Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13341 

■ Par. 3. Section 1.367(a)–8(r)(2) is 

amended by revising the paragraph 

heading to read as follows: 

§ 1.367(a)–8 Gain recognition agreement 

requirements. 

* * * * * 

(r) * * * 

(2) Applicability to transfers occurring 

before March 13, 2009 * * * 

* * * * * 

Robin Jones, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel (Procedure 

and Administration). 

[FR Doc. E9–6871 Filed 3–26–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 602 

OMB Control Numbers Under the 

Paperwork Reduction Act 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, Part 600 to End, revised as 

of April 1, 2008, on page 145, in 

§ 602.101, in the table in paragraph (b), 

add the entry ‘‘1545–1511’’ to the 

second column for § 1.468A–7T and 

remove the entry ‘‘1.545–1511,’’ from 

the first column following § 1.468A– 

3T(h). 

[FR Doc. E9–6943 Filed 3–26–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0005] 

RIN 1625–AA87 

Temporary Security Zone; Freeport 

LNG Basin, Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

in the Freeport LNG Basin. This 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. Entry 

into this zone would be prohibited, 

except for vessels that have obtained the 

express permission from the Captain of 

the Port Houston-Galveston or his 

designated representative. 

DATES: This rule is effective from 12 

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

a.m. (noon) on April 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket [USCG–2009– 

0005] 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–2009–0005 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, Texas 77591 between 8 a.m. 

and 4:30 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 a 

temporary security zone. 

This rule will create a new temporary 

security zone within the port of 

Freeport, TX. This zone would 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. 

This zone is being established for an 

area concentrated with commercial 

facilities considered critical to national 

security. 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 would 

reduce potential methods of attack on 

vessels, waterfront facilities, and 

adjacent population centers located 

within the zones. All such vessels, 

which are listed in 33 CFR 165.814(c), 

desiring to enter this zone would be 

required to obtain express permission 

from the Captain of the Port HoustonGalveston or his designated 

representative prior to entry. 

Discussion of Rule 

The Captain of the Port HoustonGalveston is establishing a temporary 

security zone in the Freeport LNG 

Basin. The zone would encompass all 

waters shoreward of a line drawn 

between the eastern point at 28°56′25′′ 

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

at 28°56′28′′ N, 095°18′31′′ W. This 

security zone would be part of a 

comprehensive port security regime 

designed to safeguard human life, 

vessels, and waterfront facilities against 

sabotage or terrorist attacks. 

All vessels not exempted under this 

rule would be prohibited from entering 

the security zone 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 

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

a.m. (noon) on April 30, 2009. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 


sroberts on PROD1PC70 with RULES
13342 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

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 security zone is not 

part of the navigable waterway or a 

commercial fishing ground. It does not 

impede commercial traffic to or from the 

Port of Freeport or on the adjacent 

Intracoastal Waterway. 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 will 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: This rule will not 

interfere with regular vessel traffic 

within the Freeport Ship Channel 

and/or the Intracoastal Waterway. 

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. 

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 effect in 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 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 Freeport LNG 

Basin. 

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. 


sroberts on PROD1PC70 with RULES
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