[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Rules and Regulations]
[Pages 65232-65236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26670]


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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: Interim rule with request comments.

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SUMMARY: The Coast Guard is issuing an interim rule based on comments 
received from the subject Notice of Proposed Rulemaking published in 
the Federal Register on May 27, 2010. This interim rule establishes 
moving security zones for certain vessels for which the Captain of the 
Port, Port Arthur deems enhanced security measures necessary. In 
addition, it establishes 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 interim rule is effective in the CFR on October 22, 2010. 
This rule is effective with actual notice for the purposes of 
enforcement on August 23, 2010. Comments and related material must be 
received by the Coast Guard on or before November 22, 2010. Requests 
for public meetings must be received by

[[Page 65233]]

the Coast Guard on or before November 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0316 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
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 or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0316), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via  http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. Insert ``USCG-2009-0316'' in the ``Keyword'' box. 
Click ``Search'' then in the interim rule row click on the balloon 
shape in the ``Actions'' column. If you submit comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0316'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

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. No meetings were 
requested and none were held.
    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. This finding is based on the fact 
that the Coast Guard received only one comment concerning the published 
NPRM and that the changes incorporated are not substantive. That is, 
the changes will not result in any interference to normal vessel 
traffic in the area. By making the interim rule effective less than 30 
days after publication the necessary security zones can be implemented 
without further delay. And, additional comments and the security zones 
established by this interim rule will be evaluated throughout the 
interim rule comment period.

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. Mariners will be notified of the activation of 
a moving security zone by Broadcast Notice to Mariners. Active moving 
security zones may 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

[[Page 65234]]

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 proposed security zones would be 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 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.

Discussion of Comments and Changes

    The Coast Guard received one comment 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. The Coast Guard concurs 
with this recommendation and modified the regulatory language in Sec.  
165.819 (a)(1) accordingly. Additionally, the commenter noted that the 
location of the Sabine Pass facility should be changed from Cheniere, 
LA to Cameron Parish, LA. This change was also incorporated into the 
final regulatory language.

Regulatory Analyses

    We developed this interim 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 proposed 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 would be of limited size and duration and the affected 
area would not hinder or delay regular vessel traffic. The moving 
security zone wound be limited and would 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 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.

[[Page 65235]]

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 addresses regulations establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule. An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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:  33 U.S.C. 1226, 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, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new Sec.  165.819 to read as follows:


Sec.  165.819  Security Zone; Sabine Bank Channel, Sabine Pass Channel 
and Sabine-Neches Waterway, TX.

    (a) Location. (1) The following LNG facility mooring basins are 
designated as fixed security zones whenever LNG carriers are moored 
within them:
    (i) Golden Pass LNG, Sabine TX: All waters south of a line 
connecting the following points--beginning at 29[deg]45'58'' N, 
093[deg]55'40'' W; then east to a point at 29[deg]45'52.8'' N, 
093[deg]55'20.8'' W; then bearing 120[deg] T to the shoreline at 
29[deg]45'50'' N, 093[deg]55'17'' W.
    (ii) Sabine Pass LNG, Cameron Parish, LA: All waters north 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 southeast to a 
point at 29[deg]44'31.4'' N, 093[deg]52'26.4'' W; then bearing 121[deg] 
T to a point at 29[deg]44'25.2'' N, 093[deg]52'14.6'' W; then bearing 
116[deg] T to the shoreline at 29[deg]44'23.75 N, 093[deg]52'00'' W.
    (2) The following areas are designated as moving security zones: 
All waters of the Captain of the Port, Port Arthur Zone commencing at 
U.S. territorial waters and extending from the surface to the bottom, 
channel edge to channel edge on the Sabine Bank and Sabine Pass 
Channels and shoreline to shoreline on the Sabine-Neches Waterway, 2 
miles ahead and 1 mile astern of certain designated vessels while in 
transit within in the Captain of the Port, Port Arthur zone. Mariners 
would be notified of designated vessels by Broadcast Notice to Mariners 
and the presence of escort vessels displaying flashing blue law 
enforcement lights.
    (b) Regulations. (1) Entry into or remaining in a fixed security 
zone described in paragraph (a)(1) of this section is prohibited for 
all vessels except:
    (i) Commercial vessels operating at waterfront facilities within 
these zones;
    (ii) Commercial vessels transiting directly to or from waterfront 
facilities within these zones;
    (iii) Vessels providing direct operational or logistical support to 
commercial vessels within these zones;
    (iv) Vessels operated by the appropriate port authority or by 
facilities located within these zones; and
    (v) Vessels operated by Federal, State, county, or municipal law 
enforcement agencies.
    (2) Entry into or remaining in a moving security zone described in 
paragraph (a)(2) of this section is prohibited for all vessels except:
    (i) Moored vessels or vessels anchored in a designated anchorage 
area. A moored or an anchored vessel in a security zone described in 
paragraph (a)(2) of this section must remain moored or anchored unless 
it obtains permission from the Captain of the Port to do otherwise;
    (ii) Commercial vessels operating at waterfront facilities located 
within the zone;
    (iii) Vessels providing direct operational support to commercial 
vessels within a moving security zone;
    (iv) Vessels operated by Federal, State, county, or municipal law 
enforcement agencies.
    (3) Meeting, crossing or overtaking situations are not permitted 
within the security zone described in paragraph (a)(2) of this section 
unless specifically authorized by the Captain of the Port.
    (4) Other persons or vessels requiring entry into security zones 
described in this section must request permission from the Captain of 
the Port, Port Arthur or designated representative.
    (5) To request permission to enter a security zone described in 
this section, contact Vessel Traffic Service Port Arthur on VHF Channel 
01A or 65A; by telephone at (409) 719-5070; by fax at (409) 719-5090; 
or contact the Captain of the Port's designated on-scene patrol vessel 
on VHF channel 13 or 16.
    (6) All persons and vessels within a security zone described in 
this section must comply with the instructions of the Captain of the 
Port, Port Arthur, designated on-scene U.S. Coast Guard patrol 
personnel or other designated representatives. Designated on-scene U.S. 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard. Designated representatives include 
Federal, State, local and municipal law enforcement agencies.


[[Page 65236]]


    Dated: August 23, 2010.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2010-26670 Filed 10-21-10; 8:45 am]
BILLING CODE 9110-04-P