[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Proposed Rules]
[Pages 65227-65229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28813]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD07-03-147]
RIN 1625-AA11


Regulated Navigation Area: Savannah River, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulated navigation 
area to improve vessel traffic flow on the Savannah River during Liquid 
Natural Gas (LNG) tankship transits. Under the current regulation, 
vessels greater than 1600 gross tons are not permitted within the 
regulated area during LNG tankship transits without the express 
permission of the Captain of the Port. This proposed rule would allow 
all vessels greater than 1600 gross tons to transit the area during LNG 
tankship transits provided they come no closer than 2 nautical miles 
from the LNG vessel without specific authorization from the Captain of 
the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before February 17, 2004.

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 
[CGD07-03-147], 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 Lawrence Greene, 
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 [CGD07-03-
147], 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 would like to know 
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 plan to hold a public meeting. But you may submit a 
request for a meeting by writing to MSO Savannah (see ADDRESSES) 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at the time and place announced 
by a later notice in the Federal Register.

Background and Purpose

    The port of Savannah is currently receiving Liquid Natural Gas 
(LNG) tankships, ranging from two to eight vessels per month, at the 
Southern LNG Elba Island facility. The Coast Guard currently has a 
regulated navigation area (RNA) in effect for LNG tankship transits 
which restricts vessel movement from Fort Jackson, which is upriver 
from the Elba Island LNG facility, and continues down the length of the 
Savannah River and extends offshore to the Savannah River Channel 
Entrance Sea Buoy. After nearly two years of experience with LNG 
tankship transits on the Savannah River, the Coast Guard is proposing 
to change the current RNA to allow vessels of 1600 gross tons or 
greater to enter the RNA during LNG tankship transits, provided they 
come no closer than 2 nautical miles to the LNG tankship. Vessels less 
than 1600 gross tons will still be permitted to transit the RNA during 
LNG tankship transits provided they maintain a safe distance from 
transiting LNG tankships. This proposed rule would potentially reduce 
port congestion during LNG transits and decrease delays to vessels, 
facilities and terminals on the Savannah River. A safe distance of two 
nautical miles for vessels 1600 gross tons and greater is necessary to 
protect the safety of life and property on the navigable waters from 
hazards associated with LNG activities.

Discussion of Proposed Rule

    During the movement of an LNG tankship, other vessels of 1600 gross 
tons or greater would be required to maintain a safe distance of two 
nautical miles ahead of, or astern of, the

[[Page 65228]]

transiting LNG tankship. All other requirements in the existing RNA 
remain unchanged. Except for a vessel that is moored at a marina, 
wharf, or pier, and remains moored, no vessel 1600 gross tons or 
greater could approach within two nautical miles of a Liquid Natural 
Gas (LNG) tankship that is underway within the RNA without the 
permission of the Captain of the Port (COTP). This proposed change 
would improve traffic flow on the Savannah River by limiting delays 
caused by the current requirement, which restricts vessels of 1600 
gross tons or greater from entering any part of the RNA during the 
transit of an LNG tankship. The four nautical mile zone (two miles 
upriver and downriver) centered on a transiting LNG tankship will 
maintain public and maritime safety by minimizing the risk of 
collision, allision or grounding and the possible release of LNG.

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 Homeland 
Security.

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. Delays for inbound and outbound traffic due to LNG transits 
will be minimized through this change and through pre-transit 
conferences between the pilots and the Coast Guard Captain of the Port. 
The RNA requirements are less burdensome for smaller vessels, which are 
more likely to be small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposal so that they could better 
evaluate its effects on them and participate in the rulemaking. 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 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 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 record 
keeping

[[Page 65229]]

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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. In Sec.  165.756, paragraph (d)(1)(i) is revised to read as 
follows:


Sec.  165.756  Regulated Navigation Area; Savanah River, Georgia.

* * * * *
    (d) * * *
    (1) * * *
    (i) Except for a vessel that is moored at a marina, wharf, or pier, 
and remains moored, no vessel 1600 gross tons or greater may approach 
within two nautical miles of an LNG tankship that is underway within 
the RNA without the permission of the Captain of the Port (COTP).
* * * * *

    Dated: October 28, 2003.
H.E. Johnson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-28813 Filed 11-18-03; 8:45 am]
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