[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20596-20598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06894]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Regulated Navigation Area; Savannah River, GA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending an existing regulated navigation 
area (RNA) on the Savannah River located between Fort Jackson, GA and 
the Savannah River Channel Entrance Sea Buoy. This rule removes 
inapplicable and/or outdated definitions, processes and requirements in 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.

DATES: This rule is effective May 14, 2020.

ADDRESSES: To view documents mentioned in this preamble go to: http://www.regulations.gov and enter USCG-2018-0648 in the ``SEARCH'' feature. 
Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT:  If you have questions on this rule, 
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
COTP Captain of the Port
RNA Regulated Navigation Area
DHS Department of Homeland Security
GT Gross Tons
LNG Liquefied Natural Gas
FR Federal Register
GA Georgia
FiFi Fire Fighting
NPRM Notice of proposed rulemaking
BNM Broadcast Notice to Mariners
Sec.  Section
U.S.C. United States Code
OMB Office of Management and Budget

II. Background Information and Regulatory History

    A notice of proposed rulemaking (NPRM) entitled ``Revision for 
Regulated Navigation Area; Savannah GA'' was published in the Federal 
Register on June 13, 2019 (84 FR 25506). The NPRM proposed 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 in 33 CFR 165.756. The NPRM proposed 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remove inapplicable and/or outdated definitions, processes and 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. The NPRM provided for a 60-day comment 
period, which closed on August 12, 2019. We received three comments on 
the NPRM that are addressed below.

III. Legal Authority and Need for the Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. Through the NPRM and commenting period, the Coast Guard 
has determined that the RNA needs to be amended to remove inapplicable 
and/or outdated definitions, processes, and requirements due to changes 
in capability, infrastructure, and layout of the Southern LNG facility 
on the Savannah River.

IV. Discussion of Comments and Changes to the Rule

A. Discussion of Comments

    The Coast Guard received three comment submissions from the public 
in response to the proposed rule. Two of the comments proposed 
additional amendments and/or changes. One comment agreed to the Coast 
Guard's proposed amendments to the RNA. The comments that proposed 
additional amendments were from companies and/or parties directly 
involved or impacted by the RNA, and the final comment received was 
from a private citizen. All three comments received are discussed 
below.
    The first comment agreed with the proposed changes; however, it 
proposed further sections of the existing RNA, originally published on 
September 10, 2007, be amended. The commenter proposed removal of three 
paragraphs from the original RNA in Sec.  165.756: (d)(1)(iii)(D), 
(d)(3)(i), and (d)(3)(ii). This recommendation is due to the 
possibility of smaller vessels calling to port at the Southern LNG 
Facility in the future. The commenter's first preference is to remove 
these paragraphs, but in the alternative, proposed to amend the three 
paragraphs to apply only to LNG Tankships with cargo capacity of over 
120,000 m\3\. In alignment with the purpose of this rule--to adapt the 
RNA to the facility changes--the Coast Guard agrees that stating which 
requirements apply only to large LNG Tankships will provide additional 
clarity to the applicability of these requirements. This final rule 
further amends existing Sec.  165.756(d)(1)(iii)(D), (d)(3)(i), and 
(d)(3)(ii) (redesignated by this rule as Sec. Sec.  
165.756(d)(1)(iii)(D), (d)(2)(i), and (d)(2)(ii), respectively) by 
adding a statement that the requirements of those paragraphs only apply 
to LNG Tankerships with cargo capacity of over 120,000 m\3\.
    The second commenter expressed concern with removing paragraph 
(d)(5) of Sec.  165.756 as proposed in the NPRM due to potential safety 
concerns. The commenter stated that, ``By removing the Docking Pilot as 
a watch stander on the bridge of an LNG Tankship, one of the layers of 
safety is being eliminated.'' While the Coast Guard agrees that having 
a docking pilot onboard each moored vessel could have a positive impact 
on the emergency response to a potential incident, this is not a 
standard practice among other LNG facilities, nor is this a requirement 
for other deep draft vessels moored throughout the Port of Savannah. In 
addition, it is a standard practice for the vessel to maintain a bridge 
watchstander while moored. No LNG vessels moor outside of the slip at 
Southern LNG at Elba Island due to the changes in the facility layout. 
Therefore, the passing arrangements and communications this 
watchstander facilitated are no longer necessary. For these reasons, we 
believe the requirement in paragraph (d)(5) to have an additional 
watchstander on the bridge, such as a docking pilot, is an unnecessary 
burden and are removing this requirement with this final rule. LNG 
tankship vessels mooring in this

[[Page 20597]]

RNA can still utilize a bridge watch or docking pilot, if desired.
    The third and final comment stated that all of the proposed changes 
in the NPRM are reasonable. The commenter agreed with the revision of 
Sec.  165.756 due to changes in the facility layout and types of 
vessels hailing to the facility. The commenter opined that the input 
from the public meeting and comments received on the NPRM further 
supports that changes to this RNA are necessary to ensure the safety of 
operations and to appropriately reflect on the changes to the 
facility's layout.
    Additionally, since the publication of the proposed rule, paragraph 
(f) of Sec.  165.756 was deleted by a separate final rule titled 
``Navigation and Navigable Waters, and Shipping; Technical, 
Organizational, and Conforming Amendments for U.S. Coast Guard Field 
Districts 5, 8, 9, 11, 13, 14, and 17'' (85 FR 8169, Feb. 13, 2020) 
noting that it is an outdated penalty provision.

B. Discussion of Changes

    This rule contains three types of changes in the regulatory text 
from the regulatory text proposed in the NPRM. First, based on the 
comments received from the NPRM, the Coast Guard will amend Sec.  
165.756 paragraphs (d)(1)(iii)(D), (d)(3)(i), and (d)(3)(ii) to clarify 
the requirements therein are only applicable to LNG Tankships with a 
cargo capacity of over 120,000 m\3\.
    Secondly, additional verbiage concerning communications, previously 
required in paragraph (d)(6)(ii) of this section, will be moved into 
the newly added paragraph (d)(3). The additional language will require 
vessels 1,600 gross tons or greater to make a broadcast on channel 13 
at Buoys ``33'' and ``53'' to ensure awareness of vessel location 
amongst pilots, tugs, and any other inbound and outbound vessels. 
Additionally, this paragraph will state that the Coast Guard will issue 
a Broadcast Notice to Mariners (BNM) on channel 16 to ensure public 
awareness of RNA enforcement. The communication methods added in 
paragraph (d)(3) will help ensure safe navigation and situational 
awareness.
    Third, since publication of the NPRM, the existing paragraph (f) 
concerning enforcement was eliminated from Sec.  165.756.

V. Regulatory Analyses

    We developed this rule 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 the 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the RNA. Vessel traffic will be 
able to safely transit through the RNA with only the few restrictions 
mentioned in the rule. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the RNA, and 
there will be communication and coordination with the River Pilots, 
tugs, and the facility. Furthermore, the RNA has been in place since 
2007, and the Coast Guard has only made minor revision to the rule to 
update the RNA.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
RNA may be small entities, for the reasons stated in section V.A. 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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). 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.

C. Collection of Information

    This rule will 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 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 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. If 
you believe this 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

[[Page 20598]]

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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 rule involves an RNA 
lasting a minimum amount of time on the Savannah River when a LNG 
tankship in excess of heel is transiting the area or moored at the LNG 
facility. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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


0
2. Amend Sec.  165.756 by:
0
a. In paragraph (b), removing the definitions for ``Fire Wire'', 
``Made-up'', and ``Make-up'';
0
b. Revising paragraphs (d)(1)(iii)(D), (d)(2) and (3); and
0
c. Removing paragraphs (d)(4), (d)(5) and (d)(6).
    The revisions read as follows:


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

* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (D) While transiting the RNA, LNG Tankships of cargo capacity over 
120,000 m\3\, carrying LNG in excess of heel, shall have a minimum of 
two escort towing vessels with a minimum of 100,000 pounds of bollard 
pull, 4,000 horsepower, and capable of safely operating in the indirect 
mode. At least one of the towing vessels shall be FiFi Class 1 
equipped.
    (2) Requirements while LNG tankships are moored inside the LNG 
facility slip. (i) An LNG Tankship of cargo capacity over 120,000 m\3\, 
moored inside the LNG facility slip shall have two standby towing 
vessels with a minimum capacity of 100,000 pounds of bollard pull, 
4,000 horsepower, and the ability to operate safely in the indirect 
mode. At least one of the towing vessels shall be FiFi Class 1 
equipped. The standby towing vessels shall take appropriate action in 
an emergency.
    (ii) If two LNG tankships of cargo capacity over 120,000 m\3\ are 
moored inside the LNG facility slip, each vessel shall provide a 
standby towing vessel that is FiFi Class 1 equipped with a minimum 
capacity of 100,000 pounds of bollard pull and 4,000 horsepower that is 
available to assist.
    (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 make a broadcast on 
channel 13 at the following points on the Savannah River:
    (A) Buoy ``33'' in the vicinity of Fields Cut for inbound vessels;
    (B) Buoy ``53'' in the vicinity of Fort Jackson for outbound 
vessels.
    (iii) 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.
    (iv) 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. The Coast Guard will issue a Broadcast Notice to 
Mariners on channel 16 upon enforcement of this RNA.
* * * * *

    Dated: March 27, 2020.
E.C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2020-06894 Filed 4-13-20; 8:45 am]
 BILLING CODE 9110-04-P