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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100743-100745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29449]

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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, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the temporary safety zones for 
waters of Port Arthur Canal adjacent to Golden Pass Liquefied Natural 
Gas (LNG) Facility in Sabine Pass, TX. These safety zones will continue 
to be temporarily activated during high pressure testing of the piping 
systems to protect persons and vessels on these navigable waters from 
potential blast and fragmentation hazards associated with high pressure 
piping testing. Entry of vessels or persons into these zones is 
prohibited unless specifically authorized by the Captain of the Port, 
Marine Safety Unit Port Arthur.

[[Page 100744]]

DATES: This rule is effective without actual notice from December 13, 
2024 through June 30, 2025. For the purposes of enforcement, actual 
notice will be used from December 10, 2024, through December 13, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0988 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 about this 
notification of enforcement, call or email Lieutenant Commander 
Kimberly Gates, Marine Safety Unit Port Arthur, U.S. Coast Guard; 571-
610-1924, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 9, 2023, the Coast Guard issued a temporary interim 
rule, titled Safety Zone, Port Arthur Canal, Sabine, Pass, TX (88 FR 
1145), detailing the safety zone locations with an effective date range 
of January 1, 2023, through December 31, 2024. There, we indicated we 
would publish a temporary final rule if we determined that changes to 
the temporary interim rule are necessary.
    On October 31, 2024, the Coast Guard was notified that previously 
planned high pressure testing of piping systems at Golden Pass LNG in 
Sabine Pass, TX was delayed, and that one additional test is needed. 
The test will occur between January 1, 2025, and June 30, 2025. As a 
result, the Coast Guard is extending the effective date of the safety 
zones through June 30, 2025.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this extension because doing so would 
be impracticable. These safety zones must remain in place through June 
30, 2025, to protect persons and vessels from the potential blast and 
fragmentation hazards associated with high pressure testing of piping 
systems at Golden Pass LNG. It is impracticable to publish an NPRM 
because we must extend these safety zones by December 31, 2024.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this temporary rule would be impracticable because prompt action is 
required to ensure the protection of persons and vessels from the 
potential hazards associated with high pressure testing of piping 
systems at Golden Pass LNG.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 46 U.S.C. 70034. The Captain of the Port, Marine Safety 
Unit Port Arthur (COTP) has determined that potential hazards from high 
pressure testing of LNG piping systems are 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 rule extends the effective date of safety zones, originally 
established on January 20, 2023, and effective through December 31, 
2024, through June 30, 2025.
    The safety zones 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 the shoreline on the east side of the basin at 
position 29[deg]45'50.7'' N 093[deg]55'17.0'' W.
    The extended duration of the zones is intended to protect 
personnel, vessels, and the maritime environment in these navigable 
waters during high pressure testing of LNG piping systems. No vessel or 
person will be permitted to enter the safety zones 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this 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 zones. Theses 
temporary safety zones affect approximately 750-yards of Port Arthur 
Canal in the vicinity of Golden Pass LNG. The test may permit vessel 
movements within the adjacent navigable channel or may restrict vessel 
traffic for a period of not more than 2 hours. Mariners will be advised 
of the time of testing and any associated vessel traffic restriction in 
advance via Broadcast Notice to Mariners and Vessel Traffic Service 
(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 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 zones 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),

[[Page 100745]]

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 
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 safety 
zones 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.

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. Amend Sec.  165.T08-0988 by revising paragraph (d) to read as 
follows:

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

* * * * *
    (d) Enforcement periods. The safety zones in paragraph (a) of this 
section is in effect from January 20, 2023, through June 30, 2025. 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: December 10, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2024-29449 Filed 12-12-24; 8:45 am]
BILLING CODE 9110-04-P
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