Rule2021-16615
Security Zones; Sabine Pass Channel, Cameron, LA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 6, 2021
Effective
September 7, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a permanent security zone within a new mooring basin at the Sabine Pass LNG facility in Cameron, LA. This rule prohibits persons and vessels from entering the security zone unless authorized by the Captain of the Port, Port Arthur or a designated representative. Additionally, the Coast Guard is improving the language describing the area and correcting a geographical error.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43089-43091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16615]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0120]
RIN 1625-AA87
Security Zones; Sabine Pass Channel, Cameron, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent security zone
within a new mooring basin at the Sabine Pass LNG facility in Cameron,
LA. This rule prohibits persons and vessels from entering the security
zone unless authorized by the Captain of the Port, Port Arthur or a
designated representative. Additionally, the Coast Guard is improving
the language describing the area and correcting a geographical error.
DATES: This rule is effective September 7, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0120 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone 409-719-5080, email <a href="/cdn-cgi/l/email-protection#067565697272286d28716e676a63684673756561286b6f6a"><span class="__cf_email__" data-cfemail="6e1d0d011a1a40054019060f020b002e1b1d0d0940030702">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 43090]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Port Arthur
DHS Department of Homeland Security
FR Federal Register
LNG Liquified Natural Gas
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 26, 2010 the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) prosposing to, among other things, establish a
security zone for the Sabine Pass LNG mooring basin located in Cameron
Parish, LA while LNG carriers are moored at the facility (75 FR 29695).
On October 22, 2010 the Coast Guard issued an interim rule for the
proposed security zone (75 FR 65235). On January 11, 2011 the Coast
Guard published a final rule for the security zone (76 FR 1521).
Sabine Pass LNG is constructing a second mooring basin adjacent to
the first and the COTP has determined that enhanced security measures
are necessary and requires extending the existing security zone to
include the new mooring basin. Therefore, the Coast Guard published a
NPRM titled Security Zones; Sabine Pass Channel, Cameron, LA on June
14, 2021 (86 FR 31459). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
marine event. During the comment period that ended July 14, 2021, we
received one comment pointing out a spelling error and advising of the
need to include the horizontal datum reference in the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) has
determined that enhanced security measures are necessary and is
extending the existing security zone to include the new mooring basin.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published June
14, 2021 that requested we explicitly state the horizontal datum
alongside the coordinates provided for each zone and correct a spelling
error for ``shoreward''. The Coast Guard corrected the spelling error
and added the horizontal datum used for geographic reference. The Coast
Guard also changed the language used to describe the georgraphic
coordinates of the existing security zone for clarity and corrected an
error in one of the positions. There are no other substantial changes
to the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a permanent security zone in a new mooring
basin at Sabine Pass LNG located in Cameron, LA. The security zone
regulations are the same as those in effect for the existing mooring
basin, that is, it would exclude certain vessels from entering the
basin whenever an LNG carrier is moored at the facility. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited size
of the security zone and that the affected area does not hinder or
delay regular vessel traffic. Certain vessels with business in the
mooring basin will be permitted to enter the security zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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
[[Page 43091]]
responsibilities between the Federal Government and Indian tribes.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that 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 involves
regulations establishing a security zone that would prohibit entry
whenever an LNG carrier is moored at the facility. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 165.819 by revising paragraph (a)(1)(ii) to read as
follows:
Sec. 165.819 Security Zone; Sabine Bank Channel, Sabine Pass Channel
and Sabine-Neches Waterway, TX.
(a) * * *
(1) * * *
(ii) Sabine Pass LNG, Cameron Parish, LA: (A) All mooring basin
waters shoreward of a line connecting the following points--beginning
at the shoreline in position 29[deg]44'34.7'' N, 093[deg]52'29'' W;
then to a point at 29[deg]44'31.4'' N, 093[deg]52'26.4'' W; then to a
point at 29[deg]44'25.2'' N, 093[deg]52'14.6'' W; then to the shoreline
at 29[deg]44'24.4'' N, 093[deg]52'11.4'' W (WGS84).
(B) All mooring basin waters shoreward of a line connecting the
following points--beginning at the shoreline in position
29[deg]44'23.4'' N, 093[deg]52'10.3'' W; then to a point at
29[deg]44'22.3'' N, 093[deg]52'9.8'' W; then to a point at
29[deg]44'18'' N, 093[deg]52'3.6'' W; then to the shoreline at
29[deg]44'17.4'' N, 093[deg]52'2.3'' W (WGS84).
Dated: July 30, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port
Arthur.
[FR Doc. 2021-16615 Filed 8-5-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.