[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Rules and Regulations]
[Pages 1519-1521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-172]
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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
Sabine-Neches Waterway, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing moving security zones for
certain vessels for which the Captain of the Port, Port Arthur deems
enhanced security measures necessary. In addition, it is establishing
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 rule is effective February 10, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0316 are available online by going to
http://www.regulations.gov, inserting USCG-2009-0316 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX;
telephone 409-719-5086, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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. On October 22,
2010, we then published an interim rule discussing and incorporating
the recommendation from that one comment and requesting further
comments (75 FR 65232).
No public meeting was requested and none was held. Additionally, no
comments concerning the interim rule were received.
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. The purpose of these security zones is to
protect certain vessels designated as requiring such enhanced security
measures. Mariners will be notified of the activation of a moving
security zone around designated vessels by Broadcast Notice to
Mariners. Vessels with active moving security zones will 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
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 security zones are 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 Sec. 165.819 would
be
[[Page 1520]]
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.
Background
On May 27, 2010 we published a notice of proposed rulemaking (NPRM)
to establish this security zone regulation. We received one comment on
the proposed rule. Based on that comment, the security zone area
proposed in the NPRM was extended to include the entire mooring basins
for LNG carriers. The Coast Guard concurs with that recommendation and
modified the regulatory language accordingly for the interim rule.
Additionally, the same commenter noted that the location of the Sabine
Pass facility should be changed from Cheneire, LA to Cameron Parish,
LA. This change was also incorporated into the interim rule regulatory
language.
Discussion of Comments and Changes
The Coast Guard received no comments concerning the interim rule
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. For
clarity, the Coast Guard has amended the final rule regulatory text to
include ``mooring basin'' as a body of water description for the fixed
security zones. Mooring basin as a descriptive term is in addition to
the latitude and longitude positions, which are already part of the
regulatory text, and does not change the areas included in the fixed
security zone. This final rule contains no substantive changes from the
interim rule as published.
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.
We expect the economic impact of this 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 are
of limited size and duration and the affected area does not hinder or
delay regular vessel traffic. The moving security zone is limited and
does 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
[[Page 1521]]
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
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 involves regulations establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard adopts
the interim rule amending 33 CFR part 165 that was published at 75 FR
65235 on October 22, 2010, as a final rule with the following changes:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation to part 165 continues to read as follows:
Authority: 33 U.S.C. 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.
Sec. 165.819 [Amended]
0
2. In Sec. 165.819--
0
a. Amend paragraph (a)(1)(i) by inserting the words ``mooring basin''
immediately before the word ``waters'', and
0
b. Amend paragraph (a)(1)(ii) by inserting the words ``mooring basin''
immediately before the word ``waters''.
Dated: November 22, 2010.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2011-172 Filed 1-10-11; 8:45 am]
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