[Federal Register: January 9, 2007 (Volume 72, Number 5)]
[Rules and Regulations]
[Page 907-910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja07-13]
-----------------------------------------------------------------------
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: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent security zone due
to 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 to the southeastern most mooring dolphin 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 interim rule is effective January 9, 2007. Comments and
related material must reach the Coast Guard on or before March 12,
2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket
[COTP Savannah 06-160], will become part of this docket and will be
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.
[[Page 908]]
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. To protect the LNG slip from
potential sabotage and unauthorized access prior to a LNG ship arrival,
we are publishing this interim rule with request for comments that will
become effective upon publication in the Federal Register.
Additionally, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this interim rule effective upon publication in
the Federal Register. Delaying implementation of this rule any longer
to await public notice and comment would be contrary to the public
interest because of the adverse effect on the safety of navigation in
the Savannah River, vessel congestion, and the safety and security of
LNG transfer operations in the port.
Even though, we did not publish an NPRM, we still encourage you to
participate in this rulemaking by submitting comments and related
material to the docket. We will accept comments for 60 days, after
which we intend to publish the final rule. If you submit comments,
please include your name and address, identify the docket number for
this rulemaking [COTP Savannah 06-160], 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 interim rule in view of them.
Public Meeting
We do not plan to hold a public meeting on the interim rule. But
you may submit a request for a meeting by writing to MSU Savannah (see
ADDRESSES above) 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
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 an incident on June 6, 2006, when 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 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 incident of June 6, 2006, discussed above, the
hazards associated with the transportation of LNG, and the expansion of
Elba Island LNG facility necessitate making this interim rule effective
upon publication with a 60-day request for comment period.
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 an LNG ship arrival.
Discussion of Interim Rule
The Security Zone encompasses the following area: 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]
04.49' North, 080[deg] 59.20' 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).
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. These
regulations will have minimal impact on recreational and commercial
vessels and is necessary to protect the berths and moored LNG vessels
within the LNG slip from potential sabotage and unauthorized access
prior to an LNG ship arrival. This security zone is outside the channel
and outside recreational vessel grounds. It encompasses waters inside
the LNG terminal piers. Therefore, it should have a minimal impact on
recreational and commercial vessels.
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 an LNG facility, where vessels should not
be operating due to the danger associated with the facility.
[[Page 909]]
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. This interim rule would not result in such an expenditure.
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 have analyzed this rule under Commandant Instruction M16475.1D
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.
0
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
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. A Section 165.751 is added to read as follows:
Sec. 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]04.49' North, 080[deg]59.20' 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
Sec. 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).
[[Page 910]]
(d) Reporting of Violations. Violations of this section 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
security zone contrary to the provisions of this section.
Dated: October 27, 2006.
D.W. Murk,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 07-38 Filed 1-8-07; 8:45 am]
BILLING CODE 4910-15-M