Safety Zones; Northeast Gateway Deepwater Port, Atlantic Ocean, MA and Security Zone; Liquefied Natural Gas Carriers, Massachusetts Bay, MA, 39868-39871 [E8-15947]
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39868
§ 1615.150
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations
[Amended]
9. Section 1615.150(c) and (d) are
removed.
I 10. Section 1615.170 is amended as
follows:
I A. Revise paragraphs (a), (b), and (c).
I B. Revise the first sentences of
paragraphs (d)(1) and (d)(2).
I C. Revise the third and fourth
sentences of paragraph (i).
I D. Revise paragraph (j).
I E. Revise the first sentence of
paragraph (k).
I F. Add a new paragraph (n).
The revisions and additions read as
follows:
I
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§ 1615.170
Compliance procedures.
(a) Except as provided in paragraph
(b) of this section, this section applies
to all allegations of discrimination on
the basis of disability in programs or
activities conducted by the Commission
in violation of section 504. This section
also applies to all complaints alleging a
violation of the agency’s responsibility
to procure electronic and information
technology under section 508 whether
filed by members of the public or EEOC
employees or applicants.
(b) The Commission shall process
complaints alleging violations of section
504 with respect to employment
according to the procedures established
by EEOC in 29 CFR part 1614 pursuant
to section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791). With regard to
employee claims concerning agency
procurements made in violation of
section 508, the procedures set out in
paragraphs (d) through (m) of this
section shall be used.
(c) Responsibility for implementation
and operation of this section shall be
vested in the Director, Office of Equal
Opportunity (Director of OEO).
(d) * * *
(1) * * * Any person who believes
that he or she has been subjected to
discrimination prohibited by this part or
that the agency’s procurement of
electronic and information technology
has violated section 508, or authorized
representative of such person, may file
a complaint with the Director of OEO.
* * *
(2) * * * Complaints shall be filed
with the Director of OEO within one
hundred and eighty calendar days of the
alleged acts of discrimination. * * *
*
*
*
*
*
(i) * * * An appeal shall be deemed
filed on the date it is postmarked, or, in
the absence of a postmark, on the date
it is received by the Chair at EEOC
headquarters. It should be clearly
marked ‘‘Appeal of Section 504
decision’’ or ‘‘Appeal of Section 508
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decision’’ and should contain specific
objections explaining why the person
believes the initial decision was
factually or legally wrong. * * *
(j) Timely appeals shall be decided by
the Chair of the Commission unless the
Commission determines that an appeal
raises a policy issue which should be
addressed by the full Commission.
(1) The Chair will draft a decision
within 30 days of receipt of an appeal
and circulate it to the Commission.
(2) If a Commissioner believes an
appeal raises a policy issue that should
be addressed by the full Commission, he
or she shall so inform the Chair by
notice in writing within ten calendar
days of the circulation of the draft
decision on appeal.
(3) If the Chair does not receive such
written notice, the decision on appeal
shall be issued.
(4) If the Chair receives written notice
as described in subparagraph (2), the
Commission shall resolve the appeal
through a vote.
(k) The Commission shall notify the
complainant of the results of the appeal
within ninety calendar days of the
receipt of the appeal from the
complainant. * * *
*
*
*
*
*
(n) Civil actions. The remedies,
procedures, and rights set forth in
sections 505(a)(2) and 505(b) of the
Rehabilitation Act, 29 U.S.C. 794a(a)(2)
and 794a(b) shall be the remedies,
procedures, and rights available to any
individual with a disability filing a
complaint under this section.
Dated: July 2, 2008.
Naomi C. Earp,
Chair.
[FR Doc. E8–15764 Filed 7–10–08; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Nos. USCG–2008–0372 and USCG–
2008–0301]
RIN 1625–AA00 and RIN 1625–AA87
Safety Zones; Northeast Gateway
Deepwater Port, Atlantic Ocean, MA
and Security Zone; Liquefied Natural
Gas Carriers, Massachusetts Bay, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is extending
the duration of two temporary safety
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zones of 500 meter radii around the
primary components, two independent
submerged turret-loading buoys, of
Excelerate Energy’s Northeast Gateway
Deepwater Port, Atlantic Ocean, and its
accompanying systems, as well as
extending the duration of the temporary
security zone around Liquefied Natural
Gas Carrier (LNGC) vessels approaching,
engaging, regasifying, disengaging,
mooring, or otherwise conducting
operations at the deepwater port facility
in Massachusetts Bay. The purpose of
these temporary safety zones is to
protect vessels and mariners from the
potential safety hazards associated with
deepwater port facilities. All vessels,
with the exception of deepwater port
support vessels, are prohibited from
entering into or moving within either of
the safety zones. The security zone is
necessary to protect LNGC vessels
calling on the deepwater port from
security threats or other subversive acts.
DATES: This rule extends the current
temporary regulations, which have been
in effect since May 7, 2008 (USCG–
2008–0372) (73 FR 28039), and May 16,
2008 (USCG–2008–0301) (73 FR 31612),
through July 17, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0372 and USCG–2008–0301
respectively, are available online at
www.regulations.gov. They are also
available for inspection or copying at
two locations: The Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the U.S. Coast Guard, Sector
Boston, 427 Commercial Street, Boston,
MA 02109, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Chief Petty Officer Eldridge
McFadden, Waterways Management
Division, U.S. Coast Guard Sector
Boston, at 617–223–5160. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The
deepwater port facilities discussed
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elsewhere in this rule were recently
completed and present potential safety
hazards to vessels, especially fishing
vessels, operating in the vicinity of
submerged structures associated with
the deepwater port facility. A more
robust regulatory scheme to ensure the
safety and security of vessels operating
in the area, has been developed via
separate rulemaking, and is available for
review and comment at the Web site
https://www.regulations.gov using a
search term of USCG–2007–0087. That
final rulemaking was published in the
June 17, 2008, Federal Register (73 FR
34191) and will go into effect on July 17,
2008. This rule extends the existing
temporary safety zones around the
deepwater port infrastructure, as well as
the temporary security zone around
vessels scheduled to arrive in port,
currently set to expire on July 12, 2008,
until July 17, 2008, the effective date of
the larger rulemaking. This extension is
necessary to protect vessels from the
hazards posed by the presence of the
currently uncharted, submerged
deepwater infrastructure. Failing to
delay the effective day of this extension
pending completion of notice and
comment rulemaking is contrary to the
public interest to the extent it could
expose vessels currently operating in
the area to the known, but otherwise
uncharted submerged hazards. In
addition, it would leave the Coast Guard
without the regulatory enforcement tool
that a security zone provides for vessels
scheduled to call on the deepwater port
in the near future.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Background and Purpose
On May 14, 2007, the Maritime
Administration (MARAD), in
accordance with the Deepwater Port Act
of 1974, as amended, issued a license to
Excelerate Energy to own, construct,
and operate a natural gas deepwater
port, ‘‘Northeast Gateway.’’ Northeast
Gateway Deepwater Port (NEGDWP) is
located in the Atlantic Ocean,
approximately 13 nautical miles southsoutheast of the City of Gloucester,
Massachusetts, in Federal waters. The
NEGDWP will accommodate the
mooring, connecting, and offloading of
two liquefied natural gas carriers
(LNGCs) at one time. The NEGDWP
operator plans to offload LNGC by
degasifying the LNG on board the
vessels. The regasified natural gas is
then transferred through two submerged
turret-loading buoys, via a flexible riser
leading to a seabed pipeline that ties
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into the Algonquin Gas Transmission
Pipeline for transfer to shore.
Excelerate recently completed
installation of the STL buoys and
associated sub-surface infrastructure,
which includes, among other things, a
significant sub-surface sea anchor and
mooring system.
In December 2007, the Coast Guard
established a safety zone around the
submerged turret loading buoys while
regulations were developed to protect
the buoys as well as passing vessels. See
73 FR 1274. That temporary safety
subsequently expired and was reestablished by the Coast Guard on May
15, 2008. See 73 FR 28039. That
temporary safety zone is set to expire on
July 12, 2008. On June 3, 2008, the Coast
Guard published a rule establishing a
security zone around vessels engaging
in operations in the Northeast Gateway
Deepwater Port. See 73 FR 31612. The
final rule discussed in docket number
USCG–2007–0087 was ultimately
published in the Federal Register on
June 17, 2008. See 73 FR 34191.
Accordingly, it will become effective on
July 17. The temporary zones created by
this rule ensure that there is no gap in
authority to ensure safety around the
submerged deepwater port
infrastructure or around any vessels
calling on the port until the final rule’s
effective date of July 17.
Discussion of Rule
The Coast Guard is re-establishing
two temporary safety zones 500 meters
around the Northeast Gateway
Deepwater Port (NEGDWP) STL buoys
as described above to protect vessels
from submerged hazards and potential
security threats or other subversive
attacks. All vessels, other than LNGCs
and associated support vessels, are
prohibited from entering into or moving
within the safety zones. The Coast
Guard is also re-establishing a
temporary security zone encompassing
all waters within a 500-meter radius of
any LNGC, which is carrying LNG while
it is approaching, engaging, regasifying,
disengaging, mooring, or otherwise
conducting operations at the NEGDWP.
This rule extends the effective date of
the safety zones established in 73 FR
28039 and the effective date of the
security zone established in 73 FR
31612 through July 17, 2008.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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39869
Budget has not reviewed it under that
Order.
This regulation may have some
impact on the public in excluding
vessels from the areas of these zones.
This impact, however, is outweighed by
the safety and security risks mitigated
by the enactment of these zones.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under
5 U.S.C. 605(b) that this rule will not
have a significant economic impact on
a substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor
within 500 meters of the STL buoys for
the deepwater port. 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
the buoys and any LNGC vessels calling
on the deepwater port. 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),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations
If this rule will affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call Lieutenant
Merridith Morrison, Assistant Chief,
Waterways Management Division, Coast
Guard Sector Boston, at 617–223–3028.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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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.
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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.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
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.
We have analyzed this rule under
Commandant Instruction M16475.lD
and the 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, under the Instruction,
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is
categorically excluded, under figure 2–
1, paragraph (34) (g), of the Instruction,
from further environmental
documentation as the rule establishes a
safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
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Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. 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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Amend § 165.T01–0372 to add
paragraph (d) to read as follows:
I
§ 165.T01–0372 Safety and Security Zones:
Northeast Gateway, Deepwater Port,
Atlantic Ocean, Boston , MA.
*
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*
*
(d) Effective Date. This section is
effective from July 3, 2008 until July 17,
2008.
I 3. Amend § 165.T01–0301 to revise
paragraph (b) to read as follows:
§ 165.T01–0301 Security Zone: Liquefied
Natural Gas Carrier Transit and Anchorage
Operations, Massachusetts Bay, MA.
*
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Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations
(b) Effective Date. This section is
effective from July 3, 2008 until July 17,
2008.
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Dated: July 3, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
Port, Boston.
[FR Doc. E8–15947 Filed 7–10–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2005–0155; FRL–8691–2]
RIN 2060–AO52
National Perchloroethylene Air
Emission Standards for Dry Cleaning
Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule; withdrawal; revision.
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AGENCY:
SUMMARY: EPA published a direct final
rule and parallel proposal on April 1,
2008, to amend revisions to the national
perchloroethylene air emission
standards for dry cleaning facilities
which EPA promulgated on July 27,
2006. Because we received adverse
comment during the comment period on
the direct final rule and parallel
proposal, we are withdrawing the direct
final rule and taking final action on the
proposed rule to reflect our response to
the comments.
DATES: This final rule revision is
effective July 11, 2008; the withdrawal
of the direct final rule published on
April 1, 2008, at 73 FR 17252 is effective
July 11, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2005–0155. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available
(e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute).
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the EPA Docket Center, Docket
ID No. EPA–HQ–OAR–2005–0155,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
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p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Warren Johnson, Sector Policies and
Programs Division, Office of Air Quality
Planning and Standards (E143–03),
Environmental Protection Agency,
Research Triangle Park, NC 27711,
telephone number (919) 541–5124,
electronic mail address
Johnson.warren@epa.gov.
SUPPLEMENTARY INFORMATION: On April
1, 2008, EPA published a direct final
rule and parallel proposal for ‘‘National
Perchloroethylene Air Emission
Standards for Dry Cleaning’’ (73 FR
17252). We stated in the direct final rule
and parallel proposal that if we received
adverse comments by May 16, 2008, the
direct final rule would not take effect
and we would publish a timely
withdrawal in the Federal Register. We
received adverse comments on this
direct final rule and are withdrawing it.
As stated in the direct final rule and
parallel proposal, we will not institute
a second comment period on this action.
Concurrent with the direct final rule,
we published a separate notice of
proposed rulemaking, to provide for the
contingency of adverse comments on
the direct final rule (73 FR 17292). We
are now issuing a final rule based on the
notice of proposed rulemaking and on
comments received.
Judicial Review. Under section
307(b)(1) of the Clean Air Act (CAA),
judicial review of the final rule is
available only by filing a petition for
review in the U.S. Court of Appeals for
the District of Columbia Circuit by
September 9, 2008. Under CAA section
307(d)(7)(B), only an objection to the
final rule that was raised with
reasonable specificity during the period
for public comment can be raised during
judicial review. Moreover, under CAA
section 307(b)(2), any requirements
established by the final action may not
be challenged separately in any civil or
criminal proceedings brought by EPA to
enforce these requirements.
Section 307(d)(7)(B) of the CAA
further provides a mechanism for EPA
to convene a proceeding for
reconsideration, ‘‘if the person raising
the objection can demonstrate to the
Administrator that it was impracticable
to raise such objection within [the
period for public comment] or if the
grounds for such objection arose after
the period for public comment (but
within the time specified for judicial
review) and if such objection is of
central relevance to the rule.’’ Any
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39871
person seeking to make such a
demonstration to EPA should submit a
Petition for Reconsideration to the
Office of the Administrator, U.S. EPA,
Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, with a copy to both the
person listed in the preceding FOR
FURTHER INFORMATION CONTACT section
and the Director of the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344–A), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20004.
I. What action is EPA taking?
In today’s final rule, EPA is adopting
the regulatory revisions to 40 CFR
63.320(d) and (e); 63.323(a)(1), (a)(1)(ii),
(b) and (c); and 63.324(d)(5) and (6),
including some modifications from
what we proposed to address the
comments received. We received no
adverse comments on the proposed
revisions to 40 CFR 63.323(a)(1)’s
introductory text, 63.323(a)(1)(ii), or
63.324(d)(5)–(6), and these revisions are
being adopted exactly as proposed.
Similarly, we received no adverse
comments on our proposed amendment
to § 63.320(d) adding cross-references to
§§ 63.322(o)(3) and 63.322(o)(5)(i), or on
our proposed amendment to § 63.320(e)
adding a cross-reference to
§ 63.322(o)(3); consequently, those
additions are also being adopted.
However, one commenter, the State of
Delaware, submitted a comment on the
April 1, 2008 direct final rule and
parallel proposal objecting to the
removal from § 63.320(d) and (e) of
cross-references to § 63.322(o)(4),
claiming that the removal of these crossreferences would have exempted
existing dry-to-dry machine systems
from certain requirements intended to
prevent the new installation of any
perchloroethylene (perc) machine in a
building with a residence. Specifically
that removal of these cross-references
would allow owners and operators of
dry cleaning systems installed after
December 21, 2005 to relocate old, highemitting dry-to-dry machine systems
into residential buildings and
significantly increase the residents’
exposure to perc. Delaware
recommended that our amendments to
§ 63.320(d) and (e) be revised to clarify
that existing dry-to-dry machine
systems ‘‘remain subject to’’ the
requirements of § 63.322(o)(4).
We agree with the State of Delaware
that our clarification would have had
the unintended impact of revising
requirements in the July 27, 2006 final
rule. As we explained in the April 1,
2008 direct final rule (73 FR 17254), we
believed that the cross-reference in
E:\FR\FM\11JYR1.SGM
11JYR1
]]>Agencies
[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Rules and Regulations]
[Pages 39868-39871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15947]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Nos. USCG-2008-0372 and USCG-2008-0301]
RIN 1625-AA00 and RIN 1625-AA87
Safety Zones; Northeast Gateway Deepwater Port, Atlantic Ocean,
MA and Security Zone; Liquefied Natural Gas Carriers, Massachusetts
Bay, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the duration of two temporary
safety zones of 500 meter radii around the primary components, two
independent submerged turret-loading buoys, of Excelerate Energy's
Northeast Gateway Deepwater Port, Atlantic Ocean, and its accompanying
systems, as well as extending the duration of the temporary security
zone around Liquefied Natural Gas Carrier (LNGC) vessels approaching,
engaging, regasifying, disengaging, mooring, or otherwise conducting
operations at the deepwater port facility in Massachusetts Bay. The
purpose of these temporary safety zones is to protect vessels and
mariners from the potential safety hazards associated with deepwater
port facilities. All vessels, with the exception of deepwater port
support vessels, are prohibited from entering into or moving within
either of the safety zones. The security zone is necessary to protect
LNGC vessels calling on the deepwater port from security threats or
other subversive acts.
DATES: This rule extends the current temporary regulations, which have
been in effect since May 7, 2008 (USCG-2008-0372) (73 FR 28039), and
May 16, 2008 (USCG-2008-0301) (73 FR 31612), through July 17, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0372 and USCG-2008-0301
respectively, are available online at www.regulations.gov. They are
also available for inspection or copying at two locations: The Docket
Management Facility (M-30), U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays, and the U.S. Coast Guard, Sector Boston, 427
Commercial Street, Boston, MA 02109, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Chief Petty Officer Eldridge McFadden, Waterways
Management Division, U.S. Coast Guard Sector Boston, at 617-223-5160.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The deepwater port facilities
discussed
[[Page 39869]]
elsewhere in this rule were recently completed and present potential
safety hazards to vessels, especially fishing vessels, operating in the
vicinity of submerged structures associated with the deepwater port
facility. A more robust regulatory scheme to ensure the safety and
security of vessels operating in the area, has been developed via
separate rulemaking, and is available for review and comment at the Web
site https://www.regulations.gov using a search term of USCG-2007-0087.
That final rulemaking was published in the June 17, 2008, Federal
Register (73 FR 34191) and will go into effect on July 17, 2008. This
rule extends the existing temporary safety zones around the deepwater
port infrastructure, as well as the temporary security zone around
vessels scheduled to arrive in port, currently set to expire on July
12, 2008, until July 17, 2008, the effective date of the larger
rulemaking. This extension is necessary to protect vessels from the
hazards posed by the presence of the currently uncharted, submerged
deepwater infrastructure. Failing to delay the effective day of this
extension pending completion of notice and comment rulemaking is
contrary to the public interest to the extent it could expose vessels
currently operating in the area to the known, but otherwise uncharted
submerged hazards. In addition, it would leave the Coast Guard without
the regulatory enforcement tool that a security zone provides for
vessels scheduled to call on the deepwater port in the near future.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
On May 14, 2007, the Maritime Administration (MARAD), in accordance
with the Deepwater Port Act of 1974, as amended, issued a license to
Excelerate Energy to own, construct, and operate a natural gas
deepwater port, ``Northeast Gateway.'' Northeast Gateway Deepwater Port
(NEGDWP) is located in the Atlantic Ocean, approximately 13 nautical
miles south-southeast of the City of Gloucester, Massachusetts, in
Federal waters. The NEGDWP will accommodate the mooring, connecting,
and offloading of two liquefied natural gas carriers (LNGCs) at one
time. The NEGDWP operator plans to offload LNGC by degasifying the LNG
on board the vessels. The regasified natural gas is then transferred
through two submerged turret-loading buoys, via a flexible riser
leading to a seabed pipeline that ties into the Algonquin Gas
Transmission Pipeline for transfer to shore.
Excelerate recently completed installation of the STL buoys and
associated sub-surface infrastructure, which includes, among other
things, a significant sub-surface sea anchor and mooring system.
In December 2007, the Coast Guard established a safety zone around
the submerged turret loading buoys while regulations were developed to
protect the buoys as well as passing vessels. See 73 FR 1274. That
temporary safety subsequently expired and was re-established by the
Coast Guard on May 15, 2008. See 73 FR 28039. That temporary safety
zone is set to expire on July 12, 2008. On June 3, 2008, the Coast
Guard published a rule establishing a security zone around vessels
engaging in operations in the Northeast Gateway Deepwater Port. See 73
FR 31612. The final rule discussed in docket number USCG-2007-0087 was
ultimately published in the Federal Register on June 17, 2008. See 73
FR 34191. Accordingly, it will become effective on July 17. The
temporary zones created by this rule ensure that there is no gap in
authority to ensure safety around the submerged deepwater port
infrastructure or around any vessels calling on the port until the
final rule's effective date of July 17.
Discussion of Rule
The Coast Guard is re-establishing two temporary safety zones 500
meters around the Northeast Gateway Deepwater Port (NEGDWP) STL buoys
as described above to protect vessels from submerged hazards and
potential security threats or other subversive attacks. All vessels,
other than LNGCs and associated support vessels, are prohibited from
entering into or moving within the safety zones. The Coast Guard is
also re-establishing a temporary security zone encompassing all waters
within a 500-meter radius of any LNGC, which is carrying LNG while it
is approaching, engaging, regasifying, disengaging, mooring, or
otherwise conducting operations at the NEGDWP.
This rule extends the effective date of the safety zones
established in 73 FR 28039 and the effective date of the security zone
established in 73 FR 31612 through July 17, 2008.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This regulation may have some impact on the public in excluding
vessels from the areas of these zones. This impact, however, is
outweighed by the safety and security risks mitigated by the enactment
of these zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor within 500 meters of the STL buoys for the deepwater port.
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 the
buoys and any LNGC vessels calling on the deepwater port. 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
[[Page 39870]]
If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Lieutenant Merridith
Morrison, Assistant Chief, Waterways Management Division, Coast Guard
Sector Boston, at 617-223-3028.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b) (2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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 the 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, under the Instruction, that there are no factors in
this case that would limit the use of a categorical exclusion under
section 2.B.2 of the Instruction. Therefore, this rule is categorically
excluded, under figure 2-1, paragraph (34) (g), of the Instruction,
from further environmental documentation as the rule establishes a
safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Amend Sec. 165.T01-0372 to add paragraph (d) to read as follows:
Sec. 165.T01-0372 Safety and Security Zones: Northeast Gateway,
Deepwater Port, Atlantic Ocean, Boston , MA.
* * * * *
(d) Effective Date. This section is effective from July 3, 2008
until July 17, 2008.
0
3. Amend Sec. 165.T01-0301 to revise paragraph (b) to read as follows:
Sec. 165.T01-0301 Security Zone: Liquefied Natural Gas Carrier
Transit and Anchorage Operations, Massachusetts Bay, MA.
* * * * *
[[Page 39871]]
(b) Effective Date. This section is effective from July 3, 2008
until July 17, 2008.
* * * * *
Dated: July 3, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
[FR Doc. E8-15947 Filed 7-10-08; 8:45 am]
BILLING CODE 4910-15-P
