[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Rules and Regulations]
[Pages 27244-27246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9230]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone due 
to recent 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, located at approximately 32[deg]05.01[min] N, 
080[deg]59.38[min] W, to the southeastern most mooring dolphin, located 
at approximately 32[deg]04.79[min] N, 080[deg]59.35[min] W, 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 rule is effective June 14, 2007.

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 [COTP Savannah 06-160], and are 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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 9, 2007, we published an interim rule with request for 
comments titled Security Zone, Elba Island LNG Mooring Slip, Savannah 
River, Savannah, GA in the Federal Register (72 FR 907). We received 
one comment on the rule. No public meeting was requested, and none was 
held.

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 a recent incident where on June 6, 
2006, 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

[[Page 27245]]

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 recent incident of June 6, 2006, discussed above, 
the hazards associated with the transportation of LNG, and the 
expansion of Elba Island LNG facility necessitates this rule. 
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 a LNG ship arrival.

Discussion of Comments and Changes

    We received one comment concerning the position of the southeastern 
most mooring dolphin. The published position of the mooring dolphin was 
32[deg]04.49[min] North, 080[deg]59.20[min] West. This was an incorrect 
position, and should have been 32[deg]04.79[min] North, 
080[deg]59.35[min] West. The final rule has been revised to reflect the 
correct position of the southeastern most mooring dolphin.
    Additionally, the Interim Rule with request for comments 
incorrectly referred to 33 CFR 165.13 as the cite for Security Zone 
General Regulations. The correct citation for Security Zone General 
Regulations is 33 CFR 165.33. The final rule is changed to reflect the 
correct General Regulation citation.
    Aside from these two changes, we have adopted the interim rule as 
final.

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

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 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 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.

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.

[[Page 27246]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
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, 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. Revise Sec.  165.751 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]04.79' North, 080[deg]59.35' 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).
    (d) Reporting of Violations. Violations of this section should be 
reported to the Captain of the Port, Savannah, at (912) 652-4353.

    Dated: April 23, 2007.
D.W. Murk,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. E7-9230 Filed 5-14-07; 8:45 am]
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