

the collection OMB Control Number 

1625–0046 entitled ‘‘Financial 

Responsibility for Water Pollution 

(Vessels), (33 CFR 138.85).’’ The 

approval for this collection of 

information expires on July 31, 2012. A 

copy of the OMB notice of action is 

available in our online docket at http:// 

www.regulations.gov. 

Dated: September 1, 2009. 

Craig A. Bennett, 

Director, National Pollution Funds Center, 

U.S. Coast Guard. 

[FR Doc. E9–21442 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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 

Clint.P.Smith@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) 

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 


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