[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Rules and Regulations]
[Pages 907-910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-38]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP SAVANNAH 06-160]
RIN 1625-AA87


Security Zone, Elba Island LNG mooring Slip, Savannah River, 
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a permanent security zone due 
to changes in Liquefied Natural Gas (LNG) tankship mooring arrangements 
following the activation of two new berths within a slip at the 
Southern LNG Facility on the Savannah River. The security zone includes 
all the waters from surface to bottom of the northeastern most mooring 
dolphin to the southeastern most mooring dolphin and continues west 
along the North and South shoreline of the mooring slip to the 
shoreline of the right descending bank of the Savannah River. This 
regulation is necessary to protect life and property on the navigable 
waters of the Savannah River and within the LNG slip due to potential 
security risks associated with the LNG Facility.

DATES: This interim rule is effective January 9, 2007. Comments and 
related material must reach the Coast Guard on or before March 12, 
2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
[COTP Savannah 06-160], will become part of this docket and will be 
available for inspection or copying at Marine Safety Unit 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 Robert Webb, Waterways 
Management Officer, Marine Safety Unit Savannah; (912) 652-4353.



[[Page 908]]

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 an NPRM. To protect the LNG slip from 
potential sabotage and unauthorized access prior to a LNG ship arrival, 
we are publishing this interim rule with request for comments that will 
become effective upon publication in the Federal Register. 
Additionally, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this interim rule effective upon publication in 
the Federal Register. Delaying implementation of this rule any longer 
to await public notice and comment would be contrary to the public 
interest because of the adverse effect on the safety of navigation in 
the Savannah River, vessel congestion, and the safety and security of 
LNG transfer operations in the port.
    Even though, we did not publish an NPRM, we still encourage you to 
participate in this rulemaking by submitting comments and related 
material to the docket. We will accept comments for 60 days, after 
which we intend to publish the final rule. If you submit comments, 
please include your name and address, identify the docket number for 
this rulemaking [COTP Savannah 06-160], 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 interim rule in view of them.

Public Meeting

    We do not plan to hold a public meeting on the interim rule. But 
you may submit a request for a meeting by writing to MSU 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 the LNG 
storage capacity and substantially increase the number of LNG tankship 
arrivals. The expansion project, completed in early 2006, resulted in 
the creation of two new berths within a slip at the Southern LNG 
Facility on the Savannah River. The design of the new slip 
inadvertently creates a safe refuge off the Savannah River with 
unrestricted access to LNG berths. As a result, the LNG facility and 
arriving LNG vessels are put at risk of sabotage or other adverse 
action that could result in significant damage to property and loss of 
life.
    This concern was confirmed by an incident on June 6, 2006, when a 
sailing vessel entered the LNG slip and anchored for six hours, one day 
before the scheduled arrival of an LNG carrier. This incident raised 
security concerns and prompted the LNG facility to conduct a visual 
inspection of the above water mooring features and a complete 
underwater survey, in turn delaying the LNG vessel. The visual 
inspection and underwater survey was necessary to ensure no objects 
that could potentially harm the vessel or facility were left in the 
slip. Although the incident did not result in any harm to the facility 
or vessel, it was recognized by the Coast Guard that a potential 
vulnerability exists in the security of the LNG slip.
    Additionally, as the demand for natural gas continues to grow, 
Southern LNG plans to expand its current operation, potentially 
increasing both the size and frequency of LNG vessel arrivals and 
further concerns over a potential accidental spill or intentional 
release of LNG. The risks and hazards from an LNG spill will vary 
depending on the size of the spill, environmental conditions, and the 
site at which the spill occurs. Hazards can include cryogenic burns to 
the ship's crew and people nearby or potential damage to the LNG ship 
from contact with the cryogenic LNG. Vaporization of the liquid LNG can 
occur once a spill occurs and subsequent ignition of the vapor cloud 
could cause fires and overpressures that could injure people or cause 
damage to the tanker's structure, other LNG tanks, or nearby 
structures.
    Therefore, the incident of June 6, 2006, discussed above, the 
hazards associated with the transportation of LNG, and the expansion of 
Elba Island LNG facility necessitate making this interim rule effective 
upon publication with a 60-day request for comment period. 
Additionally, this security zone is necessary to protect the berths and 
moored LNG vessels within the LNG slip from potential sabotage and 
unauthorized access prior to an LNG ship arrival.

Discussion of Interim Rule

    The Security Zone encompasses the following area: All the waters 
from surface to bottom of the northeastern most mooring dolphin located 
at approximately 32[deg] 05.01' North, 080[deg] 59.38' West, to the 
southeastern most mooring dolphin located at approximately 32[deg] 
04.49' North, 080[deg] 59.20' West, and continues west along the North 
and South shoreline of the mooring slip to the shoreline of the right 
descending bank of the Savannah River. All marine traffic is prohibited 
from entering this zone unless authorized by the Captain of the Port 
(COTP).

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. These 
regulations will have minimal impact on recreational and commercial 
vessels and is necessary to protect the berths and moored LNG vessels 
within the LNG slip from potential sabotage and unauthorized access 
prior to an LNG ship arrival. This security zone is outside the channel 
and outside recreational vessel grounds. It encompasses waters inside 
the LNG terminal piers. Therefore, it should have a minimal impact on 
recreational and commercial vessels.

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. This security zone will only restrict access to a limited 
area, immediately surrounding an LNG facility, where vessels should not 
be operating due to the danger associated with the facility.

[[Page 909]]

    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. This interim rule would not result in such an expenditure.

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 have analyzed this rule under Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. A final ``Environmental Analysis Checklist'' and a final 
``Categorical Exclusion Determination'' are 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, Safety measures, Waterways.


0
For the reasons discussed 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. A Section 165.751 is added to read as follows:


Sec.  165.751  Security Zone: LNG mooring Slip, Savannah River, 
Savannah, Georgia.

    (a) Security Zone. The following area is a security zone: All the 
waters from surface to bottom of the northeastern most mooring dolphin 
located at approximately 32[deg]05.01' North, 080[deg]59.38' West, to 
the southeastern most mooring dolphin located at approximately 
32[deg]04.49' North, 080[deg]59.20' West, and continues west along the 
North and South shoreline of the mooring slip to the shoreline of the 
right descending bank of the Savannah River. All marine traffic is 
prohibited from entering this zone unless authorized by the Captain of 
the Port (COTP).
    (b) Applicability. This section applies to all vessels 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 security zone; or (4) actively engaged 
in escort, maneuvering, or support duties for an LNG tankship.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Savannah or 
vessels engaged in activities defined in paragraph (b).

[[Page 910]]

    (d) Reporting of Violations. 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 
security zone contrary to the provisions of this section.

    Dated: October 27, 2006.
D.W. Murk,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 07-38 Filed 1-8-07; 8:45 am]
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