[Federal Register: May 15, 2007 (Volume 72, Number 93)]
[Rules and Regulations]
[Page 27244-27246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my07-4]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent security zone due
to recent 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, located at approximately 32[deg]05.01[min] N,
080[deg]59.38[min] W, to the southeastern most mooring dolphin, located
at approximately 32[deg]04.79[min] N, 080[deg]59.35[min] W, 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 rule is effective June 14, 2007.
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 [COTP Savannah 06-160], and are 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.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 9, 2007, we published an interim rule with request for
comments titled Security Zone, Elba Island LNG Mooring Slip, Savannah
River, Savannah, GA in the Federal Register (72 FR 907). We received
one comment on the rule. No public meeting was requested, and none was
held.
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 a recent incident where on June 6,
2006, 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
[[Page 27245]]
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 recent incident of June 6, 2006, discussed above,
the hazards associated with the transportation of LNG, and the
expansion of Elba Island LNG facility necessitates this rule.
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 a LNG ship arrival.
Discussion of Comments and Changes
We received one comment concerning the position of the southeastern
most mooring dolphin. The published position of the mooring dolphin was
32[deg]04.49[min] North, 080[deg]59.20[min] West. This was an incorrect
position, and should have been 32[deg]04.79[min] North,
080[deg]59.35[min] West. The final rule has been revised to reflect the
correct position of the southeastern most mooring dolphin.
Additionally, the Interim Rule with request for comments
incorrectly referred to 33 CFR 165.13 as the cite for Security Zone
General Regulations. The correct citation for Security Zone General
Regulations is 33 CFR 165.33. The final rule is changed to reflect the
correct General Regulation citation.
Aside from these two changes, we have adopted the interim rule as
final.
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. This security zone will only restrict access to a limited
area, immediately surrounding a LNG facility, where vessels should not
be operating due to the danger associated with the facility.
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 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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 27246]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
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, 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. Revise Sec. 165.751 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]04.79' North, 080[deg]59.35' 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).
(d) Reporting of Violations. Violations of this section should be
reported to the Captain of the Port, Savannah, at (912) 652-4353.
Dated: April 23, 2007.
D.W. Murk,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. E7-9230 Filed 5-14-07; 8:45 am]
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