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3 June 2008
[Federal Register: June 3, 2008 (Volume 73, Number 107)]
[Rules and Regulations]
[Page 31612-31614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn08-7]
[[Page 31612]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0301]
RIN 1625-AA87
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 establishing a temporary security zone
around Liquefied Natural Gas Carriers (LNGCs) approaching, engaging,
regasifying, disengaging, mooring or otherwise conducting operations at
the deepwater port facility in Massachusetts Bay, the Northeast Gateway
Deepwater Port. The zone temporarily closes all waters of Massachusetts
Bay within a five hundred (500) meter radius of LNCG vessels in the
vicinity of the position 42[deg]23' N, 070[deg]36' W. The security zone
is necessary to protect LNGCs calling on the deepwater port from
security threats or other subversive acts. Entry into this zone is
prohibited during the closure period unless authorized by the Captain
of the Port Boston, Massachusetts.
DATES: This rule is effective from May 16, 2008, through July 12, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0301 and are available online
at www.regulations.gov. They are also available for inspection or
copying 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 Eldridge McFadden at 617-223-3000. 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 logistics with respect to
the pending arrival of LNGC vessels was not determined with sufficient
time to draft and publish an NPRM. A more robust regulatory scheme to
ensure the security of vessels operating in the area has been developed
via separate rulemaking, and is available for review and comment at the
website www.regulations.gov using a search term of USCG-2007-0087. The
temporary security zones promulgated by this rule are needed for
vessels scheduled to arrive prior to implementation of the final
regulatory scheme proposed in the USCG-2007-0087 docket. Delaying the
effective date of this rule is contrary to the public interest to the
extent it would leave the Coast Guard without a regulatory enforcement
tool to ensure the security of LNGCs scheduled to call on the deepwater
port in the near future.
For these 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
Excelerate Energy will be using LNGCs to bring liquefied natural
gas to Massachusetts Bay to discharge its cargo. It will be discharging
the cargo at the Northeast Gateway Deepwater Port (NEGDWP) located in
the Atlantic Ocean, approximately 7 nautical miles south-southeast of
the City of Gloucester, Massachusetts, in Federal waters. The NEGDWP
operator plans to offload the LNGCs by regasifying the LNG on board the
vessel. 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 ensure security at and around LNGCs engaged in
regasification and transfer operations at the NEGDWP deepwater port,
the Coast Guard Captain of the Port, Boston is exercising its authority
under the Ports and Waterway Safety Act (33 U.S.C. 1221, et seq.) to
place a security zone within the vicinity of any LNGC vessel
approaching, engaging, regasifying, disengaging, mooring or otherwise
conducting operations at the deepwater port facility in Massachusetts
Bay that would prohibit vessels from entering all waters within a 500-
meter radius of the vessel.
Discussion of Rule
The Coast Guard is 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.
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.
The temporary security zones implemented by this rule will only be
enforced while LNGCs call on the Northeast Gateway Deepwater port.
Moreover, the zones implemented by this rule are co-extensive with
safety zones in 33 CFR 165.T01-0372 (73 FR 28041, May 15, 2008) already
in place around the deepwater port itself. Accordingly, the COTP
anticipates little net impact on marine traffic and waterway users from
the addition of the security zones created by this temporary rule.
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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of Massachusetts Bay from May 16, 2008 through
July 12, 2008. This security zone will not have a significant economic
impact on a substantial number of small entities for the reason
described under the Regulatory Evaluation section.
Assistance for Small Entities
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.
Small businesses may send comments on the actions of Federal
employees
[[Page 31613]]
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
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. 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, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 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. Add temporary Sec. 165.T01-0301 to read as follows:
Sec. 165.T01-0301 Security Zone: Liquefied Natural Gas Carrier
Transit and Anchorage Operations, Massachusetts Bay, MA.
(a) Location. The following area is a security zone:
All waters of Massachusetts Bay, from surface to bottom, within a
five hundred (500) meter radius of any Liquefied Natural Gas Carrier
engaged in regasification or transfer, or otherwise moored, anchored,
or affixed to the Northeast Gateway Deepwater Port located in
Massachusetts Bay at approximate position 42[deg]23' N, 70[deg]36' W.
(b) Effective period. This section is effective from May 16, 2008,
through July 12, 2008.
(c) Definitions. As used in this section--
Authorized representative means a Coast Guard commissioned,
warrant, or petty officer or a Federal, State, or local law enforcement
officer designated by or assisting the Captain of the Port, Boston
(COTP).
Deepwater port means any facility or structure meeting the
definition of deepwater port in 33 CFR 148.5.
Support vessel means any vessel meeting the definition of support
vessel in 33 CFR 148.5.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.33
[[Page 31614]]
of this part, entry into or movement within the security zones is
prohibited unless authorized by the COTP or his/her authorized
representative. Support vessels assisting the Liquefied Natural Gas
Carrier calling on the Northeast Gateway Deepwater Port are authorized
to enter and move within the security zones of this section in the
normal course of their operations.
(2) Vessel operators desiring to enter or operate within the
security zone must contact the COTP or the COTP's designated
representative to obtain permission by calling the Sector Boston
Command Center at 617-223-5761 or via VHF-FM Channel 16. All persons
and vessels granted permission to enter the security zone shall comply
with the directions of the COTP or the COTP's authorized
representative.
Dated: May 15, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
[FR Doc. E8-12361 Filed 6-2-08; 8:45 am]
BILLING CODE 4910-15-P