[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46865-46868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18010]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 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 on August 16, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-01-037], and are 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.
    Since immediate action was necessary to protect the public from the 
dangers associated with transporting LNG, on October 10, 2001 and May 
10, 2002, we published two temporary final rules in the Federal 
Register entitled ``Regulated Navigation Area: Savannah River, 
Georgia'' (66 FR 51562 and 67 FR 31730, respectively) creating 
temporary rules while we published a Supplemental Notice of Proposed 
Rulemaking (SNPRM), received comments and prepared the final rule.
    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.

Background and Purpose

    The Savannah River has a narrow and restricted channel with many 
bends. The Liquefied Natural Gas (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.
    The current temporary final rule expired on June 30, 2002. This 
final rule is needed to prevent incidents involving LNG tankships while 
in transit, and while moored at the facility, and is necessary to 
protect the safety of life and property on the navigable waters from 
hazards associated with LNG activities.

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 SNPRM in the Federal Register (66 FR 
64778) and the temporary final rule published on October 10, 2001 (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.
    We received a total of three comment letters to the SNPRM published 
on December 14, 2001, that restated the same concerns addressed in the 
NPRM. The Coast Guard stands by its previous position and comments and 
has not modified this final rule. In addition to the comments restated, 
two of these comment letters requested that the Coast Guard extend the 
temporary final rule for one year ``to document the cost of delays and 
make a reasonable determination of the impact of these proposed 
regulations.'' As stated in the comments section of the SNPRM and the 
regulatory evaluation section of this final rule, the Coast Guard 
maintains our position that the costs associated with this rule will be 
minimal and we do not agree that an extension of the temporary rule is 
necessary. If however, as experience with this rule is gained and costs 
are documented which warrant a reassessment of this rule, the Coast 
Guard may review the cost and benefits of the final rule and may revise 
it.
    A third comment letter received in response to the SNPRM suggested 
that the ``Captain of the Port be given the authority to waive portions 
of the final rule which operational experience has shown to be 
unnecessary.'' The final rule allows the Captain of the Port to waive 
any requirements imposed by this rule, if the Captain of the Port finds 
that it is in the best interest of safety or in the interest of 
national security.

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

[[Page 46866]]

the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. 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 the LNG 
tankships themselves. Finally, requests to enter the Regulated 
Navigation Area (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 percent of all large 
commercial vessel transits on the River and are provided by the LNG 
facility. 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 (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).

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. Although 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 
M16475.1D, 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:


[[Page 46867]]


    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. A new Sec. 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. All 
coordinates are North American Datum 1983.
    (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 is defined as a method of 
operation by which a towing vessel generates towline forces by thrust 
alone 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 that, 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 
controlling the motion of an escorted vessel.
    LNG tankship means a vessel as described in 46 CFR 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, not made fast to the 
shore, or not 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) Requirements for 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 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 
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 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

[[Page 46868]]

methods by which adequate levels of safety are to be obtained.
    (g) Enforcement. Violations of this section 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 provisions of this section.

    Dated: July 3, 2002.
J.S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-18010 Filed 7-16-02; 8:45 am]
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