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Regulated Navigation Area; Savannah River, Georgia
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Rules and Regulations]
[Page 46865-46868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-15]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area on
a portion of the Savannah River to regulate waterway traffic when
vessels carrying Liquefied Natural Gas (LNG) are transiting or moored
on the Savannah River. This action is necessary because of the size,
draft, and volatile cargo of LNG tankships. This rule enhances public
and maritime safety by minimizing the risk of collision, allision or
grounding and the possible release of LNG.
DATES: This rule is effective on August 16, 2002.
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 [CGD07-01-037], and are 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:
Regulatory Information
On June 19, 2001 we published a notice of proposed rulemaking
(NPRM) in the Federal Register entitled ``Regulated Navigation Area;
Savannah River, Georgia'' (66 FR 32915). The Coast Guard received
twenty-two letters commenting on the proposed rule. No public hearing
was requested, and none was held.
Since immediate action was necessary to protect the public from the
dangers associated with transporting LNG, on October 10, 2001 and May
10, 2002, we published two temporary final rules in the Federal
Register entitled ``Regulated Navigation Area: Savannah River,
Georgia'' (66 FR 51562 and 67 FR 31730, respectively) creating
temporary rules while we published a Supplemental Notice of Proposed
Rulemaking (SNPRM), received comments and prepared the final rule.
Due in part to the comments we received and changes to the initial
NPRM, on December 14, 2001, we published a SNPRM in the Federal
Register entitled ``Regulated Navigation Area; Savannah River,
Georgia'' (66 FR 64778), offering the public the opportunity to comment
on our revised proposal. The Coast Guard received three letters
commenting on the supplemental proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
The Savannah River has a narrow and restricted channel with many
bends. The Liquefied Natural Gas (LNG) facility is located at one of
these bends on Elba Island. The LNG 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 or allision involving an 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 significantly more severe with an LNG tankship moored at the Elba
Island dock.
The current temporary final rule expired on June 30, 2002. This
final rule is needed to prevent incidents involving LNG tankships while
in transit, and while moored at the facility, and 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
The Coast Guard received twenty-two comment letters addressing the
original notice of proposed rulemaking. These comments and our
responses can be found in the SNPRM in the Federal Register (66 FR
64778) and the temporary final rule published on October 10, 2001 (66
FR 51562). The Coast Guard incorporated some of the comments and made
content changes and other administrative and numbering corrections in
the SNPRM published on December 14, 2001.
We received a total of three comment letters to the SNPRM published
on December 14, 2001, that restated the same concerns addressed in the
NPRM. The Coast Guard stands by its previous position and comments and
has not modified this final rule. In addition to the comments restated,
two of these comment letters requested that the Coast Guard extend the
temporary final rule for one year ``to document the cost of delays and
make a reasonable determination of the impact of these proposed
regulations.'' As stated in the comments section of the SNPRM and the
regulatory evaluation section of this final rule, the Coast Guard
maintains our position that the costs associated with this rule will be
minimal and we do not agree that an extension of the temporary rule is
necessary. If however, as experience with this rule is gained and costs
are documented which warrant a reassessment of this rule, the Coast
Guard may review the cost and benefits of the final rule and may revise
it.
A third comment letter received in response to the SNPRM suggested
that the ``Captain of the Port be given the authority to waive portions
of the final rule which operational experience has shown to be
unnecessary.'' The final rule allows the Captain of the Port to waive
any requirements imposed by this rule, if the Captain of the Port finds
that it is in the best interest of safety or in the interest of
national security.
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
[[Page 46866]]
the Department of Transportation (DOT) (44 FR 11040, February 26,
1979).
We expect the economic impact of this rule to be so minimal 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
tankships. 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 and the LNG
tankships themselves. Finally, requests to enter the Regulated
Navigation Area (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 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 because LNG vessels will comprise an estimated one percent of
the large commercial vessel transits on the Savannah River. Further,
the tug escort requirements of this rule for vessels transiting past a
moored LNG vessel will only affect an estimated 12 percent of all large
commercial vessel transits on the River and are provided by the LNG
facility. Delays, if any, will be minimal because vessel speeds would
be reduced regardless of tug requirements. Delays for inbound and
outbound traffic due to LNG transits will be minimized through pre-
transit conferences with the pilots and the 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pubic Law 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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. Although this rule would not result in such expenditure, we
do discuss the effects of this rule elsewhere in the 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 reads as follows:
[[Page 46867]]
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. A new Sec. 165.756 is added to read as follows:
Sec. 165.756 Regulated Navigation Area; Savannah River, Georgia.
(a) Regulated Navigation Area (RNA). 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. All
coordinates are North American Datum 1983.
(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) when operating in a direct mode.
Direct Mode is a towing technique which is defined as a method of
operation by which a towing vessel generates towline forces by thrust
alone at an angle equal to or nearly equal to the towline, or thrust
forces applied directly to the escorted vessel's hull.
Indirect Mode is a towing technique that, for the purpose of this
section, is defined as a method of operation by which an escorting
towing vessel generates towline forces by a combination of thrust and
hydrodynamic forces resulting from a presentation of the underwater
body of the towing vessel at an oblique angle to the towline. This
method increases the resultant bollard pull, thereby arresting and
controlling the motion of an escorted vessel.
LNG tankship means a vessel as described in 46 CFR 154.
Made-up means physically attached by cable, towline, or other
secure means in such a way as to be immediately ready to exert force on
a vessel being escorted.
Make-up means the act of, or preparations for becoming made-up.
Operator means the person who owns, operates, or is responsible for
the operation of a facility or vessel.
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 immediately available, ready, and equipped to conduct
operations.
Underway means that a vessel is not at anchor, not made fast to the
shore, or not aground.
(c) Applicability. This section applies to all vessels operating
within the RNA, including naval and other public vessels, except
vessels that are engaged in the following operations:
(1) Law enforcement or search and rescue operations;
(2) Servicing aids to navigation;
(3) Surveying, maintenance, or improvement of waters in the RNA; or
(4) Actively engaged in escort, maneuvering or support duties for
the LNG tankship.
(d) Regulations.
(1) Requirements for vessel operations while a LNG tankship is
underway within the RNA:
(i) Except for a vessel that is moored at a marina, wharf, or pier,
and remains moored, no vessel 1600 gross tons or greater is permitted
within the RNA without the permission of the Captain of the Port
(COTP).
(ii) All vessels under 1600 gross tons shall keep clear of
transiting LNG tankships.
(iii) The owner, master, or operator of a vessel carrying liquefied
natural gas (LNG) shall:
(A) Comply with the notice requirements of 33 CFR 160. Updates are
encouraged at least 12 hours before arrival at the RNA boundaries. The
COTP may delay the vessel's entry into the RNA to accommodate other
commercial traffic. LNG tankships are further encouraged to include in
their notice a report of the vessel's propulsion and machinery status
and any outstanding recommendations or deficiencies identified by the
vessel's classification society and, for foreign flag vessels, any
outstanding deficiencies identified by the vessel's flag state.
(B) Obtain permission from the COTP before commencing the transit
into the RNA.
(C) While transiting, make security broadcasts every 15 minutes as
recommended by the U.S. Coast Pilot 4 Atlantic Coast. The person
directing the vessel must also notify the COTP telephonically or by
radio on channel 13 or 16 when the vessel is at the following
locations: Sea Buoy, Savannah Jetties, and Fields Cut.
(D) Not enter or get underway within the RNA if visibility during
the transit is not sufficient to safely navigate the channel, and/or
wind speed is, or is expected to be, greater than 25 knots.
(E) While transiting the RNA, the LNG tankship shall have
sufficient towing vessel escorts.
(2) Requirements for LNG facilities:
(i) The operator of a facility where a LNG tankship is moored shall
station and provide a minimum of two escort towing vessels each with a
minimum of 100,000 pounds of bollard pull, 4,000 horsepower and capable
of safely operating in the indirect mode, to escort transiting vessels
1600 gross tons or greater past the moored LNG tankship.
(ii) In addition to the two towing vessels required by paragraph
(d)(2)(i) of this section, the operator of the facility where the LNG
tankship is moored shall provide at least one standby towing vessel of
sufficient capacity to take appropriate actions in an emergency as
directed by the LNG vessel bridge watch.
(3) Requirements for vessel operations while a LNG tankship is
moored:
(i) While moored within the RNA, LNG tankships shall maintain a
bridge watch of appropriate personnel to monitor vessels passing under
escort and to coordinate the actions of the standby-towing vessel
required in paragraph (d)(2)(ii) of this section in the event of
emergency.
(ii) Transiting vessels 1600 gross tons or greater, when passing a
moored LNG tankship, shall have a minimum of two towing vessels, each
with a minimum capacity of 100,000 pounds of bollard pull, 4,000
horsepower, and the ability to operate safely in the indirect mode,
made-up in such a way as to be immediately available to arrest and
control the motion of an escorted vessel in the event of steering,
propulsion or other casualty. While it is anticipated that vessels will
utilize the facility provided towing vessel services required in
paragraph (d)(2)(i) of this section, this regulation does not preclude
escorted vessel operators from providing their own towing vessel
escorts, provided they meet the requirements of this part.
(A) Outbound vessels shall be made-up and escorted from Bight
Channel Light 46 until the vessel is safely past the LNG dock.
(B) Inbound vessels shall be made-up and escorted from Elba Island
Light 37 until the vessel is safely past the LNG dock.
(iii) All vessels of less than 1600 gross tons shall not approach
within 70 yards of an LNG tankship.
(e) LNG Schedule. The Captain of the Port will issue a Broadcast
Notice to Mariners to inform the marine community of scheduled LNG
tankship activities during which the restrictions imposed by this
section are in effect.
(f) Waivers. (1) The COTP may waive any requirement in this
section, if the COTP finds that it is in the best interest of safety or
in the interest of national security.
(2) An application for a waiver of these requirements must state
the compelling need for the waiver and describe the proposed operation
and
[[Page 46868]]
methods by which adequate levels of safety are to be obtained.
(g) Enforcement. 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 regulated
navigation area contrary to the provisions of this section.
Dated: July 3, 2002.
J.S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 02-18010 Filed 7-16-02; 8:45 am]
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