[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Rules and Regulations]
[Pages 9458-9459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04875]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2018-0388]
RIN 1625-AA01
Anchorage Ground; Sabine Pass, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the anchorage regulations for the
Sabine Pass Channel, Sabine Pass, TX anchorage ground for the
navigational safety of vessels entering and exiting a new liquefied
natural gas terminal mooring basin being constructed on the eastern
waterfront of the Sabine Pass Channel. This amendment will reduce the
overall size of the existing anchorage.
DATES: This rule is effective April 15, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0388 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
FR Federal Register
LNG Liquefied natural gas
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 15, 2018, we published a notice of inquiry requesting
public comments in response to Sabine Pass LNG's request to
disestablish the anchorage ground titled Anchorage Ground, Sabine Pass,
TX (83 FR 27932). The Coast Guard received three comments in response
to that notice of inquiry.
On December 21, 2018, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Ground; Sabine Pass, TX in the Federal
Register (83 FR 65609). No public meeting was requested and none was
held. Additionally, no comments concerning the proposed rule were
received.
III. Legal Authority and Need for Rule
The Coast Guard is amending 33 CFR 110.196 under the authority in
33 U.S.C. 471. This amendment reduces the overall dimensions of the
Sabine Pass Channel anchorage ground. This action will provide for the
safe navigation of vessels entering and exiting Cheniere Energy's new
vessel berth while retaining a portion of the anchorage for use by
those vessels that continue to use the anchorage grounds.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
December 21, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
As discussed in the NPRM, this amendment reduces the overall
dimensions of Sabine Pass anchorage ground. Coordinates identifying the
anchorage ground's new boundaries appear in the regulatory text at the
end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on current
information, which indicates that the anchorage ground is rarely used,
and that the overall reduction in anchorage area will not significantly
impact those vessels desiring to use the anchorage.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operations of vessels intending to use the
anchorage may be small entities, for the reasons state in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for
[[Page 9459]]
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that 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 involves
the reduction in size of an anchorage ground. It is categorically
excluded from further review under paragraph L59(b) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 110.196, revise paragraph (a) to read as follows:
Sec. 110.196 Sabine Pass Channel, Sabine Pass, TX.
(a) The anchorage area. The water bounded by a line connecting the
following coordinates:
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Latitude Longitude
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29[deg]43'59.0'' N........................ 93[deg]52'08.1'' W
29[deg]44'06.8'' N........................ 93[deg]51'57.6'' W
29[deg]43'53.0'' N........................ 93[deg]51'47.1'' W
29[deg]43'36.7'' N........................ 93[deg]51'50.9'' W
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Dated: February 15, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2019-04875 Filed 3-14-19; 8:45 am]
BILLING CODE 9110-04-P