[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Proposed Rules]
[Pages 38474-38476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15514]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 166

[CGD08-00-012]
RIN 2115-AA98


Anchorage Regulation; Sabine Pass, TX, Gulf of Mexico

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a new anchorage area on the 
eastern side of the Sabine Pass Safety Fairway, opposite the Sabine 
Bank Offshore (North) Anchorage area in the Gulf of Mexico south of 
Sabine Pass. This will help alleviate the need for in-bound deep draft 
vessels to cross the Sabine Pass Safety Fairway and navigate around a 
charted shallow area just to the southeast of the North anchorage. This 
proposal will allow deep draft vessels to enter and depart Sabine Bank 
anchorages on a safer, lower risk course.

DATES: Comments and related material must reach the Coast Guard on or 
before August 21, 2000.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Marine Safety

[[Page 38475]]

Office, Federal Building, 2875 Jimmy Johnson Blvd., Port Arthur, Texas 
77640-2099, or you may deliver comments at the same address between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (409) 723-6501. The Captain of the Port maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at the same address, dates and 
times.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Matthew Marlow, 
Waterways Management, Coast Guard Marine Safety Office Port Arthur, 
telephone (409) 723-6509, extension 239.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-00-
012), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, 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.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer U.S. Coast Guard 
Marine Safety Office at the address 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

    In 1997, the in-bound tank vessel CROSBY ran aground just outside 
the Sabine Bank Offshore (North) Anchorage area located in the Gulf of 
Mexico, approximately 13 miles south of Sabine Pass, TX. This vessel 
was carrying over 650,000 barrels of crude oil. Although no oil was 
spilled, the result could have been disastrous. The subsequent 
investigation revealed that the vessel's master crossed the safety 
fairway and was attempting to navigate into the North anchorage. 
However, a strong westerly current began pushing the CROSBY toward the 
shallow area southeast of the anchorage area. The master was unable to 
maneuver away from the shallows and the vessel grounded. Four tugboats 
took 15 hours to refloat the CROSBY.
    The proposed new anchorage east of the Sabine Bank Offshore (North) 
Anchorage is necessary to reduce the risk of a grounding. The proposed 
location for a new anchorage is free of shallow areas immediately 
surrounding it. In-bound petroleum laden deep draft vessels invariably 
have need to anchor and wait for daylight transit. If an anchorage is 
created on the eastern side of the Sabine Pass Safety Fairway, deep 
draft vessels will not need to cross the safety fairway to anchor, and 
will avoid passing close to the shallow area southeast of the North 
anchorage. This significantly reduces navigational risks to deep draft 
shipping.

Discussion of Proposed Rule

    The regulation creates a new anchorage in an area bounded by rhumb 
lines joining points at:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
29 deg.26'06" N...........................  93 deg.38'52" W.
29 deg.26'06" N...........................  93 deg.37'00" W.
29 deg.24'06" N...........................  93 deg.37'00" W.
29 deg.24'06" N...........................  93 deg.38'52" W.
------------------------------------------------------------------------

    With this proposal, the new Sabine Bank Offshore (East) Anchorage 
will include deeper waters surrounding the anchorage boundaries, while 
maintaining an effective area of safety for deep draft vessels. This 
proposed regulation is designed to reduce risk of deep draft vessel 
groundings and promote safety of maritime commerce in the Port Arthur 
Captain of the Port Zone.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, 
February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    There are no fees, permits, or specialized requirements for the 
maritime industry to utilize this anchorage area. The regulation is 
solely for the purpose of advancing safety of maritime commerce.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 should have minimal economic impact on vessels 
operated by small entities. There are no restrictions for entry or use 
of the proposed anchorage targeting small entities. Fairway anchorage 
regulations found in 33 CFR 166.200 apply equally to large and small 
entities. The proposed regulation creates only a new anchorage area, it 
does not govern its usage. The proposed location is no farther offshore 
or closer to shore than the existing North anchorage.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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

    This proposed rule is not foreseen to affect 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 the entity listed in ADDRESSES.

Collection of Information

    This proposed rule would call for no new collection of information 
under the

[[Page 38476]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34, of COMDTINST M16475.lC, 
this proposed rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination will be prepared 
in accordance with paragraph 2.B.2, Figure 2-1, CE#34(f) of COMDTINST 
M16475.1C. This rule proposes creating a new anchorage area to the east 
of the Sabine Bank Offshore (North) Anchorage area. This new anchorage 
would enhance the safety in the waters offshore of Port Arthur, Texas 
by allowing additional space and a safer approach for deep draft 
vessels to anchor.

List of Subjects in 33 CFR Part 166

    Anchorage grounds, Marine Safety, Navigation (water), Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 166 as follows:

PART 166--SHIPPING SAFETY

    1. The authority citation for part 166 continues to read as 
follows:

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.

    2. In Sec. 166.200, paragraph (d)(13)(iv) is added to read as 
follows:


Sec. 166.200  Shipping safety fairways and anchorage areas, Gulf of 
Mexico.

* * * * *
    (d) * * *
    (13) * * *
    (iv) Sabine Bank Offshore (East) Anchorage Area. The area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
29 deg.26'06" N.                  93 deg.38'52" W.
29 deg.26'06" N.                  93 deg.37'00" W.
29 deg.24'06" N.                  93 deg.37'00" W.
29 deg.24'06" N.                  93 deg.38'52" W.
------------------------------------------------------------------------


    Dated: May 31, 2000.
Paul J. Pluta,
Commander, Eighth Coast Guard District.
[FR Doc. 00-15514 Filed 6-20-00; 8:45 am]
BILLING CODE 4910-15-P