27244 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 

■ 3. In appendix C to part 4022, Rate Set 

164, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation date Immediate annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

164 ........................................ 6–1–07 7–1–07 3.00 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for June 2007, as set forth below, 

is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the month—

The values of it are: 

it for t = it for t = it for t = 

* * * * * * * 

June 2007 ......................................................................... .0514 1–20 .0481 >20 N/A N/A 

Issued in Washington, DC, on this 10th day 

of May 2007. 

Vincent K. Snowbarger, 

Interim Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E7–9331 Filed 5–14–07; 8:45 am] 

BILLING CODE 7709–01–P 

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. 

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°05.01′ N, 

080°59.38′ W, to the southeastern most 

mooring dolphin, located at 

approximately 32°04.79′ N, 080°59.35′ 

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 


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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 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′ North, 080[deg]59.20′ 

West. This was an incorrect position, 

and should have been 32[deg]04.79′ 

North, 080[deg]59.35′ 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. 


cprice-sewell on PROD1PC62 with RULES
27246 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 

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. 

■ 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, 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 § 165.751 to read as follows: 

§ 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 § 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] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 2 

RIN 2900–AM61 

Change in Secretary’s Delegation of 

Authority and Clarification of that 

Authority 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

delegation regulation, which authorizes 

a VA official to take final action on 

complaints of employment 

discrimination when the Office of 

Employment Discrimination Complaint 

Adjudication (OEDCA) recuses itself 

due to a conflict of interest. The 

amendment provides that the Secretary 

of Veterans Affairs has delegated 

authority to take such action to the 

Chairman, Board of Veterans’ Appeals, 

and clarifies that such authority 

includes awarding remedial relief in 

cases where there has been a finding of 

discrimination. 

DATES: Effective Date: May 15, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Charles R. Delobe, Director, Office of 

Employment Discrimination Complaint 

Adjudication (00D), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420 (Tel. 202–

254–0063). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 319 and 38 CFR 2.6(i), OEDCA 

has authority to take final action on 

complaints of employment 

discrimination filed by VA employees, 

former employees, and applicants for 

employment. Under 38 U.S.C. 501, the 

Secretary has authority to prescribe 

rules and regulations necessary to carry 

out the laws administered by VA. 

Further, under 38 U.S.C. 512, the 

Secretary may delegate authority to 

officers and employees of the 

Department as the Secretary deems 

necessary. In cases where OEDCA 

recuses itself due to an actual, apparent, 

or potential conflict of interest, the 

Secretary delegates authority to another 

official in the Department to take such 

action. In the past, that authority was 

delegated to the Chairman, Board of 

Contract Appeals, under current 38 CFR 

2.6(j). This document amends § 2.6(j) to 

reflect the change in this delegation of 

authority to the Chairman, Board of 

Veterans’ Appeals. The change in 

delegated authority is necessary because 

there has been a transfer of functions 

and personnel of the VA Board of 

Contract Appeals to the General 

Services Administration, which 

occurred on January 6, 2007. The 

amendment also clarifies that the 

delegated authority includes the 

authority to grant all appropriate 

remedies and relief in cases where there 

is a finding of discrimination. 

Administrative Procedures Act 

This final rule concerns VA agency 

organization, procedure, and practice, 

specifically delegation of authority to 

offices or employees of the Department 

to perform certain acts or render 

decisions. Accordingly, the prior notice 

and comment and delayed effective date 

provisions of 5 U.S.C. 553 do not apply 

to this rule. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3520). 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analysis requirements of 

sections 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule because a 

notice of proposed rulemaking is not 

required for this rule. Even so, the 

Secretary of Veterans Affairs hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act. This final rule would 

not affect any small entities. Only VA 

employees, former employees, and 


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