Regulated Navigation Areas, Safety Zones, Security Zones, and Deepwater Port Facilities; Navigable Waters of the Boston Captain of the Port Zone, 19780-19785 [E8-7676]
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19780
Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this amendment.
Executive Order 12866
This amendment is exempt from the
review under Executive Order 12866,
but has been reviewed internally by the
Department of State to ensure
consistency with the purposes thereof.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 121
Arms and munitions, Exports, U.S.
Munitions List.
Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 121 is proposed to be amended
as follows:
PART 121—THE UNITED STATES
MUNITIONS LIST
1. The authority citation for part 121
continues to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977
Comp, p. 79; 22 U.S.C. 2658; Pub L. 105–261,
112 Stat.1920.
2. Section 121.1, paragraph (c)
Category VIII is amended by revising
Category VIII paragraphs (b) and (h) to
read as follows:
§ 121.1 General. The United States
Munitions List.
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Category VIII—Aircraft and Associated
Equipment
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(b) Military aircraft engines, except
reciprocating engines, specifically designed
or modified for the aircraft in paragraph (a)
of this category, and all specifically designed
military hot section components (i.e.,
combustion chambers and liners; high
pressure turbine blades, vanes, disks and
related cooled structure; cooled low pressure
turbine blades, vanes, disks and related
cooled structure; cooled augmenters; and
cooled nozzles) and digital engine controls
(e.g., Full Authority Digital Engine Controls
(FADEC) and Digital Electronic Engine
Controls (DEEC)).
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(h) Components, parts, accessories,
attachments, and associated equipment
(including ground support equipment)
specifically designed or modified for the
articles in paragraphs (a) through (d) of this
category, excluding aircraft tires and
propellers used with reciprocating engines.
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Note: The Export Administration
Regulations (EAR) administered by the
Department of Commerce control any part or
component (including propellers) designed
exclusively for civil, non-military aircraft
(see § 121.3 for the definition of military
aircraft) and civil, non-military aircraft
engines. Also, a non-SME component or part
(as defined in § 121.8(b) and (d) of this
subchapter) that is not controlled under
another category of the USML, that: (a) Is
standard equipment; (b) is covered by a civil
aircraft type certificate (including amended
type certificates and supplemental type
certificates) issued by the Federal Aviation
Administration for a civil, non-military
aircraft (this expressly excludes military
aircraft certified as restricted and any type
certification of Military Commercial
Derivative Aircraft); and (c) is an integral part
of such civil aircraft, is subject to the control
of the EAR. In the case of any part or
component designated as SME in this or any
other USML category, a determination that
such item may be excluded from USML
coverage based on the three criteria above
always requires a commodity jurisdiction
determination by the Department of State
under § 120.4 of this subchapter. The only
exception to this requirement is where a part
or component designated as SME in this
category was integral to civil aircraft prior to
[effective date of the final rule]. For such part
or component, U.S. exporters are not
required to seek a commodity jurisdiction
determination from State, unless doubt exists
as to whether the item meets the three
criteria above (See § 120.3 and § 120.4 of this
subchapter). Also, U.S. exporters are not
required to seek a commodity jurisdiction
determination from State regarding any nonSME component or part (as defined in
§ 121.8(b) and (d) of this subchapter) that is
not controlled under another category of the
USML, unless doubt exists as to whether the
item meets the three criteria above (See
§ 120.3 and § 120.4 of this subchapter). These
commodity jurisdiction determinations will
ensure compliance with this section and the
criteria of Section 17(c) of the Export
Administration Act of 1979. In determining
whether the three criteria above have been
met, consider whether the same item is
common to both civil and military
applications without modification. Some
examples of parts or components that are not
common to both civil and military
applications are tail hooks, radomes, and low
observable rotor blades. ‘‘Standard
equipment’’ is defined as a part or
component manufactured in compliance
with an established and published industry
specification or an established and published
government specification (e.g., AN, MS, NAS,
or SAE). Parts and components that are
manufactured and tested to established but
unpublished civil aviation industry
specifications and standards are also
‘‘standard equipment,’’ e.g., pumps,
actuators, and generators. A part or
component is not standard equipment if
there are any performance, manufacturing or
testing requirements beyond such
specifications and standards. Simply testing
a part or component to meet a military
specification or standard does not in and of
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itself change the jurisdiction of such part or
component unless the item was designed or
modified to meet that specification or
standard. Integral is defined as a part or
component that is installed in the aircraft. In
determining whether a part or component
may be considered as standard equipment
and integral to a civil aircraft (e.g., latches,
fasteners, grommets, and switches) it is
important to carefully review all of the
criteria noted above. For example, a part
approved solely on a non-interference/
provisions basis under a type certificate
issued by the Federal Aviation
Administration would not qualify. Similarly,
unique application parts or components not
integral to the aircraft would also not qualify.
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Dated: April 2, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and
International Security, Department of State.
[FR Doc. 08–1122 Filed 4–9–08; 1:48pm]
BILLING CODE 4710–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 150 and 165
[Docket No. USCG–2007–0087]
RIN 1625–AA00, 1625–AA11, and 1625–
AA87
Regulated Navigation Areas, Safety
Zones, Security Zones, and Deepwater
Port Facilities; Navigable Waters of the
Boston Captain of the Port Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish regulated navigation areas
around a recently constructed
deepwater port facility in the waters of
the Atlantic Ocean near the entrance to
Boston Harbor and to establish safety
and security zones around liquefied
natural gas carriers (LNGCs) calling on
these deepwater port facilities. The
purpose of these regulated navigation
areas is to protect vessels and mariners
from the potential safety hazards
associated with deepwater port
operations, and to protect the LNGCs
and deepwater port infrastructure from
security threats or other subversive acts.
All vessels, with the exception of
LNGCs and deepwater port support
vessels, would be prohibited from
anchoring or otherwise deploying
equipment that could become entangled
in submerged infrastructure within 1000
meters of the submerged turret loading
(STL) buoys associated with the
deepwater port, and would be
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prohibited from entering waters within
500 meters of the deepwater port STL
buoys or the LNGCs using them.
Additionally, this proposed rule would
make minor amendments to the existing
LNG security regulations for the Boston
Captain of the Port (COTP) Zone to
reflect multi-agency enforcement of
those regulations.
DATES: Comments and related material
must reach the Coast Guard on or before
May 12, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–0087 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: 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–
0001.
(3) Hand Delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call LCDR Heather Morrison, Coast
Guard Sector Boston, at 617–223–3028,
e-mail: Heather.L.Morrison@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2007–0087),
indicate the specific section of this
document to which each comment
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applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2007–0087) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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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 southsoutheast 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°23′38″ N, Longitude
070°35′31″ W and STL Buoy B, Latitude
42°23′56″ N, Longitude 070°37′00″ W.
The NEGDWP can accommodate the
mooring, connecting, and offloading of
two liquefied natural gas carriers
(LNGCs) at one time. The NEGDWP
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 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 protect mariners from the
hazards associated with submerged
deepwater port infrastructure and to
ensure safety and security at and around
LNGCs engaged in regasification and
transfer operations at deepwater ports,
the Coast Guard proposes to exercise its
authority under the Ports and Waterway
Safety Act (33 U.S.C. 1221, et seq.) to
establish regulated navigation areas
(RNAs) around the primary components
of NEGDWP. The RNAs would prohibit
vessels from anchoring or otherwise
deploying equipment that could become
entangled in submerged infrastructure
within 1000 meters of the STL buoys
associated with NEGDWP facilities.
Specifically, in addition to anchoring,
vessels would be precluded from
engaging in commercial fishing in the
RNAs using nets, dredges, or traps.
Under the authority of the Port and
Waterways Safety Act (33 U.S.C. 1226)
and the Magnuson Act (50 U.S.C. 191),
the Coast Guard also proposes to place
safety and security zones within the
corresponding RNAs that would
prohibit vessels from entering all waters
within a 500-meter radius of the same
STL buoys. The Coast Guard considers
the RNAs that would be established by
this rule as meeting the requirement and
intent of the Deepwater Port Act of
1974, as amended, and as codified at 33
U.S.C. 1509(d). Accordingly, in addition
to amending 33 CFR part 165 (Regulated
Navigation Areas and Limited Access
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Areas), this rulemaking would also
amend a corresponding section in 33
CFR part 150 (Deepwater Ports:
Operations). The proposed amendments
to 33 CFR part 150 include amending
that part to reflect a ship’s routing
measure—an ‘‘area to be avoided’’—that
is being concurrently established in
consultation with the International
Maritime Organization. The area to be
avoided will be reflected on nautical
charts of the affected area along with the
restricted navigation areas that would be
established by this proposed
rulemaking.
This proposed rule would also
promote safety and security of LNG
transfer operations by amending the
existing regulations regarding LNGCs in
the Boston Captain of the Port (COTP)
Zone, to place safety and security zones
around LNGCs while they are anchored,
moored, or otherwise engaged in
regasification and transfer procedures
with deepwater ports within the
navigable waters of the United States in
the Boston COTP Zone.
Regulations already exist that provide
for safety and security zones around
LNGCs while transiting, anchored, or
moored in other portions of the Boston
COTP Zone. These regulations can be
found at 33 CFR 165.110. The current
regulations provide for safety and
security zones for LNGCs transiting the
Boston COTP Zone, anchored in the
Broad Sound, or moored at the Distrigas
LNG facility in Everett, Massachusetts.
This rule would amend those
regulations to add safety and security
zones around vessels calling at
deepwater ports in the Boston COTP
Zone and within the navigable waters of
the United States, as defined in 33 CFR
2.36(a) (i.e., out to 12 nautical miles
from the territorial sea baseline). The
proposed rule would add definitions to
make the rule more clear. The proposed
rule would eliminate the definition of
‘‘navigable waters of the United States’’
currently found at 33 CFR 165.110(a) as
that paragraph is duplicative of the
standard definition found at 33 CFR
2.36(a). Without these proposed
changes, the security zone around a
transiting LNGC would cease to exist
once the vessel moored to NEGDWP.
This proposed rule would eliminate that
potential gap in security coverage.
Finally, this proposed rule would
amend the language describing who
may enforce the safety and security
zones surrounding LNGCs in the Boston
COTP Zone to better reflect recently
executed Memoranda of Agreement
between the Coast Guard and the
Commonwealth of Massachusetts, the
City of Boston, and other local
municipalities. Under the terms of these
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agreements, State and local law
enforcement officers may enforce, on
behalf of the Coast Guard, maritime
safety and security zones implemented
by the Coast Guard under the authority
of the Magnuson Act and the Port and
Waterways Safety Act when falling
within their respective jurisdictions.
Copies of these agreements are available
in the public docket for this rule where
indicated in the ADDRESSES section,
above.
Discussion of Proposed Rule
The Coast Guard would establish a
regulated navigation area in which
vessels may not anchor within 1000
meters of the STL buoys for NEGDWP
as described above. Additionally, safety
and security zones within the RNA
would be established to prohibit vessels,
other than LNGCs and support vessels
as defined in 33 CFR 148.5, from
entering waters within 500 meters of the
aforementioned STL buoys.
The Coast Guard also proposes to
establish safety and security zones
encompassing all waters within a 500meter radius of vessels carrying LNG
while they are anchored, moored, or
attached to or otherwise engaged in
regasification or transfer procedures
with deepwater ports.
Additionally, the Coast Guard intends
to amend 33 CFR Part 150 to reflect a
recommendatory ship’s routing
measure—an ‘‘area to be avoided’’—that
is being concurrently established with,
but separate and apart from, this
rulemaking in consultation with the
International Maritime Organization.
Finally, this proposed rule would
alter the existing language of the
regulations for LNGCs operating in the
Boston COTP Zone to reflect the fact
that federal, state, and local, law
enforcement personnel may enforce
such zones within their respective
jurisdictions on behalf of the COTP.
Regulatory Evaluation
This proposed 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)
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in conjunction with reviewing the
NEGDWP licensing application. Among
other things, the EIS assessed the
potential economic impacts associated
with the construction and operation of
NEGDWP, including the no anchoring
and limited access areas that would be
implemented by this rule. That EIS is
available in the public docket for the
licensing application (USCG–2005–
22219) at https://www.regulations.gov.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would 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 fish within 1000 meters of the STL
Buoys for NEGDWP. 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
NEGDWP’s STL Buoys and any LNGC
vessels calling on the deepwater port,
and provided they refrain from
anchoring or deploying nets, dredges, or
traps, within 1000 meters of the STL
Buoys. 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),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
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jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LCDR
Heather Morrison, Coast Guard Sector
Boston, at 617–223–3028, e-mail:
Heather.L.Morrison@uscg.mil. 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 proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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.
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Protection of Children
We have analyzed this proposed 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
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safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed 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 M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (4321–4370f), and have made a
preliminary determination that this
action is not likely to have a significant
effect on the human environment. A
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preliminary ‘‘Environmental Analysis
Check List’’ supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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, and
Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR Parts 150 and 165 as
follows:
PART 150—DEEPWATER PORTS:
OPERATIONS
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).
2. In § 150.940, add paragraph (c) to
read as follows:
§ 150.940 Safety zones for specific
deepwater ports.
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(c) Northeast Gateway Deepwater Port
(NEGDWP).
(1) Location. The safety zones for the
NEGDWP consist of circular zones, each
with a 500-meter radius and centered on
each of the deepwater port’s two
submerged turret loading (STL) buoys.
STL Buoy ‘‘A’’ is centered at the
following coordinates: 42°23′38″ N,
070°35′31″ W. STL Buoy ‘‘B’’ is centered
at the following coordinates: 42°23′56″
N, 070°37′00″ W. Each safety zone
encompasses, within the respective 500meter circles, the primary components
of NEGDWP, including a submerged
loading turret (buoy) and a pipeline end
manifold (STL/PLEM). Each safety zone
is located approximately 13 miles southsoutheast of the City of Gloucester,
Massachusetts, in Federal waters.
(2) No anchoring area. Two
mandatory no anchoring areas for
NEGDWP are established for all waters
within circles of 1,000-meter radii
E:\FR\FM\11APP1.SGM
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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules
4. In § 165.110, revise paragraphs (a),
(c)(2), and (c)(3); and add paragraph
(b)(4) to read as follows:
PART 165—WATERWAYS SAFETY;
REGULATED NAVIGATION AREAS
AND LIMITED ACCESS AREAS
ebenthall on PRODPC61 with PROPOSALS
centered on the submerged turret
loading buoy positions set forth in
paragraph (c)(1) of this section.
(3) Area to be avoided. An area to be
avoided (ATBA) that is approximately
2.8625 square nautical miles in size has
been established surrounding the safety
zones and no anchoring areas described
in paragraphs (c)(1) and (2), of this
section, and is bounded as follows:
Starting at point (i) 42°24′17″ N,
070°35′16″ W; then a rhumb line to
point (ii) 42°24′35″ N, 070°36′46″ W;
then an arc with a 1250 m radius
centered at point (iii) 42°23′56″ N,
070°37′00″ W, to a point (iv) 42°23′17″
N, 070°37′15″ W; then a rhumb line to
point (v) 42°22′59″ N, 070°35′45″ W;
then an arc with a 1250 m radius
centered at point (vi) 42°23′38″ N,
070°35′31″ W, to start.
(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 (c)(1) of
this section unless previously
authorized by the Captain of the Port
(COTP) Boston, or his/her authorized
representative.
(ii) Notwithstanding paragraph
(c)(4)(i) of this section, tankers and
support vessels, as defined in 33 CFR
148.5, operating in the vicinity of
NEGDWP 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 or operate within the safety
zones described in paragraph (c)(1) of
this section must contact the COTP or
the COTP’s authorized representative to
obtain permission by calling the Sector
Boston Command Center at 617–223–
5761. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the COTP’s
authorized representative.
(iv) No vessel, other than a support
vessel or tanker calling on NEGDWP,
may anchor in the area described in
paragraph (c)(2) of this section.
(a) Location. (1) Regulated navigation
areas. All waters within a 1,000-meter
radius of the geographical positions set
forth in paragraph (a)(3) of this section
are designated as regulated navigation
areas.
(2) Safety and security zones. All
waters within a 500-meter radius of the
geographic positions set forth in
paragraph (a)(3) of this section are
designated as safety and security zones.
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, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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15:24 Apr 10, 2008
Jkt 214001
§ 165.110 Safety and Security Zone;
Liquefied Natural Gas Carrier Transits and
Anchorage Operations, Boston,
Massachusetts.
(a) 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
(COTP) Boston.
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.
(b) * * *
(4) Vessels calling on a deepwater
port. All waters within a 500-meter
radius of any LNGC engaged in
regasification or transfer, or otherwise
moored, anchored, or affixed to a
deepwater port listed in 33 CFR 150.490
and falling within the waters of the
Boston COTP Zone, as defined in 33
CFR 3.05–10.
(c) * * *
(2) No person or vessel may enter the
waters within the boundaries of the
safety and security zones described in
paragraph (b) of this section unless
previously authorized by the COTP
Boston, or his/her authorized
representative. However, LNGCs and
support vessels, as defined in 33 CFR
148.5, operating in the vicinity of
NEGDWP 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.
(3) All vessels operating within the
safety and security zones described in
paragraph (b) of this section must
comply with the instructions of the
COTP or his/her authorized
representative.
5. Add § 165.117 to read as follows:
§ 165.117 Regulated Navigation Areas,
Safety and Security Zones: Deepwater
Ports, First Coast Guard District.
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
(3) Coordinates. (i) The geographic
coordinates forming the loci for the
regulated navigation areas, safety, and
security zones for Northeast Gateway
Deepwater Port are: 42°23′38″ N,
070°35′31″ W; and 42°23′56″ N,
070°37′00″ W.
(ii) [Reserved]
(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
(COTP) Boston.
Deepwater port means any facility or
structure meeting the definition of
deepwater port in 33 CFR 148.5.
Dredge means fishing gear consisting
of a mouth frame attached to a holding
bag constructed of metal rings or mesh.
Support vessel means any vessel
meeting the definition of support vessel
in 33 CFR 148.5.
Trap means a portable, enclosed
device with one or more gates or
entrances and one or more lines
attached to surface floats used for
fishing. Also called a pot.
(c) Applicability. This section applies
to all vessels operating in the regulated
navigation areas set forth in paragraph
(a) of this section, except—
(1) Those vessels conducting cargo
transfer operations with the deepwater
ports whose coordinates are provided in
paragraph (a)(3) of this section,
(2) Support vessels operating in
conjunction therewith, and
(3) Coast Guard vessels or other law
enforcement vessels operated by or
under the direction of an authorized
representative of the COTP Boston.
(d) Regulations. (1) No vessel may
anchor or engage in commercial fishing
using nets, dredges, or traps (pots) in the
regulated navigation areas set forth in
paragraph (a)(1) of this section.
(2) In accordance with the general
regulations in §§ 165.23 and 165.33 of
this part, entry into or movement within
the safety and security zones designated
in paragraph (a)(2) of this section is
prohibited unless authorized by the
COTP Boston, or his/her authorized
representative.
(3) Notwithstanding paragraph (d)(2)
of this section, tankers and support
vessels, as defined in 33 CFR 148.5,
operating in the vicinity of NEGDWP 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.
(4) All vessels operating within the
safety and security zones described in
paragraph (a)(2) of this section must
E:\FR\FM\11APP1.SGM
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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules
Department of Veterans Affairs.
Proposed rule.
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420. (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: This
document proposes to establish a new
38 CFR part 53 consisting of regulations
captioned ‘‘PAYMENTS TO STATES
FOR PROGRAMS TO PROMOTE THE
HIRING AND RETENTION OF NURSES
AT STATE VETERANS HOMES’’
(referred to below as the proposed
regulations). The proposed regulations
provide a mechanism for a State to
obtain payments from VA to assist a
State Veterans Home (SVH) in the hiring
and retention of nurses for the purpose
of reducing nursing shortages at that
home. These regulations would
implement provisions in section 201 of
the Veterans Health Programs
Improvement Act of 2004 (Pub. L. 108–
422), which are codified at 38 U.S.C.
1744.
SUMMARY: The Department of Veterans
Affairs (VA) proposes to establish a
mechanism for States to obtain
payments from VA to assist a State
veterans home in the hiring and
retention of nurses for the purpose of
reducing nursing shortages at the home.
This rule would implement provisions
of the Veterans Health Programs
Improvement Act of 2004.
DATES: Comments on the proposed rule
must be received on or before June 10,
2008.
ADDRESSES: Written comments may be
submitted through www.regulations.gov;
by mail or hand-delivery to Director,
Regulations Management (00REG),
Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AM26–
Assistance to States in Hiring and
Retaining Nurses at State Veterans
Homes.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jacquelyn Bean, Chief, State Veterans
Home Per Diem Program, at (202) 461–
6771, or Christa M. Hojlo, PhD, Director,
State Veterans Home Clinical and
Survey Oversight, at (202) 461–6779;
Veterans Health Administration (114),
Definitions
Definitions applicable to the proposed
regulations are set forth at § 53.02. We
included definitions of nurse, State,
SVH, and State representative.
We propose to define nurse to mean
an individual who is a registered nurse,
a licensed practical nurse, a licensed
vocational nurse, or a nursing assistant
certified in the State in which payment
is made and who is a bedside care giver
(e.g., this would not include an
individual acting in the capacity of an
advance practice nurse, an
administrative nurse, or a director of
nursing). We also propose that the terms
nurses and nursing shall be construed
consistent with this definition. The
proposed definition of nurse reflects the
intent of the law (38 U.S.C. 1744) to
reduce shortages of nurses who provide
direct bedside care for veterans at least
a majority of the time. H. Rep. No. 108–
538, at 5 (2004) (law intended to assist
State homes ‘‘in hiring nurses to care for
veterans’’). Advance practice nurses,
administrative nurses, and directors of
nursing generally do not provide direct
bedside care, and therefore, would
generally not be eligible for
participation in the proposed program.
We are particularly interested in
soliciting comments on the proposed
definition of nurse.
We propose to define State consistent
with 38 U.S.C. 101(20) to cover places
where an SVH could be located,
including the States, Territories, and
possessions of the United States; the
District of Columbia; and the
Commonwealth of Puerto Rico.
Under 38 U.S.C. 1744(b), a State is
eligible for nurse hiring and retention
payments if it receives per diem
payments from VA for domiciliary care,
comply with the instructions of the
COTP or his/her authorized
representative.
Dated: March 26, 2008.
T.V. Skuby,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. E8–7676 Filed 4–10–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 53
RIN 2900–AM26
Assistance to States in Hiring and
Retaining Nurses at State Veterans
Homes
AGENCY:
ebenthall on PRODPC61 with PROPOSALS
ACTION:
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15:24 Apr 10, 2008
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PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
19785
nursing home care, adult day health
care, and hospital care. Accordingly, we
propose to define State Veterans Home,
consistent with VA’s per diem
programs, to include State facilities
approved by VA for the purpose of
providing domiciliary, nursing home,
adult day health, and hospital care for
certain disabled veterans.
We propose to define State
representative to mean the official who
would have authority to sign the
application on behalf of the State and
would otherwise be the State contact for
actions under the regulations.
Decisions and Notifications
Under the proposed regulations,
authority would be delegated to the
Chief Consultant, Geriatrics and
Extended Care, to make all
determinations regarding payments. The
Chief Consultant would also provide
written notice to State representatives
concerning approvals, denials, or
requests for additional information
under the regulations.
General Requirements for Payments
Proposed § 53.11 would provide for
payments to a State for an employee
incentive program to reduce the
shortage of nurses at a SVH if the
requirements of proposed § 53.11(a) are
met. Except as discussed below, these
requirements restate the provisions of
38 U.S.C. 1744.
To be eligible for payments under
proposed § 53.11(a)(3), the SVH must
have a nursing shortage that is
documented by credible evidence,
including but not limited to SVH
records showing vacancies, SVH records
showing overtime use, and reports
documenting that nurses are not
available in the local area. This is
intended to implement the section
1744(e) requirement that an application
describe the nursing shortage at the SVH
and to ensure that payments are made
only when an actual nursing shortage
exists.
Under section 1744(c), a State may
use VA’s payments only to provide
funds for an employee incentive
scholarship program or other employee
incentive program designed to promote
the hiring and retention of nurses and
reduce a nursing shortage. Consistent
with section 1744(c), proposed
§ 53.11(a)(4) would limit the use of VA’s
payments to nursing incentives and
expressly prohibit using the funds for
any other purpose, such as covering all
or part of a nurse’s standard employee
benefits (e.g., salary, health insurance,
or retirement plan). Accordingly, under
the proposed regulations, an ‘‘employee
E:\FR\FM\11APP1.SGM
11APP1
]]>Agencies
[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Proposed Rules]
[Pages 19780-19785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7676]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 150 and 165
[Docket No. USCG-2007-0087]
RIN 1625-AA00, 1625-AA11, and 1625-AA87
Regulated Navigation Areas, Safety Zones, Security Zones, and
Deepwater Port Facilities; Navigable Waters of the Boston Captain of
the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish regulated navigation
areas around a recently constructed deepwater port facility in the
waters of the Atlantic Ocean near the entrance to Boston Harbor and to
establish safety and security zones around liquefied natural gas
carriers (LNGCs) calling on these deepwater port facilities. The
purpose of these regulated navigation areas is to protect vessels and
mariners from the potential safety hazards associated with deepwater
port operations, and to protect the LNGCs and deepwater port
infrastructure from security threats or other subversive acts. All
vessels, with the exception of LNGCs and deepwater port support
vessels, would be prohibited from anchoring or otherwise deploying
equipment that could become entangled in submerged infrastructure
within 1000 meters of the submerged turret loading (STL) buoys
associated with the deepwater port, and would be
[[Page 19781]]
prohibited from entering waters within 500 meters of the deepwater port
STL buoys or the LNGCs using them. Additionally, this proposed rule
would make minor amendments to the existing LNG security regulations
for the Boston Captain of the Port (COTP) Zone to reflect multi-agency
enforcement of those regulations.
DATES: Comments and related material must reach the Coast Guard on or
before May 12, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0087 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LCDR Heather Morrison, Coast Guard Sector Boston, at 617-
223-3028, e-mail: Heather.L.Morrison@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0087), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2007-0087) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice 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]23'38'' N, Longitude
070[deg]35'31'' W and STL Buoy B, Latitude 42[deg]23'56'' N, Longitude
070[deg]37'00'' W. The NEGDWP can accommodate the mooring, connecting,
and offloading of two liquefied natural gas carriers (LNGCs) at one
time. The NEGDWP 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 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 protect mariners from the hazards associated with
submerged deepwater port infrastructure and to ensure safety and
security at and around LNGCs engaged in regasification and transfer
operations at deepwater ports, the Coast Guard proposes to exercise its
authority under the Ports and Waterway Safety Act (33 U.S.C. 1221, et
seq.) to establish regulated navigation areas (RNAs) around the primary
components of NEGDWP. The RNAs would prohibit vessels from anchoring or
otherwise deploying equipment that could become entangled in submerged
infrastructure within 1000 meters of the STL buoys associated with
NEGDWP facilities. Specifically, in addition to anchoring, vessels
would be precluded from engaging in commercial fishing in the RNAs
using nets, dredges, or traps.
Under the authority of the Port and Waterways Safety Act (33 U.S.C.
1226) and the Magnuson Act (50 U.S.C. 191), the Coast Guard also
proposes to place safety and security zones within the corresponding
RNAs that would prohibit vessels from entering all waters within a 500-
meter radius of the same STL buoys. The Coast Guard considers the RNAs
that would be established by this rule as meeting the requirement and
intent of the Deepwater Port Act of 1974, as amended, and as codified
at 33 U.S.C. 1509(d). Accordingly, in addition to amending 33 CFR part
165 (Regulated Navigation Areas and Limited Access
[[Page 19782]]
Areas), this rulemaking would also amend a corresponding section in 33
CFR part 150 (Deepwater Ports: Operations). The proposed amendments to
33 CFR part 150 include amending that part to reflect a ship's routing
measure--an ``area to be avoided''--that is being concurrently
established in consultation with the International Maritime
Organization. The area to be avoided will be reflected on nautical
charts of the affected area along with the restricted navigation areas
that would be established by this proposed rulemaking.
This proposed rule would also promote safety and security of LNG
transfer operations by amending the existing regulations regarding
LNGCs in the Boston Captain of the Port (COTP) Zone, to place safety
and security zones around LNGCs while they are anchored, moored, or
otherwise engaged in regasification and transfer procedures with
deepwater ports within the navigable waters of the United States in the
Boston COTP Zone.
Regulations already exist that provide for safety and security
zones around LNGCs while transiting, anchored, or moored in other
portions of the Boston COTP Zone. These regulations can be found at 33
CFR 165.110. The current regulations provide for safety and security
zones for LNGCs transiting the Boston COTP Zone, anchored in the Broad
Sound, or moored at the Distrigas LNG facility in Everett,
Massachusetts. This rule would amend those regulations to add safety
and security zones around vessels calling at deepwater ports in the
Boston COTP Zone and within the navigable waters of the United States,
as defined in 33 CFR 2.36(a) (i.e., out to 12 nautical miles from the
territorial sea baseline). The proposed rule would add definitions to
make the rule more clear. The proposed rule would eliminate the
definition of ``navigable waters of the United States'' currently found
at 33 CFR 165.110(a) as that paragraph is duplicative of the standard
definition found at 33 CFR 2.36(a). Without these proposed changes, the
security zone around a transiting LNGC would cease to exist once the
vessel moored to NEGDWP. This proposed rule would eliminate that
potential gap in security coverage.
Finally, this proposed rule would amend the language describing who
may enforce the safety and security zones surrounding LNGCs in the
Boston COTP Zone to better reflect recently executed Memoranda of
Agreement between the Coast Guard and the Commonwealth of
Massachusetts, the City of Boston, and other local municipalities.
Under the terms of these agreements, State and local law enforcement
officers may enforce, on behalf of the Coast Guard, maritime safety and
security zones implemented by the Coast Guard under the authority of
the Magnuson Act and the Port and Waterways Safety Act when falling
within their respective jurisdictions. Copies of these agreements are
available in the public docket for this rule where indicated in the
ADDRESSES section, above.
Discussion of Proposed Rule
The Coast Guard would establish a regulated navigation area in
which vessels may not anchor within 1000 meters of the STL buoys for
NEGDWP as described above. Additionally, safety and security zones
within the RNA would be established to prohibit vessels, other than
LNGCs and support vessels as defined in 33 CFR 148.5, from entering
waters within 500 meters of the aforementioned STL buoys.
The Coast Guard also proposes to establish safety and security
zones encompassing all waters within a 500-meter radius of vessels
carrying LNG while they are anchored, moored, or attached to or
otherwise engaged in regasification or transfer procedures with
deepwater ports.
Additionally, the Coast Guard intends to amend 33 CFR Part 150 to
reflect a recommendatory ship's routing measure--an ``area to be
avoided''--that is being concurrently established with, but separate
and apart from, this rulemaking in consultation with the International
Maritime Organization.
Finally, this proposed rule would alter the existing language of
the regulations for LNGCs operating in the Boston COTP Zone to reflect
the fact that federal, state, and local, law enforcement personnel may
enforce such zones within their respective jurisdictions on behalf of
the COTP.
Regulatory Evaluation
This proposed 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
NEGDWP licensing application. Among other things, the EIS assessed the
potential economic impacts associated with the construction and
operation of NEGDWP, including the no anchoring and limited access
areas that would be implemented by this rule. That EIS is available in
the public docket for the licensing application (USCG-2005-22219) at
https://www.regulations.gov.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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 fish within 1000 meters of the STL Buoys for
NEGDWP. 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 NEGDWP's STL Buoys and any LNGC vessels calling on the deepwater
port, and provided they refrain from anchoring or deploying nets,
dredges, or traps, within 1000 meters of the STL Buoys. 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), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
[[Page 19783]]
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Heather Morrison, Coast
Guard Sector Boston, at 617-223-3028, e-mail:
Heather.L.Morrison@uscg.mil. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed 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 M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (4321-4370f), and have made a
preliminary determination that this action is not likely to have a
significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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, and Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 150 and 165 as follows:
PART 150--DEEPWATER PORTS: OPERATIONS
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).
2. In Sec. 150.940, add paragraph (c) to read as follows:
Sec. 150.940 Safety zones for specific deepwater ports.
* * * * *
(c) Northeast Gateway Deepwater Port (NEGDWP).
(1) Location. The safety zones for the NEGDWP consist of circular
zones, each with a 500-meter radius and centered on each of the
deepwater port's two submerged turret loading (STL) buoys. STL Buoy
``A'' is centered at the following coordinates: 42[deg]23'38'' N,
070[deg]35'31'' W. STL Buoy ``B'' is centered at the following
coordinates: 42[deg]23'56'' N, 070[deg]37'00'' W. Each safety zone
encompasses, within the respective 500-meter circles, the primary
components of NEGDWP, including a submerged loading turret (buoy) and a
pipeline end manifold (STL/PLEM). Each safety zone is located
approximately 13 miles south-southeast of the City of Gloucester,
Massachusetts, in Federal waters.
(2) No anchoring area. Two mandatory no anchoring areas for NEGDWP
are established for all waters within circles of 1,000-meter radii
[[Page 19784]]
centered on the submerged turret loading buoy positions set forth in
paragraph (c)(1) of this section.
(3) Area to be avoided. An area to be avoided (ATBA) that is
approximately 2.8625 square nautical miles in size has been established
surrounding the safety zones and no anchoring areas described in
paragraphs (c)(1) and (2), of this section, and is bounded as follows:
Starting at point (i) 42[deg]24'17'' N, 070[deg]35'16'' W; then a
rhumb line to point (ii) 42[deg]24'35'' N, 070[deg]36'46'' W; then an
arc with a 1250 m radius centered at point (iii) 42[deg]23'56'' N,
070[deg]37'00'' W, to a point (iv) 42[deg]23'17'' N, 070[deg]37'15'' W;
then a rhumb line to point (v) 42[deg]22'59'' N, 070[deg]35'45'' W;
then an arc with a 1250 m radius centered at point (vi) 42[deg]23'38''
N, 070[deg]35'31'' W, to start.
(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 (c)(1) of this section unless previously
authorized by the Captain of the Port (COTP) Boston, or his/her
authorized representative.
(ii) Notwithstanding paragraph (c)(4)(i) of this section, tankers
and support vessels, as defined in 33 CFR 148.5, operating in the
vicinity of NEGDWP 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 or operate
within the safety zones described in paragraph (c)(1) of this section
must contact the COTP or the COTP's authorized representative to obtain
permission by calling the Sector Boston Command Center at 617-223-5761.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP or the
COTP's authorized representative.
(iv) No vessel, other than a support vessel or tanker calling on
NEGDWP, may anchor in the area described in paragraph (c)(2) of this
section.
PART 165--WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED
ACCESS AREAS
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, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
4. In Sec. 165.110, revise paragraphs (a), (c)(2), and (c)(3); and
add paragraph (b)(4) to read as follows:
Sec. 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier
Transits and Anchorage Operations, Boston, Massachusetts.
(a) 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 (COTP)
Boston.
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.
(b) * * *
(4) Vessels calling on a deepwater port. All waters within a 500-
meter radius of any LNGC engaged in regasification or transfer, or
otherwise moored, anchored, or affixed to a deepwater port listed in 33
CFR 150.490 and falling within the waters of the Boston COTP Zone, as
defined in 33 CFR 3.05-10.
(c) * * *
(2) No person or vessel may enter the waters within the boundaries
of the safety and security zones described in paragraph (b) of this
section unless previously authorized by the COTP Boston, or his/her
authorized representative. However, LNGCs and support vessels, as
defined in 33 CFR 148.5, operating in the vicinity of NEGDWP 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.
(3) All vessels operating within the safety and security zones
described in paragraph (b) of this section must comply with the
instructions of the COTP or his/her authorized representative.
5. Add Sec. 165.117 to read as follows:
Sec. 165.117 Regulated Navigation Areas, Safety and Security Zones:
Deepwater Ports, First Coast Guard District.
(a) Location. (1) Regulated navigation areas. All waters within a
1,000-meter radius of the geographical positions set forth in paragraph
(a)(3) of this section are designated as regulated navigation areas.
(2) Safety and security zones. All waters within a 500-meter radius
of the geographic positions set forth in paragraph (a)(3) of this
section are designated as safety and security zones.
(3) Coordinates. (i) The geographic coordinates forming the loci
for the regulated navigation areas, safety, and security zones for
Northeast Gateway Deepwater Port are: 42[deg]23'38'' N, 070[deg]35'31''
W; and 42[deg]23'56'' N, 070[deg]37'00'' W.
(ii) [Reserved]
(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 (COTP)
Boston.
Deepwater port means any facility or structure meeting the
definition of deepwater port in 33 CFR 148.5.
Dredge means fishing gear consisting of a mouth frame attached to a
holding bag constructed of metal rings or mesh.
Support vessel means any vessel meeting the definition of support
vessel in 33 CFR 148.5.
Trap means a portable, enclosed device with one or more gates or
entrances and one or more lines attached to surface floats used for
fishing. Also called a pot.
(c) Applicability. This section applies to all vessels operating in
the regulated navigation areas set forth in paragraph (a) of this
section, except--
(1) Those vessels conducting cargo transfer operations with the
deepwater ports whose coordinates are provided in paragraph (a)(3) of
this section,
(2) Support vessels operating in conjunction therewith, and
(3) Coast Guard vessels or other law enforcement vessels operated
by or under the direction of an authorized representative of the COTP
Boston.
(d) Regulations. (1) No vessel may anchor or engage in commercial
fishing using nets, dredges, or traps (pots) in the regulated
navigation areas set forth in paragraph (a)(1) of this section.
(2) In accordance with the general regulations in Sec. Sec. 165.23
and 165.33 of this part, entry into or movement within the safety and
security zones designated in paragraph (a)(2) of this section is
prohibited unless authorized by the COTP Boston, or his/her authorized
representative.
(3) Notwithstanding paragraph (d)(2) of this section, tankers and
support vessels, as defined in 33 CFR 148.5, operating in the vicinity
of NEGDWP 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.
(4) All vessels operating within the safety and security zones
described in paragraph (a)(2) of this section must
[[Page 19785]]
comply with the instructions of the COTP or his/her authorized
representative.
Dated: March 26, 2008.
T.V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-7676 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-15-P
