[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Rules and Regulations]
[Pages 31730-31733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11716]


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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 May 4, 2002 until 
11:59 p.m. on June 30, 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 22 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    Since immediate action was necessary to protect the public from the 
dangers associated with transporting LNG, on October 10, 2001, we 
published a temporary final rule in the Federal Register entitled 
``Regulated Navigation Area; Savannah River, Georgia'' (66 FR 51562) 
creating a temporary rule while we published a Supplemental Notice of 
Proposed Rulemaking (SNPRM) and received comments.
    Due in part to the comments we received and changes to the initial 
NPRM, on December 14, 2001, we published a SNPRM in the Federal 
Register entitled ``Regulated Navigation Area; Savannah River, 
Georgia'' (66 FR 64778), offering the public the opportunity to comment 
on our revised proposal. The Coast Guard received three letters 
commenting on the supplemental proposed rule. No public hearing was 
requested, and none was held.
    Because the original temporary rule has expired, the Coast Guard is 
issuing this temporary final rule to respond to the dangers associated 
with Liquefied Natural Gas (LNG) vessels while comments to the SNPRM 
are considered and the final rule is being prepared.
    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 because the terms in this 
temporary final rule have already been published for notice and comment 
in the Federal Register in the SNRPM (66 FR 64778) and previous 
temporary final rule (66 FR 51562) and publishing an additional NPRM, 
which would incorporate a comment period before a final rule could be 
issued, would be contrary to the public interest since immediate action 
is needed to protect the public, ports and waterways of the United 
States from the dangers associated with the transportation of LNG.
    For the reasons cited in the summary, 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

    Since early October 2001, the port of Savannah has received LNG 
tankships at the Southern LNG Elba Island facility. Due to the 
expiration of the original temporary final rule on March 31, 2002, this 
new temporary final 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 final 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 
original notice of proposed rulemaking. These comments and our 
responses can be found in the SNRPM in the Federal Register (66 FR 
64778) and the previous temporary final rule (66 FR 51562). The Coast 
Guard incorporated some of the comments and made content changes and 
other administrative and numbering corrections in the SNPRM published 
on December 14, 2001.

[[Page 31731]]

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 temporary rule to be so 
minimal 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 temporary 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 temporary 
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 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 temporary 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).

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:

[[Page 31732]]

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. Temporary Sec. 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 
section, 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 
section, 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 other public vessels, except 
vessels that are engaged in 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 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 permission 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 liquefied 
natural gas (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 4 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 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 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 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 
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.

[[Page 31733]]

    (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: May 2, 2002.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-11716 Filed 5-9-02; 8:45 am]
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