[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34929-34932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14851]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0542]
RIN 1625-AA00


Safety Zones: Neptune Deep Water Port, Atlantic Ocean, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 34930]]

SUMMARY: The Coast Guard is establishing two temporary safety zones 
extending 500 meters in all directions from each of the two submerged 
turret loading (STL) buoys and accompanying systems that are part of 
GDF Suez Energy's Neptune Deepwater Port located in the Atlantic Ocean 
off of Boston, Massachusetts. The purpose of these temporary safety 
zones is to protect vessels and mariners from the potential safety 
hazards associated with construction of the deepwater port facilities 
and the large sub-surface turret buoys, and to protect the deepwater 
port infrastructure. All vessels, with the exception of deepwater port 
support vessels, are prohibited from entering into, remaining or moving 
within either of the safety zones.

DATES: This rule is effective in the CFR on June 21, 2010. This rule is 
effective with actual notice for purposes of enforcement from 12:01 
a.m. June 12, 2010 until 11:59 p.m. December 31, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0542 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0542 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Commander Pamela Garcia, 
Prevention Department, Coast Guard Sector Boston; telephone 617-223-
3028, e-mail [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The deepwater port facilities discussed 
elsewhere in this rule are in the final stages of completion and 
present a potential safety hazard to vessels, especially fishing 
vessels, operating in the vicinity of submerged structures associated 
with the deepwater port facility. A more robust regulatory scheme, 
(NPRM; USCG-2009-0589), to ensure the safety and security of vessels 
operating in the area, was developed via separate rulemaking, and was 
available for review and comment at the Web site http://www.regulations.gov. These safety zones are needed pending 
implementation of a final regulatory action, which will be proposed in 
a separate rulemaking docket titled: Neptune Deep Water Port, Atlantic 
Ocean, Boston, MA; Final Rule (USCG-2009-0589), to protect vessels from 
the hazard posed by the presence of the currently uncharted, submerged 
deepwater infrastructure.
    The current construction schedule that includes installation of 
underwater structures does not allow time to conduct a notice and 
comment period for this rule therefore publication of an NPRM is 
impractical. Further, delaying the effective date pending completion of 
notice and comment rulemaking is contrary to the public interest to the 
extent it would expose vessels currently operating in the area to the 
known, but otherwise uncharted submerged hazards.
    For the reasons outlined above, the Coast Guard finds under 5 
U.S.C. 553(d)(3) that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Further, a 
delay or cancellation of this portion of the construction to facilitate 
30 days publication before the rule is made effective is contrary to 
the public's interest in the timely completion of this project.

Basis and Purpose

    On March 23, 2007, the Maritime Administration (MARAD), in 
accordance with the Deepwater Port Act of 1974, as amended, issued a 
license to Suez Energy to own, construct, and operate a natural gas 
deepwater port, ``Neptune''. Neptune Deepwater Port (NEPTUNE) is 
located in the Atlantic Ocean, approximately eight nautical miles 
South-southeast of Gloucester, Massachusetts, in Federal waters. The 
two STL buoys, which are circled at approximately 500 meters on the 
surface of the water by several small white buoys labeled LNG with red 
flags and radar-reflected buoys known as Hi Flyers are located in the 
following approximate positions: STL Buoy A: Latitude 
42[deg]29[min]12.3[sec] N, Longitude 070[deg]36[min]29.7[sec] W; and, 
STL Buoy B: Latitude 42[deg]27[min]20.5[sec] N, Longitude 
070[deg]36[min]07.3[sec] W. The Neptune Deepwater Port can accommodate 
the mooring, connecting, and offloading of two liquefied natural gas 
carriers (LNGCs) at one time. The Neptune Deepwater Port operator plans 
to offload LNGCs by regasifying the liquefied natural gas (LNG) on 
board the vessels. The regasified natural gas is then transferred 
through two STL buoys, via a flexible riser leading to a seabed 
pipeline that ties into the existing Algonquin Gas Transmission 
Pipeline for transfer to shore. GDF Suez 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. The temporary zones created by 
this rule ensures that there is no gap in safety regulations so as to 
ensure the safety of persons and vessels operating around the submerged 
deepwater port infrastructure while public comments on the NPRM 
creating permanent regulations around the Neptune Deepwater Port 
facility are analyzed and final regulatory action is completed.

Discussion of Rule

    The Coast Guard is establishing two temporary safety zones of 500 
meters in radius around the two Neptune Deepwater Port STL buoys as 
described above to protect vessels from these submerged hazards. All 
vessels, other than Liquefied Natural Gas carriers and associated 
support vessels are prohibited from entering into, remaining or moving 
within the safety and security zones.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.

[[Page 34931]]

    This regulation is not significant as it establishes a safety zone 
around the buoys and under water infrastructure of the Neptune Deep 
Water Port. Extensive outreach has been conducted by the company, GDF 
Suez Energy, with the local boating and fishing community so as to 
minimize impacts. In addition, the company has stationed a vessel at 
the location of the Neptune project to notify vessels potentially 
conducting under water operations of the local dangers.

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 fishing and recreational 
vessels intending to transit or anchor in a portion of the Atlantic 
Ocean, Massachusetts Bay area covered by this rule. These safety zones 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons. These two safety zones only 
extend for 500 meters from each of the STL buoys allowing navigation in 
all other areas of Massachusetts Bay and public notification of the 
safety and the inherent dangers of the STL buoys and underwater 
equipment will continue to be made by the Coast Guard as well as 
Neptune personnel.

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 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule

[[Page 34932]]

involves the creation of two safety zones around a submerged buoy and 
its associated infrastructure. An environmental analysis checklist and 
a 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 Sec.  165.T01-0542 to read as follows:


Sec.  165.T01-0542  Safety Zones: Neptune Deepwater Port, Atlantic 
Ocean, Boston, MA.

    (a) Location. The following areas are safety zones: All navigable 
waters of the United States within a 500-meter radius of each of the 
two STL buoys of the Neptune Deepwater Port, marked on the surface of 
the water by several small, white buoys labeled LNG with red flags and 
radar-reflected buoys known as ``Hi Flyers'' located at approximate 
positions 42[deg]29'12.3'' N, 070[deg]36'29.7'' W and 42[deg] 27'20.5'' 
N, 070[deg]36'07.3'' W. [NAD83].
    (b) Notification. Coast Guard Sector Boston will cause notice of 
the enforcement of this temporary safety zone to be made by all 
appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Enforcement Period. This safety zone will be enforced at 12:01 
a.m. Saturday June 12, 2010 until 11:59 p.m. December 31, 2010.
    (d) 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.
    (e) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) In accordance with the general regulations entry into or 
movement within these safety zones is prohibited unless authorized by 
the Captain of the Port Boston. Liquefied Natural Gas Carrier vessels 
and related Support Vessels calling on the Neptune Deepwater Port are 
authorized to enter and move within the safety zones of this section in 
the normal course of their operations.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port or authorized representative.
    (4) Upon being hailed by an authorized representative by siren, 
radio, flashing light or other means, the operator of the vessel shall 
proceed as directed.
    (5) Persons and vessels may contact the Coast Guard to request 
permission to enter the zone on VHF-FM Channel 16 or via phone at 617-
223-5761.

    Dated: June 9, 2010.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2010-14851 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P