[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Rules and Regulations]
[Pages 1145-1148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00102]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0988]
RIN 1625-AA00


Safety Zone, Port Arthur Canal, Sabine, Pass, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
waters of Port Arthur Canal adjacent to Golden Pass Liquiefied Natural 
Gas (LNG) Facility in Sabine Pass, TX. This safety zone would be 
temporarily activated when high pressure testing of piping systems is 
occurring. This safety zone is necessary to protect persons and vessels 
from potential blast and fragmentation hazards associated with high 
pressure piping testing.

DATES: This temporary interim rule is effective from January 20, 2023, 
until December 31, 2024. Comments and related material must be received 
by the Coast Guard on or before April 10, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0988 using the Federal Decision Making Portal at https://www.regulations.gov. 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 rule, 
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX, 
U.S. Coast Guard; telephone 409-719-5086, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    On December 8, 2022, the Coast Guard was provided information 
regarding high pressure testing of piping systems at Golden Pass LNG in 
Sabine Pass, TX, that will occur between January 2023 and December 
2024. A minimum of 15 test events will occur over the course of 2 
years. Engineers have calculated the size of the exclusion zones 
necessary to ensure the safety of personnel. These exclusion zones 
reach navigable waters of the U.S. The Coast Guard has determined that 
these exclusion zones are areas where a safety zone is appropriate to 
prevent persons and vessels from entering during potentially hazardous 
high pressure testing. The Coast Guard is issuing this temporary 
interim rule without prior notice and opportunity to comment pursuant 
to authority under section 4(a) of the Administrative Procedures Act 
(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a 
rule without prior notice and opportunity to comment when the agency, 
for good

[[Page 1146]]

cause, finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this temporary interim rule because 
doing so would be impracticable. These safety zones must be in place by 
January 20, 2023, in order to protect persons and vessels from the 
potentional blast and fragmentation hazards associated with high 
pressure testing of piping systems at Golden Pass LNG. We lack 
sufficient time to provide a reasonable comment period and then to 
consider those comments before issuing the rule.
    The Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this temporary interim rule would be contrary to the public 
interest because we must ensure the protection of persons and vessels 
from the potential hazards associated with high pressure testing of 
piping systems at Golden Pass LNG.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain 
of the Port (COTP) has determined that potential hazards from high 
pressure testing of LNG piping systems is a safety concern for persons 
and vessels in the area of the testing. This rule is needed to protect 
persons and vessels from the hazards present during high pressure test 
of these piping systems.

IV. Discussion of the Rule

    This temporary interim rule establishes three temporary safety 
zones from January 20, 2023, through December 31, 2024. Due to the 
varying degrees of hazard introduced by different test locations and 
pressures, the safety zones will have three separate exclusion areas: 
(1) Port Arthur Canal in the vicinity of Golden Pass LNG, shoreline to 
shoreline, between a western boundary of 093[deg]55'44'' N and an 
eastern boundary of 093[deg]54'36'' W; (2) Port Arthur Canal in the 
vicinity of Golden Pass LNG between a western boundary of 
093[deg]55'44'' N and an eastern boundary of 093[deg]54'36'' W and 
extending from the south/west shoreline to the near channel limits as 
charted; and (3) Golden Pass LNG ship mooring basin within the 
following boundaries: starting on the shoreline west of the mooring 
basin at position 29[deg]45'57.9'' N 093[deg]55'39.6'' W, thence 
northeast to 29[deg]45'59.25'' N 093[deg]55'37.5'' W, thence to 
position W, thence o the shoreline on the east side of the basin at 
position 29[deg]45'50.7'' N 093[deg]55'17.0'' W. Based on the test 
being performed, the least restrictive exclusion zone will be enforced.
    The duration of safety zone enforcement will be limited to the 
duration of the test, generally 2 hours or less. During enforcement, no 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.
    The Coast Guard will inform the public of the activation and 
subsequent deactivation of the temporary safety zone through Broadcast 
Notice to Mariners and Vessel Traffic Service (VTS) Advisory.

V. Regulatory Analyses

    We developed this temporary interim 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 temporary interim rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this temporary interim rule has not been reviewed by the 
Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration and entities impacted by the safety zone. This 
temporary interim safety zone affects approximately 750-yards of Port 
Arthur Canal in the vicinity of Golden Pass LNG. Most tests will permit 
vessel movements within the adjacent navigable channel. One or two 
tests may restrict vessel traffic for a period of not more than 2 
hours. Mariners will be advised of the time of testing in advance via 
Broadcast Notice to Mariners and VTS Advisories.

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 enter or 
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

[[Page 1147]]

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.

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 a 
safety zone of short duration intended to protect persons and vessels 
from potential hazards associated with high pressure testing of piping 
system at the Golden Pass LNG facility in Sabine Pass, TX. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0988 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
rule as being available in the docket, find the docket as described in 
the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov Frequently Asked Questions web page. 
We review all comments received, but we will only post comments that 
address the topic of the rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0988 to read as follows:


Sec.  165.T08-0988   Safety Zone; Port Arthur Canal, Sabine, Pass, TX.

    (a) Location. (1) The following areas are safety zones:
    (i) Port Arthur Canal in the vicinity of Golden Pass Liquiefied 
Natural Gas (LNG), shoreline to shoreline, between a western boundary 
of 093[deg]55'44'' N and an eastern boundary of 093[deg]54'36'' W;
    (ii) Port Arthur Canal in the vicinity of Golden Pass LNG between a 
western boundary of 093[deg]55'44'' N and an eastern boundary of 
093[deg]54'36'' W and extending from the south/west shoreline to the 
near channel limits as charted; and
    (iii) Golden Pass LNG ship mooring basin within the following 
boundaries: starting on the shoreline west of the mooring basin at 
position 29[deg]45'57.9'' N 093[deg]55'39.6'' W, thence northeast to 
29[deg]45'59.25'' N 093[deg]55'37.5'' W, thence to position W, thence 
to the shoreline on the east side of the basin at position 
29[deg]45'50.7'' N 093[deg]55'17.0'' W. All coordinates based on North 
American Datum of 1983 (NAD83).
    (2) Based on the test being performed, the least restrictive 
exclusion zone will be enforced.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol officer, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port, Port Arthur, TX 
(COTP), in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact Vessel Traffic Service 
(VTS) Port

[[Page 1148]]

Arthur on VHF channel 01A, or the COTP's on scene representative on VHF 
channel 13 or 16. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement periods. The safety zone in paragraph (a) of this 
section is in effect from January 20, 2023, through December 31, 2024. 
This section will be subject to enforcement when high pressure tests 
are being conducted. Mariners will be informed of enforcement zone and 
enforcement periods by Broadcast Notice to Mariners, VTS Advisory, and 
the presence of enforcement vessels displaying flashing blue law 
enforcement lights.

    Dated: January 3, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Port 
Arthur.
[FR Doc. 2023-00102 Filed 1-6-23; 8:45 am]
BILLING CODE 9110-04-P