[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Proposed Rules]
[Pages 64778-64783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30840]


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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: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a 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: Comments and related material must reach the Coast Guard on or 
before February 12, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Savannah, Juliette Gordon Low Federal Building, Suite 1017, 100 
W. Oglethorpe, Savannah, Georgia, 31401. 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.

[[Page 64779]]


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

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 [CGD07-01-
037], 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 submit them by mail 
and would like to know that 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 intend to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Savannah 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

    The port of Savannah is receiving LNG tankships at the Southern 
Liquefied Natural Gas (LNG) facility on Elba Island. This facility has 
been struck by passing vessels twice in the past 20 years. This 
proposed rule is necessary to protect the safety of life and property 
on the navigable waters of the United States 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 a LNG tankship must be addressed.
    In both instances when the Elba Island LNG facility was struck, 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 a LNG tankship moored at the 
Elba Island dock. This rulemaking is needed to prevent incidents 
involving a LNG tankship in transit or while moored at the facility.
    On June 19, 2001, the Coast Guard published a notice of proposed 
rulemaking in the Federal Register entitled Regulated Navigation Area: 
Savannah River, Georgia (66 FR 32915). We received 22 comment letters 
in response to this proposed rule. On October 10, 2001 we published a 
temporary final rule in the Federal Register entitled Regulated 
Navigation Area: Savannah River, Georgia (66 FR 51562). That temporary 
rule, effective until March 21, 2002, was necessary to address the risk 
proposed by the resumption of LNG activities, while allowing us to 
redraft and receive comments on this supplemental notice of proposed 
rulemaking.

Discussion of Proposed Rule

    The Coast Guard received 22 comment letters addressing the original 
notice of proposed rulemaking. The Coast Guard has considered all of 
these comments and has made content changes and other administrative 
and numbering corrections in this supplemental notice of proposed 
rulemaking. The specific section of the original proposed rule that 
each comment or group of comments addresses is indicated 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. We have not modified the original proposed 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 original 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 
proposes to eliminate 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. We propose to modify and renumber Sec. 165.756 
(d)(2)(iv) of the original proposed rule. The new section number would 
be Sec. 165.756 (d)(1)(iii)(D) and it would read, ``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 proposes to amend the original 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 
new proposed 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

[[Page 64780]]

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 proposes to amend section (d)(3)(ii) of 
the original 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 proposed 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 16 comments objecting to the requirement 
that tugs make-up (physically attach) 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 
tested and were verified by simulations based on similar historical 
casualty scenarios.
    Considering the proximity of the moored LNG tankship to the 
shipping channel and the restricted nature of the waterway, 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, marginal delays associated with 
making-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 make-up time is critical, 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 an LNG tankship while it is moored. 
The original proposed zone was from Fort Jackson to Elba Island Cut. 
Since publishing the original 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 this proposed rule 
accordingly.
    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 on 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 proposes to amend 
and renumber section (d)(3)(iii) of the original proposed rule to now 
read (d)(2)(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 any appropriate actions in 
an emergency as directed by the LNG vessel bridge watch.''

[[Page 64781]]

Regulatory Evaluation

    This proposed 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 proposed 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 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 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 
percent 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 (Pub. L. 104-121), we offered to assist small 
entities in understanding this proposed rule so that they could better 
evaluate its effects on them and participate in the rulemaking process. 
If the proposed 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 proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 proposed 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 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 proposed rule would 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed 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 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.

Energy Effects

    We have analyzed this proposed 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 proposed 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.

[[Page 64782]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Safety measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
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: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Section 165.756 is added to read as follows:


Sec. 165.756  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, forces on an escorted vessel 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 on an escorted vessel 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 other 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 an 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 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 an 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.

[[Page 64783]]

    (iii) All vessels of less than 1600 gross tons shall not approach 
within 70 yards of an 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 
section 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: December 1, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-30840 Filed 12-13-01; 8:45 am]
BILLING CODE 4910-15-U