[Federal Register: April 20, 2004 (Volume 69, Number 76)]
[Rules and Regulations]
[Page 21067-21068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap04-17]
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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: Final rule.
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SUMMARY: The Coast Guard is amending the regulated navigation area on
the Savannah River to improve vessel traffic flow during Liquid Natural
Gas (LNG) tankship transits. This change will 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 to the LNG vessel
without specific authorization from the Captain of the Port. This
amendment will improve the flow of vessel traffic on the Savannah River
during LNG transits while still providing for the safety of vessels on
the navigable waterways.
DATES: This rule is effective May 20, 2004.
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 [CGD07-03-147] and are available for inspection or
copying at Coast Guard Marine Safety Office 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 Commander Lawrence Greene,
Marine Safety Office Savannah; phone (912) 652-4353, extension 205.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 19, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area: Savannah River, Savannah GA,
in the Federal Register (68 FR 65227). We received no public comments
on the proposed rule. No public hearing was requested, and none was
held. No other documents were published as part of this rulemaking.
Background and Purpose
The port of Savannah currently receives 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. The existing regulation
restricts vessel movement and extends from Fort Jackson, which is
upriver from the Elba Island LNG facility, down the length of the
Savannah River and offshore to the Savannah River Channel Entrance Sea
Buoy (67 FR 46865). After over two years of experience with LNG
tankship transits on the Savannah River, the Coast Guard is changing
the existing regulation in order 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 transiting 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 rule will 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 Comments and Changes
No comments were received and no changes were made in the proposed
amendment to the Regulated Navigation Area.
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 (DHS).
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 under this final rule are less burdensome for
smaller vessels, which are more likely to be small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may 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
[[Page 21068]]
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. No comments were submitted regarding this section.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
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 may
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. In Sec. 165.756, paragraph (d)(1)(i) is revised to read as follows:
Sec. 165.756 Regulated Navigation Area; Savannah 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 a LNG tankship that is underway within the
RNA without the permission of the Captain of the Port (COTP).
* * * * *
Dated: March 28, 2004.
H.E. Johnson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-8867 Filed 4-19-04; 8:45 am]
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