[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Rules and Regulations]               
[Page 28039-28041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my08-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0372]
RIN 1625-AA00

 
Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, 
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is re-establishing 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. 
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.

DATES: This rule is effective from May 7, 2008 through July 12, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0372 and are available online 
at http://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 elsewhere in this rule were recently completed 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 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. These safety zones are needed pending implementation 
of a final regulatory scheme, proposed in a separate rulemaking docket, 
USCG-2007-0087, to protect vessels from the hazard posed by the 
presence of the currently uncharted, submerged deepwater 
infrastructure. Delaying the effective day 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 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 coordinates for its two submerged turret loading 
(STL) buoys are: STL Buoy A, Latitude 42[deg]23[min]38[sec] N, 
Longitude 070[deg]35[min]31[sec] W and STL Buoy B, Latitude 
42[deg]23[min]56[sec] N, Longitude 070[deg]37[min]00[sec] W. 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 LNG 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 zone expires May 7, 2007. The comment period for the 
permanent rulemaking project, docket number USCG-2007-0087, ends May 
12, 2008. The temporary zone created by this rule ensures that there is 
no gap in authority to ensure safety around the submerged deepwater 
port infrastructure while comments on proposed permanent

[[Page 28040]]

regulatory regime are analyzed, and that rulemaking project is 
completed.

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 these submerged hazards. All 
vessels, other than Liquefied Natural Gas carriers and associated 
support vessels are prohibited from entering into or moving within the 
safety zones.
    This rule is effective immediately through July 12, 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 risk 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 in those portions of Atlantic Ocean covered by the safety 
zones. For the reasons outlined in the Regulatory Evaluation section 
above, this rule will not have a significant impact on a substantial 
number of small entities.
    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.
    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 Commander 
Heather Morrison, 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.

[[Page 28041]]

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 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

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 and 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T01-0372 to read as follows:


Sec.  165.T01-0372  Safety Zones: Northeast Gateway, 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 the two 
submerged turret loading buoys of the Northeast Gateway Deepwater Port 
located at 42[deg]23[min]38[sec] N, 070[deg]35[min]31[sec] W and 
42[deg]23[min]56[sec] N, 070[deg]37[min]00[sec]. All coordinates are 
North American Datum 1983.
    (b) 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.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port, Boston. Liquefied Natural 
Gas Carrier vessels and related Support Vessels calling on the 
Northeast Gateway 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: May 7, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
[FR Doc. 08-1267 Filed 5-12-08; 3:11 pm]

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