[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Proposed Rules]
[Page 33460]
[FR Doc No: 2015-14346]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0915; FRL-9928-87-Region 4]

Approval and Promulgation of Implementation Plans; South
Carolina; Charlotte-Rock Hill; Base Year Emissions Inventory and
Emissions Statements Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the portions of the state implementation plan (SIP) revisions
submitted by the State of South Carolina, through South Carolina
Department of Health and Environmental Control on August 8, 2014, and
August 22, 2014, that address the base year emissions inventory and
emissions statements requirements for the State's portion of the bi-
state Charlotte-Gastonia-Rock Hill North Carolina-South Carolina 2008
8-hour ozone national ambient air quality standards (NAAQS)
nonattainment area. Annual emissions reporting (i.e., emissions
statements) and a base year emissions inventory are required for all
ozone nonattainment areas. The Area is comprised of the entire county
of Mecklenburg and a portion of Cabarrus, Gaston, Lincoln, Rowan, Union
Counties in North Carolina and a portion of York County in South
Carolina. EPA has published proposed and direct final actions on the
emissions inventory and emissions statements requirements for the North
Carolina portion of the bi-state Charlotte Area in separate rulemaking
documents.

DATES: Written comments must be received on or before July 13, 2015

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0915 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2014-0915,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached at<PHONE_NUMBER> and via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period on this
document. Any parties interested in commenting on this document should
do so at this time.

    Dated: May 28, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-14346 Filed 6-11-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 18971-18972]
[FR Doc No: 2019-08861]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and
Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31249; Amdt. No. 3849]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 3, 2019. The compliance date for each
SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 3, 2019.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under

5 U.S.C. 553(b) are impracticable and contrary to the public interest
and, where applicable, under 5 U.S.C 553(d), good cause exists for
making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on April 19, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 20 June 2019

Prattville, AL, Prattville--Grouby Field, Takeoff Minimums and
Obstacle DP, Amdt 2
Tucson, AZ, Tucson Intl, RNAV (GPS) Z RWY 11L, Amdt 1C
Tucson, AZ, Tucson Intl, RNAV (GPS) Z RWY 29R, Amdt 2D
Lincoln, CA, Lincoln Rgnl/Karl Harder Field, RNAV (GPS) RWY 15,
Orig-A
Mountain View, CA, Moffett Federal Afld, ILS OR LOC RWY 32R, Amdt 1
San Diego, CA, Brown Field Muni, VOR OR GPS-A, Amdt 4, CANCELLED
San Diego, CA, Brown Field Muni, VOR OR TACAN-A, Orig
Stockton, CA, Stockton Metropolitan, RNAV (GPS) RWY 29R, Amdt 2
Truckee, CA, Truckee-Tahoe, RNAV (GPS)-A, Orig
Lake Wales, FL, Lake Wales Muni, RNAV (GPS) RWY 6, Orig-C
New Smyrna Beach, FL, Massey Ranch Airpark, RNAV (GPS) RWY 18, Orig,
CANCELLED
New Smyrna Beach, FL, Massey Ranch Airpark, RNAV (GPS) RWY 36, Orig,
CANCELLED
New Smyrna Beach, FL, Massey Ranch Airpark, RNAV (GPS)-A, Orig
New Smyrna Beach, FL, Massey Ranch Airpark, RNAV (GPS)-B, Orig
New Smyrna Beach, FL, New Smyrna Beach Muni, Takeoff Minimums and
Obstacle DP, Amdt 3
Fort Stewart (Hinesville), GA, Wright AAF (Fort Stewart)/Midcoast
Rgnl, RNAV (GPS) RWY 6L, Amdt 1
Fort Stewart (Hinesville), GA, Wright AAF (Fort Stewart)/Midcoast
Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1
Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 23, Amdt 2F
Millen, GA, Millen, RNAV (GPS) RWY 17, Amdt 3
Millen, GA, Millen, RNAV (GPS) RWY 35, Amdt 2
Hilo, HI, Hilo Intl, RNAV (GPS) RWY 26, Amdt 1
Burlington, IA, Southeast Iowa Rgnl, ILS OR LOC RWY 36, Amdt 10C
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 12, Amdt 1B
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 36, Amdt 1A
Burlington, IA, Southeast Iowa Rgnl, VOR RWY 12, Amdt 6D
Burlington, IA, Southeast Iowa Rgnl, VOR RWY 30, Amdt 13D
Mattoon/Charleston, IL, Coles County Memorial, ILS OR LOC RWY 29,
Amdt 7
Mattoon/Charleston, IL, Coles County Memorial, VOR RWY 6, Amdt 13B,
CANCELLED
Mattoon/Charleston, IL, Coles County Memorial, VOR RWY 24, Amdt 11B,
CANCELLED
Marion, IN, Marion Muni, ILS OR LOC RWY 4, Amdt 8
Marion, IN, Marion Muni, RNAV (GPS) RWY 4, Amdt 1
Marion, IN, Marion Muni, RNAV (GPS) RWY 22, Amdt 1
Marion, IN, Marion Muni, RNAV (GPS) RWY 33, Orig-D
Marion, IN, Marion Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Montague, MA, Turners Falls, RNAV (GPS)-B, Orig-A
Montague, MA, Turners Falls, Takeoff Minimums and Obstacle DP, Amdt
2
Montague, MA, Turners Falls, VOR-A, Amdt 4A
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 4L,
Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY
22R, Orig-A
Duluth, MN, Duluth Intl, RADAR-1, Orig
Grand Rapids, MN, Grand Rapids/Itasca Co-Gordon Newstrom Fld,
Takeoff Minimums and Obstacle DP, Amdt 4A
Hammonton, NJ, Hammonton Muni, RNAV (GPS) RWY 3, Amdt 1D
Hammonton, NJ, Hammonton Muni, VOR-B, Amdt 2D
Fallon, NV, Fallon Muni, Takeoff Minimums and Obstacle DP, Amdt 1A
Norwich, NY, Lt Warren Eaton, RNAV (GPS) RWY 19, Amdt 1A
Piseco, NY, Piseco, RNAV (GPS) RWY 4, Orig-B
Oklahoma City, OK, Will Rogers World, ILS OR LOC RWY 17R, ILS RWY
17R SA CAT II, Amdt 13
Oklahoma City, OK, Will Rogers World, RNAV (GPS) Y RWY 17R, Amdt 5
Oklahoma City, OK, Will Rogers World, RNAV (RNP) Z RWY 17R, Amdt 2
Pierre, SD, Pierre Rgnl, RNAV (GPS) RWY 31, Orig-B
Bristol/Johnson/Kingsport, TN, Tri-Cities, ILS OR LOC RWY 5, Amdt 3D
Bristol/Johnson/Kingsport, TN, Tri-Cities, ILS OR LOC RWY 23, ILS
RWY 23 SA CAT I, ILS RWY 23 CAT II, Amdt 24H
Bristol/Johnson/Kingsport, TN, Tri-Cities, RNAV (GPS) RWY 5, Amdt 1D
Bristol/Johnson/Kingsport, TN, Tri-Cities, RNAV (GPS) RWY 27, Amdt
1B
Brownsville, TX, Brownsville/South Padre Island Intl, ILS OR LOC RWY
13, Orig-B
Houston, TX, Houston-Southwest, LOC RWY 9, Amdt 4
Houston, TX, William P Hobby, LOC RWY 22, Amdt 2
Yakima, WA, Yakima Air Terminal/McAllister Field, COPTER NDB RWY 27,
Amdt 2A, CANCELLED
Yakima, WA, Yakima Air Terminal/McAllister Field, ILS OR LOC RWY 27,
Amdt 1
Yakima, WA, Yakima Air Terminal/McAllister Field, ILS Z RWY 27, Amdt
27B, CANCELLED
Watertown, WI, Watertown Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Buckhannon, WV, Upshur County Rgnl, RNAV (GPS) RWY 11, Amdt 2C
Buckhannon, WV, Upshur County Rgnl, RNAV (GPS) RWY 29, Amdt 2C
Buckhannon, WV, Upshur County Rgnl, VOR-A, Amdt 1B
Lewisburg, WV, Greenbrier Valley, RNAV (GPS) RWY 22, Amdt 1A
Parkersburg, WV, Mid-Ohio Valley Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 3
Pineville, WV, Kee Field, Takeoff Minimums and Obstacle DP, Amdt 2

[FR Doc. 2019-08861 Filed 5-2-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Page 8777]
[FR Doc No: 2019-04369]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Research, Engineering and Development Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Research, Engineering & Development Advisory
Committee (REDAC) meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the REDAC.

DATES: The meeting will be held on April 11, 2019, starting at 9:00
a.m. Eastern Standard Time. Arrange oral presentations by March 28,
2019.

ADDRESSES: The meeting will be held at the Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Chinita A. Roundtree-Coleman at (609)
485-7149 or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is
giving notice of the REDAC meeting on April 11, 2019.
    The Draft Agenda includes:

1. Opening of Meeting/Introduction of REDAC Members
2. Official Statement of Designated Federal Official
3. Chairman's Report
4. FAA Report
5. Reports from Subcommittees
6. Committee Discussions--Recommendations
7. REDAC Chairman Closing Comments & Adjourn

    Attendance is open to the interested public but registration is
required and space is limited to the space available. Please confirm
your attendance with the person listed in the FOR FURTHER INFORMATION
CONTACT section no later than March 28, 2019. Please provide the
following information: Full legal name, country of citizenship, and
name of your industry association, or applicable affiliation. For
Foreign National attendees, please also provide your country of
citizenship, date of birth, and passport or diplomatic identification
number with expiration date.
    With the approval of the REDAC Chairman, members of the public may
present oral statements at the meeting. There will be no more than 45
minutes allotted on the agenda for oral statements. Oral statements are
limited to five minutes per speaker. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section by March 28, 2019. Members
of the public may present a written statement to the committee at any
time by providing 15 copies to the Designated Federal Officer, or by
bringing the copies to the meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT at least 10 calendar days
before the meeting.

    Issued in Washington, DC, on March 5, 2019.
Chinita A. Roundtree-Coleman,
IT Specialist, Research and Development Management Division, ANG-E41,
Federal Aviation Administration.
[FR Doc. 2019-04369 Filed 3-8-19; 8:45 am]
BILLING CODE 4910-13-P


M E M O R A N D U M
To:   		Docket EPA-R09-OAR-2012-0721
From: 		Wienke Tax, EPA Region IX, Air Planning Office
Date:		November 30, 2012
Concerning:  	EPA Proposed Rule, Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision; South Coast  -  Notes of Consultation Meeting with Representatives from Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians Concerning the SIP Call, November 28, 2012.
_____________________________________
On Wednesday, November 28, 2012, EPA Region 9 staff and managers Elizabeth Adams, Jefferson Wehling, Ken Israels, Sara Bartholomew, Meredith Kurpius, Wienke Tax, and Karina O'Connor (by teleconference) participated in a meeting with Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians Council member Catalina Chacon, Environmental Director Syndi Smallwood, Environmental Specialist Helen Rain Waquiu, Pechanga Tribal counsel James Cohen, and Pechanga consultant Gary Rubinstein (of Sierra Research).
The purpose of the meeting was to discuss EPA's proposal regarding the 1-hour ozone SIP call for South Coast, and the potential impacts of this action on tribal lands in the South Coast nonattainment area, among other topics.
Gary Rubinstein expressed the Tribe's concern about the language in the statutory and executive review section of the proposed rule related to tribes and Executive Order (E.O.) 13175. Their concern was that the SIP call applies to a geographic area that includes the Pechanga reservation. While issues regarding the adequacy of the SIP are between the State, South Coast Air Quality Management District, and EPA, the Tribe was concerned that discretionary or mandatory offset sanctions could affect the Tribe. We noted that the SIP call was for the state of California for the South Coast area. Any SIP deadlines would not apply to Pechanga under the Tribal Authority Rule (TAR), thus there would be no trigger for sanctions. The Tribe requested that we clarify this in the final rule, and we agreed to do that.


[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19926-19928]
[FR Doc No: E9-9991]

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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.

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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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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<PHONE_NUMBER>, extension 2705, or e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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 8\1/2\ 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

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 Houston-Galveston 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[deg]56'25'' N, 095[deg]18'13'' W, and the western point at
28[deg]56'28'' N, 095[deg]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<PHONE_NUMBER>, or
by facsimile at<PHONE_NUMBER>. In Freeport, vessels can contact the
Captain of the Port Houston-Galveston through Marine Safety Unit
Galveston, by telephone at<PHONE_NUMBER>, 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).

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 Sec.  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:

Sec.  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[deg]56'25'' N.,
095[deg]18'13'' W., and the western point at 28[deg]56'28'' N.,
095[deg]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]
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