Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Proposed Rules 32915

energy conservation standard of 78

percent AFUE for small gas furnaces,

which was the highest level within the

range (71 to 78 percent) for the

Department to consider, as set by the

Act. In a final rule (54 FR 47916,

November 17, 1989), the Department set

the minimum AFUE for these products

at 78 percent, or the maximum value

allowed by the Act, with an effective

date of January 1, 1992.

The Act set initial efficiency

standards for mobile home furnaces (for

which the minimum AFUE was set at 75

percent) but also required that the

Department must publish a final rule no

later than January 1, 1992, to determine

whether these standards should be

amended, and if so, the effective date for

those amendments was required to be

January 1, 1994. The Department started

this activity and issued an ANOPR (55

FR 39624, September 28, 1990),

followed by a NOPR where it proposed

a new energy descriptor and standard

levels (59 FR 10464, March 4, 1994).

Further activities on this rulemaking

were interrupted by several events,

including a fiscal year 1996 moratorium

on proposing or issuing new or

amended appliance energy conservation

standards, and the development of an

improved process for standard

rulemaking by the Department, as

described below.

The Department of the Interior and

Related Agencies Appropriations Act for

fiscal year 1996 included a moratorium

on proposing or issuing new or

amended appliance energy conservation

standards during fiscal year 1996.

Public Law 104–134. During this period,

standard rulemaking activities were

suspended while the Department

continued to work on the underlying

analyses for standards and on test

procedure revisions. In September 1995,

the Department announced a formal

effort to improve the process it uses to

develop appliance efficiency standards.

Energy efficiency advocates, product

manufacturers, trade associations, State

agencies, utilities, and other interested

parties were asked to provide

substantial input into the Department’s

work, which resulted in the publication

of a rule institutionalizing procedural

enhancements. 61 FR 36973, July 15,

1996 (hereinafter referred to as the

Process Rule).

In addition to setting the efficiency

standards for mobile home furnaces, the

Act also requires that the Department

must publish a final rule to determine

for all furnaces (including mobile home

furnaces) whether the standards should

be amended. The Act required that this

final rule be published no later than

January 1, 1994, and if it is determined

that the standards should be amended,

those amendments must be effective on

January 1, 2002. EPCA, section

325(f)(3)(B), 42 U.S.C. 6295(f)(3)(B). The

Department started this activity also. In

September 1993, the Department

published an ANOPR in which it

presented for furnaces, the product

classes that it planned to analyze, and

a detailed discussion of the analytical

methodology and models that it

expected to use in doing the analysis to

support this rulemaking. (58 FR 47326,

September 8, 1993). The Department

invited comments and data on the

accuracy and feasibility of the planned

methodology and encouraged interested

persons to recommend improvements or

alternatives to the approach taken by

DOE. Due to the aforementioned

moratorium and the development of the

process improvement plan, the

Department was unable to complete the

required rulemaking for furnaces within

the stipulated time frame of January 1,

1994.

In the Department’s fiscal year 1998

Priority Setting for the Appliance

Rulemaking Process, residential

furnaces and boilers were assigned a

low priority level, for which the

Department did not plan to actively

pursue rulemakings over the next two

years, and the work was limited to basic

technology investigation. In the fiscal

year 2001 Priority Setting for the

Appliance Rulemaking Process,

residential furnaces and boilers were

assigned a high level of priority, for

which the Department plans to pursue

the rulemaking actively through

meetings, workshops, and published

notices. Today’s notice, the subject

Framework Document, and the

workshop mark the next steps in the

process for updating the energy

conservation standards for residential

furnaces and boilers and mobile home

furnaces covered by the statute.

The Department has prepared the

Framework Document to explain and

discuss the process, analyses, and issues

concerning the development of such

standards. For many of the issues and

analyses, the Framework Document sets

forth approaches that the Department is

considering.

The main focus of the workshop will

be to discuss the analyses and issues

contained in various sections of the

Framework Document. For each item

listed in this document, the Department

will make a presentation with

discussion to follow. In addition, the

Department will also make a brief

presentation on the rulemaking process

for residential furnaces and boilers. The

Department encourages those who wish

to participate in the workshop to obtain

the Framework Document and be

prepared to discuss its contents.

However, workshop participants need

not limit their discussions to these

topics. The Department is also

interested in receiving views concerning

other issues that participants believe

would affect energy conservation

standards for residential furnaces and

boilers. The Department also welcomes

all interested parties, whether or not

they participate in the workshop, to

submit in writing by August 17, 2001,

comments and information on the

matters addressed in the Framework

Document and on other matters relevant

to consideration of standards for

residential furnaces and boilers.

The workshop will be conducted in

an informal, conference style. A court

reporter will be present to record the

minutes of the meeting. There shall be

no discussion of proprietary

information, costs or prices, market

shares, or other commercial matters

regulated by the U.S. antitrust laws.

After the workshop and expiration of

the period for submitting written

statements, the Department will begin

collecting data and conducting the

analyses as discussed at the workshop

and in consideration of the comments

received.

If you would like to participate in the

workshop, receive workshop materials,

or be added to the DOE mailing list to

receive future notices and information

regarding residential furnaces and

boilers, please contact Ms. Brenda

Edwards-Jones at (202) 586–2945.

Issued in Washington, DC, on June 13,

2001.

David K. Garman,

Assistant Secretary for Energy Efficiency and

Renewable Energy.

[FR Doc. 01–15397 Filed 6–18–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–01–037]

RIN 2115–AE84

Regulated Navigation Area: Savannah

River, Georgia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

create a Regulated Navigation Area

(RNA) on a portion of the Savannah

River to regulate vessel movements

when vessels carrying Liquefied Natural

32916 Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Proposed Rules

Gas (LNG) are transiting or moored on

the Savannah River. This action is

necessary because of the size, draft, and

volatile cargo of LNG vessels. This

proposed rule would enhance public

and maritime safety by minimizing the

risk of collision, allision or grounding

and the possible release of LNG.

DATES: Comments and related material

must reach the Coast Guard on or before

August 20, 2001.

ADDRESSES: You may mail comments

and related material to Marine Safety

Office Savannah, Juliette Gordon Low

Federal Building, Suite 1017, 100 W.

Oglethorpe, Savannah, Georgia, 31401.

Marine Safety Office Savannah

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket [CGD07–

01–037], will become part of this docket

and will be available for inspection or

copying at Marine Safety Office

Savannah between 7:30 a.m. and 4:30

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander James Hanzalik

at the Marine Safety Office Savannah;

phone (912) 652–4353 extension 205.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD07–01–037),

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 proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to Marine

Safety Office Savannah at the address

under ADDRESSES explaining why one

would be beneficial. If we determine

that one would aid this rulemaking, we

will hold one at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

The port of Savannah will begin

receiving LNG vessels at the Southern

LNG Elba Island facility in midSeptember 2001. This proposed rule is

needed to protect the safety of life and

property on the navigable waters from

hazards associated with LNG carriers.

The regulated navigation area is

necessary because of the risk presented

by the position of the LNG facility on

the Savannah River and the unique

characteristics of the LNG vessels and

their cargo.

The Savannah River has a narrow and

restricted channel with many bends.

The LNG facility is located at one of

these bends on Elba Island. The

tankship berth is located adjacent to and

parallel with the toe of the shipping

channel. Because of these factors, the

hazardous nature of LNG and the

substantial volume of deep draft vessel

traffic in Savannah (approximately 5000

annual transits), the risk of collision and

allision involving a LNG tankship must

be addressed.

The Elba Island LNG facility has been

struck by passing vessels twice in the

past 20 years. In both instances the

facility was inactive, however damage to

both the facility and vessels was

extensive. The potential consequences

from this type of allision would be more

severe with a loaded LNG vessel at the

Elba Island dock. This proposed rule is

needed to prevent incidents involving a

LNG vessel in transit or while moored

at the facility.

Discussion of Proposed Rule

The proposed Regulated Navigation

Area (RNA) will be located in the

shipping channel between Fort Jackson

(32°04.93′N, 081°02.19′W) and the

Savannah River Channel Entrance Sea

Buoy. During the scheduled inbound or

outbound transit of LNG vessels, other

vessels over 1600 gross tons will not be

allowed to enter the RNA without the

permission of the Captain of the Port.

Vessels under 1600 gross tons will be

allowed to enter the RNA but will be

required to stay clear of transiting LNG

vessels.

While a LNG vessel is moored at Elba

Island, vessels over 1600 gross tons will

be allowed to transit the River but will

be required to have tug escorts when

transiting in the vicinity of the LNG

dock. Although the LNG facility is

required to provide these tug escorts,

the transiting vessel may choose to

provide its own escorts. The relatively

narrow channel and strong tidal

currents of the Savannah River make

these precautions necessary to prevent

the risk of allision, collision or

grounding and the possible release of

LNG.

Regulatory Evaluation

This proposed 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

Transportation (DOT) (44 FR 11040,

February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal so

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Only an estimated one percent of the

annual transits on the Savannah River

will be LNG vessels. Further, all LNG

transits will be coordinated and

scheduled with the pilots and the Coast

Guard Captain of the Port to minimize

port disruption and delays for other

commercial traffic, as well as LNG

vessels. Finally, requests to enter the

RNA may be granted on a case-by-case

basis by the Coast Guard Captain of the

Port.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this proposed 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed rule would affect the

following entities, some of which might

be small entities: the owners or

operators of vessels intending to operate

in portions of the Savannah River,

between Fort Jackson and the Entrance

Sea Buoy, while a LNG vessel is

transiting or moored in the Savannah

River. This RNA would not have a

significant economic impact on a

substantial number of small entities for

the following reasons. First, LNG vessels

will comprise an estimated one percent

of the large commercial vessel transits

on the river. Further, the tug escort

requirements of this proposed rule for

Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Proposed Rules 32917

vessels transiting past a moored LNG

vessel will only affect an estimated 12%

of all large commercial vessel transits on

the river. Delays, if any, will be minimal

because vessel speeds would be reduced

regardless of the tug requirements.

Delays for inbound and outbound traffic

due to LNG transits will be minimized

through pre-transit conferences with the

pilots and Coast Guard Captain of the

Port. Finally, the RNA requirements are

less burdensome for smaller vessels,

which are more likely to be small

entities, because of the lower risk

associated with these vessels.

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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pubic Law 104–

221), we want to assist small entities in

understanding this proposed rule 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.

Collection of Information

This proposed rule would call 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 proposed 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 proposed rule would not

result in such expenditure, we do

discuss the effects of this rule elsewhere

in the preamble.

Taking of Private Property

This proposed 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 proposed 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 proposed rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and would not create an

environmental risk to health or risk to

safety that might disproportionately

affect children.

Indian Tribal Governments

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.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (34)(g), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is 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 proposes to

amend 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. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46

2. Section 165.756 is added to read as

follows:

§ 165.756 Regulated Navigation Area;

Savannah River, Georgia.

(a) Regulated Navigation Area (RNA).

The deep draft channel of 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.

(b) Definitions. The following

definitions are used in this section:

Bollard pull is 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) or directly to a vessel’s hull when

operating in a normal configuration.

LNG vessel means a vessel as

described in Title 46, Code of Federal

Regulations, Part 154.

Made up means physically attached

by cable, tow line, or other secure

means in a way to control the

maneuverability of a vessel being

escorted.

Operator means the person who

owns, operates, or is responsible for the

operation of the facility.

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 ready, physically

available and equipped to conduct

operations.

Underway means that a vessel is not

at anchor, made fast to the shore, or

aground.

(c) Applicability. This section applies

to all vessels operating within the

Regulated Navigation Area, including

naval and public vessels, except vessels

that are engaged in the following

operations:

(1) Law enforcement.

(2) Servicing aids to navigation.

(3) Surveying, maintenance, or

improvement of waters in the RNA.

(4) Actively engaged in escort,

maneuvering or support duties for the

LNG vessel.

(d) Regulations—(1) Restrictions on

Vessel Operations during Liquefied

Natural Gas (LNG) vessel underway

movements on the Savannah River. (i)

Except for a vessel that is moored at a

32918 Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Proposed Rules

marina, wharf, or pier, and that remains

moored, no vessel greater than 1600

gross tons is permitted within the

Regulated Navigation Area without the

consent of the Captain of the Port

(COTP).

(ii) All vessels under 1600 gross tons

shall keep clear of transiting LNG

vessels.

(2) Requirements for vessels carrying

Liquefied Natural Gas as cargo. The

owner, master, or operator of a vessel

carrying LNG shall: (i) Comply with the notice

requirements of 33 CFR Part 160. LNG

vessels are encouraged to notify the

COTP at least 72 hours before the vessel

enters the RNA to facilitate scheduling

and minimize delays. Updates are

encouraged at least 12 hours before

arriving at the RNA boundaries. The

COTP may delay entry into the RNA to

accommodate other commercial traffic.

LNG vessels are further encouraged to

include in their notice a report of the

vessel’s propulsion and machinery

status, and for foreign flag vessels, any

outstanding deficiencies identified by

the vessel’s flag state or classification

society. (ii) Obtain permission from the COTP

before commencing the transit if actual

time of entry of the LNG vessel into the

RNA varies more than 30 minutes.

(iii) While transiting, make security

broadcasts as recommended by the U.S.

Coast Pilot 5 Atlantic Coast. The person

directing the vessel must also notify the

COTP by landline or radio on channel

13 or 16 when the vessel is at the

following locations: Sea Buoy,

Savannah Jetties, Fields Cut and after

the vessel is moored.

(iv) Not enter or get underway within

the regulated navigation area if visibility

during the transit is, or is expected to

be, less than three (3) miles, and wind

speed is, or is expected to be, greater

than 25 knots.

(v) While transiting the RNA, the LNG

vessel shall have sufficient tug escorts. (3) Restrictions on vessel operations

while a LNG vessel is moored:

(i) The operator of a facility where a

LNG vessel is moored shall station and

provide a minimum of two (2) towing

vessels each with a minimum of 100,000

pounds of bollard pull to safely

maneuver transiting vessels greater than

1600 gross tons past the moored LNG

vessel.

(ii) Transiting vessels over 1600 gross

tons when passing a moored LNG vessel

shall have a minimum of two (2) towing

vessels in escort each with a minimum

of 100,000 pounds of bollard pull made

up in a way to safely maneuver past the

transferring LNG vessel. Outbound

vessels shall be escorted from the

terminus of the Fort Jackson range until

the vessel is safely past the LNG dock.

Inbound vessels shall be escorted from

Field’s Cut until the vessel is safely past

the LNG dock.

(iii) In addition to the towing vessels

required by paragraph (d)(3)(i), the

operator of the facility where the LNG

vessel is moored shall provide at least

one towing vessel with sufficient

capacity to safely hold the LNG vessel

to the dock while transiting vessels

pass. (e) LNG Schedule. The Captain of the

Port will issue a Broadcast Notice to

Mariners to inform the marine

community of scheduled LNG vessel

movements during which the

restrictions imposed by this part are in

effect.

(f) Waivers. (1) The Captain of the Port

may, upon request, waive any

requirement in this section, if the

Captain of the Port finds that the vessel

requesting the waiver can be operated

safely or in the interest of national

security. (2) An application for a waiver must

state the need for the waiver and

describe the proposed vessel operations. (g) Enforcement. Violations of this

regulated navigation area 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 regulations.

Dated: May 29, 2001.

T.W. Allen,

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

Seventh Coast Guard District.

[FR Doc. 01–15395 Filed 6–18–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 368

[Docket No. FMCSA–98–3297]

RIN 2126–AA33

Revision of Regulations and

Application Form for MexicanDomiciled Motor Carriers To Operate in

U.S. Municipalities and Commercial

Zones on the U.S.-Mexico Border;

Correction

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking;

correction.

SUMMARY: This document corrects the

preamble to the proposed rule

published in the Federal Register on

May 3, 2001, regarding Revision of

Regulations and Application Form for

Mexican-Domiciled Motor Carriers to

Operate in U.S. Municipalities and

Commercial Zones on the U.S.-Mexico

Border. This correction revises a

statement about the type of authority

that most new applicants are expected

to request by making it consistent with

a similar statement in the rulemaking

analysis. This correction would not

have a significant economic impact on

a substantial number of small entities

because the regulatory flexibility

analysis is already based upon the

corrected statement.

FOR FURTHER INFORMATION CONTACT: Mrs.

Valerie Height, (202) 366–6408.

SUPPLEMENTARY INFORMATION: The

proposed rule published in the Federal

Register on May 3, 2001, (66 FR 22328)

makes contradictory statements

concerning the type of authority that

most new applicants would request

under the liberalized NAFTA entry

provisions. We believe that most of the

new Mexican applicants will register to

operate solely within the border area.

This revision is consistent with a

similar statement in the Regulatory

Flexibility Act analysis on page 22331,

column three, in the third sentence of

the first full paragraph.

In proposed rule FR Doc. 01–11034

published on May 3, 2001, (66 FR

22328) make the following correction.

On page 22328, in the second column,

revise the last sentence to read as

follows:

‘‘With the implementation of the

NAFTA entry provision, it is expected

that additional Mexican-domiciled

motor carriers will seek to operate in the

United States, most of them within the

border area.’’

Issued on: June 13, 2001.

Julie Anna Cirillo,

Acting Deputy Administrator.

[FR Doc. 01–15352 Filed 6–18–01; 8:45 am]

BILLING CODE 4910–EX–M