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24 November 2009
[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Proposed Rules]
[Page 61305-61308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no09-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0501]
RIN 1625-AA87
Security Zones; Brazos River, Freeport, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish four permanent security
zones in the Brazos River in Freeport, Texas. This security zone is
needed to protect vessels, waterfront facilities, and surrounding areas
from destruction, loss, or injury caused by terrorism, sabotage,
subversive acts, accidents, or incidents of a similar nature. Entry
into this zone will be prohibited except by permission of the Captain
of the Port Houston-Galveston.
DATES: Comments and related material must reach the Coast Guard on or
before December 24, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0501 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is (202) 366-9329.
(4) Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Lieutenant junior grade Margaret
Brown, Sector Houston-Galveston, telephone (713) 678-9001, or e-mail
margaret.a.brown@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:
[[Page 61306]]
Request for Comments
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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking [USCG-2009-0501], indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit them 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. We may change this
proposed rule in view of them.
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-2009-0501'' 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 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 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.
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 four
permanent security zones within the port of Freeport, TX.
These zones 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. The zones being proposed are in areas with a high
concentration of commercial facilities that are considered critical to
national security.
All vessels not exempted under Sec. 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. 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.
Discussion of Proposed Rule
The Captain of the Port Houston-Galveston is proposing four
permanent security zones in the waters adjacent to the Dow Chemical
Facility in Freeport, Texas. All vessels not exempted under this rule
would be prohibited from entering the security zone unless authorized
by the Captain of the Port Houston-Galveston or his designated
representative. 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 Houston-Galveston through Marine Safety Unit Galveston, by
telephone at (409) 978-2700, or by facsimile at (409) 978-2671.
The security zones are as follows:
(i) The Dow Barge Canal, containing all waters of the Dow Barge
Canal north of a line drawn between 28[deg]56.81' N/095[deg]18.33' W
and 28[deg]56.63' N/095[deg]18.54' W (NAD 1983). This zone increases
the size of the established security zone to include the interior part
of the Dow Barge Canal.
(ii) The Brazos Harbor, containing all waters west of a line drawn
between 28[deg]56.45' N, 95[deg]20.00' W, and 28[deg]56.15' N,
95[deg]20.00' W (NAD 1983) at its junction with the Old Brazos River.
This security zone remains unchanged, but the position descriptions are
changed from Degrees-Minutes-Seconds to Degrees-Minutes.Decimal Minutes
for ease of use and maximum compatibility with GPS devices.
(iii) The Dow Chemical plant, containing all waters of the Brazos
Point Turning Basin within 100' of the north shore and bounded on the
east by the longitude line drawn through 28[deg]56.58' N/095[deg]18.64'
W and on the west by the longitude line drawn through 28[deg]56.64' N/
095[deg]19.13' W (NAD 1983). This is a new security zone surrounding
the docks of the Dow Chemical Plant.
(iv) The Seaway Teppco Facility, containing all waters of the
Brazos Port Turning Basin bounded on the south by the shore, the north
by the Federal Channel, on the east by the longitude line running
through 28[deg]56.44' N, 95[deg]18.83' W and 28[deg]56.48' N
095[deg]18.83' W and on the West by the longitude line running through
28[deg]56.12' N, 95[deg]19.27' W and 28[deg]56.11' N, 095[deg]19.34' W
(NAD 1983). This is a new security zone surrounding the docks of the
Seaway Teppco Facility.
(v) The Conoco Phillips Facility docks, containing all waters
within 100 feet of a line drawn from a point on shore at approximate
position 28[deg]55.96'
[[Page 61307]]
N, 095[deg]19.77' W east to a point on shore at approximate position
28[deg]56.19' N, 095[deg]20.07' W (NAD 1983). This is a new security
zone surrounding the docks of the Conoco Phillips facility.
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). 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 zones are not part of
the Federal Channel. It does not impede commercial traffic to, from, or
within the Port of Freeport. Recreational and commercial fishing vessel
traffic will be able to transit the Brazos River within the Federal
Channel.
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 any commercial vessel traffic
within the Old Brazos River.
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 junior grade Margaret
Brown at (713) 678-9001. 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).
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 Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969
[[Page 61308]]
(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is not likely to have a significant
effect on the human environment. A preliminary ``Environmental Analysis
Check List'' supporting this preliminary determination is available in
the docket where indicated under ADDRESSES. The proposed rule involves
establishing security zones and is excluded under paragraph 34(g) of
the Commandant Instruction. 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;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Revise Sec. 165.814(a)(5) to read as follows:
Sec. 165.814 Security Zones; Captain of the Port Houston-Galveston
Zone.
(a) * * * * *
(5) Freeport, Texas. (i) The Dow Barge Canal, containing all waters
of the Dow Barge Canal north of a line drawn between 28[deg]56.81' N/
095[deg]18.33' W and 28[deg]56.63' N/095[deg]18.54' W (NAD 1983).
(ii) The Brazos Harbor, containing all waters west of a line drawn
between 28[deg]56.45' N, 95[deg]20.00' W, and 28[deg]56.15' N,
95[deg]20.00' W (NAD 1983) at its junction with the Old Brazos River.
(iii) The Dow Chemical plant, containing all waters of the Brazos
Point Turning Basin within 100' of the north shore and bounded on the
east by the longitude line drawn through 28[deg]56.58' N/095[deg]18.64'
W and on the west by the longitude line drawn through 28[deg]56.64' N/
095[deg]19.13' W (NAD 1983).
(iv) The Seaway Teppco Facility, containing all waters of the
Brazos Port Turning Basin bounded on the south by the shore, the north
by the Federal Channel, on the east by the longitude line running
through 28[deg]56.44' N, 95[deg]18.83' W and 28[deg]56.48' N
095[deg]18.83' W and on the West by the longitude line running through
28[deg]56.12' N, 95[deg]19.27' W and 28[deg]56.11' N, 095[deg]19.34' W
(NAD 1983).
(v) The Conoco Phillips Facility docks, containing all waters
within 100' of a line drawn from a point on shore at Latitude
28[deg]55.96' N, Longitude 095[deg]19.77' W, extending west to a point
on shore at Latitude 28[deg]56.19' N, Longitude 095[deg]20.07' W (NAD
1983).
Dated: September 29, 2009.
Marcus E. Woodring,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-28185 Filed 11-23-09; 8:45 am]
BILLING CODE 4910-15-P