19926 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 

(i) Moored vessels or vessels anchored 

in a designated anchorage area. A 

moored or an anchored vessel in a 

security zone described in paragraph (a) 

of this section must remain moored or 

anchored unless it obtains permission 

from the Captain of the Port to do 

otherwise. 

(ii) Commercial vessels operating at 

the waterfront facilities within zone 

described in paragraph (a) of this 

section. 

(iii) Commercial vessel transiting 

directly to or from waterfront facilities 

within a security zone described in 

paragraph (a) of this section. 

(iv) Vessels providing direct 

operational/logistic support to 

commercial vessels within a security 

zone described in paragraph (a) of this 

section. 

(v) Vessels operated by the port 

authority or by facilities located within 

a security zone described in paragraph 

(a) of this section. 

(vi) Vessels operated by federal, state, 

county, or municipal agencies. 

(2) All persons and vessels within a 

security zone described in paragraph (a) 

of this section must comply with the 

instructions of the Captain of the Port 

Houston-Galveston and designated onscene 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. 

(3) 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) Informational broadcasts. The 

Captain of the Port Houston-Galveston 

will inform the public when moving 

security zones have been established 

around vessels via Broadcast Notice to 

Mariners on VHF channel 16 and 13. 

(d) 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: February 18, 2009. 

William J. Diehl, 

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

Port Houston-Galveston. 

[FR Doc. E9–9990 Filed 4–29–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0124] 

RIN 1625–AA87 

Security Zone; Freeport LNG Basin, 

Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent 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: Comments and related material 

must reach the Coast Guard on or before 

June 1, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0124 using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Cliff Harder, Marine Safety 

Unit Galveston, telephone (409) 978– 

2700, extension 2705, or e-mail 

cliff.j.harder@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0124), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand-deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0124’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–0124 in the Docket ID box, press 

Enter, and then click on the item in the 

Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 19927 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

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 proposes to establish 

a permanent security zone within the 

port of Freeport, TX. This would make 

permanent a temporary final rule that 

was effective from January 15, 2009, to 

April 30, 2009. See 74 FR 13341. 

This proposed rule would establish a 

new distinct security zone in the 

Freeport LNG Basin. 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 platforms from which 

terrorist attacks may be launched upon 

from other vessels, waterfront facilities, 

and adjacent population centers. 

This zone is being proposed for an 

area concentrated with commercial 

facilities considered critical to national 

security. This proposed 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 vessels not 

exempted under current 33 CFR 

165.814(c) desiring to enter this zone 

would be required to obtain express 

permission from the Captain of the Port 

Houston-Galveston or his designated 

representative prior to entry. 

Discussion of Proposed Rule 

The Captain of the Port HoustonGalveston proposes to amend 33 CFR 

165.814 to establish a permanent 

security zone in the Freeport LNG 

Basin. In proposed paragraph (a)(5)(iii), 

the zone would encompass all waters 

shoreward of a line drawn between the 

eastern point at latitude 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 

current paragraph (c) of section 165, 

would be prohibited from entering the 

proposed security zone unless 

authorized by the Captain of the Port 

Houston-Galveston or his designated 

representative. Revisions to paragraph 

(c)(2) would provide methods of 

obtaining authorization: In Houston, 

vessels can contact the Captain of the 

Port Houston-Galveston, 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 HoustonGalveston through Marine Safety Unit 

Galveston, by telephone at (409) 978– 

2700, or by facsimile at (409) 978–2671. 

We propose to delete paragraph (b) of 

33 CFR 165.814 because it merely states 

a past effective date for that section and 

there is no need for this effective date 

in the regulatory text of a permanent 

regulation. Accordingly, we propose to 

redesignate paragraph (c) of section 

165.814 as (b). 

Regulatory Evaluation 

This proposed 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 proposed 

rule to be so minimal that a full 

Regulatory Evaluation 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. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason: This proposed rule 

would not interfere with regular vessel 

traffic within the Freeport Ship Channel 

and/or the Intracoastal Waterway. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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) 978–2700, 

extension 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 proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

19928 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 

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 proposed 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 proposed rule would not 

result in such expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule would not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. This 

proposed rule involves establishing a 

permanent security zone in the Freeport 

LNG Basin. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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, 3703; 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. Amend § 165.814 as follows: 

a. Remove paragraph (b) and 

redesignate paragraph (c) as (b); 

b. Add paragraph (a)(5)(iii) and revise 

redesignated paragraph (b)(2) to read as 

follows: 

§ 165.814 Security Zone; Captain of the 

Port Houston-Galveston Zone. 

(a) * * * 

(5) * * * 

(iii) The Freeport LNG Basin 

containing all waters shoreward of a 

line drawn between the eastern point at 

latitude 28°56′25′′ N., 095°18′13′′ W., 

and the western point at 28°56′28′′ N., 

095°18′31′′ W. east towards the jetties. 

(b) * * * 

(2) Other persons or vessels requiring 

entry into a zone described in this 

section must request express permission 

to enter from the Captain of the Port 

Houston-Galveston, or designated 

representative. The Captain of the Port 

Houston-Galveston’s designated 

representatives are any personnel 

granted authority by the Captain of the 

Port Houston-Galveston to receive, 

evaluate, and issue written security 

zone entry permits, or the designated 

on-scene U.S. Coast Guard patrol 

personnel described in paragraph (b)(4). 

* * * * * 

Dated: February 18, 2009. 

William J. Diehl, 

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

Port Houston-Galveston. 

[FR Doc. E9–9991 Filed 4–29–09; 8:45 am] 

BILLING CODE 4910–15–P