[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Pages 51374-51377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20746]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 150 and 165

[Docket No. USCG-2009-0589]
RIN 1625-AA00, RIN 1625-AA11


Regulated Navigation Areas, Safety Zones, Security Zones; 
Deepwater Ports in Boston Captain of the Port Zone, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing regulated navigation areas 
(RNAs) and safety and security zones around the recently constructed 
Neptune Deepwater Port Facility, and modifying RNA and safety zone 
regulations for the existing Northeast Gateway Deepwater Port (NEGDWP), 
both of which are located in the waters of the Atlantic Ocean off the 
coast of Gloucester, Massachusetts. The purpose of these regulated 
areas is to protect vessels and mariners from the potential safety 
hazards associated with deepwater port operations, and to protect the 
liquefied natural gas carriers (LNGCs) and deepwater port 
infrastructure from security threats or other subversive acts. All 
vessels, with the exception of LNGCs and deepwater port support 
vessels, will be prohibited from anchoring within 1,000 meters of the 
submerged turret loading (STL) buoys associated with the deepwater 
port, and prohibited from entering waters within 500 meters of the 
deepwater port STL buoys or the LNGCs using them. Additionally, vessels 
will be prohibited from deploying equipment which could become 
entangled in submerged infrastructure within 1,000 meters of STL buoys.

DATES: This rule is effective September 20, 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-2009-0589 and are available online at http://www.regulations.gov, inserting USCG-2009-0589 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 rule, 
call or e-mail LCDR Pamela Garcia, Coast Guard Sector Boston, 427 
Commercial St., Boston, MA; 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

    On April 1, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Areas, Safety Zones, Security 
Zones; Deepwater Ports in Boston Captain of the Port Zone, MA'' in the 
Federal Register (75 FR 16370). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

Basis and Purpose

    The basis for this rulemaking is the Coast Guard's authority to 
establish security zones, safety zones, and regulated navigation areas, 
under 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, 160.5; Public Law 107-
295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1. Generally, a security zone is an area of water, land, or both, 
designated for a certain time to protect vessels, harbors, ports, and 
waterfront facilities from sabotage, damage, or injury due to 
subversive acts, accidents, or other causes of a similar nature. A 
safety zone is an area of water, land, or both designated for a certain 
time for safety or environmental purposes. A regulated navigation area 
is a water area within a defined boundary for which regulations for 
vessels navigating within the area have been established, to control 
vessel traffic in a place determined to have hazardous conditions. 33 
CFR 165.10; U.S.C.G. Commandant Instruction Manual M16704.3A, 1-5, 1-6.
    The purpose of this rulemaking is to protect mariners from the 
hazards associated with submerged deepwater port infrastructure and to 
ensure safety at and around LNGCs engaged in regasification and 
transfer operations at the Neptune and Northeast Gateway deepwater 
ports. The Neptune RNAs will prohibit vessels from anchoring or 
otherwise deploying equipment that could become entangled in submerged 
infrastructure within 1,000 meters of Neptune's STL buoys, and will 
prohibit vessels from commercial fishing or other activities on or 
below the waterway using nets, dredges, traps, or remotely operated 
vehicles (ROVs). Diving in the Neptune RNAs will be prohibited without 
the permission of the COTP. This diving prohibition will also be 
extended to the existing RNAs for the Northeast Gateway Deepwater Port.

Background

    On March 23, 2007, the Maritime Administration (MARAD) in 
accordance with the Deepwater Port Act of 1974 (DPA), as amended, 33 
U.S.C. 1501 et seq., issued a license to Suez Energy to own, construct, 
and operate a natural gas deepwater port. This port, Neptune Deepwater 
Port (Neptune), is located in the Atlantic Ocean, approximately eight 
nautical miles south-southeast of Gloucester, Massachusetts, in Federal 
waters. The coordinates for the two submerged turret loading buoys are: 
STL Buoy A, Latitude 42[deg]29'12.3'' N, Longitude 70[deg]36'29.7'' W 
and STL Buoy B, Latitude 42[deg]27'20.5'' N, Longitude 70[deg]36'7.3'' 
W. Neptune can accommodate the mooring, connecting, and offloading of 
two (2) LNGCs at one time. Neptune's operator plans to

[[Page 51375]]

offload LNGCs by regasifying the liquefied natural gas (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.
    Among other powers, Coast Guard District Commanders may establish, 
in 33 CFR Part 165:
     Regulated navigation areas--Defined water areas determined 
to have hazardous conditions and in which vessel traffic can be 
regulated in the interest of safety;
     Safety zones--Water or shore areas to which access may be 
limited for safety or environmental purposes; and
     Security zones--Land or water areas subject to regulation 
to safeguard vessels, harbors, ports, or waterfront facilities from 
destruction, loss, or injury from sabotage or similar subversive acts.
    In the case of deepwater ports handling oil or natural gas, RNAs 
and safety or security zones established by the District Commander may 
also affect 33 CFR 150.940, which describes safety zones for specific 
deepwater ports. Insofar as deepwater port safety zones involve 
anchorage, they are established under the authority of the DPA, 33 
U.S.C. 1509(d)(1), for the purpose of ``navigational safety.'' If a 
deepwater port safety zone also provides for ``no anchoring areas'' 
(NAAs) or ``areas to be avoided'' (ATBAs), the District Commander must 
coordinate its establishment in accordance with 33 CFR 150.915, because 
NAAs and ATBAs require International Maritime Organization (IMO) 
approval. Current regulations establishing safety zones for deepwater 
ports in the Boston COTP Zone appear at 33 CFR 150.940(c).

Discussion of Comments and Changes

    No comments or changes were suggested to the proposed rule. None 
have been made, but we have recalculated latitude and longitude 
descriptions to the tenth of a second.

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.
    The USCG and MARAD are responsible for processing license 
applications to own, construct, and operate deepwater ports. To meet 
the requirements of the National Environmental Policy Act of 1969 
(NEPA), the Coast Guard, in cooperation with MARAD, prepared an 
Environmental Impact Statement (EIS) in conjunction with reviewing the 
Neptune licensing application. Among other things, the EIS assessed the 
potential economic impacts associated with the construction and 
operation of Neptune and determined this rule is not a significant 
regulatory action, including the no anchoring and limited access areas 
that will be implemented by this rule. That EIS is available in the 
public docket for the licensing application (USCG-2005-22611) at http://www.regulations.gov.

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, fish, or conduct other operations within 1,000 meters of the 
Neptune Deepwater Port STL buoys, as well as the owners or operators of 
vessels intending to conduct diving operations in the RNAs for NEGDWP. 
The impact on small entities is expected to be minimal because vessels 
wishing to transit the Atlantic Ocean in the vicinity of these 
deepwater ports may do so, provided they remain more than 500 meters 
from the deepwater port's STL buoys and any LNGC vessels calling on the 
deepwater port; and provided they refrain from deploying equipment 
which could become entangled in submerged infrastructure within 1,000 
meters of STL buoys. Vessels wishing to fish in the area may do so in 
nearby and adjoining areas where otherwise permitted by applicable 
fisheries regulations, and vessels wishing to conduct diving operations 
may do so with the permission of the COTP.

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 can better 
evaluate its effects on them and participate in the rulemaking.
    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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive

[[Page 51376]]

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 would 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. 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 involves the creation of new RNAs and safety and security 
zones, which falls within the categorical exclusion provisions of 
Paragraph 34(g) of the Commandant Instruction.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 150

    Harbors, Marine safety, Navigation (water), Occupational safety and 
health, Oil pollution, and Reporting and recordkeeping requirements.

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 Parts 150 and 165 as follows:

PART 150--DEEPWATER PORTS: OPERATIONS

0
1. The authority citation for Part 150 continues to read as follows:

    Authority:  33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), 
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 
68 FR 10619; Department of Homeland Security Delegation No. 
0170.1(70), (73), (75), (80).


0
2. Amend Sec.  150.940 by revising paragraph (c)(4)(iii) and adding 
paragraph (d) to read as follows:


Sec.  150.940  Safety zones for specific deepwater ports.

* * * * *
    (c) * * *
    (4) * * *
    (iii) All other vessel operators desiring to enter, operate or 
conduct diving operations within a safety zone described in paragraph 
(c)(1) of this section must contact the COTP, or the COTP's authorized 
representative, to obtain permission by contacting the Sector Boston 
Command Center at 617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). 
Vessel operators given permission to enter, operate, or conduct diving 
operations in a safety zone must comply with all directions given to 
them by the COTP or the COTP's authorized representative.
* * * * *
    (d) Neptune Deepwater Port (Neptune)
    (1) Location. The safety zones for Neptune consist of circular 
zones, each with a 500-meter radius and centered on each of Neptune's 
two submerged turret loading (STL) buoys. STL Buoy ``A'' is centered at 
the following coordinates: 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. Each 
safety zone encompasses, within the respective 500-meter circles, the 
primary components of Neptune, including a submerged turret loading 
buoy and a pipeline end manifold. Each safety zone is located 
approximately eight nautical miles south-southeast of Gloucester, 
Massachusetts, in Federal waters.
    (2) No anchoring areas. Two mandatory no anchoring areas for 
Neptune are established for all waters within circles of 1,000-meter 
radii centered on the submerged turret loading buoy positions set forth 
in paragraph (d)(1) of this section.
    (3) Area to be avoided. An area to be avoided (ATBA) for Neptune is 
as described in Table 150.940(C):

                   Table 150.940(C)--ATBA for Neptune
------------------------------------------------------------------------
      Plotting guidance            Latitude N            Longitude W
------------------------------------------------------------------------
(i) Starting at.............  42[deg]27[min]26.6[s  70[deg]35[min]13.1[s
                               ec]                   ec]
(ii) A rhumb line to........  42[deg]29[min]18.3[s  70[deg]35[min]35.4[s
                               ec]                   ec]

[[Page 51377]]

 
(iii) Then an arc with a      42[deg]29[min]12.3[s  70[deg]36[min]29.7[s
 1250 meter radius centered    ec]                   ec]
 at point.
(iv) To a point.............  42[deg]29[min]6.3[se  70[deg]37[min]24.0[s
                               c]                    ec]
(v) Then a rhumb line to....  42[deg]27[min]14.7[s  70[deg]37[min]1.6[se
                               ec]                   c]
(vi) Then an arc with a 1250  42[deg]27[min]20.5[s  70[deg]36[min]7.3[se
 meter radius centered at      ec]                   c]
 point.
(vii) To the point of         42[deg]27[min]26.6[s  70[deg]35[min]13.1[s
 starting.                     ec]                   ec]
------------------------------------------------------------------------

     (4) Regulations. (i) In accordance with the general regulations 
set forth in 33 CFR 165.23 and elsewhere in this part, no person or 
vessel may enter the waters within the boundaries of the safety zones 
described in paragraph (d)(1) of this section unless previously 
authorized by the Captain of the Port (COTP) Boston, or the COTP's 
authorized representative.
    (ii) Notwithstanding paragraph (d)(4)(i) of this section, liquefied 
natural gas carriers (LNGCs) and support vessels, as defined in 33 CFR 
148.5, calling on Neptune, are authorized to enter and move within such 
zones in the normal course of their operations following the 
requirements set forth in 33 CFR 150.340 and 150.345, respectively.
    (iii) All other vessel operators desiring to enter, operate or 
conduct diving operations within a safety zone described in paragraph 
(d)(1) of this section must contact the COTP or the COTP's authorized 
representative to obtain permission by contacting the Sector Boston 
Command Center at 617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). 
Vessel operators given permission to enter or operate in a safety zone 
must comply with all directions given to them by the COTP or the COTP's 
authorized representative.
    (iv) No vessel, other than an LNGC or support vessel calling on 
Neptune, may anchor in the area described in paragraph (d)(2) of this 
section.

PART 165--WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED 
ACCESS AREAS

0
3. 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(g), 6.04-1, 6.04-6, 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
4. Amend Sec.  165.117 by revising paragraphs (a)(3) and (d)(1) to read 
as follows:


Sec.  165.117  Regulated Navigation Areas, Safety, and Security Zones: 
Deepwater Ports, First Coast Guard District.

    (a) * * *
    (3) * * *
    (i) * * *
    (ii) The geographic coordinates forming the loci for the regulated 
navigation areas, safety, and security zones for Neptune Deepwater Port 
are: 42[deg]29[min]12.3[sec] N, 70[deg]36[min]29.7[sec] W; and 
42[deg]27[min]20.5[sec] N, 70[deg]36[min]7.3[sec] W.
    (iii) [Reserved].
* * * * *
    (d) * * *
    (1) No vessel may anchor, engage in diving operations, or 
commercial fishing using nets, dredges, traps (pots), or use of 
remotely operated vehicles (ROVs) in the regulated navigation areas set 
forth in paragraph (a)(1) of this section.
* * * * *

    Dated: August 10, 2010.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-20746 Filed 8-19-10; 8:45 am]
BILLING CODE 9110-04-P