Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13343 

■ 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. 

0170.1.2. 

■ 2. Add § 165.T08–0005 to read as 

follows: 

§ 165.T08–0005 Security Zone; Freeport 

LNG Basin, Freeport, TX. 

(a) Location. The security zone 

includes all waters, from surface to 

bottom, shoreward of a line drawn 

between the point at 28°56′25′′ N, 

095°18′13′′ W, and the western point at 

28°56′28′′ N, 095°18′31′′ W. 

(b) Definitions. For the purposes of 

this section: 

Designated Representative means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Houston-Galveston, to assist in the 

enforcement of the security zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Houston-Galveston 

or a designated representative. 

(2) Entry into or remaining in the 

security zones described in paragraph 

(a) of this section is prohibited for all 

vessels except: 

(i) Commercial vessels operating at 

the waterfront facilities within these 

security zones; 

(ii) Commercial vessel transiting 

directly to or from waterfront facilities 

within these security zones; 

(iii) Vessels providing direct 

operational/logistic support to 

commercial vessels within these 

security zones; 

(iv) Vessels operated by the port 

authority or by facilities located within 

these security zones; and 

(v) Vessels operated by federal, state, 

county, or municipal agencies; 

(3) All persons and vessels within the 

security zone must comply with the 

instructions of the Captain of the Port 

Houston-Galveston and designated onscene U.S. Coast Guard patrol 

personnel. 

(4) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Houston-Galveston, or a 

designated representative. They may be 

contacted at ‘‘Sector HoustonGalveston’’ on VHF–FM Channel 16, or 

by phone at (713) 671–5113. 

(5) All persons and vessels shall 

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. 

Dated: January 15, 2009. 

William J. Diehl, 

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

Port Houston-Galveston. 

[FR Doc. E9–6818 Filed 3–26–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0006] 

RIN 1625–AA87 

Temporary Moving Security Zone; 

Freeport Channel Entrance, Freeport, 

TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary 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 would extend 

1,000 yards ahead and astern and 500 

yards on each side of certain vessels, 

which will display the international 

signal flag or pennant number five to 

signal a security zone is established 

around the vessel. 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 Captain of the Port HoustonGalveston. 

DATES: This rule is effective from 12 

p.m. (noon) on January 15, 2009 until 12 

a.m. on April 31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket [USCG–2009– 

0006] and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0006 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 the Marine 

Safety Unit Galveston, 3101 FM 2004, 

Texas City, TX 77591, between 8 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Cliff Harder, Marine Safety 

Unit Galveston, Texas, at (409) 978– 

2705. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a NPRM, and under 

5 U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Publishing a NPRM and 

delaying its effective date would be 

contrary to public interest since 

immediate action is needed to reduce 

potential methods of attack on vessels, 

waterfront facilities, and adjacent 

population centers located within the 

zones. 

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 is establishing 

temporary moving security zones 

around escorted vessels. 

This rule would establish 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 Houston-Galveston zone. These 

zones would be established to protect 

waterfront facilities, persons, and 

vessels from subversive or terrorist acts. 


sroberts on PROD1PC70 with RULES
13344 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

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. All vessels around which a 

security zone is deemed necessary will 

display the international signal flag or 

pennant number five, to signal that 

there is a security zone established 

around the vessel. 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 security zones must obtain 

express permission from the Captain of 

the Port Houston-Galveston or his 

designated representative prior to entry. 

Discussion of Rule 

The Coast Guard is establishing 

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 will be activated for 

certain vessels within the Captain of the 

Port Houston-Galveston zone 

commencing at U.S. territorial waters 

through the Freeport Entrance Channel, 

extending from the surface to the sea 

floor. These moving security zones are 

established as follows: 1,000 yards 

ahead and astern and 500 yards on each 

side of certain vessels while in transit. 

Unless exempted under this rule, these 

moving security zones would prohibit 

entry into or movement within this 

portion of the Captain of the Port 

Houston-Galveston zone without 

Captain of the Port authorization. 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. 

All vessels not exempted under this 

rule would be prohibited from entering 

these security zones unless authorized 

by the Captain of the Port HoustonGalveston or his designated 

representative. In Houston, vessels can 

contact the Captain of the Port HoustonGalveston through Vessel Traffic Service 

Houston/Galveston on VHF Channel 5A, 

by telephone at 713–671–5103, or by 

facsimile at 713–671–5159. In Freeport, 

vessels can contact the Captain of the 

Port Houston-Galveston through Marine 

Safety Unit Galveston, by telephone at 

409–978–2700, or by facsimile at 409– 

978–2671. This rule is effective from 12 

p.m. (noon) on January 15, 2009 until 12 

a.m. on April 31, 2009. 

Regulatory Evaluation 

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 under the 

regulatory policies and procedures of 

DHS 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. Additionally, any other vessel 

wishing to enter the security zone may 

request permission to do so. 

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 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), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Cliff Harder at 409–978–2705. 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 would call 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 would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would not have a substantial 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13345 

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 would not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2, figure 2–1, paragraph (34)(g) of 

the Instruction. Paragraph (34)(g) covers 

regulations establishing, disestablishing, 

or changing security zones. This rule 

involves temporarily establishing a 

security zone in the Captain of the Port 

Houston-Galveston zone. 

Neither an environmental assessment 

nor an environmental impact statement 

is required. An ‘‘Environmental 

Analysis Check List’’ and a categorical 

exclusion 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 proposes to 

amend 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; 3706; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T818 to read as follows: 

§ 165.T818 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 (1,000) yards ahead and astern 

and five hundred (500) yards on each 

side of any vessel within the 12 nautical 

mile U.S. Territorial Waters in the 

Captain of the Port Houston-Galveston 

zone that displays the international 

signal flag or pennant number five. 

(b) Definitions. For the purposes of 

this section: 

Designated Representative means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Houston-Galveston, to assist in the 

enforcement of the security zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Houston-Galveston 

or a designated representative. 

(2) Entry into or remaining in the 

security zones described in paragraph 

(a) 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 must remain moored or 

anchored unless it obtains permission 

from the Captain of the Port HoustonGalveston to do otherwise; 

(ii) Commercial vessels operating at 

the waterfront facilities within these 

security zones; 

(iii) Commercial vessel transiting 

directly to or from waterfront facilities 

within these security zones; 

(iv) Vessels providing direct 

operational/logistic support to 

commercial vessels within these 

security zones; 

(v) Vessels operated by the port 

authority or by facilities located within 

these security zones; and 

(vi) Vessels operated by federal, state, 

county, or municipal agencies; 

(3) 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. 

(4) 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 Houston Galveston’s designated 

representative for the moving security 

zone on VHF Channel 16, or by 

telephone at 979–233–7551. 

(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. 

Dated: January 15, 2009. 

William J. Diehl, 

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

Port Houston-Galveston. 

[FR Doc. E9–6820 Filed 3–26–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 424 

[CMS–6006–F2] 

RIN 0938–AO84 

Medicare Program; Surety Bond 

Requirement for Suppliers of Durable 

Medical Equipment, Prosthetics, 

Orthotics, and Supplies (DMEPOS); 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 


sroberts on PROD1PC70 with RULES