[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43089-43091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0120]
RIN 1625-AA87


Security Zones; Sabine Pass Channel, Cameron, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone 
within a new mooring basin at the Sabine Pass LNG facility in Cameron, 
LA. This rule prohibits persons and vessels from entering the security 
zone unless authorized by the Captain of the Port, Port Arthur or a 
designated representative. Additionally, the Coast Guard is improving 
the language describing the area and correcting a geographical error.

DATES: This rule is effective September 7, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0120 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. 
Coast Guard; telephone 409-719-5080, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 43090]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Port Arthur
DHS Department of Homeland Security
FR Federal Register
LNG Liquified Natural Gas
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 26, 2010 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) prosposing to, among other things, establish a 
security zone for the Sabine Pass LNG mooring basin located in Cameron 
Parish, LA while LNG carriers are moored at the facility (75 FR 29695). 
On October 22, 2010 the Coast Guard issued an interim rule for the 
proposed security zone (75 FR 65235). On January 11, 2011 the Coast 
Guard published a final rule for the security zone (76 FR 1521).
    Sabine Pass LNG is constructing a second mooring basin adjacent to 
the first and the COTP has determined that enhanced security measures 
are necessary and requires extending the existing security zone to 
include the new mooring basin. Therefore, the Coast Guard published a 
NPRM titled Security Zones; Sabine Pass Channel, Cameron, LA on June 
14, 2021 (86 FR 31459). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
marine event. During the comment period that ended July 14, 2021, we 
received one comment pointing out a spelling error and advising of the 
need to include the horizontal datum reference in the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) has 
determined that enhanced security measures are necessary and is 
extending the existing security zone to include the new mooring basin.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published June 
14, 2021 that requested we explicitly state the horizontal datum 
alongside the coordinates provided for each zone and correct a spelling 
error for ``shoreward''. The Coast Guard corrected the spelling error 
and added the horizontal datum used for geographic reference. The Coast 
Guard also changed the language used to describe the georgraphic 
coordinates of the existing security zone for clarity and corrected an 
error in one of the positions. There are no other substantial changes 
to the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a permanent security zone in a new mooring 
basin at Sabine Pass LNG located in Cameron, LA. The security zone 
regulations are the same as those in effect for the existing mooring 
basin, that is, it would exclude certain vessels from entering the 
basin whenever an LNG carrier is moored at the facility. No vessel or 
person is permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

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, and we 
discuss First Amendment rights of protestors.

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. 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).
    This regulatory action determination is based on the limited size 
of the security zone and that the affected area does not hinder or 
delay regular vessel traffic. Certain vessels with business in the 
mooring basin will be permitted to enter the security zone.

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 operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated 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 compliance, please 
call or email 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

[[Page 43091]]

responsibilities between the Federal Government and Indian tribes.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
regulations establishing a security zone that would prohibit entry 
whenever an LNG carrier is moored at the facility. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  165.819 by revising paragraph (a)(1)(ii) to read as 
follows:


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

    (a) * * *
    (1) * * *
    (ii) Sabine Pass LNG, Cameron Parish, LA: (A) All mooring basin 
waters shoreward 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 to a point at 29[deg]44'31.4'' N, 093[deg]52'26.4'' W; then to a 
point at 29[deg]44'25.2'' N, 093[deg]52'14.6'' W; then to the shoreline 
at 29[deg]44'24.4'' N, 093[deg]52'11.4'' W (WGS84).
    (B) All mooring basin waters shoreward of a line connecting the 
following points--beginning at the shoreline in position 
29[deg]44'23.4'' N, 093[deg]52'10.3'' W; then to a point at 
29[deg]44'22.3'' N, 093[deg]52'9.8'' W; then to a point at 
29[deg]44'18'' N, 093[deg]52'3.6'' W; then to the shoreline at 
29[deg]44'17.4'' N, 093[deg]52'2.3'' W (WGS84).

    Dated: July 30, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port 
Arthur.
[FR Doc. 2021-16615 Filed 8-5-21; 8:45 am]
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