2448 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

■ a. Redesignating paragraphs (c)(3) and 

(c)(4) as paragraphs (c)(4) and (c)(5) 

respectively. 

■ b. Adding new paragraph (c)(3). 

■ c. Revising paragraphs (g)(2) and 

(g)(3)(i) introductory text. 

■ d. Adding new paragraphs (g)(3)(i)(D) 

and (g)(3)(i)(E) to read as follows: 

§ 199.17 TRICARE Program. 

* * * * * * 

(c) * * * 

(3) Survivors of Deceased Members. (i) 

The spouse of a member who dies while 

on active duty for a period of more than 

30 days is eligible to enroll in Prime for 

a 3 year period beginning on the date of 

the member’s death. For the three year 

period, surviving spouses of a member 

who dies while on active duty for a 

period of more than 30 days are subject 

to the same rules and provisions as 

dependents of active duty members. 

(ii) A dependent child or unmarried 

person (as described in § 199.3(b)(2)(ii), 

or (b)(2)(iv)) of a member who dies 

while on active duty for a period of 

more than 30 days whose death 

occurred on or after October 7, 2001, is 

eligible to enroll in Prime and is subject 

to the same rules and provisions as 

dependents of active duty members for 

a period of three years from the date the 

active duty sponsor dies or until the 

surviving eligible dependent: 

(A) Attains 21 years of age, or 

(B) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

* * * * * 

(g) * * * 

(2) Active duty family member. For 

purposes of this paragraph (g), the term 

‘‘active duty family member’’ means one 

of the following dependents of an active 

duty member of the Uniformed Services: 

(i) Spouse, child, or unmarried 

person, as defined in paragraphs § 199.3 

(b)(2)(i), (b)(2)(ii) or (b)(2)(iv); 

(ii) For a 3-year period, the surviving 

spouse of a member who dies while on 

active duty for a period of more than 30 

days whose death occurred on or after 

October 7, 2001; and 

(iii) The surviving dependent child or 

unmarried person, as defined in 

paragraphs § 199.3 (b)(2)(ii) or (b)(2)(iv), 

of a member who dies while on active 

duty for a period of more than 30 days 

whose death occurred on or after 

October 7, 2001. Active duty family 

member status is for a period of 3 years 

from the date the active duty sponsor 

dies or until the surviving eligible 

dependent: 

(A) Attains 21 years of age, or 

(B) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

(3) Eligibility. (i) An active duty 

family member is eligible for TRICARE 

Prime Remote for Active Duty Family 

Members if he or she is eligible for 

CHAMPUS and, on or after December 2, 

2003, meets the criteria of (g)(3)(i)(A) 

and (g)(3)(i)(B) or (g)(3)(i)(C) of this 

section or on or after October 7, 2001, 

meets the criteria of (g)(3)(i)(D) or 

(g)(3)(i)(E) of this section: 

* * * * * 

(D) For a 3 year period, the surviving 

spouse of a member who dies while on 

active duty for a period of more than 30 

days whose death occurred on or after 

October 7, 2001. 

(E) The surviving dependent child or 

unmarried person as defined in 

paragraphs § 199.3 (b)(2)(ii) or (b)(2)(iv), 

of a member who dies while on active 

duty for a period of more than 30 days 

whose death occurred on or after 

October 7, 2001, for three years from the 

date the active duty sponsor dies or 

until the surviving eligible dependent: 

(1) Attains 21 years of age, or 

(2) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

* * * * * 

Dated: January 10, 2007. 

L. M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E7–709 Filed 1–18–07; 8:45 am] 

BILLING CODE 5001–06–P 

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: Interim rule with request for 

comments. 

SUMMARY: On January 23, 2006, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) to revise 

the regulated navigation area in 

Savannah, Georgia, to address changes 

in Liquefied Natural Gas (LNG) tankship 

mooring locations following the creation 

of two new berths within a slip at the 

Southern LNG facility on the Savannah 

River. The previous rule only addressed 

facility and vessel requirements when 

an LNG vessel was underway or was 

moored parallel to the navigational 

channel outside of the slip. This interim 

rule describes requirements for three 

different potential mooring situations 

following the expansion: an LNG 

tankship moored outside of the slip, one 

or more LNG tankships moored inside 

the slip, and LNG tankships moored 

both inside and outside of the slip. This 

interim rule will become effective on 

February 20, 2007. However, 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 from 

the date this rule is published in the 

Federal Register, after which we intend 

to publish a final rule. Any comments 

received will be considered in the final 

rule. This interim rule is necessary to 

ensure safe navigation of the Savannah 

River and the safe transfer of LNG in the 

Port of Savannah. 

DATES: This interim rule is effective 

February 20, 2007. Comments and 

related material must reach the Coast 

Guard on or before March 20, 2007. 

ADDRESSES: 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, 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. 


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FOR FURTHER INFORMATION CONTACT: 

Lieutenant Robert Webb, Waterways 

Management Officer, Marine Safety Unit 

Savannah; (912) 652–4353. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On January 23, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Regulated Navigation Area: 

Savannah River, Savannah, GA’’ (71 FR 

3442). To ensure the safe transfer of 

liquefied Natural Gas in the port of 

Savannah, we are publishing this 

interim rule that will become effective 

February 20, 2007. However, 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 consider received 

comments and publish a final rule. If 

you submit comments, 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 comment. Please submit all 

comments and related material in an 

unbound format, no larger than 81⁄2 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. We did not receive a 

request for a public meeting in response 

to the notice of proposed rulemaking 

and we did not hold a public meeting. 

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 positive endorsement was 

contingent 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(s). To meet this 

Coast Guard requirement, Southern LNG 

Inc. initiated a project to create a 

protected docking slip designed to allow 

simultaneous LNG transfers from 

vessels. This expansion, completed 

early in 2006, significantly reduced the 

level of risk associated with LNG 

tankship operations and vessels passing 

by the LNG facility. This interim rule 

addresses the three possible tankship 

mooring configurations now available to 

LNG tankships. The three possible 

tankship mooring configurations 

available to LNG tankships are LNG 

vessels moored inside the slip, outside 

the slip, and a combination of inside 

and outside the slip. 

Discussion of Comments and Changes 

to the Proposed Rule 

A single commentor submitted several 

comments to the Coast Guard during the 

NPRM comment period (71 FR 3442). 

Several comments stated that the 

requirement for standby tugs should be 

eliminated as unnecessarily duplicative 

of the new slip and the infrastructure 

and procedures already in place to 

prevent an LNG spill. The Coast Guard 

does not believe the use of standby tugs 

is duplicative. The use of standby tugs 

to attend moored LNG vessels is a 

common practice in the LNG industry 

with the tugs having the general duties 

of providing a ready means of assistance 

to maintain a safe area around the LNG 

vessel, provide emergency firefighting 

assistance, and aid the LNG vessel in 

the event of an emergency departure. 

For example, Coast Guard Sector 

Baltimore requires one tractor tug to be 

on scene and two tractor tugs to be on 

a 10-minute standby. Also, the vessel 

operators and/or LNG facility in the 

ports of Lake Charles and Ponce, 

Louisiana, require standby tugs 

although there is no Coast Guard 

requirement. 

Due to the Southern LNG facility’s 

location on the Savannah River, 

approximately 8 nautical miles from the 

busiest area of the port, it is unlikely 

that tug assistance could arrive in a 

reasonable amount of time or guarantee 

that they would be available at all in the 

event of an emergency if tugs are not 

dedicated to standby duties in the 

immediate vicinity of the moored LNG 

tankship. Therefore, the requirement for 

two standby towing vessels to take 

appropriate actions in an emergency 

remains. Additionally, the definition of 

standby was slightly modified to mean 

readily available at the facility and 

equipped to provide a ready means of 

assistance to maintain a safe zone 

around LNG tankships, provide 

emergency firefighting assistance, and 

aid the LNG tankship in the event of an 

emergency departure. This change 

makes it clear that the standby towing 

vessels should remain at the facility 

unless they are assisting a passing vessel 

in distress. 

A requirement for at least one LNG 

escort towing vessel and at least one 

standby towing vessel to be FiFi 

Class 1 equipped was added to ensure 

adequate fire fighting capabilities. In the 

case where one LNG tankship is moored 

at the facility and another LNG tankship 

is inbound to the facility, one FiFi 

Class 1 equipped towing vessel shall 

remain at the facility along with another 

standby towing vessel not so equipped 

while another FiFi Class 1 equipped 

towing vessel shall escort the inbound 

LNG tankship to the facility along with 

another escort towing vessel not so 

equipped. The Coast Guard believes this 

requirement produces the least risk to 

the port and takes into account the 

limited local availability of FiFi Class 1 

equipped towing vessels. The 

requirement for a third towing vessel is 

eliminated when vessels are moored 

within the LNG facility slip. 

Three comments from the commentor 

stated that the Southern LNG facility is 

a receiving terminal only and that the 

‘‘marine-side’’ services, such as docking, 

line handling, search and rescue, and 

towing are specifically not provided 

under the LNG facility tariff on file with 

the Federal Energy Regulatory 

Commission (FERC). Therefore, the LNG 

facility should not be held responsible 

for providing the towing vessels 

required by this regulation. The Coast 

Guard has changed the rule to specify 

that an LNG tankship must have towing 

vessels on-scene when moored at an 

LNG facility. The provisions in section 

165.756(d) are no longer directed at 

LNG facility operators. These changes 

provide greater consistency with other 

provisions in Part 165. 

Three comments from the commentor 

noted that the duties of the standby 

towing vessels outlined in paragraph 

(d)(3) of 33 CFR 165.756 are vague. The 

Coast Guard agrees with this assertion 

and has added the following language to 

the definition for stand-by , ‘‘means 

readily available at the facility and 

equipped to provide a ready means of 

assistance to maintain a safe zone 

around the moored LNG tankship, to 

provide emergency firefighting 

assistance, to aid the LNG tankship in 

the event of an emergency departure, or 

to take other appropriate actions in an 

emergency as necessary.’’ To clearly 

outline the type of towing vessels that 

are required for the standby duties 

described in this regulation, additional 

language was also added to outline the 

minimum firefighting capabilities of at 

least one of the standby towing vessels. 


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Two comments from the commentor 

stated that moving the LNG vessels from 

the river pier to the protected LNG 

facility slip has made the standby 

towing vessels unnecessary because the 

new mooring configuration has 

eliminated the potential for a passing 

vessel to allide with a moored LNG 

tankship causing an LNG spill. The 

Coast Guard carefully considered this 

assessment and disagrees. Although the 

risk has been reduced, there is still a 

risk of allision while LNG tankships are 

moored within the LNG facility slip. If 

a passing vessel loses power and/or 

steering, it is possible for it to enter the 

slip and allide with the moored LNG 

tankship. The existence of the two 

standby towing vessels allows the 

passing vessel in distress to request 

immediate assistance that may prevent 

an allision and possible LNG spill. 

Additionally, the standby towing 

vessels provide a ready means of 

assistance to maintain a safe area 

around the LNG vessel, provide 

emergency firefighting assistance, and 

aid the LNG vessel in the event of an 

emergency departure. Therefore, the 

requirement for two standby towing 

vessels remains. 

One comment from the commentor 

stated the standby towing vessels are 

not needed to prevent ranging of the 

LNG tankship at its mooring due to the 

surge caused by a passing vessel. This 

assertion was recently proven false 

when the surge created by a large vessel 

passing the LNG facility slip at 

excessive speed caused a moored LNG 

tankship to range and resulted in the 

emergency shutdown of the LNG 

transfer and caused several of the LNG 

tankship’s mooring lines to break. 

Automatic emergency shutoffs 

prevented the release of LNG and the 

standby tugs immediately assisted the 

LNG tankship back to its original 

position where it was secured with 

additional mooring lines. While this 

occurrence may be unusual, it illustrates 

that standby towing vessels are valuable 

assets in the event of an emergency. 

This occurrence adds support to our 

decision to keep the requirement for two 

standby towing vessels. 

One comment from the commentor 

stated that the Coast Guard should 

monitor the speed of passing vessels 

through a remote monitoring system 

such as the Automated Information 

System (AIS). At this time, the local 

Coast Guard shore units cannot access 

the AIS information and do not have 

sufficient personnel resources to 

monitor such a system on a 24 hour 

basis. However, the incident described 

in the above paragraph highlights the 

risk posed by vessels passing the LNG 

facility slip at excessive speed. 

Therefore the ‘‘minimum safe speed’’

language in paragraph (d)(5)(ii) of the 

proposed rule has been replaced with 

‘‘bare steerage way’’ in paragraph 

(d)(6)(iv) of the interim rule to eliminate 

any confusion that passing vessels must 

make every effort to minimize their 

surge as they pass the LNG facility slip 

were an LNG tankship is moored. 

One comment stated that the 

requirement for emergency towing 

wires, also known as fire wires, apply 

only to LNG tankships moored at the 

river dock. The Coast Guard disagrees 

with this comment and the requirement 

for emergency towing wires remains in 

all mooring configurations unless the 

LNG tankship is equipped with 

waterline bollards. Language was added 

that exempts LNG tankships equipped 

with waterline bollards from this 

requirement. The Coast Guard believes 

that waterline bollards provide an 

equivalent level of safety and allow for 

standby towing vessels to quickly 

‘‘make-up’’ to an LNG tankship in the 

event of an emergency. 

One comment from the commentor 

stated that the standby towing vessels 

are not necessary to assist in the 

emergency departure of a moored LNG 

tankship from the slip because the LNG 

tankship will likely be safest at its 

mooring even in the event of an 

emergency within the facility. The Coast 

Guard disagrees with this assertion. 

Industry publications state that in the 

case of an internal emergency within the 

terminal, it is often good practice to 

remove ships from the berths in order to 

avoid their possible involvement in the 

situation. Such emergencies may 

include a fire on the facility or an 

imminent terrorist threat to the facility 

that may prompt the Captain of the Port 

or the master of an LNG tankship to 

order departure of the vessel from the 

LNG facility slip or pier immediately. 

Therefore, the requirement for two 

standby towing vessels remains. 

One additional comment from the 

commentor requested relief from the 

towing vessel escort requirements for an 

outbound vessel in a ‘‘heel’’ condition. 

The Coast Guard carefully considered 

this request and believes that LNG 

vessels carrying only ‘‘heel’’ pose a 

minimal risk of an LNG spill. Therefore, 

we included language in the interim 

rule that removes the requirement to 

escort LNG vessels in heel when 

transiting within the Regulated 

Navigation Area. The definition of heel 

‘‘is the minimum quantity of liquefied 

natural gas (LNG) retained in an LNG 

tankship after unloading at the LNG 

facility to maintain temperature, 

pressure, and/or prudent operations. [A] 

quantity of LNG less than five percent 

(5%) of the LNG tankship’s carrying 

capacity shall be presumed to be heel.’’

This same reasoning led us to remove 

the restrictions on other vessels while 

the LNG tankship is outbound in a heel 

condition. Vessels over 200 gross tons 

will have a pilot aboard who will know 

that the outbound LNG tankship is in a 

heel condition. All other vessels will 

follow the navigation rules and treat the 

outbound LNG vessel just as any other 

deep-draft vessel transiting the 

Savannah River. 

Finally, several comments by the 

commentor also included support for 

the provisions in the proposed rule. One 

comment supported keeping 

unnecessary vessels out of the LNG 

facility slip. This provision remains in 

the interim rule. One comment 

supported limiting passing vessels to 

minimum safe speed. This provision 

remains in the interim rule, but the 

language was changed to ‘‘bare steerage 

way’’ to eliminate any confusion over a 

definition of ‘‘minimum safe speed.’’

One comment supported eliminating 

broadcast notices of LNG transits. This 

provision remains in the interim rule. 

One comment supported allowing oral 

waivers. This provision also remains in 

the interim rule. 

Discussion of Interim Rule 

The interim rule accounts for all three 

potential mooring arrangements within 

the LNG facility slip. All of these 

requirements are needed to reduce the 

risk associated with marine LNG 

transfer operations. On-scene standby 

towing vessels will allow for immediate 

action in an emergency involving an 

LNG tankship, the LNG facility, or a 

vessel passing a moored LNG tankship 

conducting transfer operations. They 

will also be available to provide a ready 

means of assistance to maintain a safe 

zone around a moored carrier and to 

provide emergency firefighting support 

in the event of a fire. 

When an LNG tankship is moored 

outside of the slip, the towing vessel 

requirement of 3 towing vessels as 

outlined in the Notice of Proposed 

Rulemaking published in January 2006 

remains unchanged. Additionally, the 

LNG tankship 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. However, one of the two escort 

towing vessels shall be FiFi Class 1 

equipped, and the escort towing vessels 

shall have a minimum capacity of 

100,000 pounds of bollard pull, 4,000 

horsepower and capable of safely 


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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 2451 

operating in the indirect mode in order 

to escort transiting vessels 1,600 gross 

tons or greater past the moored LNG 

tankship. 

When an LNG tankship is moored 

inside the new slip, the requirement for 

tethered escorts is removed. However, 

an LNG tankship will still be required 

to 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 in order to take 

appropriate actions in an emergency. At 

least one of these standby towing 

vessels shall be FiFi Class 1 equipped. 

These on scene towing vessels shall 

respond to any emergency situation for 

the LNG tankship moored within the 

slip occurring at the facility or caused 

by vessels transiting the Savannah River 

past the LNG facility. When two LNG 

tankships are moored inside the 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. 

When an LNG tankship is moored 

inside the new slip and another LNG 

tankship is moored outside of the slip, 

a minimum of three towing vessels are 

required. The LNG tankship moored 

outside the slip shall provide 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 in order 

to escort transiting vessels 1,600 gross 

tons or greater past the moored LNG 

tankship. The LNG tankship moored 

inside the slip shall have at least one 

standby towing vessel with a minimum 

of 100,000 pounds of bollard pull, 4,000 

horsepower and FiFi Class 1 equipped 

to take appropriate actions in an 

emergency as directed by the LNG 

vessel bridge watch. 

When one LNG tankship is moored 

outside and two LNG tankships are 

moored inside the LNG facility slip, the 

LNG tankship moored outside of the 

LNG facility slip shall have on-scene 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 in order 

to escort transiting vessels 1,600 gross 

tons or greater past the moored LNG 

tankship. At least one of these towing 

vessels shall be FiFi Class 1 equipped. 

In addition, the LNG tankships moored 

inside of the slip shall have at least one 

standby towing vessel between the two 

ships with a minimum of 100,000 

pounds of bollard pull, 4,000 

horsepower and FiFi Class 1 equipped 

to take appropriate actions in an 

emergency as directed by the LNG 

vessel bridge watch. 

Security operations have been added 

to the list of operations that are exempt 

from the applicability of this rule. This 

will allow facility owned or operated 

security vessels and local state and local 

law enforcement vessels to operate 

freely within the RNA. 

To limit delays to other vessels 

operating within the RNA, 

§ 165.756(d)(1)(i) has been slightly 

modified to allow vessels of 1,600 gross 

tons or greater to pass the facility while 

the LNG tankships are maneuvering and 

mooring, as long as the LNG vessels are 

outside of the Savannah River shipping 

channel (i.e., inside of the slip) and the 

other ships are proceeding past the slip 

at bare steerage way. 

In the interest of security, paragraph 

(d)(1)(iii)(C) was removed because it 

drew undue attention to LNG tankships 

transiting the area without increasing 

navigational safety. However, new 

language has been added for vessels 

1,600 gross tons or greater while in the 

RNA to 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 and (b) 

Buoy ‘‘53’’ in the vicinity of Fort 

Jackson for outbound vessels. This 

language was added to improve 

communications in the interest of safety 

and to reduce the risk of damage to 

moored LNG vessels or the facility due 

to surge or casualty of passing vessels. 

The subsequent paragraphs have been 

appropriately redesignated. 

A requirement for emergency towing 

wires (fire wires) was added in 

paragraph (d)(5)(ii) to follow standard 

industry practice and ensure the vessels 

are immediately available for emergency 

towing. LNG vessels equipped with 

waterline bollards are exempt from this 

requirement. 

Due to anticipated and observed 

hydrodynamic effects on the water 

within the LNG slip, vessel operating 

restrictions were added in paragraph 

(d)(6)(iv) to ensure safe LNG transfer 

operations. 

In the interest of safety and security, 

paragraph (d)(6)(vii) was added to 

prevent unnecessary vessels from 

entering the LNG slip. 

In the interest of port security, this 

interim rule also eliminates the Captain 

of the Port requirement to issue a 

Broadcast Notice to Mariners on 

scheduled LNG tankship activities 

during which 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. River pilots 

who operate all vessels over 200 gross 

tons on the Savannah River are well 

aware of the LNG tankship transit times. 

While transiting within the RNA, the 

LNG tankships carrying LNG in excess 

of heel will be escorted by towing 

vessels and security vessels that can 

effect notice of this rule to any vessels 

not requiring a river pilot. 

To further define when the RNA is in 

effect the following was added to 

paragraph (a) of the proposed rule, 

‘‘when a LNG tankship in excess of heel 

is transiting the area or moored at the 

LNG facility.’’

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 to the requirements of this rule. 

Administrative Procedure Act 

We are making this interim rule 

effective 30 days after 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. 

However, we want to receive 

comments on the changes from the 

proposed rule before issuing a final rule. 

Please submit your comment on this 

interim rule on or before March 20, 

2007. We may revise the rule based on 

your comments. 

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. 

Delays for inbound and outbound 

traffic due to LNG transits will be 

reduced through this interim rule and 

through pre-transit conferences between 

the pilots and the Coast Guard Captain 

of the Port. Additional financial benefits 

of this rule are that LNG tankships 

transiting in heel will not be required to 

have two escort towing vessels and LNG 

tankships moored only inside the LNG 

facility slip will only be required to 

provide 2 standby towing vessels vice 

the current requirement of 3 towing 

vessels. 


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2452 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

The requirement of having one of the 

escort towing vessels be FiFi Class 1 

equipped does not impose an additional 

financial burden due to a FiFi Class 1 

escort towing vessel is currently being 

utilized for this purpose. 

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 

LNG facility does not qualify as a small 

entity. Towing vessels may qualify as 

small entities; however the economic 

impact incurred will be borne by the 

LNG tankships. 

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 pretransit conferences between the pilots 

and the Coast Guard Captain of the Port. 

The RNA requirements are less 

burdensome for smaller vessels, which 

are more likely to be small entities; 

however, there would not be a 

significant economic impact. 

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 (Pubic Law 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. 

Though this interim 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 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. 

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 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 Division 5100.0, which 

guides 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 


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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 2453 

‘‘Environmental Analysis Check List’’

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 record keeping 

requirements, 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 

■ 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. 

■ 2. Revise § 165.756 to read as follows: 

§ 165.756 Regulated Navigation Area; 

Savannah River, Georgia. 

(a) Regulated Navigation Area (RNA). 

The Savannah River between Fort 

Jackson (32°04.93′ N, 081°02.19′ W) and 

the Savannah River Channel Entrance 

Sea Buoy is a regulated navigation area 

when an LNG tankship in excess of heel 

is transiting the area or moored at the 

LNG facility. All coordinates are North 

American Datum 1983. 

(b) Definitions. The following 

definitions apply to this section: 

Bare Steerage Way means the 

minimum speed necessary for a ship to 

maintain control over its heading. 

Bollard pull means 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 means a towing 

technique 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. 

Fire Wire means a length of wire rope 

or chain hung from the bow and stern 

of a vessel in port to allow the vessel to 

be towed away from the pier in case of 

fire; also called fire warp or emergency 

towing wire. 

Heel means the minimum quantity of 

liquefied natural gas (LNG) retained in 

an LNG tankship after unloading at the 

LNG facility to maintain temperature, 

pressure, and/or prudent operations. A 

quantity of LNG less than five percent 

(5 %) of the LNG tankship’s carrying 

capacity shall be presumed to be heel. 

Indirect Mode means a towing 

technique 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 readily available at 

the facility and equipped to provide a 

ready means of assistance to maintain a 

safe zone around LNG tankships, 

provide emergency firefighting 

assistance, and aid the LNG tankship in 

the event of an emergency departure. 

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 

vessel operations while a LNG tankship, 

carrying LNG in excess of heel, is 

underway within the RNA. (i) Except for 

a vessel that is moored at a marina, 

wharf, or pier, and remains moored, no 

vessel 1,600 gross tons or greater may 

come within two nautical miles of a 

LNG tankship, carrying LNG in excess 

of heel, which is underway within the 

Savannah River shipping channel 

without the permission of the Captain of 

the Port (COTP). 

(ii) All vessels less than 1,600 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 part 160. 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, 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 an LNG 

tankship is moored outside of the LNG 

facility slip—(i) An LNG tankship 

moored outside of the LNG facility slip 

shall have on-scene 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 in 

order to escort transiting vessels 1,600 

gross tons or greater past the moored 

LNG tankship. At least one of these 

towing vessels shall be FiFi Class 1 

equipped. 

(ii) In addition to the two towing 

vessels required by paragraph (d)(2)(i) of 

this section, the LNG tankship moored 

outside of the slip shall have 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 paragraph (d)(5) of this 

section. 

(3) Requirements while LNG tankships 

are moored inside the LNG facility 

slip—(i) An LNG tankship 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 these towing 

vessels shall be FiFi Class 1 equipped. 

The standby towing vessels shall take 

appropriate action in an emergency as 

directed by the LNG vessel bridge watch 

required in paragraph (d)(5) of this 

section. 

(ii) If two LNG tankships are moored 

inside the LNG facility slip, each vessel 


frosa on PROD1PC71 with RULES
2454 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

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 as directed by the 

LNG vessel bridge watch required in 

paragraph (d)(5) of this section. 

(4) Requirements while LNG tankships 

are moored both inside the LNG facility 

slip and outside the LNG facility slip—

(i) When one LNG tankship is moored 

inside and one LNG tankship is moored 

outside of the LNG facility slip, the LNG 

tankship moored outside of the LNG 

facility slip shall have on-scene 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 in order 

to escort transiting vessels 1,600 gross 

tons or greater past the moored LNG 

tankship. At least one of these towing 

vessels shall be FiFi Class 1 equipped. 

In addition, the LNG tankship moored 

inside of the slip shall have at least one 

standby towing vessel with a minimum 

of 100,000 pounds of bollard pull, 4,000 

horsepower and FiFi Class 1 equipped 

to take appropriate actions in an 

emergency as directed by the LNG 

vessel bridge watch required in 

paragraph (d)(5) of this section. 

(ii) When one LNG tankship is 

moored outside and two LNG tankships 

are moored inside the LNG facility slip, 

the LNG tankship moored outside of the 

LNG facility slip shall have on-scene 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 in order 

to escort transiting vessels 1,600 gross 

tons or greater past the moored LNG 

tankship. At least one of these towing 

vessels shall be FiFi Class 1 equipped. 

In addition, the LNG tankships moored 

inside of the slip shall have at least one 

standby towing vessel between the two 

ships with a minimum of 100,000 

pounds of bollard pull, 4,000 

horsepower and FiFi Class 1 equipped 

to take appropriate actions in an 

emergency as directed by the LNG 

vessel bridge watch required in 

paragraph (d)(5) of this section. 

(iii) In the event of an actual 

emergency, escort towing vessels can be 

utilized as stand-by towing vessels to 

take appropriate actions as directed by 

the LNG vessel bridge watch required in 

paragraph (d)(5) of this section. 

(5) Requirements for moored LNG 

tankships—(i) While moored within the 

RNA, each LNG tankship shall maintain 

a bridge watch consisting of a docking 

pilot or licensed deck officer who shall 

monitor all vessels transiting past the 

LNG facility. In addition, the LNG 

Bridge Watch shall communicate with 

the pilots of vessels greater than 1600 

gross tons at the points identified in 

section (d)(6)(iii) of this section prior to 

passing the LNG facility in order to take 

actions of the towing vessel(s) required 

in paragraphs (d)(2) through (4) of this 

section. 

(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. 

LNG vessels equipped with waterline 

bollards are exempt from this 

requirement. 

(6) Requirements for other vessels 

while within the RNA—(i) Transiting 

vessels 1,600 gross tons or greater, when 

passing an LNG tankship moored 

outside of the LNG facility slip, shall 

have a minimum of two 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, 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. At least one of the towing 

vessels shall be FiFi Class 1 equipped. 

While it is anticipated that vessels will 

utilize the towing vessel services 

required in paragraphs (d)(2)(i) and 

(d)(4)(i) of this section, this section 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 madeup 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) The requirements in paragraph 

(d)(6)(i) of this section do not apply 

when one or more LNG tankships are 

moored in the LNG facility slip and no 

LNG tankship is moored at the pier 

outside of the LNG facility slip. 

(iii) 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. 

(iv) 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. 

(v) Vessels 1,600 gross tons or greater 

shall not meet nor overtake within an 

area 1,000 yards on either side of the 

LNG facility slip when an LNG tankship 

is present within the slip. 

(vi) All vessels less than 1,600 gross 

tons shall not approach within 70 yards 

of an LNG tankship, carrying LNG in 

excess of heel, without the permission 

of the Captain of the Port. 

(vii) 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. 

(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 verbal or 

in writing. 

(2) An application for a waiver of 

these requirements must state the 

compelling need for the waiver and 

describe the proposed operation and 

methods by which adequate levels of 

safety are to be obtained. 

(f) Enforcement. 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 § 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: January 5, 2007. 

D. W. Kunkel, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. E7–728 Filed 1–18–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–8271–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final notice of deletion of 

the Avenue E Groundwater 

Contamination Superfund Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region V is publishing a 

direct final notice of deletion of the 

Avenue E Groundwater Contamination 

Superfund Site (Site), located in 


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