[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Proposed Rules]
[Pages 25506-25508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11258]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0648]
RIN 1625-AA11


Revision for Regulated Navigation Area; Savannah River, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the regulated navigation 
area (RNA) on the Savannah River located between Fort Jackson, GA 
(32[deg]04.93 N, 081[deg]02.19 W) and the Savannah River Channel 
Entrance Sea Buoy. This document proposes to remove inapplicable and/or 
outdated definitions, processes and requirements in the RNA following a 
change in capability, infrastructure and layout of the Southern 
Liquefied Natural Gas (LNG) facility on the Savannah River. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 2, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0648 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Joseph Palmquist, Coast Guard; 
telephone 912-652-4353 ext. 221, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GT Gross tons
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
RNA Regulated Navigation Area
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On September 10, 2007, the Coast Guard published a final rule 
titled ``Regulated Navigation Area: Savannah River, Savannah, GA'' at 
33 CFR 165.756. (72 FR 51555). That rule established a RNA around the 
Southern LNG facility on the Savannah River at Elba Island. Since 
publishing the previous rule, there have been changes both to the 
facility layout and to the types of vessels that make calls to the 
facility. United States Coast Guard Marine Safety Unit Savannah, GA 
held a public meeting to solicit public input on suggested changes to 
this RNA. The public input we received is described in the Public 
Participation and Request for Comments section of this NPRM. Therefore, 
the U.S. Coast Guard proposes revision of and amendments to the RNA to 
account for these changes and to ensure the safety and security of the 
marine environment during LNG tankship operations. The Coast Guard 
proposes this rulemaking under authority in 46 U.S.C. 70041 (previously 
33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Commander of the Seventh Coast Guard District proposes to amend 
the Southern LNG facility RNA (33 CFR 165.756) as follows. The proposed 
rule removes the definitions of ``Fire Wire'', ``Made-up'', and ``Make-
up'' because these terms do not align with the updated Oil Companies 
International Maine Forum (OCIMF) guidance. Additionally, the proposed 
rule removes requirements for LNG tankships moored inside the LNG 
facility slip because the facility layout and capabilities changed, 
rendering the requirements unnecessary. LNG tankships no longer moor 
outside Southern LNG facility slip; they only moor inside the facility 
slip.
    The current regulation prohibits vessels 1600 gross tons (GT) or 
greater from overtaking within 1000 yards of the LNG facility slip when 
a LNG tankship is present within the slip. This proposed rule would 
instead not allow these vessels to meet nor overtake within the area 
adjacent to either side of the Southern LNG facility slip when an LNG 
tankship is present within the slip. The purpose of changing the 
language to ``adjacent to either side of the LNG facility'' rather than 
an exact distance is due to the changes of the facility layout, 
including the facility no longer having the capabilities or 
infrastructure to moor an LNG tankship outside of the Southern LNG 
facility slip.
    This proposed rule removes the requirements for an LNG tankship 
that is moored outside of the Southern LNG facility slip. Since 
publishing the previous rule, there have been changes both to the 
facility infrastructure and to the types of vessels that make calls to 
the facility. The LNG tankships visiting

[[Page 25507]]

Southern LNG are only moored inside the LNG facility slip, not outside 
the LNG facility slip. The slip outside of the LNG facility no longer 
has the capability to moor LNG tankships. The change to Southern LNG 
facility infrastructure capacity has made these requirements 
unnecessary.
    Finally, the proposed changes remove various requirements for 
vessels within the RNA. Vessels 1600 GT or greater will no longer be 
required to have two towing vessels when passing a LNG tankship moored 
outside of the LNG facility slip. Having two tugs is not required due 
to the change in capability, infrastructure and layout of the Southern 
LNG facility. Specifically, two tugs would not be required based on 
transiting vessel's proximity to LNG tankships moored inside the 
Southern LNG facility slip. Additionally, because transiting vessels 
can communicate and safely transit each other using VHF communications 
the Coast Guard has proposed removing various bridge watch requirements 
for vessels moored at the Southern LNG facility.
    These proposed changes are necessary to ensure the safety of 
persons and property within the RNA during LNG tankship operations and 
transfers after changes in the facility layout. The changes to the 
regulatory text we are proposing appear at the end of this document.

IV. Regulatory Analyses

    We developed this proposed amendment to the Southern LNG facility 
RNA at 33 CFR 165.756 after considering numerous statutes and Executive 
orders related to rulemaking. Below we summarize our analyses based on 
a number of these statutes and Executive orders and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed amendment 
and revision has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    The economic impact of this proposed rule amendment is not 
significant, as the amendment does not impact the area or effective 
period of the current rule, but rather updates definitions and 
processes based on changes both to the facility layout and to the types 
of vessels that make calls to the LNG facility.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
RNA may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a 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.
    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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a RNA when an LNG tankship in 
excess of heel is transiting the area or moored at the LNG facility. 
Normally such actions are categorically excluded from further review 
under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

[[Page 25508]]

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. A public meeting was held on July 25, 2018 to determine whether 
proposed amendments or revisions to the current RNA were necessary. 
Members of the public, representatives from relevant marine industry, 
and members of the Coast Guard were in attendance. One comment was 
received regarding the notice of the public meeting, which was not 
germane to the substance of the proposed changes. A summary of comments 
received during the public meeting is available in the docket.
    One participant proposed removing reference in the regulation to 
LNG tankships being moored outside of the Southern LNG facility slip as 
the facility no longer has this capability because the dock has been 
decommissioned. The Coast Guard agrees and in response to this comment 
proposes removal of any reference to LNG tankships being moored outside 
of the Southern LNG facility slip. The reference ``inside'' and 
``outside'' the LNG facility remains described in various sections to 
avoid confusion as to what infrastructure is being referenced with the 
proposed rule. The proposed rule will only reference LNG tankships 
moored inside Southern LNG facility slip. This reference accurately 
describes where LNG tankship moor at Southern LNG.
    One participant proposed modifying the 1,000-yard area requirement 
in which vessels 1,600 gross tons or greater may pass by the slip by 
removing the 1,000-yard requirement and inserting ``adjacent to the 
slip.'' The Savannah Pilots indicated their concurrence with this 
proposal. The Coast Guard agrees and in response proposes to remove the 
aforementioned 1,000-yard requirement and replace the language 
``adjacent to the slip.''
    One participant suggested that maintaining a bridge watch on the 
LNG vessel was unnecessary. The representative from Shell Shipping and 
Maritime indicated that nowhere else is a bridge watch maintained on an 
LNG vessel, and recommended eliminating the requirement. The 
representative from the Savannah Maritime Association requested 
information on how to communicate with passing vessels and the use of 
VHF communications. The Coast Guard agrees with the recommendation, and 
proposes to eliminate the requirement for a bridge watch.
    One participant requested an estimated number of times the RNA 
would be enacted in a year. The representative from Kinder Morgan 
estimated 36 vessels per year would import LNG to the Southern LNG 
facility.
    One participant suggested definitions of different types of 
vessels, such as barges and tankships, should be added to the current 
regulation. The representative from Kinder Morgan suggested that barges 
are not tankships and as such should not be included in the regulation. 
The Coast Guard agrees, and does not propose to include any such 
definitions at this time.
    Several comments received considered the use of the RNA by barges 
and the need for inclusion. The Coast Guard does not believe reference 
to barges in the current regulation is required at this time.
    The Coast Guard will consider all comments and material received 
during the comment period to this proposal. Your comment can help shape 
the outcome of this rulemaking. If you submit a comment, please include 
the docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and160.5; Department of Homeland Security Delegation No. 0170.1.

0
 2. Amend Sec.  165.756 by:
0
a. Removing in paragraph (b), the definitions for ``Fire Wire'', 
``Made-up'', and ``Make-up'';
0
b. Removing paragraphs (d)(2), (d)(4), (d)(5) and (d)(6); redesignate 
paragraph (d)(3) as paragraph (d)(2);
0
 c. Removing in newly designated paragraphs (d)(2)(i) and (ii), the 
words ``as directed by the LNG vessel bridge watch required in 
paragraph (d)(5) of this section.'' and
0
 d. Adding new paragraph (d)(3) to read as follows:


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

* * * * *
    (d) * * *
    (3) Requirements for other vessels while within the RNA. (i) 
Vessels 1,600 gross tons or greater shall at a minimum, transit at bare 
steerageway when within an area 1,000 yards on either side of the LNG 
facility slip to minimize potential wake or surge damage to the LNG 
facility and vessel(s) within the slip.
    (ii) Vessels 1,600 gross tons or greater shall not meet nor 
overtake within the area adjacent to either side of the LNG facility 
slip when an LNG tankship is present within the slip.
    (iii) Except for vessels involved in those operations noted in 
paragraph (c) of this section entitled Applicability, no vessel shall 
enter the LNG facility slip at any time without the permission of the 
Captain of the Port.
* * * * *

    Dated: May 24, 2019.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-11258 Filed 5-31-19; 8:45 am]
 BILLING CODE 9110-04-P