[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14382-14383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04743]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2023-0111]


Waterway Suitability Assessment for Operation of Liquified 
Hazardous Gas Terminal; Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with Coast Guard regulations, Enterprise 
Products has submitted a Letter of Intent and Preliminary Waterway 
Suitability Assessment to the Coast Guard Captain of the Port, Port 
Arthur, TX (COTP) regarding the company's plans to handle and transport 
Liquefied Hazardous Gas (LHG) at the Enterprise Products East docks 
located in Orange, TX. The Coast Guard is notifying the public of this 
proposed increase in LHG marine traffic on the Sabine-Neches Waterway 
and is soliciting comments relevant to the Coast Guard's preparation of 
a Letter of Recommendation (LOR) for issue to the Federal, State or 
local agency with jurisdiction over the proposed facility.

DATES: Comments and related material must be received on or before 
April 7, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0111 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 for further 
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
LHG Liquified Hazardous Gas
U.S.C. United States Code

II. Background and Purpose

    Under 33 CFR 127.007(a), an owner or operator planning to build a 
new facility handling Liquefied Hazardous Gas (LHG), or an owner or 
operator planning new construction to expand or modify marine terminal 
operations in an existing facility handling LHG, where the 
construction, expansion, or modification would result in an increase in 
the size and/or frequency of LHG marine traffic on the waterway 
associated with the proposed facility or modification to an existing 
facility, must submit a Letter of Intent (LOI) to the COTP of the zone 
in which the facility is or will be located. Under 33 CFR 127.007(e), 
an owner or operator planning such new construction or expansion of an 
existing facility must also file or update a Waterway Suitability 
Assessment (WSA) that addresses the proposed increase in LHG marine 
traffic in the associated waterway.
    Under 33 CFR 127.009, after receiving an LOI, the COTP issues a LOR 
as to the suitability of the waterway for LNG or LHG marine traffic to 
the appropriate jurisdictional authorities. The LOR is based on a 
series of factors listed in 33 CFR 127.009 that relate to the physical 
nature of the affected waterway and issues of safety and security 
associated with LHG marine traffic on the affected waterway.

[[Page 14383]]

III. Discussion

    Enterprise Products LLC, located in Orange, TX, submitted an LOI 
and WSA on August 15, 2022 regarding the company's proposed plans to 
handle and transport LHG at the Port of Port Arthur, TX facility.
    The purpose of this notice is to solicit public comments on the 
proposed increase in LHG marine traffic on the Sabine-Neches Waterway. 
The Coast Guard believes that input from the public may be useful to 
the COTP with respect to validating the information provided in 
Enterprise Products' WSA and development of the LOR.
    The goal of this input will be to gather information to help the 
COTP assess the suitability of the associated waterway for increased 
LHG marine traffic as it relates to navigational safety and maritime 
security. In addition to the other documents referenced in this notice, 
a brief summation of Enterprise Products' proposal is available for 
viewing in the public docket for this notice. Additionally, the Coast 
Guard will request comments and recommendations from the Area Maritime 
Security Committee, Port Arthur, TX. In late 2022, the Southeast Texas 
Waterways Advisory Council (SETWAC) Navigation Subcommittee met to 
assess the safety and security of Enterprise Products plan. On November 
21, 2022, SETWAC submitted a letter of no objection to the COTP.
    On January 24, 2011, the Coast Guard published Navigation and 
Vessel Inspection Circular (NVIC) 01-2011, ``Guidance Related to 
Waterfront Liquefied Natural Gas (LNG) Facilities''. NVIC 01-2011 
provides guidance for owners and operators seeking approval to build 
and operate LNG facilities. While NVIC 01-2011 is specific to LNG, it 
provides useful process information and guidance for owners and 
operators seeking approval to build and operate LHG facilities as well. 
The Coast Guard will refer to NVIC 01-2011 for process information and 
guidance in evaluating Enterprise Products' WSA. A copy of NVIC 01-2011 
is available for viewing on the Coast Guard's website at https://www.dco.uscg.mil/Our-Organization/NVIC/Year/2010.

IV. Public Participation and Request for Comments

    We encourage you to submit comments in response to this request for 
comments through the Federal Decision Making portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type 
USCG-2023-0111 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. In your submission, please include the 
docket number for this notice of inquiry and provide a reason for each 
suggestion or recommendation. If your material cannot be submitted 
using https://www.regulations.gov, contact the person in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    To view documents mentioned in this request for comments 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 may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    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 in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    This document is issued under authority of 5 U.S.C. 552(a).

    Dated: March 3, 2023.
Molly. A. Wike,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Zone Port 
Arthur.
[FR Doc. 2023-04743 Filed 3-7-23; 8:45 am]
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