Regulated Navigation Areas, Safety Zones, Security Zones, and Deepwater Port Facilities; Navigable Waters of the Boston Captain of the Port Zone, 34191-34195 [08-1364]
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Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Rules and Regulations
Need for Correction
On May 20, 2008, the Coast Guard
published in the Federal Register an
interim rule with request for comments
to amend its regulations to implement
the vessel security officer training and
certification amendments to the
International Convention on Standards
of Training, Certification and
Watchkeeping for Seafarers, 1978, as
amended, and the Seafarers’ Training,
Certification and Watchkeeping Code. In
33 CFR 104.215(d)(1)(v)(B), a
typographical error was made stating as
an option that to qualify for a VSO
endorsement, a person must ‘‘have
approved sea service of not less than 90
days on any vessel subject to section
104.215 of this part * * *.’’ Instead, the
option should have stated that a person
must have not less than six months to
qualify for a VSO endorsement, not 90
days. In the preamble section of the
Interim Rule section, the discussion of
33 CFR 104.215 states that ‘‘The sea
service requirements in § 104.215 will
provide two options: (1.) 12 months; or
(2.) 6 months with knowledge of ship
operations.’’ The paragraph further
discusses the requirements to qualify
under the six-month option. This shows
the intent of the Coast Guard to provide
an option of sea service of not less than
6 months in § 104.215(d)(v)(B). Since
this error would be misleading and
cause confusion, this document corrects
the typographical error found in
amendatory instruction 2.
Correction of Publication
In rule FR Doc. E8–11225 published
on May 20, 2008, (73 FR 29060) make
the following correction.
I
§ 104.215
[Corrected]
1. On page 29070, in the second
column, revise § 104.215(d)(1)(v)(B) by
removing the words ‘‘90 days’’ and
adding the words ‘‘6 months’’ in their
place.
I
Dated: June 9, 2008.
David L. Nichols,
Acting Chief, Regulations and Administrative
Law, United States Coast Guard.
[FR Doc. E8–13552 Filed 6–16–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 150 and 165
[Docket No. USCG–2007–0087]
RIN 1625, 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
34191
and 5 p.m., Monday through Friday,
except Federal holidays; and Coast
Guard Sector Boston, 427 Commercial
Street, Boston, MA 02109 between 7
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
LCDR Heather Morrison at 617–223–
3028. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
AGENCY:
Regulatory Information
ACTION:
On April 11, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Regulated Navigation Areas,
Safety Zones, Security Zones, and
Deepwater Port Facilities; Navigable
Waters of the Boston Captain of the Port
Zone’’ in the Federal Register (73 FR
71). We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
Coast Guard, DHS.
Final rule.
SUMMARY: The Coast Guard is
establishing regulated navigation areas
around a recently constructed
deepwater port facility in the waters of
the Atlantic Ocean near the entrance to
Boston Harbor as well as safety and
security zones around liquefied natural
gas carriers (LNGCs) calling on these
deepwater port facilities. The purpose of
these regulated navigation areas, as well
as safety and security zones, 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, are prohibited
from anchoring or otherwise deploying
equipment which could become
entangled in submerged infrastructure
within 1000 meters of the submerged
turret loading (STL) buoys associated
with the deepwater port, and are
prohibited from entering waters within
500 meters of the deepwater port STL
buoys or the LNGCs using them.
Additionally, this rule makes 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: This rule is effective July 17,
2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2007–0087 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
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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
(LGNCs) at a time. The NDGDWP
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 is exercising its
authority under the Ports and Waterway
Safety Act (33 U.S.C. 1221, et seq.) to
establish regulated navigation areas
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(RNAs) around the primary components
of NEGDWP. The RNAs will 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 will 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 is also placing safety
and security zones within the
corresponding RNAs that will prohibit
vessels from entering all waters within
a 500-meter radius of the same STL
buoys. The Coast Guard considers the
RNAs that are being 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
Area), this rulemaking also amends a
corresponding section in 33 CFR part
150 (Deepwater Ports: Operations). The
amendments to 33 CFR part 150 include
amending that part to reflect ships’
routing measures—‘‘an area to be
avoided’’ (ATBA) and two ‘‘no
anchoring areas’’ (NAA)—that are being
concurrently established in consultation
with the International Maritime
Organization. The ATBA and NAAs will
be reflected on nautical charts of the
affected area along with the regulated
navigation areas described herein.
This rule also promotes 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 which
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
amends 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
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in 33 CFR 2.3.6(a) (i.e., out to 12
nautical miles from the territorial sea
baseline). Without these changes, the
security zone around a transiting LNGC
would cease to exist once the vessel
moored to NEGDWP. This rule
eliminates that potential gap in security
coverage.
This rule also adds definitions to
make the regulations more clear, while
eliminating 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).
Finally, this rule amends 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
jurisdiction. Copies of these agreements
are available in the public docket for
this rule where indicated in the
ADDRESSES section above.
Discussion of Comments and Changes
No comments or changes were
suggested to the proposed rule. None
have been made.
Discussion of Rule
The Coast Guard is establishing
regulated navigation areas (RNAs) 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 RNAs are hereby 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 is also establishing
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 is
amending 33 CFR Part 150 to reflect one
recommendatory ships’ routing
measure—an ‘‘area to be avoided’’—and
two mandatory ships’ routing
measures—two ‘‘no anchoring areas’’—
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that are being concurrently established
with, but separate and apart from, this
rulemaking in consultation with the
International Maritime Organization.
Finally, this rule alters 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 Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The USCG and MARAD are
responsible for processing license
applications to own, construct, and
operate deepwater ports. To meet the
requirements of the National
Environmental Policy Act of 1969
(NEPQ), 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 rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
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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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children. No
comments were received as a part of this
rulemaking.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
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34193
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. The
reason it falls under this exception is
that it is a regulation establishing a
Regulated Navigation Area, security
zone, and a safety zone.
A final environmental analysis
checklist and a final categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 150
Harbors, Marine safety, Navigation
(water), Occupational safety and health,
Oil pollution, and Reporting and
recordkeeping requirements.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 150 and 165 as follows:
2. In § 150.940, add paragraph (c) to
read as follows:
I
I
§ 150.940 Safety zones for specific
deepwater ports.
PART 150—DEEPWATER PORTS:
OPERATIONS
*
*
*
*
*
(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
1. The authority citation for part 150
continues to read as follows:
I
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).
at the following coordinates: 42°23′56″
N, 070°37′00″ W. Each safety zone is
located approximately 13 miles southsoutheast of the City of Gloucester,
Massachusetts, in Federal waters.
(2) No anchoring areas. Two
mandatory no anchoring areas for
NEGDWP are established for all waters
within circles of 1,000-meter radii
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) for NEGDWP is as
described in Table 150.940(B):
TABLE 150.940(B).—ATBA FOR NEGDWP
Plotting guidance
Latitude N
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(i) Starting at ....................................................................................................................................................................
(ii) A rhumb line to: ..........................................................................................................................................................
(iii) Then an arc with a 1250 meter radius centered at point ..........................................................................................
(iv) To a point ..................................................................................................................................................................
(v) Then a rhumb line to ..................................................................................................................................................
(vi) Then an arc with a 1250 meter radius centered at point .........................................................................................
(vii) To the point of starting .............................................................................................................................................
(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.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165
continues to read as follows:
I
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 § 165.110, revise paragraphs (a),
(c)(2) and (c)(3); and add paragraph
(b)(4) to read as follows:
I
§ 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
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42°24′17″
42°24′35″
42°23′56″
42°23′17″
42°22′59″
42°23′38″
42°24′17″
Longitude
W
070°35′16″
070°36′46″
070°37′00″
070°37′15″
070°35′45″
070°35′31″
070°35′16″
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.
I
5. Add § 165.117 to read as follows:
§ 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
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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 the Northeast
Gateway Deepwater Port are: 42°23′38″
N, 070°35′31″ W; and 42°23′56″ N,
070°37′00″ W (NAD 83).
(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
VerDate Aug<31>2005
13:09 Jun 16, 2008
Jkt 214001
paragraph (a)(2) of this section must
comply with the instructions of the
COTP or his/her authorized
representative.
Dated: June 6, 2008.
T.S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 08–1364 Filed 6–12–08; 4:01pm]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0044]
RIN 1625–AA00
Safety Zone; Milwaukee Harbor,
Milwaukee, WI
Coast Guard, DHS.
Notice of enforcement of final
AGENCY:
ACTION:
rule.
SUMMARY: The Coast Guard will enforce
the Milwaukee Harbor Safety Zone in
Milwaukee Harbor during June 2008.
This action is necessary to protect
vessels and people from the hazards
associated with fireworks displays. This
safety zone will restrict vessel traffic
from portions of the Captain of the Port
Lake Michigan Zone.
DATES: Effective between June 7, 2008
and August 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Kimber Bannan,
Prevention Department, Coast Guard
Sector, Lake Michigan, Milwaukee, WI
at (414) 747–7159.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce Safety Zones,
Milwaukee Harbor, Milwaukee, WI, 33
CFR 165.935 for the following events:
(1) Pride Fest fireworks display on
June 07, 2008 from 9 p.m. through 10
p.m.; and
(2) Polish Fest fireworks display on
June 20–21, 2008 from 10 p.m. through
11 p.m.; and
(3) Summerfest fireworks display on
June 26, 2008 from 10 p.m. through 11
p.m.; and
(4) Festa Italiana fireworks display on
July 17–20, 2008 from 10 p.m. through
11 p.m.; and
(5) German Fest fireworks display on
July 27, 2008 from 10 p.m. through 11
p.m.; and
(6) Arab World Fest fireworks display
on August 9, 2008 from 10 p.m. through
11 p.m.; and
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
34195
(7) Irish Fest fireworks display on
August 17, 2008 from 10 p.m. through
11 p.m.
All vessels must obtain permission
from the Captain of the Port or his onscene representative to enter, move
within or exit the safety zone. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
This notice is issued under authority
of 33 CFR 165.935 Safety Zone,
Milwaukee Harbor, Milwaukee, WI (72
FR 32522) and 5 U.S.C. 552(a). In
addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via broadcast Notice to Mariners
or Local Notice to Mariners. The
Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Lake Michigan on channel 16,
VHF–FM.
Dated: May 22, 2008.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E8–13107 Filed 6–16–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0427]
RIN 1625–AA00
Safety Zone; New River, Jacksonville,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will
establish a safety zone on the navigable
waters of the New River near Camp
Lejeune during a military exercise being
conducted by the United States Marine
Corps.
DATES: This rule is effective from 6 a.m.
through 4 p.m. on June 23, 2008 and
from 6 a.m. through 4 p.m. on June 24,
2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Rules and Regulations]
[Pages 34191-34195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1364]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 150 and 165
[Docket No. USCG-2007-0087]
RIN 1625, 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing regulated navigation areas
around a recently constructed deepwater port facility in the waters of
the Atlantic Ocean near the entrance to Boston Harbor as well as safety
and security zones around liquefied natural gas carriers (LNGCs)
calling on these deepwater port facilities. The purpose of these
regulated navigation areas, as well as safety and security zones, 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, are prohibited from anchoring or otherwise deploying
equipment which could become entangled in submerged infrastructure
within 1000 meters of the submerged turret loading (STL) buoys
associated with the deepwater port, and are prohibited from entering
waters within 500 meters of the deepwater port STL buoys or the LNGCs
using them. Additionally, this rule makes 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: This rule is effective July 17, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2007-0087 and are available online at https://
www.regulations.gov. This material is also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays; and Coast Guard
Sector Boston, 427 Commercial Street, Boston, MA 02109 between 7 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Heather Morrison at 617-223-3028. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 11, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Areas, Safety Zones, Security
Zones, and Deepwater Port Facilities; Navigable Waters of the Boston
Captain of the Port Zone'' in the Federal Register (73 FR 71). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
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 (LGNCs) at a time.
The NDGDWP 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 is exercising its
authority under the Ports and Waterway Safety Act (33 U.S.C. 1221, et
seq.) to establish regulated navigation areas
[[Page 34192]]
(RNAs) around the primary components of NEGDWP. The RNAs will 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 will 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 is also
placing safety and security zones within the corresponding RNAs that
will prohibit vessels from entering all waters within a 500-meter
radius of the same STL buoys. The Coast Guard considers the RNAs that
are being 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 Area), this
rulemaking also amends a corresponding section in 33 CFR part 150
(Deepwater Ports: Operations). The amendments to 33 CFR part 150
include amending that part to reflect ships' routing measures--``an
area to be avoided'' (ATBA) and two ``no anchoring areas'' (NAA)--that
are being concurrently established in consultation with the
International Maritime Organization. The ATBA and NAAs will be
reflected on nautical charts of the affected area along with the
regulated navigation areas described herein.
This rule also promotes 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 which 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 amends 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 2.3.6(a) (i.e., out to 12 nautical miles from the
territorial sea baseline). Without these changes, the security zone
around a transiting LNGC would cease to exist once the vessel moored to
NEGDWP. This rule eliminates that potential gap in security coverage.
This rule also adds definitions to make the regulations more clear,
while eliminating 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).
Finally, this rule amends 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 jurisdiction.
Copies of these agreements are available in the public docket for this
rule where indicated in the ADDRESSES section above.
Discussion of Comments and Changes
No comments or changes were suggested to the proposed rule. None
have been made.
Discussion of Rule
The Coast Guard is establishing regulated navigation areas (RNAs)
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 RNAs are hereby 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 is also establishing 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 is amending 33 CFR Part 150 to
reflect one recommendatory ships' routing measure--an ``area to be
avoided''--and two mandatory ships' routing measures--two ``no
anchoring areas''--that are being concurrently established with, but
separate and apart from, this rulemaking in consultation with the
International Maritime Organization.
Finally, this rule alters 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 Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The USCG and MARAD are responsible for processing license
applications to own, construct, and operate deepwater ports. To meet
the requirements of the National Environmental Policy Act of 1969
(NEPQ), 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 rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
[[Page 34193]]
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children. No comments were received as a part
of this rulemaking.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. The reason it falls under this exception is that it is a
regulation establishing a Regulated Navigation Area, security zone, and
a safety zone.
A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 150
Harbors, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, and Reporting and recordkeeping requirements.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
[[Page 34194]]
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 150 and 165 as follows:
PART 150--DEEPWATER PORTS: OPERATIONS
0
1. The authority citation for part 150 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No.
0170.1(70), (73), (75), (80).
0
2. 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 is
located approximately 13 miles south-southeast of the City of
Gloucester, Massachusetts, in Federal waters.
(2) No anchoring areas. Two mandatory no anchoring areas for NEGDWP
are established for all waters within circles of 1,000-meter radii
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) for NEGDWP is
as described in Table 150.940(B):
Table 150.940(B).--ATBA for NEGDWP
------------------------------------------------------------------------
Plotting guidance Latitude N Longitude W
------------------------------------------------------------------------
(i) Starting at............................... 42[deg]24'1 070[deg]35'
7'' 16''
(ii) A rhumb line to:......................... 42[deg]24'3 070[deg]36'
5'' 46''
(iii) Then an arc with a 1250 meter radius 42[deg]23'5 070[deg]37'
centered at point............................ 6'' 00''
(iv) To a point............................... 42[deg]23'1 070[deg]37'
7'' 15''
(v) Then a rhumb line to...................... 42[deg]22'5 070[deg]35'
9'' 45''
(vi) Then an arc with a 1250 meter radius 42[deg]23'3 070[deg]35'
centered at point............................ 8'' 31''
(vii) To the point of starting................ 42[deg]24'1 070[deg]35'
7'' 16''
------------------------------------------------------------------------
(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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
4. 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.
0
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
[[Page 34195]]
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 the
Northeast Gateway Deepwater Port are: 42[deg]23[min]38[sec] N,
070[deg]35[min]31[sec] W; and 42[deg]23[min]56[sec] N,
070[deg]37[min]00[sec] W (NAD 83).
(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 comply with the
instructions of the COTP or his/her authorized representative.
Dated: June 6, 2008.
T.S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 08-1364 Filed 6-12-08; 4:01pm]
BILLING CODE 4910-15-P
