Revision for Regulated Navigation Area; Savannah River, GA, 25506-25508 [2019-11258]
Download as PDF
<![CDATA[
25506
Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules
jbell on DSK3GLQ082PROD with PROPOSALS
with respect to the type, class, or
category aircraft involved, that person—
*
*
*
*
*
(4) Has satisfactorily completed the
applicable training requirements of
§ 135.340; and
(5) Holds a first-class or second-class
medical certificate, as appropriate, if
serving as a required flightcrew
member.
(c) No certificate holder may use a
person, nor may any person serve as a
flight instructor (aircraft) in a training
program established under this subpart
unless, with respect to the type, class,
or category aircraft involved, that person
has satisfied the recency of experience
requirements of § 135.247.
(d) Completion of the requirements in
paragraphs (b)(2), (3), and (4) of this
section, as applicable, must be entered
in the individual’s training record
maintained by the certificate holder.
(e) A medical certificate is not
required for a person to serve as a check
pilot, unless that check pilot is a
required flightcrew member in an
operation under this part.
(f) * * *
(1) Fly at least two flight segments as
a required crewmember for the type,
class, or category aircraft involved
within the 12-month period preceding
the performance of any flight instructor
duty in an FSTD; or
(2) Satisfactorily complete an
approved line-observation program
within the period prescribed by that
program preceding the performance of
any flight instructor duty in an FSTD.
*
*
*
*
*
■ 7. In part 135, remove the word
‘‘airmen’’ and add, in its place, the word
‘‘pilots’’ in the following places:
■ a. Section 135.321 paragraph (a)(2);
■ b. Section 135.323 paragraph (a)(4);
■ c. Section 135.324 paragraph (b)(4);
and
■ d. Section 135.339 section heading,
and paragraphs (c) through (e) and (g).
■ 8. In part 135, remove the word
‘‘airman’’ and add, in its place, the word
‘‘pilot’’ in the following places:
■ a. Section 135.113 introductory text;
■ b. Section 135.297 paragraph (c)(2);
■ c. Section 135.323 paragraphs (a)(1)
and (c);
■ d. Section 135.339 paragraphs (a),
(c)(1), (d); and
■ e. Section 135.340 paragraph (a)(2).
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f), 44701(a)(5), and
44705, on May 17, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards
Service.
[FR Doc. 2019–11086 Filed 5–31–19; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:08 May 31, 2019
Jkt 247001
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend the regulated navigation area
(RNA) on the Savannah River located
between Fort Jackson, GA (32°04.93 N,
081°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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Joseph
Palmquist, Coast Guard; telephone 912–
652–4353 ext. 221, email
joseph.b.palmquist@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ 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
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
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
E:\FR\FM\03JNP1.SGM
03JNP1
Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules
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.
jbell on DSK3GLQ082PROD with PROPOSALS
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
VerDate Sep<11>2014
16:08 May 31, 2019
Jkt 247001
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
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
25507
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.
E:\FR\FM\03JNP1.SGM
03JNP1
25508
Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules
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.
jbell on DSK3GLQ082PROD with PROPOSALS
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
VerDate Sep<11>2014
16:08 May 31, 2019
Jkt 247001
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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
PO 00000
Frm 00014
Fmt 4702
Sfmt 9990
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
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.
2. Amend § 165.756 by:
a. Removing in paragraph (b), the
definitions for ‘‘Fire Wire’’, ‘‘Made-up’’,
and ‘‘Make-up’’;
■ b. Removing paragraphs (d)(2), (d)(4),
(d)(5) and (d)(6); redesignate paragraph
(d)(3) as paragraph (d)(2);
■ 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
■ d. Adding new paragraph (d)(3) to
read as follows:
■
■
§ 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
E:\FR\FM\03JNP1.SGM
03JNP1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov. If your material cannot be
submitted using https://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
