Revision for Regulated Navigation Area; Savannah River, GA
| Published date | 03 June 2019 |
| Citation | 84 FR 25506 |
| Record Number | 2019-11258 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 106 (Monday, June 3, 2019)
[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Proposed Rules]
[Pages 25506-25508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11258]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0648]
RIN 1625-AA11
Revision for Regulated Navigation Area; Savannah River, GA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the regulated navigation
area (RNA) on the Savannah River located between Fort Jackson, GA
(32[deg]04.93 N, 081[deg]02.19 W) and the Savannah River Channel
Entrance Sea Buoy. This document proposes to remove inapplicable and/or
outdated definitions, processes and requirements in the RNA following a
change in capability, infrastructure and layout of the Southern
Liquefied Natural Gas (LNG) facility on the Savannah River. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 2, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0648 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Joseph Palmquist, Coast Guard;
telephone 912-652-4353 ext. 221, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GT Gross tons
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
RNA Regulated Navigation Area
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On September 10, 2007, the Coast Guard published a final rule
titled ``Regulated Navigation Area: Savannah River, Savannah, GA'' at
33 CFR 165.756. (72 FR 51555). That rule established a RNA around the
Southern LNG facility on the Savannah River at Elba Island. Since
publishing the previous rule, there have been changes both to the
facility layout and to the types of vessels that make calls to the
facility. United States Coast Guard Marine Safety Unit Savannah, GA
held a public meeting to solicit public input on suggested changes to
this RNA. The public input we received is described in the Public
Participation and Request for Comments section of this NPRM. Therefore,
the U.S. Coast Guard proposes revision of and amendments to the RNA to
account for these changes and to ensure the safety and security of the
marine environment during LNG tankship operations. The Coast Guard
proposes this rulemaking under authority in 46 U.S.C. 70041 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Commander of the Seventh Coast Guard District proposes to amend
the Southern LNG facility RNA (33 CFR 165.756) as follows. The proposed
rule removes the definitions of ``Fire Wire'', ``Made-up'', and ``Make-
up'' because these terms do not align with the updated Oil Companies
International Maine Forum (OCIMF) guidance. Additionally, the proposed
rule removes requirements for LNG tankships moored inside the LNG
facility slip because the facility layout and capabilities changed,
rendering the requirements unnecessary. LNG tankships no longer moor
outside Southern LNG facility slip; they only moor inside the facility
slip.
The current regulation prohibits vessels 1600 gross tons (GT) or
greater from overtaking within 1000 yards of the LNG facility slip when
a LNG tankship is present within the slip. This proposed rule would
instead not allow these vessels to meet nor overtake within the area
adjacent to either side of the Southern LNG facility slip when an LNG
tankship is present within the slip. The purpose of changing the
language to ``adjacent to either side of the LNG facility'' rather than
an exact distance is due to the changes of the facility layout,
including the facility no longer having the capabilities or
infrastructure to moor an LNG tankship outside of the Southern LNG
facility slip.
This proposed rule removes the requirements for an LNG tankship
that is moored outside of the Southern LNG facility slip. Since
publishing the previous rule, there have been changes both to the
facility infrastructure and to the types of vessels that make calls to
the facility. The LNG tankships visiting
[[Page 25507]]
Southern LNG are only moored inside the LNG facility slip, not outside
the LNG facility slip. The slip outside of the LNG facility no longer
has the capability to moor LNG tankships. The change to Southern LNG
facility infrastructure capacity has made these requirements
unnecessary.
Finally, the proposed changes remove various requirements for
vessels within the RNA. Vessels 1600 GT or greater will no longer be
required to have two towing vessels when passing a LNG tankship moored
outside of the LNG facility slip. Having two tugs is not required due
to the change in capability, infrastructure and layout of the Southern
LNG facility. Specifically, two tugs would not be required based on
transiting vessel's proximity to LNG tankships moored inside the
Southern LNG facility slip. Additionally, because transiting vessels
can communicate and safely transit each other using VHF communications
the Coast Guard has proposed removing various bridge watch requirements
for vessels moored at the Southern LNG facility.
These proposed changes are necessary to ensure the safety of
persons and property within the RNA during LNG tankship operations and
transfers after changes in the facility layout. The changes to the
regulatory text we are proposing appear at the end of this document.
IV. Regulatory Analyses
We developed this proposed amendment to the Southern LNG facility
RNA at 33 CFR 165.756 after considering numerous statutes and Executive
orders related to rulemaking. Below we summarize our analyses based on
a number of these statutes and Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This proposed amendment
and revision has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
The economic impact of this proposed rule amendment is not
significant, as the amendment does not impact the area or effective
period of the current rule, but rather updates definitions and
processes based on changes both to the facility layout and to the types
of vessels that make calls to the LNG facility.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section IV.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a 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.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a RNA when an LNG tankship in
excess of heel is transiting the area or moored at the LNG facility.
Normally such actions are categorically excluded from further review
under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
[[Page 25508]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. A public meeting was held on July 25, 2018 to determine whether
proposed amendments or revisions to the current RNA were necessary.
Members of the public, representatives from relevant marine industry,
and members of the Coast Guard were in attendance. One comment was
received regarding the notice of the public meeting, which was not
germane to the substance of the proposed changes. A summary of comments
received during the public meeting is available in the docket.
One participant proposed removing reference in the regulation to
LNG tankships being moored outside of the Southern LNG facility slip as
the facility no longer has this capability because the dock has been
decommissioned. The Coast Guard agrees and in response to this comment
proposes removal of any reference to LNG tankships being moored outside
of the Southern LNG facility slip. The reference ``inside'' and
``outside'' the LNG facility remains described in various sections to
avoid confusion as to what infrastructure is being referenced with the
proposed rule. The proposed rule will only reference LNG tankships
moored inside Southern LNG facility slip. This reference accurately
describes where LNG tankship moor at Southern LNG.
One participant proposed modifying the 1,000-yard area requirement
in which vessels 1,600 gross tons or greater may pass by the slip by
removing the 1,000-yard requirement and inserting ``adjacent to the
slip.'' The Savannah Pilots indicated their concurrence with this
proposal. The Coast Guard agrees and in response proposes to remove the
aforementioned 1,000-yard requirement and replace the language
``adjacent to the slip.''
One participant suggested that maintaining a bridge watch on the
LNG vessel was unnecessary. The representative from Shell Shipping and
Maritime indicated that nowhere else is a bridge watch maintained on an
LNG vessel, and recommended eliminating the requirement. The
representative from the Savannah Maritime Association requested
information on how to communicate with passing vessels and the use of
VHF communications. The Coast Guard agrees with the recommendation, and
proposes to eliminate the requirement for a bridge watch.
One participant requested an estimated number of times the RNA
would be enacted in a year. The representative from Kinder Morgan
estimated 36 vessels per year would import LNG to the Southern LNG
facility.
One participant suggested definitions of different types of
vessels, such as barges and tankships, should be added to the current
regulation. The representative from Kinder Morgan suggested that barges
are not tankships and as such should not be included in the regulation.
The Coast Guard agrees, and does not propose to include any such
definitions at this time.
Several comments received considered the use of the RNA by barges
and the need for inclusion. The Coast Guard does not believe reference
to barges in the current regulation is required at this time.
The Coast Guard will consider all comments and material received
during the comment period to this proposal. Your comment can help shape
the outcome of this rulemaking. If you submit a comment, please include
the docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 165.756 by:
0
a. Removing in paragraph (b), the definitions for ``Fire Wire'',
``Made-up'', and ``Make-up'';
0
b. Removing paragraphs (d)(2), (d)(4), (d)(5) and (d)(6); redesignate
paragraph (d)(3) as paragraph (d)(2);
0
c. Removing in newly designated paragraphs (d)(2)(i) and (ii), the
words ``as directed by the LNG vessel bridge watch required in
paragraph (d)(5) of this section.'' and
0
d. Adding new paragraph (d)(3) to read as follows:
Sec. 165.756 Regulated Navigation Area; Savannah River, Georgia.
* * * * *
(d) * * *
(3) Requirements for other vessels while within the RNA. (i)
Vessels 1,600 gross tons or greater shall at a minimum, transit at bare
steerageway when within an area 1,000 yards on either side of the LNG
facility slip to minimize potential wake or surge damage to the LNG
facility and vessel(s) within the slip.
(ii) Vessels 1,600 gross tons or greater shall not meet nor
overtake within the area adjacent to either side of the LNG facility
slip when an LNG tankship is present within the slip.
(iii) Except for vessels involved in those operations noted in
paragraph (c) of this section entitled Applicability, no vessel shall
enter the LNG facility slip at any time without the permission of the
Captain of the Port.
* * * * *
Dated: May 24, 2019.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-11258 Filed 5-31-19; 8:45 am]
BILLING CODE 9110-04-P
