[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21067-21068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8867]


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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: Final rule.

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SUMMARY: The Coast Guard is amending the regulated navigation area on 
the Savannah River to improve vessel traffic flow during Liquid Natural 
Gas (LNG) tankship transits. This change will 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 to the LNG vessel 
without specific authorization from the Captain of the Port. This 
amendment will improve the flow of vessel traffic on the Savannah River 
during LNG transits while still providing for the safety of vessels on 
the navigable waterways.

DATES: This rule is effective May 20, 2004.

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 [CGD07-03-147] and are available for inspection or 
copying at Coast Guard Marine Safety Office Savannah, Juliette Gordon 
Low Federal Building, Suite 1017, 100 W. Oglethorpe, Savannah, Georgia 
31401, between 7:30 a.m. and 4:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Lawrence Greene, 
Marine Safety Office Savannah; phone (912) 652-4353, extension 205.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 19, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area: Savannah River, Savannah GA, 
in the Federal Register (68 FR 65227). We received no public comments 
on the proposed rule. No public hearing was requested, and none was 
held. No other documents were published as part of this rulemaking.

Background and Purpose

    The port of Savannah currently receives 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. The existing regulation 
restricts vessel movement and extends from Fort Jackson, which is 
upriver from the Elba Island LNG facility, down the length of the 
Savannah River and offshore to the Savannah River Channel Entrance Sea 
Buoy (67 FR 46865). After over two years of experience with LNG 
tankship transits on the Savannah River, the Coast Guard is changing 
the existing regulation in order 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 transiting 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 rule will 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 Comments and Changes

    No comments were received and no changes were made in the proposed 
amendment to the Regulated Navigation Area.

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 (DHS).

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 under this final rule are less burdensome for 
smaller vessels, which are more likely to be small entities.

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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may 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

[[Page 21068]]

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. No comments were submitted regarding this section.

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

Taking of Private Property

    This rule will 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 may 
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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.


0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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, 195; 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.


0
2. In Sec.  165.756, paragraph (d)(1)(i) is revised to read as follows:


Sec.  165.756  Regulated Navigation Area; Savannah 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 a LNG tankship that is underway within the 
RNA without the permission of the Captain of the Port (COTP).
* * * * *

    Dated: March 28, 2004.
H.E. Johnson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-8867 Filed 4-19-04; 8:45 am]
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