[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