65232 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph 32(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise paragraph (a) of § 117.123 to 

read as follows: 

§ 117.123 Arkansas Waterway. 

(a) Across the Arkansas Waterway, the 

draw of the Rob Roy Drawbridge, mile 

67.4, at Pine Bluff, Arkansas is 

maintained in the closed to navigation 

position and is remotely operated. Any 

vessel which requires an opening of the 

draw of this bridge shall establish 

contact by radiotelephone with the 

remote drawbridge operator on VHF– 

FM Channel 12 in Omaha, Nebraska. To 

establish contact, the vessel shall key 

the VHF–FM radio microphone four 

times in five seconds and listen for an 

acknowledgement tone. The remote 

drawbridge operator will then establish 

normal verbal radio communication on 

VHF–FM Channel 12 and advise the 

vessel whether the requested span can 

be immediately opened and will 

maintain constant radio contact with the 

vessel until the requested span has 

opened and vessel passage has been 

completed. The bridge is equipped with 

a Photoelectric Boat Detection System to 

prevent the span from lowering if there 

is an obstruction under the span. If the 

drawbridge cannot be opened 

immediately, the remote drawbridge 

operator will notify the calling vessel 

and provide an estimated time for a 

drawspan opening. 

* * * * * 

Dated: October 12, 2010. 

Mary E. Landry, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. 2010–26672 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0954] 

Drawbridge Operation Regulation; 

Illinois River, Pekin, IL 

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 Pekin 

Railroad Drawbridge across the Illinois 

Waterway, mile 151.2, Pekin, Illinois. 

The deviation is necessary to allow the 

replacement of lift cables and associated 

mechanisms on the lift span and allows 

the bridge to be maintained in the 

closed-to-navigation position during the 

deviation period. 

DATES: This deviation is effective for 

five days starting at 6 a.m. on November 

9, 2010 and ending at 11:59 p.m. on 

November 13, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0954 and are available online by going 

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

USCG–2010–0954 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 Eric A. Washburn, Bridge 

Administrator, Coast Guard; telephone 

314–269–2378, e-mail 

Eric.Washburn@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 Union 

Pacific Railroad requested a temporary 

deviation for the Pekin Railroad 

Drawbridge, across the Illinois 

Waterway, mile 151.2, at Pekin, Illinois 

to remain in the closed-to-navigation 

position for a five day period while lift 

cables and associated mechanisms are 

replaced on the lift span. The Pekin 

Railroad Drawbridge currently operates 

in accordance with 33 CFR 117.5, which 

states the general requirement that 

drawbridges shall open promptly and 

fully for the passage of vessels when a 

request to open is given in accordance 

with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Illinois Waterway. 

The Pekin Railroad Drawbridge, in the 

closed-to-navigation position, provides 

a vertical clearance of 34.3 feet above 

normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

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: October 12, 2010. 

Eric A. Washburn, 

Bridge Administrator. 

[FR Doc. 2010–26674 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0316] 

RIN 1625–AA87 

Security Zones; Sabine Bank Channel, 

Sabine Pass Channel and SabineNeches Waterway, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request 

comments. 

SUMMARY: The Coast Guard is issuing an 

interim rule based on comments 

received from the subject Notice of 

Proposed Rulemaking published in the 

Federal Register on May 27, 2010. This 

interim rule establishes moving security 

zones for certain vessels for which the 

Captain of the Port, Port Arthur deems 

enhanced security measures necessary. 

In addition, it establishes security zones 

encompassing the mooring basins of 

LNG carriers while they are moored at 

the Golden Pass LNG facility in Sabine, 

TX and/or the Sabine Pass LNG facility 

located in Cameron Parish, LA. 

DATES: This interim rule is effective in 

the CFR on October 22, 2010. This rule 

is effective with actual notice for the 

purposes of enforcement on August 23, 

2010. Comments and related material 

must be received by the Coast Guard on 

or before November 22, 2010. Requests 

for public meetings must be received by 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 65233 

the Coast Guard on or before November 

1, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0316 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: If 

you have questions on this interim rule, 

call or e-mail Mr. Scott Whalen, Marine 

Safety Unit Port Arthur, TX; telephone 

409–719–5086, e-mail 

scott.k.whalen@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–2009–0316), 

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 delivery, 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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. Insert 

‘‘USCG–2009–0316’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then in the interim 

rule row click on the balloon shape in 

the ‘‘Actions’’ column. If you submit 

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, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period 

and may change this 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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0316’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

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 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 a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

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. Please 

explain why you believe a public 

meeting 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. 

Regulatory Information 

On May 27, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Security Zones; Sabine Bank 

Channel, Sabine Pass Channel and 

Sabine-Neches Waterway, TX’’ in the 

Federal Register (75 FR 29695). We 

received one comment on the proposed 

rule. No meetings were requested and 

none were held. 

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. This finding is based on the 

fact that the Coast Guard received only 

one comment concerning the published 

NPRM and that the changes 

incorporated are not substantive. That 

is, the changes will not result in any 

interference to normal vessel traffic in 

the area. By making the interim rule 

effective less than 30 days after 

publication the necessary security zones 

can be implemented without further 

delay. And, additional comments and 

the security zones established by this 

interim rule will be evaluated 

throughout the interim rule comment 

period. 

Basis and Purpose 

The Coast Guard is establishing 

moving security zones for certain 

vessels, for which the Captain of the 

Port deems enhanced security measures 

are necessary. Mariners will be notified 

of the activation of a moving security 

zone by Broadcast Notice to Mariners. 

Active moving security zones may also 

be identified by the presence of escort 

vessels displaying flashing blue law 

enforcement lights. 

The moving security zones would be 

activated for certain vessels within the 

U.S. territorial waters through Sabine 

Bank Channel, Sabine Pass Channel and 

the Sabine-Neches Waterway, extending 

from the surface to the bottom. These 

moving security zones would extend 

channel edge to channel edge on the 

Sabine Bank and Sabine Pass Channel 

and shoreline to shoreline on the 

Sabine-Neches Waterway, 2 miles ahead 

and 1 mile astern of the designated 

vessels while in transit. Meeting, 

crossing or overtaking situations are not 

permitted within the security zone 

unless specifically authorized by the 

Captain of the Port. 

In addition, the Coast Guard is 

establishing security zones for the 


emcdonald on DSK2BSOYB1PROD with RULES
65234 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

mooring basins at the Golden Pass LNG 

facility in Sabine, TX and the Sabine 

Pass LNG facility located in Cameron 

Parish, LA while LNG carriers are 

moored at these facilities. 

These proposed security zones 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 

paragraph (b) of § 165.819 would be 

prohibited from entering or remaining 

in these security zones unless 

authorized by the Captain of the Port, 

Port Arthur or his designated 

representative. For authorization to 

enter the proposed security zones, 

vessels can contact the Captain of the 

Port’s on-scene representative or Vessel 

Traffic Service Port Arthur on VHF 

Channel 01A or 65A, by telephone at 

(409) 719–5070, or by facsimile at (409) 

719–5090. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment requesting that the 

establishment of a security zone 

extending 100-feet around LNG carriers 

while moored at Sabine Pass LNG and 

Golden Pass LNG facilities be extended 

to include the entire mooring basin. The 

Coast Guard concurs with this 

recommendation and modified the 

regulatory language in § 165.819 (a)(1) 

accordingly. Additionally, the 

commenter noted that the location of 

the Sabine Pass facility should be 

changed from Cheniere, LA to Cameron 

Parish, LA. This change was also 

incorporated into the final regulatory 

language. 

Regulatory Analyses 

We developed this interim 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 proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. The basis of this finding is 

that the proposed fixed security zones 

around moored LNG carriers would be 

of limited size and duration and the 

affected area would not hinder or delay 

regular vessel traffic. The moving 

security zone wound be limited and 

would not create undue delay to vessel 

traffic because vessel traffic may request 

permission to enter the zone from the 

Captain of the Port. 

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 might be small 

entities: The owners or operators of 

vessels intending to transit through the 

fixed or moving security zones. The 

fixed security zones are of limited size 

and duration and the affected area will 

not hinder or delay regular vessel traffic. 

The moving security zone rule will not 

create undue delay to vessel traffic 

because vessel traffic may request 

permission to enter the zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 cause 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. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 65235 

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 

addresses regulations establishing, 

disestablishing, or changing Regulated 

Navigation Areas and security or safety 

zones. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. An 

environmental analysis checklist and a 

categorical exclusion determination 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 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add new § 165.819 to read as 

follows: 

§ 165.819 Security Zone; Sabine Bank 

Channel, Sabine Pass Channel and SabineNeches Waterway, TX. 

(a) Location. (1) The following LNG 

facility mooring basins are designated as 

fixed security zones whenever LNG 

carriers are moored within them: 

(i) Golden Pass LNG, Sabine TX: All 

waters south of a line connecting the 

following points—beginning at 

29°45′58′′ N, 093°55′40′′ W; then east to 

a point at 29°45′52.8′′ N, 093°55′20.8′′ 

W; then bearing 120° T to the shoreline 

at 29°45′50′′ N, 093°55′17′′ W. 

(ii) Sabine Pass LNG, Cameron Parish, 

LA: All waters north of a line connecting 

the following points—beginning at the 

shoreline in position 29°44′34.7′′ N, 

093°52′29′′ W; then southeast to a point 

at 29°44′31.4′′ N, 093°52′26.4′′ W; then 

bearing 121° T to a point at 29°44′25.2′′ 

N, 093°52′14.6′′ W; then bearing 116° T 

to the shoreline at 29°44′23.75 N, 

093°52′00′′ W. 

(2) The following areas are designated 

as moving security zones: All waters of 

the Captain of the Port, Port Arthur 

Zone commencing at U.S. territorial 

waters and extending from the surface 

to the bottom, channel edge to channel 

edge on the Sabine Bank and Sabine 

Pass Channels and shoreline to 

shoreline on the Sabine-Neches 

Waterway, 2 miles ahead and 1 mile 

astern of certain designated vessels 

while in transit within in the Captain of 

the Port, Port Arthur zone. Mariners 

would be notified of designated vessels 

by Broadcast Notice to Mariners and the 

presence of escort vessels displaying 

flashing blue law enforcement lights. 

(b) Regulations. (1) Entry into or 

remaining in a fixed security zone 

described in paragraph (a)(1) of this 

section is prohibited for all vessels 

except: 

(i) Commercial vessels operating at 

waterfront facilities within these zones; 

(ii) Commercial vessels transiting 

directly to or from waterfront facilities 

within these zones; 

(iii) Vessels providing direct 

operational or logistical support to 

commercial vessels within these zones; 

(iv) Vessels operated by the 

appropriate port authority or by 

facilities located within these zones; 

and 

(v) Vessels operated by Federal, State, 

county, or municipal law enforcement 

agencies. 

(2) Entry into or remaining in a 

moving security zone described in 

paragraph (a)(2) 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 described in paragraph 

(a)(2) 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 

waterfront facilities located within the 

zone; 

(iii) Vessels providing direct 

operational support to commercial 

vessels within a moving security zone; 

(iv) Vessels operated by Federal, 

State, county, or municipal law 

enforcement agencies. 

(3) Meeting, crossing or overtaking 

situations are not permitted within the 

security zone described in paragraph 

(a)(2) of this section unless specifically 

authorized by the Captain of the Port. 

(4) Other persons or vessels requiring 

entry into security zones described in 

this section must request permission 

from the Captain of the Port, Port Arthur 

or designated representative. 

(5) To request permission to enter a 

security zone described in this section, 

contact Vessel Traffic Service Port 

Arthur on VHF Channel 01A or 65A; by 

telephone at (409) 719–5070; by fax at 

(409) 719–5090; or contact the Captain 

of the Port’s designated on-scene patrol 

vessel on VHF channel 13 or 16. 

(6) All persons and vessels within a 

security zone described in this section 

must comply with the instructions of 

the Captain of the Port, Port Arthur, 

designated on-scene U.S. Coast Guard 

patrol personnel or other designated 

representatives. Designated on-scene 

U.S. Coast Guard patrol personnel 

include commissioned, warrant, and 

petty officers of the U.S. Coast Guard. 

Designated representatives include 

Federal, State, local and municipal law 

enforcement agencies. 


emcdonald on DSK2BSOYB1PROD with RULES
65236 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

Dated: August 23, 2010. 

J.J. Plunkett, 

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

Port, Port Arthur. 

[FR Doc. 2010–26670 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0846] 

RIN 1625–AA87 

Security Zone, in the Vicinity of the 

Michoud Slip Position 30≥0′34.2′′ N, 

89≥55′40.7′′ W to Position 30≥0′29.5′′ N, 

89≥55′52.6′′ W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Captain of the Port of 

New Orleans, under the authority of the 

Magnuson Act, 33 CFR 165.30 and 

165.33, has established a security zone 

in the vicinity of the Michoud Slip 

encompassing the entire slip from 

position 30°0′34.2′′ N, 89°55′40.7′′ W to 

position 30°0′29.5′′ N, 89°55′52.6′′ W 

across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

DATES: This rule is effective in the CFR 

from October 22, 2010 through 

December, 31, 2010. This rule is 

effective with actual notice for purposes 

of enforcement from September 11, 

2010, at 12 noon, through December 31, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0846 and are available online by going 

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

USCG–2010–0846 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 

Commander (LCDR) Eva VanCamp, 

Sector New Orleans, Coast Guard; 

telephone 504–365–2392, e-mail 

Eva.VanCamp@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 it 

would be impracticable and contrary to 

public interest to delay the rule. 

Immediate action is necessary to protect 

the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature. 

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. This security zone is needed to 

protect the Deepwater Horizon blowout 

preventer and adjacent piers and 

infrastructure from destruction, loss or 

injury from sabotage or other subversive 

acts, accidents or other causes of a 

similar nature. Additional notice is 

impracticable and contrary to public 

interest. 

Basis and Purpose 

An investigation associated with the 

Deepwater Horizon incident is currently 

taking place in the vicinity of Michoud 

Slip. A security zone has been 

established encompassing the entire slip 

from position 30°0′34.2′′ N, 89°55′40.7′′ 

W to position 30°0′29.5′′ N, 89°55′52.6′′ 

W across the mouth of the slip. Vessels 

will not be allowed to enter this security 

zone without the permission of the 

Captain of the Port, New Orleans. This 

security zone is necessary to protect the 

Deepwater Horizon blowout preventer 

and adjacent piers and infrastructure 

from destruction, loss or injury from 

sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

Discussion of Rule 

The Coast Guard has established 

several safety and security zones in 

South Louisiana to protect vessels and 

facilities engaged in operations 

associated with the Deepwater Horizon 

incident. This security zone is in 

addition to those safety and security 

zones and adds additional requirements 

which are needed to ensure the safety of 

evidence needed for the investigation of 

the incident. This security zone is 

necessary to protect the Deepwater 

Horizon blowout preventer and adjacent 

piers and infrastructure from 

destruction, loss or injury from sabotage 

or other subversive acts, accidents or 

other causes of a similar nature. 

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. 

It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). Due to its location the impacts 

on routine navigation are expected to be 

minimal. 

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 or operators of 

vessels, intending to transit in the 

vicinity of Michoud Slip, encompassing 


emcdonald on DSK2BSOYB1PROD with RULES