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]

Download as PDF 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. * * * * * Category VIII—Aircraft and Associated Equipment * * * * * ebenthall on PRODPC61 with PROPOSALS (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)). * * * * * (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. VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 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 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 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. * * * * * 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 E:\FR\FM\11APP1.SGM 11APP1 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules 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: http:// 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 ebenthall on PRODPC61 with PROPOSALS We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// 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 VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 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 http://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 http:// 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. PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 19781 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 E:\FR\FM\11APP1.SGM 11APP1 ebenthall on PRODPC61 with PROPOSALS 19782 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules 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 VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 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) PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 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 http://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 E:\FR\FM\11APP1.SGM 11APP1 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Proposed Rules 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. ebenthall on PRODPC61 with PROPOSALS 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 VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 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 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 19783 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. * * * * * (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 11APP1 19784 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. VerDate Aug<31>2005 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 11APP1 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: VerDate Aug<31>2005 15:24 Apr 10, 2008 Jkt 214001 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]


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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.

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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: http://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 http://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 http://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 http://
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 
http://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