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Anchorage Regulation; Sabine Pass, TX, Gulf of Mexico
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Proposed Rules]
[Page 38474-38476]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn00-20]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 166
[CGD08-00-012]
RIN 2115-AA98
Anchorage Regulation; Sabine Pass, TX, Gulf of Mexico
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create a new anchorage area on the
eastern side of the Sabine Pass Safety Fairway, opposite the Sabine
Bank Offshore (North) Anchorage area in the Gulf of Mexico south of
Sabine Pass. This will help alleviate the need for in-bound deep draft
vessels to cross the Sabine Pass Safety Fairway and navigate around a
charted shallow area just to the southeast of the North anchorage. This
proposal will allow deep draft vessels to enter and depart Sabine Bank
anchorages on a safer, lower risk course.
DATES: Comments and related material must reach the Coast Guard on or
before August 21, 2000.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard Marine Safety
[[Page 38475]]
Office, Federal Building, 2875 Jimmy Johnson Blvd., Port Arthur, Texas
77640-2099, or you may deliver comments at the same address between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays. The
telephone number is (409) 723-6501. The Captain of the Port maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at the same address, dates and
times.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Matthew Marlow,
Waterways Management, Coast Guard Marine Safety Office Port Arthur,
telephone (409) 723-6509, extension 239.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-00-
012), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commanding Officer U.S. Coast Guard
Marine Safety Office at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
In 1997, the in-bound tank vessel CROSBY ran aground just outside
the Sabine Bank Offshore (North) Anchorage area located in the Gulf of
Mexico, approximately 13 miles south of Sabine Pass, TX. This vessel
was carrying over 650,000 barrels of crude oil. Although no oil was
spilled, the result could have been disastrous. The subsequent
investigation revealed that the vessel's master crossed the safety
fairway and was attempting to navigate into the North anchorage.
However, a strong westerly current began pushing the CROSBY toward the
shallow area southeast of the anchorage area. The master was unable to
maneuver away from the shallows and the vessel grounded. Four tugboats
took 15 hours to refloat the CROSBY.
The proposed new anchorage east of the Sabine Bank Offshore (North)
Anchorage is necessary to reduce the risk of a grounding. The proposed
location for a new anchorage is free of shallow areas immediately
surrounding it. In-bound petroleum laden deep draft vessels invariably
have need to anchor and wait for daylight transit. If an anchorage is
created on the eastern side of the Sabine Pass Safety Fairway, deep
draft vessels will not need to cross the safety fairway to anchor, and
will avoid passing close to the shallow area southeast of the North
anchorage. This significantly reduces navigational risks to deep draft
shipping.
Discussion of Proposed Rule
The regulation creates a new anchorage in an area bounded by rhumb
lines joining points at:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
29 deg.26'06" N........................... 93 deg.38'52" W.
29 deg.26'06" N........................... 93 deg.37'00" W.
29 deg.24'06" N........................... 93 deg.37'00" W.
29 deg.24'06" N........................... 93 deg.38'52" W.
------------------------------------------------------------------------
With this proposal, the new Sabine Bank Offshore (East) Anchorage
will include deeper waters surrounding the anchorage boundaries, while
maintaining an effective area of safety for deep draft vessels. This
proposed regulation is designed to reduce risk of deep draft vessel
groundings and promote safety of maritime commerce in the Port Arthur
Captain of the Port Zone.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
There are no fees, permits, or specialized requirements for the
maritime industry to utilize this anchorage area. The regulation is
solely for the purpose of advancing safety of maritime commerce.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
This proposed rule should have minimal economic impact on vessels
operated by small entities. There are no restrictions for entry or use
of the proposed anchorage targeting small entities. Fairway anchorage
regulations found in 33 CFR 166.200 apply equally to large and small
entities. The proposed regulation creates only a new anchorage area, it
does not govern its usage. The proposed location is no farther offshore
or closer to shore than the existing North anchorage.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
Assistance for Small Entities
This proposed rule is not foreseen to affect small entities.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the entity listed in ADDRESSES.
Collection of Information
This proposed rule would call for no new collection of information
under the
[[Page 38476]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 34, of COMDTINST M16475.lC,
this proposed rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination will be prepared
in accordance with paragraph 2.B.2, Figure 2-1, CE#34(f) of COMDTINST
M16475.1C. This rule proposes creating a new anchorage area to the east
of the Sabine Bank Offshore (North) Anchorage area. This new anchorage
would enhance the safety in the waters offshore of Port Arthur, Texas
by allowing additional space and a safer approach for deep draft
vessels to anchor.
List of Subjects in 33 CFR Part 166
Anchorage grounds, Marine Safety, Navigation (water), Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 166 as follows:
PART 166--SHIPPING SAFETY
1. The authority citation for part 166 continues to read as
follows:
Authority: 33 U.S.C. 1223; 49 CFR 1.46.
2. In Sec. 166.200, paragraph (d)(13)(iv) is added to read as
follows:
Sec. 166.200 Shipping safety fairways and anchorage areas, Gulf of
Mexico.
* * * * *
(d) * * *
(13) * * *
(iv) Sabine Bank Offshore (East) Anchorage Area. The area enclosed
by rhumb lines joining points at:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
29 deg.26'06" N. 93 deg.38'52" W.
29 deg.26'06" N. 93 deg.37'00" W.
29 deg.24'06" N. 93 deg.37'00" W.
29 deg.24'06" N. 93 deg.38'52" W.
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Dated: May 31, 2000.
Paul J. Pluta,
Commander, Eighth Coast Guard District.
[FR Doc. 00-15514 Filed 6-20-00; 8:45 am]
BILLING CODE 4910-15-P