Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules 31459 

Bay Swim, 1.4 Waves of Hope Swim, 1.5 

Stonewall Swim and 1.6 Swim Across 

America Greenwich. 

Dated: April 29, 2021. 

E.J. Van Camp, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. 2021–12401 Filed 6–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

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: Proposed rule. 

SUMMARY: The Coast Guard is proposing 

to establish a permanent security zone 

within a new mooring basin at the 

Sabine Pass LNG facility in Cameron, 

LA. This proposed rule would prohibit 

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 proposes to improve 

the language describing the area and to 

correct a geographical error. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 14, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0120 using the Federal 

eRulemaking 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 proposed 

rulemaking, call or email Mr. Scott 

Whalen, Marine Safety Unit Port Arthur, 

U.S. Coast Guard; telephone 409–719– 

5080, email scott.k.whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

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. On October 22, 2010 the Coast 

Guard issued an interim rule for the 

proposed security zone and on January 

11, 2011 the Coast Guard published a 

final rule for the security zone. 

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. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

permanent security zone in a new 

mooring basin at Sabine Pass LNG 

located in Cameron, LA. The security 

zone regulations would be 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 would 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

Additionally, the Coast Guard proposes 

to improve the language describing the 

area and to correct a geographical error 

in the CFR. The regulatory text we are 

proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the limited size and that the 

affected area does not hinder or delay 

regular vessel traffic. Certain vessels 

with business in the mooring basin will 

be authorized to enter. 

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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the secutiy 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this proposed rule would economically 

affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 


lotter on DSK11XQN23PROD with PROPOSALS1
31460 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules 

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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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 proposed rule has 

implications for federalism or Indian 

tribes, please call or email 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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves regulations establishing a 

security zone that would prohibit entry 

whenever an LNG carrier is moored at 

the facility. Normally such actions are 

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 

preliminary 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. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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. 

V. 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

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). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. If 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Revise § 165.819(a)(1)(ii) to read as 

follows: 

§ 165.819 Security Zone; Sabine Bank 

Channel, Sabine Pass Channel and SabineNeches Waterway, TX. 

(a) * * * 

(1) * * * 

(ii) Sabine Pass LNG, Cameron Parish, 

LA: (A) All mooring basin waters 

horeward of a line connecting the 

following points—beginning at the 

shoreline in position 29°44′34.7′′ N, 

093°52′29′′ W; then to a point at 

29°44′31.4′′ N, 093°52′26.4′′ W; then to 

a point at 29°44′25.2′′ N, 093°52′14.6′′ 

W; then to the shoreline at 29°44′24.4′′ 

N, 093°52′11.4′′ W. 

(B) All mooring basin waters 

shoreward of a line connecting the 

following points—beginning at the 

shoreline in position 29°44′23.4′′ N, 

093°52′10.3′′ W; then to a point at 

29°44′22.3′′ N, 093°52′9.8′′ W; then to a 

point at 29°44′18′′ N, 093°52′3.6′′ W; 

then to the shoreline at 29°44′17.4′′ N, 

093°52′2.3′′ W. 

* * * * * 

Dated: May 25, 2021. 

Molly A. Wike, 

Captain, U.S. Coast Guard, Captain of the 

Port, Marine Safety Unit Port Arthur. 

[FR Doc. 2021–11650 Filed 6–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2017–0548; FRL–10023–49– 

OAR] 

Intended Air Quality Designations for 

the 2015 Ozone National Ambient Air 

Quality Standards; Response to the 

July 10, 2020, Court Decision 

Addressing El Paso, Texas and Weld 

County, Colorado: Notification of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 


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