[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Rules and Regulations]
[Pages 51562-51566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25287]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-01-037]
RIN 2115-AE84


Regulated Navigation Area: Savannah River, Georgia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) on a portion of the Savannah River to regulate 
waterway traffic when vessels carrying Liquefied Natural Gas (LNG) are 
transiting or moored on the Savannah River. This action is necessary 
because of the size, draft, and volatile cargo of LNG tankships. This 
rule enhances public and maritime safety by minimizing the risk of 
collision, allision or grounding and the possible release of LNG.

DATES: This rule is effective from 12:01 a.m. on September 30, 2001 
until 11:59 p.m. on March 31, 2002.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Savannah, Juliette Gordon Low Federal Building, 
Suite 1017, 100 W. Oglethorpe, Savannah, Georgia 31401. Coast Guard 
Marine Safety Office Savannah 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 
[CGD07-01-037], will become part of this docket and will be available 
for inspection or copying at Marine Safety Office Savannah, between 
7:30 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James Hanzalik at 
the Marine Safety Office Savannah; phone (912) 652-4353 extension 205.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On June 19, 2001 we published a notice of proposed rulemaking 
(NPRM) in the Federal Register entitled Regulated Navigation Area; 
Savannah River, Georgia (66 FR 32915). The Coast Guard received twenty-
two letters commenting on the proposed rule. No public hearing was 
requested, and none was held. Due to the substantial amendments to the 
proposed rule as a result of these comments, additional research, and 
simulations conducted by the U.S. Coast Guard, this temporary final 
rule is established while a supplemental notice of proposed rulemaking 
is issued and comments received.
    This temporary rule is needed while we allow the public to comment 
on our modified proposed rule because of the imminent start up of the 
Southern LNG Elba Island facility and arrival of LNG tankships.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. On June 19, 2001 we published a 
notice of proposed rulemaking (NPRM) in the Federal Register entitled 
Regulated Navigation Area; Savannah River, Georgia (66 FR 32915). This 
NPRM proposed the general regulatory scheme contained in this temporary 
rule. Due in part to the comments we received, we will publish a 
supplemental notice of proposed rulemaking (SNRPM) and propose another 
final rule, offering the public the opportunity to comment on our 
revised proposal. However, immediate action is necessary to protect the 
public from the dangers associated with transporting LNG.
    For the same reasons, 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.

Background and Purpose

    The port of Savannah will begin receiving LNG tankships at the 
Southern LNG Elba Island facility in early October 2001. This temporary 
rule is necessary to protect the safety of life and property on the 
navigable waters from hazards associated with LNG activities.
    The Savannah River has a narrow and restricted channel with many 
bends. The LNG facility is located at one of these bends on Elba 
Island. The LNG tankship berth is located adjacent to and parallel with 
the toe of the shipping channel. Because of these factors, the 
hazardous nature of LNG and the substantial volume of deep draft vessel 
traffic in Savannah (approximately 5000 annual transits), the risk of 
collision or allision involving an LNG tankship must be addressed.
    The Elba Island LNG facility has been struck by passing vessels 
twice in the past 20 years. In both instances the facility was 
inactive, however, damage to both the facility and vessels was 
extensive. The potential consequences from this type of allision would 
be significantly more severe with an LNG tankship moored at the Elba 
Island dock. This temporary rule is needed to prevent incidents 
involving a LNG tankship in transit or while moored at the facility.

Discussion of Comments and Changes

    The Coast Guard received twenty-two comment letters addressing the 
notice of proposed rulemaking. The Coast Guard has incorporated some of 
the comments and made content changes and other administrative and 
numbering corrections in this temporary final rule. The specific 
section of the proposed rule that each comment or group of

[[Page 51563]]

comments addresses is below in bold text. The Coast Guard's response to 
the comments immediately follows the bolded text.
    Two comments concerned the proposed construction of the Jasper 
County waterfront facility in the vicinity of the LNG terminal. While 
we acknowledge the possibility of this facility's construction, no 
regulatory approvals have been granted for the proposed Jasper County 
facility and immediate action is needed to address the current 
situation. We have not modified the rule in light of these two 
comments.

33 CFR 165.756(d)(1)(i). ``Except for a vessel that is moored at a 
marina, wharf, or pier, and that remains moored, no vessel greater than 
1600 gross tons is permitted within the Regulated Navigation Area 
without the consent of the Captain of the Port (COTP).''

    The Coast Guard received four comments expressing concern over 
potential delays during a LNG tankship arrival and departure. The Coast 
Guard believes that any potential delays associated with LNG tankship 
movements will be minimized through coordination during pre-transit 
conferences conducted by the Captain of the Port (COTP) prior to a LNG 
tankship's arrival and departure and by the pre-positioning of 
additional towing vessels by the LNG facility in support of this RNA.

33 CFR 165.756(d)(2)(iv) Requirements for vessels carrying LNG: ``Not 
enter or get underway within the regulated navigation area if 
visibility during the transit is, or is expected to be, less than three 
(3) miles. * * *''

    Two respondents provided specific comments concerning the three-
mile visibility restriction. The comments noted the proposed rule would 
impose visibility-based restrictions on LNG tankships that may be 
considered different from those applicable to similar size vessels. The 
Coast Guard has carefully considered these comments and has eliminated 
the specific language requiring at least three miles of visibility. 
Instead, visibility issues will be addressed on a case-by-case basis 
with input from the Coast Guard, the pilot and the master of the LNG 
tankship during the pre-transit conference required in the Savannah 
Area Liquefied Natural Gas (LNG) Vessel Management and Emergency Plan. 
This will allow greater flexibility for vessel entry based on the 
professional judgment of the mariners making the transit and the Coast 
Guard. Section 165.756(d)(2)(iv) of the proposed rule has been modified 
and renumbered to read 165(d)(1)(iii)(4), ``Not enter or get underway 
within the RNA if visibility during the transit is not sufficient to 
safely navigate the channel. * * *''

33 CFR 165.756(d)(3). ``Restrictions on vessel operations while a LNG 
vessel is moored:''

    The Coast Guard amended the proposed rule concerning the protection 
of passing vessels under 1600 gross tons as they pass a LNG tankship 
while it is moored at the LNG terminal. This temporary final rule 
prohibits vessels less than 1600 gross tons from approaching within 70 
yards of a moored LNG tankship. This change was made to protect vessels 
less than 1600 gross tons from the hazards associated with the transfer 
of LNG at the Elba Island terminal. This change will not restrict 
vessel movement within the deep draft channel and will have minimal or 
no impact on commercial or recreational vessel traffic.

33 CFR 165.756(d)(3)(i) and (ii) Towing vessel requirements for the LNG 
facility. The LNG facility ``* * * shall station and provide a minimum 
of two (2) towing vessels each with a minimum of 100,000 pounds of 
bollard pull to safely maneuver transiting vessels greater than 1600 
gross tons * * *'' and for transiting vessels over 1600 gross tons 
while a LNG vessel is moored at the facility, ``when passing a moored 
LNG vessel shall have a minimum of two (2) towing vessels in escort 
each with a minimum of 100,000 pounds of bollard pull. * * *''

    The Coast Guard has amended this 2-tug requirement based on 
simulations conducted at Marine Safety International. The objective of 
this section is to prevent, or mitigate the potential consequences of a 
vessel alliding with a moored LNG tankship. Based on simulations 
conducted and a review of existing industry escort operations, the 
Coast Guard has determined that an adequate level of safety can be 
achieved with two towing vessels having adequate bollard pull, 
horsepower and the capability to operate in the ``indirect mode.'' 
These simulations also revealed that other combinations of operation by 
towing vessels not made-up to the escorted vessel prior to the onset of 
the same emergent situation, or by towing vessels not capable of safely 
operating in the indirect mode, whether made-up or not, consistently 
failed to prevent a high impact allision. Similar escort requirements 
typically applied to tankships on the West Coast of the United States 
have successfully controlled and/or arrested escorted vessels' 
movements under emergent circumstances.
    Therefore, the Coast Guard amended section (d)(3)(ii) of the 
proposed rule to read: ``Transiting vessels 1600 gross tons or greater, 
when passing a moored LNG tankship, shall have a minimum of two (2) 
towing vessels, each with a minimum capacity of 100,000 pounds of 
bollard pull, 4,000 horsepower, and the ability to safely operate in 
the indirect mode, made-up in such a way as to be immediately available 
to arrest and/or control the motion of an escorted vessel in the event 
of steering, propulsion or other casualty.''
    The Coast Guard received two comments concerning the potential for 
liability claims due to the facility having to provide escort towing 
vessel services. These comments generally asserted that because escort 
tugs were being required by a federal regulation, the facility should 
not be liable for any damages incurred during escort operations.
    This temporary rule addresses safety issues associated with the 
navigable waters of the United States and attempting to address 
liability issues in this rule is inappropriate. Ultimately, issues 
related to liability will be resolved in the legal process.

33 CFR 165.756(d)(3)(ii) ``Transiting vessels over 1600 gross tons when 
passing a moored LNG vessel shall have a minimum of two (2) towing 
vessels in escort each with a minimum of 100,000 pounds of bollard pull 
made up in a way to safely maneuver past the transferring LNG vessel. 
Outbound vessels shall be escorted from the terminus of the Fort 
Jackson range until the vessel is safely past the LNG dock. Inbound 
vessels shall be escorted from Field's Cut until the vessel is safely 
past the LNG dock.''

    The Coast Guard received sixteen comments objecting to the 
requirement that tugs make-up to vessels over 1600 gross tons as they 
pass a moored LNG tankship. These comments agreed with the requirement 
for having vessels escorted but asserted that either the pilot, the 
master and/or the towing vessel operators should make the decision on 
whether to make-up, or that towing vessels should not be made-up 
because this type of arrangement provided no additional level of 
safety.
    We disagree with comments asserting that the towing vessel should 
not be made-up. As previously discussed in the NPRM under the heading 
of 33 CFR 165.756(d)(3)(i) and (ii), Coast Guard research clearly 
indicates that the most effective way to maneuver and control a vessel 
is if it is made-up to towing vessels. These conclusions have been

[[Page 51564]]

tested and were verified by simulations based on similar historical 
casualty scenarios.
    Considering the proximity of the moored LNG tankship to the 
shipping channel, as well as the restricted nature of the waterway, the 
safe option of requiring towing vessels to be made-up to the escorted 
vessel is prudent. During a casualty (steering or propulsion), reaction 
time is critical. By ensuring the escorting towing vessels are made-up 
prior to a casualty, control will be immediate and any delays 
associated with attempting to make-up at the point of extremis will be 
eliminated.
    We received nine comments expressing concern related to potential 
cost for the delays associated with the making-up of towing vessels to 
vessels passing the moored LNG tanker. Many of the comments stated that 
delays due to towing vessel availability and the time required to make-
up would have an adverse economic impact.
    Based on simulations conducted, the additional time needed to make-
up was minimal as compared with normal transits and passing at minimum 
speed. The time required to make-up results in minimal delays because 
the passing vessel continues its forward movement during this 
evolution. The minimal make-up time is significant, however, when a 
vessel is in extremis and reaction time must be nearly instantaneous. 
For these reasons and as previously discussed, the Coast Guard 
continues to require that the escort towing vessels be made-up to the 
escorted vessel.
    The Coast Guard received eight comments concerning the length of 
the escort zone for vessels passing a LNG tankship while it is moored. 
The original proposed zone was from Fort Jackson to Elba Island Cut. 
Since publishing the notice of proposed rulemaking, additional research 
has been conducted which suggests that a reduction in the size of the 
escort zone will not adversely affect the level of safety. We agree 
with the comments and have amended the temporary final rule.
    We recognize circumstances will dictate the distance and time 
required to make-up the towing vessels. It is left to the professional 
judgment of the mariners involved in the evolution to ensure the 
vessels are properly made-up prior to passing Bight Channel Light 46 
for outbound vessels and Elba Island Light 37 for inbound vessels and 
that vessels remain made-up until clear of the LNG tankship. (NOTE: The 
distance between Lights 46 & 37 is approximately 2.1 nautical miles or 
approximately 1 nautical mile either side of the facility. The 
originally proposed zone size was 3.3 nautical miles or roughly 1.6 
nautical miles on either side.)

33 CFR 165.756(d)(3)(iii) ``* * * the operator of the facility where 
the LNG vessel is moored shall provide at least one towing vessel with 
sufficient capacity to safely hold the LNG vessel to the dock while 
transiting vessels pass.''

    Two respondents provided specific comments concerning the 
requirement to provide at least one towing vessel with sufficient 
capacity to safely hold the LNG tankship to the dock while transiting 
vessels pass. The Coast Guard has carefully considered these comments 
and has determined that the original wording of this requirement may 
restrict the flexibility of the ``standby'' towing vessel to assist in 
a wider range of casualty scenarios. The Coast Guard has amended and 
renumbered section (d)(3)(iii) of the proposed rule to now read 
(d)(2)(ii): ``In addition to the two towing vessels required by section 
(d)(2)(i) of this part, the operator of the facility where the LNG 
tankship is moored shall provide at least one (1) standby towing vessel 
of sufficient capacity to take any appropriate actions in an emergency 
as directed by the LNG vessel bridge watch.''

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, 1979).
    We expect the economic impact of this rule to be so minimal so that 
a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. Only an estimated one 
percent of the annual transits on the Savannah River will be LNG 
tankships. Further, all LNG transits will be coordinated and scheduled 
with the pilots and the Coast Guard Captain of the Port to minimize 
port disruption and delays for other commercial traffic, and LNG 
tankships. Finally, requests to enter the RNA may be granted on a case-
by-case basis by the Coast Guard Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    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 because LNG vessels will comprise an estimated one percent of 
the large commercial vessel transits on the Savannah River. Further, 
the tug escort requirements of this rule for vessels transiting past a 
moored LNG vessel will only affect an estimated 12% of all large 
commercial vessel transits on the River. Delays, if any, will be 
minimal because vessel speeds would be reduced regardless of the tug 
requirements. Delays for inbound and outbound traffic due to LNG 
transits will be minimized through pre-transit conferences with the 
pilots and the Coast Guard Captain of the Port. Finally, the RNA 
requirements are less burdensome for smaller vessels, which are more 
likely to be small entities, because of the lower risk associated with 
these vessels.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule would affect your small business and you have questions concerning 
its provisions or options for compliance, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT. Small businesses may also 
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).

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).

[[Page 51565]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule would 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(g), of Commandant Instruction 
M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 reads as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Section 165.T07-037 is added to read as follows:


Sec. 165.T07-037  Regulated Navigation Area; Savannah River, Georgia.

    (a) Regulated Navigation Area (RNA). The Savannah River between 
Fort Jackson (32 deg.04.93' N, 081 deg.02.19' W) and the Savannah River 
Channel Entrance Sea Buoy is a regulated navigation area.
    (b) Definitions. The following definitions are used in this 
section:
    Bollard pull is an industry standard used for rating tug 
capabilities and is the pulling force imparted by the tug to the 
towline. It means the power that an escort tug can apply to its working 
line(s) when operating in a direct mode.
    Direct Mode is a towing technique which, for the purpose of this 
regulation, is defined as a method of operation by which a towing 
vessel generates by thrust alone; towline forces at an angle equal to 
or nearly equal to the towline, or thrust forces applied directly to 
the escorted vessel's hull.
    Indirect Mode is a towing technique which, for the purpose of this 
regulation, is defined as a method of operation by which an escorting 
towing vessel generates towline forces by a combination of thrust and 
hydrodynamic forces resulting from a presentation of the underwater 
body of the towing vessel at an oblique angle to the towline. This 
method increases the resultant bollard pull, thereby arresting and/or 
controlling the motion of an escorted vessel.
    LNG tankship means a vessel as described in Title 46, Code of 
Federal Regulations, Part 154.
    Made-up means physically attached by cable, towline, or other 
secure means in such a way as to be immediately ready to exert force on 
a vessel being escorted.
    Make-up means the act of, or preparations for becoming made-up.
    Operator means the person who owns, operates, or is responsible for 
the operation of a facility or vessel.
    Savannah River Channel Entrance Sea Buoy means the aid to 
navigation labeled R W ``T'' Mo (A) WHIS on the National Oceanic and 
Atmospheric Administration's (NOAA) Nautical Chart 11512.
    Standby means immediately available, ready, and equipped to conduct 
operations.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
    (c) Applicability. This section applies to all vessels operating 
within the RNA, including naval and public vessels, except vessels that 
are engaged in one of the following operations:
    (1) Law enforcement or search and rescue operations;
    (2) Servicing aids to navigation;
    (3) Surveying, maintenance, or improvement of waters in the RNA; or
    (4) Actively engaged in escort, maneuvering or support duties for 
the LNG tankship.
    (d) Regulations. (1) Restrictions on vessel operations while a 
Liquefied Natural Gas (LNG) tankship is underway within the RNA.
    (i) Except for a vessel that is moored at a marina, wharf, or pier, 
and remains moored, no vessel 1600 gross tons or greater is permitted 
within the RNA without the consent of the Captain of the Port (COTP).
    (ii) All vessels under 1600 gross tons shall keep clear of 
transiting LNG tankships.
    (iii) The owner, master, or operator of a vessel carrying LNG 
shall:
    (A) Comply with the notice requirements of 33 CFR Part 160. Updates 
are encouraged at least 12

[[Page 51566]]

hours before arrival at the RNA boundaries. The COTP may delay the 
vessel's entry into the RNA to accommodate other commercial traffic. 
LNG tankships are further encouraged to include in their notice a 
report of the vessel's propulsion and machinery status and any 
outstanding recommendations or deficiencies identified by the vessel's 
classification society and, for foreign flag vessels, any outstanding 
deficiencies identified by the vessel's flag state.
    (B) Obtain permission from the COTP before commencing the transit 
into the RNA.
    (C) While transiting, make security broadcasts every 15 minutes as 
recommended by the U.S. Coast Pilot 5 Atlantic Coast. The person 
directing the vessel must also notify the COTP telephonically or by 
radio on channel 13 or 16 when the vessel is at the following 
locations: Sea Buoy, Savannah Jetties, and Fields Cut.
    (D) Not enter or get underway within the RNA if visibility during 
the transit is not sufficient to safely navigate the channel, and/or 
wind speed is, or is expected to be, greater than 25 knots.
    (E) While transiting the RNA, the LNG tankship shall have 
sufficient towing vessel escorts.
    (2) Requirements for LNG facilities:
    (i) The operator of a facility where a LNG tankship is moored shall 
station and provide a minimum of two (2) escort towing vessels each 
with a minimum of 100,000 pounds of bollard pull, 4,000 horsepower and 
capable of safely operating in the indirect mode, to escort transiting 
vessels 1600 gross tons or greater past the moored LNG tankship.
    (ii) In addition to the two towing vessels required by paragraph 
(d)(2)(i) of this section, the operator of the facility where the LNG 
tankship is moored shall provide at least one (1) standby towing vessel 
of sufficient capacity to take appropriate actions in an emergency as 
directed by the LNG vessel bridge watch.
    (3) Requirements for vessel operations while a LNG tankship is 
moored:
    (i) While moored within the RNA, LNG tankships shall maintain a 
bridge watch of appropriate personnel to monitor vessels passing under 
escort and to coordinate the actions of the standby towing vessel 
required in paragraph (d)(2)(ii) of this section in the event of 
emergency.
    (ii) Transiting vessels 1600 gross tons or greater, when passing a 
moored LNG tankship, shall have a minimum of two (2) towing vessels, 
each with a minimum capacity of 100,000 pounds of bollard pull, 4,000 
horsepower, and the ability to operate safely in the indirect mode, 
made-up in such a way as to be immediately available to arrest and/or 
control the motion of an escorted vessel in the event of steering, 
propulsion or other casualty. While it is anticipated that vessels will 
utilize the facility provided towing vessel services required in 
paragraph (d)(2)(i) of this section, this regulation does not preclude 
escorted vessel operators from providing their own towing vessel 
escorts, provided they meet the requirements of this part.
    (A) Outbound vessels shall be made-up and escorted from Bight 
Channel Light 46 until the vessel is safely past the LNG dock.
    (B) Inbound vessels shall be made-up and escorted from Elba Island 
Light 37 until the vessel is safely past the LNG dock.
    (iii) All vessels of less than 1600 gross tons shall not approach 
within 70 yards of a LNG tankship.
    (e) LNG Schedule. The Captain of the Port will issue a Broadcast 
Notice to Mariners to inform the marine community of scheduled LNG 
tankship activities during which the restrictions imposed by this part 
are in effect.
    (f) Waivers. (1) The COTP may waive any requirement in this 
section, if the COTP finds that it is in the best interest of safety or 
in the interest of national security.
    (2) An application for a waiver of these requirements must state 
the compelling need for the waiver and describe the proposed operation 
and methods by which adequate levels of safety are to be obtained.
    (g) Enforcement. Violations of this RNA should be reported to the 
Captain of the Port, Savannah, at (912) 652-4353. In accordance with 
the general regulations in Sec. 165.13 of this part, no person may 
cause or authorize the operation of a vessel in the Regulated 
Navigation Area contrary to the regulations.

    Dated: September 29, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-25287 Filed 10-9-01; 8:45 am]
BILLING CODE 4910-15-U