[Federal Register Volume 66, Number 118 (Tuesday, June 19, 2001)]
[Proposed Rules]
[Pages 32915-32918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15395]


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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.

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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

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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 
8\1/2\ 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 mid-September 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 deg.04.93'N, 081 deg.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

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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:


Sec. 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 deg.04.93'N, 081 deg.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

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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 Sec. 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]
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