[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Rules and Regulations]
[Pages 463-464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22586]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Rules 
and Regulations  

[[Page 463]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD08-06-026]
RIN 1625-AA01


Anchorage Regulations; Sabine Pass Channel, Sabine Pass, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has amended anchorage regulations for the 
Sabine Pass Channel, Sabine Pass, TX anchorage in order to improve 
navigation safety for vessels entering and exiting Cheniere Energy's 
liquefied natural gas terminal. This rule reduces the overall size of 
the existing anchorage.

DATES: This rule is effective February 5, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD08-06-26] and are available for 
inspection or copying at U.S. Coast Guard D8, 500 Poydras Street, New 
Orleans, Louisiana 70130-3396 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Douglas Blakemore, Waterways 
Management Branch, Eighth Coast Guard District, 500 Poydras Street, New 
Orleans, LA 70130-3396. Telephone (504) 671-2109; facsimile (504) 671-
2137. Please cite CGD08-06-026.

Regulatory Information

    On October 3, 2006 we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations; Sabine Pass Channel, Sabine 
Pass, TX in the Federal Register (71 FR 58330). We received 2 letters 
commenting on the proposed rule. No public meeting was requested and 
none was held.

Background and Purpose

    Cheniere Energy is constructing a liquefied natural gas (LNG) 
terminal on the eastern waterfront of the Sabine Pass Channel. This 
facility is located immediately north and adjacent to the Sabine Pass 
Channel anchorage. Due to the angle that the terminal berth lays 
relative to the channel, vessels intending to berth at or depart the 
LNG terminal would have to follow a path that passes through the 
existing anchorage. Vessels anchored in the existing anchorage would be 
at an increased risk for being struck by an arriving or departing 
vessel.
    In order to reduce this risk, the Coast Guard is reducing the 
overall size of the Sabine Pass Channel Anchorage. This action reduces 
the possible conflict associated with vessels that may anchor too close 
to the entrance of the LNG terminal. This rule also provides a larger 
maneuvering area for vessels arriving to or departing from the LNG 
terminal, which consequently will reduce the possibility of a grounding 
or collision with another vessel in the area.

Discussion of Comments and Changes

    Both comments received support this rulemaking. Each commenter 
noted that reducing the size of the anchorage enhances the navigation 
safety of LNG carriers. One commenter also stated that the anchorage 
was infrequently used and would have minimal impact on the economy.
    The current description of the anchorage is found in 33 CFR 110.196 
and is listed as follows: ``The navigable waters of Sabine Pass within 
a trapezoidal area 1,500 feet wide and varying uniformly in length from 
5,800 feet to 3,000 feet with the long side adjacent to the 
northeasterly edge of Sabine Pass Channel at a location opposite the 
town of Sabine Pass.''
    This rule shortens the ``long side'', also referred to as the 
channel side, from 5,800 feet to approximately 5,000 feet. This is 
accomplished by shortening the northern portion of the ``long side'' by 
800 feet. No other changes to the anchorage are made.
    In order to eliminate confusion regarding the geographic boundary 
of the new anchorage, the existing description is replaced with 
geographic coordinates that define the boundary of the anchorage. The 
coordinates of the anchorage are as follows:

Latitude                             Longitude
 
29[deg]44[min]14[sec] N              93[deg]52[min]24[sec] W
29[deg]44[min]18[sec] N              93[deg]52[min]06[sec] W
29[deg]43[min]53[sec] N              93[deg]51[min]47[sec] W
29[deg]43[min]32[sec] N              93[deg]51[min]52[sec] W
 

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Current information indicates that this 
anchorage area is rarely used, and the overall reduction in anchorage 
area would not significantly impact those vessels desiring to use the 
anchorage.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
anchor in the Sabine Pass Channel, Sabine Pass, TX anchorage. This rule 
will not have a significant economic impact upon these entities since 
the affected portion of the anchorage area is believed to be rarely 
used.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

[[Page 464]]

we offered to assist small entities in understanding this rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking process. However, we received no requests for assistance 
from any small entities. 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 will 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 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 rule would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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 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 Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(f), of the Instruction, from further 
environmental documentation because we are changing the size of the 
anchorage grounds.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 
0170.


0
2. In Sec.  110.196, revise paragraph (a) to read as follows:


Sec.  110.196  Sabine Pass Channel, Sabine Pass, Texas.

    (a) The anchorage area. The water bounded by a line connecting the 
following coordinates:

Latitude                             Longitude
29[deg]44[min]14[sec] N              93[deg]52[min]24[sec] W
29[deg]44[min]18[sec] N              93[deg]52[min]06[sec] W
29[deg]43[min]53[sec] N              93[deg]51[min]47[sec] W
29[deg]43[min]32[sec] N              93[deg]51[min]52[sec] W
 

* * * * *

    Dated: December 14, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E6-22586 Filed 1-4-07; 8:45 am]
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