[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Proposed Rules]
[Page 65227-65229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-03-147]
RIN 1625-AA11
Regulated Navigation Area: Savannah River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulated navigation
area to improve vessel traffic flow on the Savannah River during Liquid
Natural Gas (LNG) tankship transits. Under the current regulation,
vessels greater than 1600 gross tons are not permitted within the
regulated area during LNG tankship transits without the express
permission of the Captain of the Port. This proposed rule would allow
all vessels greater than 1600 gross tons to transit the area during LNG
tankship transits provided they come no closer than 2 nautical miles
from the LNG vessel without specific authorization from the Captain of
the Port.
DATES: Comments and related material must reach the Coast Guard on or
before February 17, 2004.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Savannah, Juliette Gordon Low Federal Building,
Suite 1017, 100 W. Oglethorpe, Savannah, Georgia 31401. Coast Guard
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
[CGD07-03-147], 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 Lawrence Greene,
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 [CGD07-03-
147], 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 plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO Savannah (see ADDRESSES)
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.
Background and Purpose
The port of Savannah is currently receiving Liquid Natural Gas
(LNG) tankships, ranging from two to eight vessels per month, at the
Southern LNG Elba Island facility. The Coast Guard currently has a
regulated navigation area (RNA) in effect for LNG tankship transits
which restricts vessel movement from Fort Jackson, which is upriver
from the Elba Island LNG facility, and continues down the length of the
Savannah River and extends offshore to the Savannah River Channel
Entrance Sea Buoy. After nearly two years of experience with LNG
tankship transits on the Savannah River, the Coast Guard is proposing
to change the current RNA to allow vessels of 1600 gross tons or
greater to enter the RNA during LNG tankship transits, provided they
come no closer than 2 nautical miles to the LNG tankship. Vessels less
than 1600 gross tons will still be permitted to transit the RNA during
LNG tankship transits provided they maintain a safe distance from
transiting LNG tankships. This proposed rule would potentially reduce
port congestion during LNG transits and decrease delays to vessels,
facilities and terminals on the Savannah River. A safe distance of two
nautical miles for vessels 1600 gross tons and greater is necessary to
protect the safety of life and property on the navigable waters from
hazards associated with LNG activities.
Discussion of Proposed Rule
During the movement of an LNG tankship, other vessels of 1600 gross
tons or greater would be required to maintain a safe distance of two
nautical miles ahead of, or astern of, the
[[Page 65228]]
transiting LNG tankship. All other requirements in the existing RNA
remain unchanged. Except for a vessel that is moored at a marina,
wharf, or pier, and remains moored, no vessel 1600 gross tons or
greater could approach within two nautical miles of a Liquid Natural
Gas (LNG) tankship that is underway within the RNA without the
permission of the Captain of the Port (COTP). This proposed change
would improve traffic flow on the Savannah River by limiting delays
caused by the current requirement, which restricts vessels of 1600
gross tons or greater from entering any part of the RNA during the
transit of an LNG tankship. The four nautical mile zone (two miles
upriver and downriver) centered on a transiting LNG tankship will
maintain public and maritime safety by minimizing the risk of
collision, allision or grounding and the possible release of LNG.
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. Delays for inbound and outbound traffic due to LNG transits
will be minimized through this change and through pre-transit
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.
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 (Pub. L. 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 proposed 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.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(g), of Commandant Instruction
M16475.1D, 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 record
keeping
[[Page 65229]]
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 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. In Sec. 165.756, paragraph (d)(1)(i) is revised to read as
follows:
Sec. 165.756 Regulated Navigation Area; Savanah River, Georgia.
* * * * *
(d) * * *
(1) * * *
(i) Except for a vessel that is moored at a marina, wharf, or pier,
and remains moored, no vessel 1600 gross tons or greater may approach
within two nautical miles of an LNG tankship that is underway within
the RNA without the permission of the Captain of the Port (COTP).
* * * * *
Dated: October 28, 2003.
H.E. Johnson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-28813 Filed 11-18-03; 8:45 am]
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