Safety Zone, Port Arthur Canal, Sabine, Pass, TX, 100743-100745 [2024-29449]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
List of Subjects in 24 CFR Part 200
Administrative practice and
procedure, Claims, Equal employment
opportunity, Fair housing, Housing
standards, Lead poisoning, Loan
programs—housing and community
development, Mortgage insurance,
Organization and functions
(Government agencies), Penalties,
Reporting and recordkeeping
requirements, Social security,
Unemployment compensation, Wages.
Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2024–29390 Filed 12–12–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
For the reasons stated in the
preamble, HUD amends 24 CFR part 200
as follows:
Coast Guard
PART 200—INTRODUCTION TO FHA
PROGRAMS
[Docket No. USCG–2024–1054]
33 CFR Part 100
Special Local Regulations; Recurring
Marine Events, Sector St. Petersburg
1. The authority citation for part 200
continues to read as follows:
■
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
Authority: 12 U.S.C. 1702–1715z–21; 42
U.S.C. 3535(d).
ACTION:
2. In § 200.54:
■ a. Amend paragraph (a) by removing
the reference to ‘‘paragraph (d)’’ and
adding, in its place, a reference to
‘‘paragraph (c)’’;
■ b. Amend paragraph (b) by removing
the word ‘‘mortgage’’ and adding, in its
place the term, ‘‘insured mortgage’’;
■ c. Redesignate paragraph (c) as
paragraph (b)(1);
■ d. Amend newly redesignated
paragraph (b)(1) by removing the word
‘‘mortgage’’ and adding in its place the
term, ‘‘insured mortgage’’ and by adding
the word ‘‘or’’ at the end of the
paragraph;
■ e. Add paragraph (b)(2); and
■ f. Redesignate paragraph (d) as
paragraph (c).
The addition reads as follows:
SUMMARY:
■
§ 200.54
Project completion funding.
*
khammond on DSK9W7S144PROD with RULES
provided by the mortgagor are fully
disbursed.
*
*
*
*
*
*
*
*
*
(b) * * *
(2) If the mortgagor’s deposit required
by paragraph (a) of this section is not
fully disbursed with the initial advance
of the insured mortgage proceeds, the
mortgagee may disburse up to one (1)
percent of the mortgage amount initially
endorsed for insurance before requiring
that the funds provided by the
mortgagor be disbursed in full. The 1
percent of the initially endorsed
mortgage amount may be disbursed in
full at the time of initial endorsement or
may be disbursed in any amount on a
monthly basis, whether consecutive or
nonconsecutive, until the funds
VerDate Sep<11>2014
16:42 Dec 12, 2024
Jkt 265001
The Coast Guard will enforce
a special local regulation for the
Gasparilla parade on January 25, 2025,
to provide for the safety of life on
navigable waterways during this event.
Our regulation for recurring marine
events within the Captain of the Port St.
Petersburg identifies the regulated area
for this event in Tampa, FL. During the
enforcement periods, no person or
vessel may enter, transit through,
anchor in, or remain within the
regulated area unless authorized by the
Coast Guard Patrol Commander or a
designated representative.
DATES: The regulations in 33 CFR
100.703 will be enforced for the location
identified in Table 1 to § 100.703, Item
1, from 11:30 a.m. through 2 p.m., on
January 25, 2025.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Ryan McNaughton, Sector St. Petersburg
Prevention Department, U.S. Coast
Guard; telephone 813–228–2191, email:
Ryan.A.McNaughton@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation in 33 CFR 100.703 for the
Gasparilla parade regulated area
identified in Table 1 to § 100.703, Item
1, from 11:30 a.m. through 2 p.m. on
January 25, 2025. This action is being
taken to provide for the safety of life on
navigable waterways during this event.
Our regulation for recurring marine
events, Captain of the Port Sector St.
Petersburg, Table 1 to § 100.703, Item 1,
specifies the location of the regulated
area for the Gasparilla parade, which
encompasses portions of Hillsborough
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
100743
Bay, Seddon Channel, Sparkman
Channel and Hillsborough River located
in Tampa, FL. Under the provisions of
33 CFR 100.703(c), all persons and
vessels are prohibited from entering the
regulated area, except those persons and
vessels participating in the event, unless
they receive permission to do so from
the Coast Guard Patrol Commander, or
designated representative.
Under the provisions of 33 CFR
100.703, spectator vessels may safely
transit outside the regulated area, but
may not anchor, block, loiter in, impede
the transit of festival participants or
official patrol vessels or enter the
regulated area without approval from
the Coast Guard Patrol Commander or a
designated representative. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this regulation. In addition
to this notice of enforcement in the
Federal Register, the Coast Guard will
provide notice of the regulated area via
Local Notice to Mariners, Marine Safety
Information Bulletins, Broadcast Notice
to Mariners, and on-scene designated
representatives.
Dated: December 6, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2024–29448 Filed 12–12–24; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
E:\FR\FM\13DER1.SGM
13DER1
100744
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
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
Kimberly.M.Gates@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
khammond on DSK9W7S144PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
VerDate Sep<11>2014
16:42 Dec 12, 2024
Jkt 265001
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°55′44″ N and
an eastern boundary of 093°54′36″ W;
(2) Port Arthur Canal in the vicinity of
Golden Pass LNG between a western
boundary of 093°55′44″ N and an
eastern boundary of 093°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°45′57.9″ N
093°55′39.6″ W, thence northeast to
29°45′59.25″ N 093°55′37.5″ W, thence
to position W, thence the shoreline on
the east side of the basin at position
29°45′50.7″ N 093°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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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),
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
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).
khammond on DSK9W7S144PROD with RULES
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
VerDate Sep<11>2014
16:42 Dec 12, 2024
Jkt 265001
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
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.
2. Amend § 165.T08–0988 by revising
paragraph (d) to read as follows:
■
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
100745
§ 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
POSTAL SERVICE
39 CFR Part 111
Dual Shipping Labels Discontinued
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) to discontinue the
use of dual shipping labels.
DATES: Effective: January 1, 2025.
FOR FURTHER INFORMATION CONTACT:
Catherine Knox at (202) 268–5636 or
Garry Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: On
October 15, 2024, the Postal Service
published a notice of proposed
rulemaking (89 FR 82948) to
discontinue the use of dual shipping
labels in DMM subsection 602.10. In
response to the proposed rule, the Postal
Service received four formal responses,
one of which was in agreement with the
proposal. Two of the responses had
several comments. The comments and
responses are as follows:
Comment: Three comments requested
an extension to the effective date.
Response: The Postal Service has
taken these comments into
consideration and, upon request, may
provide a 90-day extension for
compliance until April 1, 2025, for
mailers specifically impacted by the
elimination of dual shipping labels.
However, the effective date will remain
January 1, 2025. Mailers seeking an
extension should submit a request to the
attention of Nicole T. Wilson at
delivery.confirmation@usps.gov.
SUMMARY:
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
