[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