[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Rules and Regulations]
[Pages 39868-39871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15947]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Nos. USCG-2008-0372 and USCG-2008-0301]
RIN 1625-AA00 and RIN 1625-AA87


Safety Zones; Northeast Gateway Deepwater Port, Atlantic Ocean, 
MA and 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 extending the duration of two temporary 
safety zones of 500 meter radii around the primary components, two 
independent submerged turret-loading buoys, of Excelerate Energy's 
Northeast Gateway Deepwater Port, Atlantic Ocean, and its accompanying 
systems, as well as extending the duration of the temporary security 
zone around Liquefied Natural Gas Carrier (LNGC) vessels approaching, 
engaging, regasifying, disengaging, mooring, or otherwise conducting 
operations at the deepwater port facility in Massachusetts Bay. The 
purpose of these temporary safety zones is to protect vessels and 
mariners from the potential safety hazards associated with deepwater 
port facilities. All vessels, with the exception of deepwater port 
support vessels, are prohibited from entering into or moving within 
either of the safety zones. The security zone is necessary to protect 
LNGC vessels calling on the deepwater port from security threats or 
other subversive acts.

DATES: This rule extends the current temporary regulations, which have 
been in effect since May 7, 2008 (USCG-2008-0372) (73 FR 28039), and 
May 16, 2008 (USCG-2008-0301) (73 FR 31612), through July 17, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0372 and USCG-2008-0301 
respectively, are available online at www.regulations.gov. They are 
also available for inspection or copying at 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 Petty Officer Eldridge McFadden, Waterways 
Management Division, U.S. Coast Guard Sector Boston, at 617-223-5160. 
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 deepwater port facilities 
discussed

[[Page 39869]]

elsewhere in this rule were recently completed and present potential 
safety hazards to vessels, especially fishing vessels, operating in the 
vicinity of submerged structures associated with the deepwater port 
facility. A more robust regulatory scheme to ensure the safety and 
security of vessels operating in the area, has been developed via 
separate rulemaking, and is available for review and comment at the Web 
site http://www.regulations.gov using a search term of USCG-2007-0087. 
That final rulemaking was published in the June 17, 2008, Federal 
Register (73 FR 34191) and will go into effect on July 17, 2008. This 
rule extends the existing temporary safety zones around the deepwater 
port infrastructure, as well as the temporary security zone around 
vessels scheduled to arrive in port, currently set to expire on July 
12, 2008, until July 17, 2008, the effective date of the larger 
rulemaking. This extension is necessary to protect vessels from the 
hazards posed by the presence of the currently uncharted, submerged 
deepwater infrastructure. Failing to delay the effective day of this 
extension pending completion of notice and comment rulemaking is 
contrary to the public interest to the extent it could expose vessels 
currently operating in the area to the known, but otherwise uncharted 
submerged hazards. In addition, it would leave the Coast Guard without 
the regulatory enforcement tool that a security zone provides for 
vessels scheduled to call on the deepwater port in the near future.
    For the 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

    On May 14, 2007, the Maritime Administration (MARAD), in accordance 
with the Deepwater Port Act of 1974, as amended, issued a license to 
Excelerate Energy to own, construct, and operate a natural gas 
deepwater port, ``Northeast Gateway.'' Northeast Gateway Deepwater Port 
(NEGDWP) is located in the Atlantic Ocean, approximately 13 nautical 
miles south-southeast of the City of Gloucester, Massachusetts, in 
Federal waters. The NEGDWP will accommodate the mooring, connecting, 
and offloading of two liquefied natural gas carriers (LNGCs) at one 
time. The NEGDWP operator plans to offload LNGC by degasifying the LNG 
on board the vessels. 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.
    Excelerate recently completed installation of the STL buoys and 
associated sub-surface infrastructure, which includes, among other 
things, a significant sub-surface sea anchor and mooring system.
    In December 2007, the Coast Guard established a safety zone around 
the submerged turret loading buoys while regulations were developed to 
protect the buoys as well as passing vessels. See 73 FR 1274. That 
temporary safety subsequently expired and was re-established by the 
Coast Guard on May 15, 2008. See 73 FR 28039. That temporary safety 
zone is set to expire on July 12, 2008. On June 3, 2008, the Coast 
Guard published a rule establishing a security zone around vessels 
engaging in operations in the Northeast Gateway Deepwater Port. See 73 
FR 31612. The final rule discussed in docket number USCG-2007-0087 was 
ultimately published in the Federal Register on June 17, 2008. See 73 
FR 34191. Accordingly, it will become effective on July 17. The 
temporary zones created by this rule ensure that there is no gap in 
authority to ensure safety around the submerged deepwater port 
infrastructure or around any vessels calling on the port until the 
final rule's effective date of July 17.

Discussion of Rule

    The Coast Guard is re-establishing two temporary safety zones 500 
meters around the Northeast Gateway Deepwater Port (NEGDWP) STL buoys 
as described above to protect vessels from submerged hazards and 
potential security threats or other subversive attacks. All vessels, 
other than LNGCs and associated support vessels, are prohibited from 
entering into or moving within the safety zones. The Coast Guard is 
also re-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.
    This rule extends the effective date of the safety zones 
established in 73 FR 28039 and the effective date of the security zone 
established in 73 FR 31612 through July 17, 2008.

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.
    This regulation may have some impact on the public in excluding 
vessels from the areas of these zones. This impact, however, is 
outweighed by the safety and security risks mitigated by the enactment 
of these zones.

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 may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor within 500 meters of the STL buoys for the deepwater port. 
The impact on small entities is expected to be minimal because vessels 
wishing to transit the Atlantic Ocean in the vicinity of the deepwater 
port may do so, provided they remain more than 500 meters from the 
buoys and any LNGC vessels calling on the deepwater port. Vessels 
wishing to fish in the area may do so in nearby and adjoining areas 
when otherwise permitted by applicable fisheries regulations.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

[[Page 39870]]

    If this rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call Lieutenant Merridith 
Morrison, Assistant Chief, Waterways Management Division, Coast Guard 
Sector Boston, at 617-223-3028.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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 
and the 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, under the Instruction, 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 as the rule establishes a 
safety zone.
    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, and Waterways.

Words of Issuance and Regulatory Text

    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. Amend Sec.  165.T01-0372 to add paragraph (d) to read as follows:


Sec.  165.T01-0372  Safety and Security Zones: Northeast Gateway, 
Deepwater Port, Atlantic Ocean, Boston , MA.

* * * * *
    (d) Effective Date. This section is effective from July 3, 2008 
until July 17, 2008.

0
3. Amend Sec.  165.T01-0301 to revise paragraph (b) to read as follows:


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

* * * * *

[[Page 39871]]

    (b) Effective Date. This section is effective from July 3, 2008 
until July 17, 2008.
* * * * *

    Dated: July 3, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
 [FR Doc. E8-15947 Filed 7-10-08; 8:45 am]
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