[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Rules and Regulations]
[Pages 82276-82278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33078]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 166
[CGD 08-00-012]
RIN 2115-AG02
Shipping Safety Fairways and Anchorage Areas, Gulf of Mexico
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is creating 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
rule allows deep draft vessels to enter and depart Sabine Bank
anchorages on a safer, lower risk course.
DATES: This final rule is effective January 29, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket CGD 08-00-012 and are available for inspection or
copying at the Coast Guard Marine Safety Office, Federal Building, 2875
Jimmy Johnson Blvd., Port Arthur, TX 77640-2099 between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule or
on viewing the docket, call Lieutenant Lamont Bazemore, Waterways
Management, Coast Guard Marine Safety Office Port Arthur, telephone
409-723-6509 ext. 243.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 21, 2000, we published a notice of proposed rulemaking
entitled ``Anchorage Regulation; Sabine Pass, TX, Gulf of Mexico'' in
the Federal Register (65 FR 38474). We received no letters commenting
on the proposed rule. No public hearing was requested and none was
held. For the Semi-Annual Agenda, we changed the RIN and title of this
rule to ``Shipping Safety Fairways and Anchorage Areas, Gulf of Mexico,
2115-AG02'', to correctly reflect the CFR part that we are affecting.
Background and Purpose
In 1997, the in-bound tank vessel CROSBY ran aground just outside
the
[[Page 82277]]
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 attempted to navigate into the North
anchorage. However, a strong westerly current pushed 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.
In-bound petroleum laden deep draft vessels invariably have a need
to anchor and wait for daylight transit. The new anchorage east of the
Sabine Bank Offshore (North) Anchorage eliminates the need for these
vessels to cross the safety fairway and navigate the surrounding
shallow areas to reach anchorage. The new anchorage is also free of
shallow areas immediately surrounding it. This significantly reduces
navigational risks to in-bound deep draft vessels.
Discussion of Comments and Changes
No comments were received regarding the notice of proposed
rulemaking and no changes were made.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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, l979). We expect the economic impact
of this 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. Use of the Sabine
Bank Offshore (East) Anchorage Area is voluntary. This 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 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.
Since there are no fees, permits, or specialized requirements for
the maritime industry to utilize this anchorage, and the use of the
anchorage is voluntary, the Coast Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. No assistance
was requested or provided.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it 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)
requires Federal agencies to assess the effects of their regulatory
actions not specifically required by law. 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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 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 rule and concluded
that, under figure 2-1, paragraph (34)(f), of Commandant Instruction
M16475.lC, this rule is categorically excluded from further
environmental documentation. Implementation of this action will not
result in any--
Significant cumulative impacts on the human environment;
Substantial controversy or substantial change to existing
environmental conditions;
Impacts which are more than minimal on properties
protected under 4(f) of the DOT Act as superceded by Public Law 97-449,
and Section 106 of the National Historic Preservation Act; and
Inconsistencies with any Federal, State, or local laws or
administrative determinations relating to the environment.
A ``Categorical Exclusion Determination'' is available in the
docket where indicated under ADDRESSES.
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 amends
33 CFR part 166 as follows:
PART 166--SHIPPING SAFETY FAIRWAYS
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, add paragraph (d)(13)(iv) 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:
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Latitude Longitude
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29 deg.26'06" N........................... 93 deg.38'52" W.
[[Page 82278]]
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: 14 December 2000.
Paul J. Pluta,
RADM, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 00-33078 Filed 12-27-00; 8:45 am]
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