[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Rules and Regulations]
[Pages 31612-31614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12361]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0301]
RIN 1625-AA87


Security Zone; Liquefied Natural Gas Carriers, Massachusetts Bay, 
MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
around Liquefied Natural Gas Carriers (LNGCs) approaching, engaging, 
regasifying, disengaging, mooring or otherwise conducting operations at 
the deepwater port facility in Massachusetts Bay, the Northeast Gateway 
Deepwater Port. The zone temporarily closes all waters of Massachusetts 
Bay within a five hundred (500) meter radius of LNCG vessels in the 
vicinity of the position 42[deg]23' N, 070[deg]36' W. The security zone 
is necessary to protect LNGCs calling on the deepwater port from 
security threats or other subversive acts. Entry into this zone is 
prohibited during the closure period unless authorized by the Captain 
of the Port Boston, Massachusetts.

DATES: This rule is effective from May 16, 2008, through July 12, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0301 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the U.S. 
Coast Guard Sector Boston, 427 Commercial Street, Boston, MA 02109 
between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Chief Eldridge McFadden at 617-223-3000. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The logistics with respect to 
the pending arrival of LNGC vessels was not determined with sufficient 
time to draft and publish an NPRM. A more robust regulatory scheme to 
ensure the security of vessels operating in the area has been developed 
via separate rulemaking, and is available for review and comment at the 
website www.regulations.gov using a search term of USCG-2007-0087. The 
temporary security zones promulgated by this rule are needed for 
vessels scheduled to arrive prior to implementation of the final 
regulatory scheme proposed in the USCG-2007-0087 docket. Delaying the 
effective date of this rule is contrary to the public interest to the 
extent it would leave the Coast Guard without a regulatory enforcement 
tool to ensure the security of LNGCs scheduled to call on the deepwater 
port in the near future.
    For these same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    Excelerate Energy will be using LNGCs to bring liquefied natural 
gas to Massachusetts Bay to discharge its cargo. It will be discharging 
the cargo at the Northeast Gateway Deepwater Port (NEGDWP) located in 
the Atlantic Ocean, approximately 7 nautical miles south-southeast of 
the City of Gloucester, Massachusetts, in Federal waters. The NEGDWP 
operator plans to offload the LNGCs by regasifying the LNG on board the 
vessel. The regasified natural gas is then transferred through two 
submerged turret loading buoys, via a flexible riser leading to a 
seabed pipeline that ties into the Algonquin Gas Transmission Pipeline 
for transfer to shore.
    In order to ensure security at and around LNGCs engaged in 
regasification and transfer operations at the NEGDWP deepwater port, 
the Coast Guard Captain of the Port, Boston is exercising its authority 
under the Ports and Waterway Safety Act (33 U.S.C. 1221, et seq.) to 
place a security zone within the vicinity of any LNGC vessel 
approaching, engaging, regasifying, disengaging, mooring or otherwise 
conducting operations at the deepwater port facility in Massachusetts 
Bay that would prohibit vessels from entering all waters within a 500-
meter radius of the vessel.

Discussion of Rule

    The Coast Guard is establishing a temporary security zone 
encompassing all waters within a 500-meter radius of any LNGC, which is 
carrying LNG while it is approaching, engaging, regasifying, 
disengaging, mooring, or otherwise conducting operations at the NEGDWP.

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.
    The temporary security zones implemented by this rule will only be 
enforced while LNGCs call on the Northeast Gateway Deepwater port. 
Moreover, the zones implemented by this rule are co-extensive with 
safety zones in 33 CFR 165.T01-0372 (73 FR 28041, May 15, 2008) already 
in place around the deepwater port itself. Accordingly, the COTP 
anticipates little net impact on marine traffic and waterway users from 
the addition of the security zones created by this temporary rule.

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 rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of Massachusetts Bay from May 16, 2008 through 
July 12, 2008. This security zone will not have a significant economic 
impact on a substantial number of small entities for the reason 
described under the Regulatory Evaluation section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees

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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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 may 
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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.
    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 
which guides 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 Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
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.

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, 3306, 
3703; 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. Add temporary Sec.  165.T01-0301 to read as follows:


Sec.  165.T01-0301  Security Zone: Liquefied Natural Gas Carrier 
Transit and Anchorage Operations, Massachusetts Bay, MA.

    (a) Location. The following area is a security zone:
    All waters of Massachusetts Bay, from surface to bottom, within a 
five hundred (500) meter radius of any Liquefied Natural Gas Carrier 
engaged in regasification or transfer, or otherwise moored, anchored, 
or affixed to the Northeast Gateway Deepwater Port located in 
Massachusetts Bay at approximate position 42[deg]23' N, 70[deg]36' W.
    (b) Effective period. This section is effective from May 16, 2008, 
through July 12, 2008.
    (c) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned, 
warrant, or petty officer or a Federal, State, or local law enforcement 
officer designated by or assisting the Captain of the Port, Boston 
(COTP).
    Deepwater port means any facility or structure meeting the 
definition of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition of support 
vessel in 33 CFR 148.5.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33

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of this part, entry into or movement within the security zones is 
prohibited unless authorized by the COTP or his/her authorized 
representative. Support vessels assisting the Liquefied Natural Gas 
Carrier calling on the Northeast Gateway Deepwater Port are authorized 
to enter and move within the security zones of this section in the 
normal course of their operations.
    (2) Vessel operators desiring to enter or operate within the 
security zone must contact the COTP or the COTP's designated 
representative to obtain permission by calling the Sector Boston 
Command Center at 617-223-5761 or via VHF-FM Channel 16. All persons 
and vessels granted permission to enter the security zone shall comply 
with the directions of the COTP or the COTP's authorized 
representative.

    Dated: May 15, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
 [FR Doc. E8-12361 Filed 6-2-08; 8:45 am]
BILLING CODE 4910-15-P