Security Zone, Elba Island LNG Mooring Slip, Savannah River, Savannah, GA, 27244-27246 [E7-9230]

Download as PDF 27244 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 3. In appendix C to part 4022, Rate Set 164, as set forth below, is added to the table. I Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * * * * For plans with a valuation date Immediate annuity rate (percent) Rate set On or after * * 164 ........................................ * Before * Deferred annuities (percent) * 6–1–07 7–1–07 i2 i1 * 4.00 3.00 i3 n1 * 4.00 n2 * 7 4.00 8 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used To Value Benefits 5. In appendix B to part 4044, a new entry for June 2007, as set forth below, is added to the table. * I 4. The authority citation for part 4044 continues to read as follows: I * * * * The values of it are: For valuation dates occurring in the month— it * * * June 2007 ......................................................................... Issued in Washington, DC, on this 10th day of May 2007. Vincent K. Snowbarger, Interim Director, Pension Benefit Guaranty Corporation. [FR Doc. E7–9331 Filed 5–14–07; 8:45 am] for t = it * * .0514 1–20 DEPARTMENT OF HOMELAND SECURITY Coast Guard ADDRESSES: .0481 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. BILLING CODE 7709–01–P 33 CFR Part 165 [COTP SAVANNAH 06–160] RIN 1625–AA87 Security Zone, Elba Island LNG Mooring Slip, Savannah River, Savannah, GA Coast Guard, DHS. Final rule. AGENCY: ACTION: cprice-sewell on PROD1PC62 with RULES for t = 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°05.01′ N, 080°59.38′ W, to the southeastern most mooring dolphin, located at approximately 32°04.79′ N, 080°59.35′ VerDate Aug<31>2005 15:53 May 14, 2007 Jkt 211001 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 * >20 it for t = * N/A N/A 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 E:\FR\FM\15MYR1.SGM 15MYR1 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 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. cprice-sewell on PROD1PC62 with RULES 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′ North, 080[deg]59.20′ West. This was an incorrect position, and should have been 32[deg]04.79′ North, 080[deg]59.35′ 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 VerDate Aug<31>2005 15:26 May 14, 2007 Jkt 211001 27245 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. Civil Justice Reform Small Entities Protection of Children 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. 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. Collection of Information Energy Effects This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). 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. 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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. 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. 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. E:\FR\FM\15MYR1.SGM 15MYR1 27246 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 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. DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 2 RIN 2900–AM61 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I ACTION: 2. Revise § 165.751 to read as follows: cprice-sewell on PROD1PC62 with RULES § 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: 15:26 May 14, 2007 Jkt 211001 Change in Secretary’s Delegation of Authority and Clarification of that Authority Department of Veterans Affairs. Final rule. AGENCY: 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. VerDate Aug<31>2005 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] BILLING CODE 4910–15–P List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Safety measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I (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 § 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. SUMMARY: This document amends the Department of Veterans Affairs (VA) delegation regulation, which authorizes a VA official to take final action on complaints of employment discrimination when the Office of Employment Discrimination Complaint Adjudication (OEDCA) recuses itself due to a conflict of interest. The amendment provides that the Secretary of Veterans Affairs has delegated authority to take such action to the Chairman, Board of Veterans’ Appeals, and clarifies that such authority includes awarding remedial relief in cases where there has been a finding of discrimination. DATES: Effective Date: May 15, 2007. FOR FURTHER INFORMATION CONTACT: Charles R. Delobe, Director, Office of Employment Discrimination Complaint Adjudication (00D), Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420 (Tel. 202– 254–0063). SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 319 and 38 CFR 2.6(i), OEDCA PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 has authority to take final action on complaints of employment discrimination filed by VA employees, former employees, and applicants for employment. Under 38 U.S.C. 501, the Secretary has authority to prescribe rules and regulations necessary to carry out the laws administered by VA. Further, under 38 U.S.C. 512, the Secretary may delegate authority to officers and employees of the Department as the Secretary deems necessary. In cases where OEDCA recuses itself due to an actual, apparent, or potential conflict of interest, the Secretary delegates authority to another official in the Department to take such action. In the past, that authority was delegated to the Chairman, Board of Contract Appeals, under current 38 CFR 2.6(j). This document amends § 2.6(j) to reflect the change in this delegation of authority to the Chairman, Board of Veterans’ Appeals. The change in delegated authority is necessary because there has been a transfer of functions and personnel of the VA Board of Contract Appeals to the General Services Administration, which occurred on January 6, 2007. The amendment also clarifies that the delegated authority includes the authority to grant all appropriate remedies and relief in cases where there is a finding of discrimination. Administrative Procedures Act This final rule concerns VA agency organization, procedure, and practice, specifically delegation of authority to offices or employees of the Department to perform certain acts or render decisions. Accordingly, the prior notice and comment and delayed effective date provisions of 5 U.S.C. 553 do not apply to this rule. Paperwork Reduction Act This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501–3520). Regulatory Flexibility Act The initial and final regulatory flexibility analysis requirements of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 601–612, are not applicable to this rule because a notice of proposed rulemaking is not required for this rule. Even so, the Secretary of Veterans Affairs hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act. This final rule would not affect any small entities. Only VA employees, former employees, and E:\FR\FM\15MYR1.SGM 15MYR1

Agencies

[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Rules and Regulations]
[Pages 27244-27246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9230]


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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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P