[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Proposed Rules]
[Pages 3442-3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-654]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD07-05-138]
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 amend the Regulated Navigation 
Areas for Savannah River, Georgia. Two new berths have been created at 
the Liquefied Natural Gas (LNG) facility on the Savannah River and the 
current regulation only addresses facility and vessel requirements when 
an LNG vessel is underway, or is moored parallel to the navigational 
channel outside of the slip. The current regulation is no longer 
adequate and the proposed changes address the addition of the new 
berths and requirements for three different mooring situations.

DATES: Comments and related material must reach the Coast Guard on or 
before March 24, 2006.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Unit Savannah, Juliette Gordon Low Federal Building, 
Suite 1017, 100 W. Oglethorpe, Savannah, Georgia 31401. Coast Guard 
Marine Safety Unit 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 
[CGD07-05-138], will become part of this docket and will be available 
for inspection or copying at Marine Safety Unit 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, 
Chief of Response, Marine Safety Unit Savannah; (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 [CGD07-05-
138], indicate the specific section of this document to which each 
comment applies, and give the reason for each

[[Page 3443]]

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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Unit Savannah (see 
ADDRESSES above) 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

    In May of 2002, Southern LNG Inc. submitted a letter of intent to 
expand the LNG facility on Elba Island that would nearly double LNG 
storage capacity and substantially increase the number of LNG tankship 
arrivals. The Coast Guard's endorsement was based upon the relocation 
of the primary LNG mooring facility in order to reduce the risk of 
allision and subsequent breaching of an LNG tankship's cargo tank. In 
order to address the Coast Guard's concerns, Southern LNG Inc. 
initiated a project to create a protected docking slip that allows for 
simultaneous LNG transfers from vessels. This expansion, scheduled for 
completion in late 2005, significantly reduces the level of risk 
associated with LNG tankship operations and vessels transiting near the 
LNG facility. This rule updates the current RNA and accounts for future 
LNG operations involving all tankship mooring configurations.

Discussion of Proposed Rule

    The proposed RNA accounts for three potential mooring arrangements 
during operations at the new berths. All of these requirements are 
intended to reduce the risk associated with marine LNG transfer 
operations. On-scene towing vessels will be able to respond immediately 
during an emergency involving an LNG tankship or vessel transiting near 
a moored LNG tankship conducting transfer operations.
    Certain security operations will be exempt from the proposed rule. 
This will allow facility owned or operated security vessels as well as 
state and local law enforcement vessels to operate freely within the 
RNA.
    The LNG facility will be required to 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 LNG tankships that are moored outside of the LNG facility. 
Additionally, the LNG facility will be required to provide at least one 
standby towing vessel with a minimum of 90,000 pounds of bollard pull 
to take appropriate actions in an emergency as directed by the LNG 
vessel bridge watch.
    When a LNG tankship is moored only inside the new slip, the LNG 
facility will be required to station two standby 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, to 
take appropriate actions in an emergency. These towing vessels will be 
on scene to respond to any emergency situation for the LNG tankship 
moored within the slip or for vessels transiting the Savannah River 
past the LNG facility.
    To limit delays to other vessels operating within the RNA, we 
propose to allow vessels of 1600 gross tons or greater to pass the 
facility while the LNG tankships are maneuvering and mooring outside of 
the Savannah River shipping channel and within the facility confines 
(i.e., inside of the slip).
    We propose to add a requirement for emergency towing wires (fire 
wires) to follow standard industry practice and ensure the vessels are 
immediately available for emergency towing.
    We propose to add vessel operating restrictions to ensure safe LNG 
transfer operations due to anticipated hydrodynamic effects on the 
water within the LNG slip.
    We propose to add safety and security requirements in 33 CFR 
165.756(d)(6)(v) to prevent unnecessary vessels from entering the LNG 
slip.
    In the interest of port security, this proposed rule also 
eliminates the requirement to issue a Broadcast Notice to Mariners on 
scheduled LNG tankship activities while the restrictions imposed by 
this section are in effect. The level of safety introduced by 
broadcasting LNG tankship schedules to the general public via marine 
radio does not outweigh the potential security impacts. Additionally, 
river pilots, who operate all vessels over 200 gross tons in the 
Savannah River, are aware of the LNG tankship transit times. While 
transiting within the RNA, the LNG tankships will generally be escorted 
by two towing vessels and security vessels that can affect notice of 
this rule to any vessels not requiring a river pilot.
    To ensure the timeliness of response operations and maximize safety 
and security, the waiver authority in this rule has been modified to 
allow verbal or written waivers by the Captain of the Port.

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 
Homeland Security.
    Because this proposed rule will minimize delays for inbound and 
outbound traffic during LNG vessel transits, we expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary.

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 amended 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.

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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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed 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 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 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 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 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation as this 
regulation is a special local regulation. A preliminary ``Environmental 
Analysis Check List'' is available in the docket where indicated under 
ADDRESSES. Comments on this section will be considered before we make 
the final decision on whether this rule should be categorically 
excluded from further environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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 reads 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. Revise Sec.  165.756 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.

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    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, security, or search and rescue;
    (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 
an LNG tankship.
    (d) Regulations. (1) Requirements for the LNG facility while a LNG 
tankship is moored outside of the LNG facility slip or while LNG 
tankships are moored both inside the LNG facility slip and outside the 
LNG facility slip. (i) The operator of the facility where an LNG 
tankship is moored outside of the LNG facility slip 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)(3)(i) of this section, the 
operator of the facility where the LNG tankship is moored outside of 
the slip shall provide at least one standby towing vessel with a 
minimum of 90,000 pounds of bollard pull to take appropriate actions in 
an emergency as directed by the LNG vessel bridge watch required in 
(d)(7) of this section.
    (2) Requirements for the LNG facility while an LNG tankship is 
moored only inside the LNG facility slip. The operator of the facility 
where one or more LNG tankships are moored in the LNG facility slip and 
no LNG tankship is present at the pier outside the slip, shall station 
two standby 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, to take appropriate actions in an 
emergency as directed by the LNG vessel bridge watch required in (d)(7) 
of this section.
    (3) Requirements for vessel operations while a LNG tankship is 
underway within the Savannah River Shipping Channel 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 may approach 
within two nautical miles of a LNG tankship that is underway within the 
Savannah River shipping channel 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 and 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.
    (B) Obtain permission from the COTP before commencing the transit 
into the RNA.
    (C) 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.
    (D) While transiting the RNA, the LNG tankship shall have 
sufficient towing vessel escorts.
    (4) Requirements for vessel operations while a LNG tankship is 
within the LNG Facility and outside the Savannah River Shipping Channel 
within the RNA. Vessels of 1600 gross tons or greater may pass the 
facility while the LNG tankships are maneuvering and mooring outside of 
the Savannah River shipping channel and within the facility confines 
(i.e., inside of the slip).
    (5) Requirements for vessels 1600 gross tons or greater and within 
the RNA when passing a LNG Tankship moored outside of the LNG Facility 
slip. (i) Transiting vessels 1600 gross tons or greater, when passing a 
LNG tankship moored outside of the LNG facility slip, 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)(1) 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.
    (ii) Vessels 1600 gross tons or greater shall not meet nor overtake 
within an area 1,000 yards on either side of the LNG facility slip and 
shall transit that area at minimum safe speed when an LNG tankship is 
present within the slip.
    (6) Requirements for all other vessels within the RNA. All vessels 
less than 1600 gross tons shall not approach within 70 yards of an LNG 
tankship nor shall any vessel enter the LNG Facility slip without the 
permission of the Captain of the Port.
    (7) Requirements for moored LNG tankships. (i) While moored within 
the RNA, LNG tankships shall maintain a bridge watch consisting of a 
docking pilot or licensed deck officer to monitor vessels passing and 
to coordinate the actions of the towing vessel(s) required in this 
section and in the event of emergency.
    (ii) While moored within the RNA, LNG tankships shall have 
emergency towing wires (fire wires), positioned one meter above the 
waterline, both on the off-shore bow and quarter of the ship.
    (e) 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. Such waivers may be made verbally 
or in writing.
    (2) An application for a waiver must state the compelling need for 
the waiver and describe the proposed operation

[[Page 3446]]

and methods by which adequate levels of safety and security are to be 
obtained.
    (f) Enforcement. 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: December 27, 2005.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-654 Filed 1-20-06; 8:45 am]
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