[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 27932-27933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12910]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2018-0388]


Anchorage Ground; Sabine Pass, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of inquiry; request for comments.

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

SUMMARY: We are requesting your comments on a request we received from 
Sabine Pass LNG, L.P. for the disestablishment of the Sabine Pass 
Channel Anchorage Ground in Sabine, TX. The request indicates that deep 
draft ships do not use the anchorage and that disestablishment of the 
anchorage would not pose a concern for ship traffic. We seek your 
comments on whether we should consider a proposed rulemaking 
disestablishing the Sabine Pass Anchorage Ground based on this request 
or if other actions, such as reducing the size of the anchorage, should 
be considered.

DATES: Your comments and related material must reach the Coast Guard on 
or before July 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0388 using the Federal portal at http://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

[[Page 27933]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of inquiry, call or email Mr. Scott K. Whalen, Marine Safety 
Unit Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
U.S.C. United States Code

II. Background and Purpose

    In 1967, the Secretary of the Army transferred responsibility for 
certain functions, power, and duties to the Secretary of 
Transportation. Among the responsibilities transferred to the Secretary 
of Transportation was establishment and administration of water vessel 
anchorages. On December 12, 1967, the regulations for the Sabine Pass 
Anchorage Ground were republished in 33 CFR part 110, without change, 
under this new authority (32 FR 17726). The regulations for the Sabine 
Pass Channel Anchorage Ground in Sabine, TX are contained in 33 CFR 
110.196.
    The legal basis and authorities for this notice of inquiry are 
found in 33 U.S.C. 471, 1221 through 1236; 33 CFR 1.05-1, and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory anchorages. As reflected in title 33 CFR 109.05, the 
Commandant of the U.S. Coast Guard has delegated the authority to 
establish anchorage grounds to U.S. Coast Guard District Commanders. 
The Coast Guard is now requesting comments on considering a proposed 
rulemaking based on Sabine Pass LNG L.P.'s request for disestablishing 
the Sabine Pass Anchorage Ground, or if other actions, such as reducing 
the size of the anchorage, should also be considered.
    As discussed earlier, administration of the Sabine Pass Anchorage 
Ground was originally transferred to the Coast Guard in 1967. Under 33 
CFR 110.196, the anchorage ground is ``for the temporary use of vessels 
of all types, but especially for naval and merchant vessels awaiting 
weather and tidal conditions favorable to the resumption of their 
voyages.'' In 2006, Cheniere Energy began construction of a liquefied 
natural gas terminal on the eastern waterfront of the Sabine Pass 
Channel, immediately north and adjacent to the Sabine Pass Channel 
Anchorage Ground. On October 3, 2006, the Coast Guard published a 
notice of proposed rulemaking proposing to reduce the area of the 
Sabine Pass Anchorage Ground by 800 feet on the north end of the 
anchorage in order to reduce the risk of collision between anchored 
vessels and berthing and unberthing vessels at Cheniere's terminal, as 
well as to reduce the risk of grounding by providing a larger 
maneuvering area for vessels calling Cheniere's terminal (71 FR 58330). 
Both comments we received during that rulemaking process supported the 
proposed reduction on the basis of enhancing navigation safety. One 
commenter noted that ``the anchorage was infrequently used and would 
have minimal impact on the economy.'' On January 5, 2007, the Coast 
Guard published the final rule reducing the overall size of the 
anchorage consistent with the proposal (72 FR 463).
    On November 8, 2017, we received a request from Sabine Pass LNG 
L.P. to disestablish the Sabine Pass Anchorage Ground in its entirety. 
The request states that the anchorage is rarely used and its 
disestablishment would not significantly impact vessels that use the 
area. A copy of this request is available in the docket where indicated 
under ADDRESSES.
    A review of Vessel Traffic Service transit reports shows that deep 
draft ships have not made use of this anchorage during the last decade. 
It is estimated that the anchorage area is utilized an average of 27 
times each year by shallow draft vessels (for example, tows, dredges, 
and work boats) for shortening tow or for use as a staging area for 
local work projects such as dredging.

III. Information Requested

    We seek your comments on whether we should consider a proposed 
rulemaking to disestablish or otherwise modify the Sabine Pass 
Anchorage Ground. In particular, the Coast Guard requests your input to 
determine if there remains a need for a regulated anchorage in this 
area, and if so, to what extent and for what purpose; if a reduction in 
size of the anchorage would meet current and anticipated industry 
needs; or if other options should be considered. Recent U.S. Army Corps 
of Engineers survey data of the anchorage is available in the docket 
where indicated under ADDRESSES.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
http://www.regulations.gov. If your material cannot be submitted using 
http://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notice of inquiry and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this notice of inquiry as being available in 
the docket, and all public comments, will be in our online docket at 
http://www.regulations.gov and can be viewed by following that 
website's instructions.

    Dated: June 12, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-12910 Filed 6-14-18; 8:45 am]
 BILLING CODE 9110-04-P