Rule2024-29449
Safety Zone, Port Arthur Canal, Sabine, Pass, TX
Primary source
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Published
December 13, 2024
Effective
December 13, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the temporary safety zones for waters of Port Arthur Canal adjacent to Golden Pass Liquefied Natural Gas (LNG) Facility in Sabine Pass, TX. These safety zones will continue to be temporarily activated during high pressure testing of the piping systems to protect persons and vessels on these navigable waters from potential blast and fragmentation hazards associated with high pressure piping testing. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port, Marine Safety Unit Port Arthur.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100743-100745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29449]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2022-0988]
RIN 1625-AA00
Safety Zone, Port Arthur Canal, Sabine, Pass, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the temporary safety zones for
waters of Port Arthur Canal adjacent to Golden Pass Liquefied Natural
Gas (LNG) Facility in Sabine Pass, TX. These safety zones will continue
to be temporarily activated during high pressure testing of the piping
systems to protect persons and vessels on these navigable waters from
potential blast and fragmentation hazards associated with high pressure
piping testing. Entry of vessels or persons into these zones is
prohibited unless specifically authorized by the Captain of the Port,
Marine Safety Unit Port Arthur.
[[Page 100744]]
DATES: This rule is effective without actual notice from December 13,
2024 through June 30, 2025. For the purposes of enforcement, actual
notice will be used from December 10, 2024, through December 13, 2024.
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-
2022-0988 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 about this
notification of enforcement, call or email Lieutenant Commander
Kimberly Gates, Marine Safety Unit Port Arthur, U.S. Coast Guard; 571-
610-1924, email <a href="/cdn-cgi/l/email-protection#2b604246494e5947520566056c4a5f4e586b5e58484c05464247"><span class="__cf_email__" data-cfemail="2f6446424d4a5d4356016201684e5b4a5c6f5a5c4c4801424643">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 9, 2023, the Coast Guard issued a temporary interim
rule, titled Safety Zone, Port Arthur Canal, Sabine, Pass, TX (88 FR
1145), detailing the safety zone locations with an effective date range
of January 1, 2023, through December 31, 2024. There, we indicated we
would publish a temporary final rule if we determined that changes to
the temporary interim rule are necessary.
On October 31, 2024, the Coast Guard was notified that previously
planned high pressure testing of piping systems at Golden Pass LNG in
Sabine Pass, TX was delayed, and that one additional test is needed.
The test will occur between January 1, 2025, and June 30, 2025. As a
result, the Coast Guard is extending the effective date of the safety
zones through June 30, 2025.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this extension because doing so would
be impracticable. These safety zones must remain in place through June
30, 2025, to protect persons and vessels from the potential blast and
fragmentation hazards associated with high pressure testing of piping
systems at Golden Pass LNG. It is impracticable to publish an NPRM
because we must extend these safety zones by December 31, 2024.
Also, 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. Delaying the effective date of
this temporary rule would be impracticable because prompt action is
required to ensure the protection of persons and vessels from the
potential hazards associated with high pressure testing of piping
systems at Golden Pass LNG.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 46 U.S.C. 70034. The Captain of the Port, Marine Safety
Unit Port Arthur (COTP) has determined that potential hazards from high
pressure testing of LNG piping systems are a safety concern for persons
and vessels in the area of the testing. This rule is needed to protect
persons and vessels from the hazards present during high pressure test
of these piping systems.
IV. Discussion of the Rule
This rule extends the effective date of safety zones, originally
established on January 20, 2023, and effective through December 31,
2024, through June 30, 2025.
The safety zones have three separate exclusion areas: (1) Port
Arthur Canal in the vicinity of Golden Pass LNG, shoreline to
shoreline, between a western boundary of 093[deg]55'44'' N and an
eastern boundary of 093[deg]54'36'' W; (2) Port Arthur Canal in the
vicinity of Golden Pass LNG between a western boundary of
093[deg]55'44'' N and an eastern boundary of 093[deg]54'36'' W and
extending from the south/west shoreline to the near channel limits as
charted; and (3) Golden Pass LNG ship mooring basin within the
following boundaries: starting on the shoreline west of the mooring
basin at position 29[deg]45'57.9'' N 093[deg]55'39.6'' W, thence
northeast to 29[deg]45'59.25'' N 093[deg]55'37.5'' W, thence to
position W, thence the shoreline on the east side of the basin at
position 29[deg]45'50.7'' N 093[deg]55'17.0'' W.
The extended duration of the zones is intended to protect
personnel, vessels, and the maritime environment in these navigable
waters during high pressure testing of LNG piping systems. No vessel or
person will be permitted to enter the safety zones 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration and entities impacted by the safety zones. Theses
temporary safety zones affect approximately 750-yards of Port Arthur
Canal in the vicinity of Golden Pass LNG. The test may permit vessel
movements within the adjacent navigable channel or may restrict vessel
traffic for a period of not more than 2 hours. Mariners will be advised
of the time of testing and any associated vessel traffic restriction in
advance via Broadcast Notice to Mariners and Vessel Traffic Service
(VTS) Advisories.
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 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 zones 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),
[[Page 100745]]
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
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 safety
zones of short duration intended to protect persons and vessels from
potential hazards associated with high pressure testing of piping
system at the Golden Pass LNG facility in Sabine Pass, TX. 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 165.T08-0988 by revising paragraph (d) to read as
follows:
Sec. 165.T08-0988 Safety Zone; Port Arthur Canal, Sabine, Pass, TX.
* * * * *
(d) Enforcement periods. The safety zones in paragraph (a) of this
section is in effect from January 20, 2023, through June 30, 2025. This
section will be subject to enforcement when high pressure tests are
being conducted. Mariners will be informed of enforcement zone and
enforcement periods by Broadcast Notice to Mariners, VTS Advisory, and
the presence of enforcement vessels displaying flashing blue law
enforcement lights.
Dated: December 10, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2024-29449 Filed 12-12-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 13, 2024.
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.