41334 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

§ 26.34 What type of job training 

assistance may be approved? 

The following types of training that 

lead to gainful employment may be 

approved: 

(a) Nationally accredited vocational 

training; 

(b) Training and non-accredited 

vocational courses provided by a tribe; 

(c) Training programs not operated by 

the tribe but approved by the service 

provider; 

(d) Apprenticeship training 

supervised by a State apprenticeship 

agency or council or by the Federal 

Apprenticeship Training Service that is 

provided by a corporation or association 

that has been training bona fide 

apprentices for at least one year or any 

other apprenticeship program approved 

by the service provider; or 

(e) OJT offered by a public or private 

business. 

§ 26.35 What kind of support services are 

available to me? 

As determined by the service 

provider, training support services 

include, but are not limited to, stipends, 

transportation, and childcare. 

§ 26.36 What follow-up service is available 

after I complete training? 

Job Placement assistance may follow 

training. 

§ 26.37 Are there training standards that I 

must follow? 

Yes, students must maintain the 

minimum academic requirements and 

be in good standing as set forth by the 

training institute. If an applicant is 

separated from training for good cause, 

the applicant may be responsible for 

repaying any portion of misused funds. 

Subpart D—Appeal by an Applicant 

§ 26.38 May I appeal a decision about my 

application? 

If the servicing agency denies your 

application you may appeal under part 

2 of this chapter by sending your appeal 

to your service provider. If your 

servicing agency is a tribal contractor, 

you should file your appeal with the 

tribal contractor under their established 

procedure. The letter informing you of 

the decision on your application will 

include information on how to appeal. 

PART 27—[Removed] 

■ 2. Remove part 27. 

[FR Doc. E9–19720 Filed 8–14–09; 8:45 am] 

BILLING CODE 4310–4M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0644] 

RIN 1625–AA00 

Safety Zones; Neptune Deep Water 

Port, Atlantic Ocean, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

extending 500 meters in all directions 

from each of the two submerged turretloading buoys and accompanying 

systems that are part of GDF Suez 

Energy’s Neptune Deepwater Port 

located in the Atlantic Ocean off of 

Boston, Massachusetts. The purpose of 

these temporary safety zones is to 

protect vessels and mariners from the 

potential safety hazards associated with 

construction of the deepwater port 

facilities and the large sub-surface turret 

buoys, and to protect the deepwater port 

infrastructure. All vessels, with the 

exception of deepwater port support 

vessels, are prohibited from entering 

into, remaining or moving within either 

of the safety zones. 

DATES: This rule is effective from July 

31, 2009 through February 16, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0644 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0644 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Marie 

Haywood, United States Coast Guard, 

Sector Boston, Waterways Management; 

telephone 617–223–5160, e-mail 

Michele.M.Haywood@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The deepwater 

port facilities discussed elsewhere in 

this rule are in the final stages of 

completion and present a potential 

safety hazard to vessels, especially 

fishing vessels, operating in the vicinity 

of submerged structures associated with 

the deepwater port facility. 

These safety zones are needed 

pending implementation of a final 

regulatory scheme to protect vessels 

from the hazards posed by the presence 

of the currently uncharted, submerged 

deepwater infrastructure. Final 

regulations are being developed and are 

expected to be proposed in a notice of 

proposed rulemaking in a separate 

rulemaking docket, USCG–2009–0589. 

In the mean time, immediate action is 

necessary to protect vessels currently 

operating in the area from uncharted 

submerged hazards. Further, a delay or 

cancellation of this portion of the 

construction is contrary to the public’s 

interest in the timely completion of this 

project. 

For the same reasons given above, the 

Coast Guard also finds under 5 U.S.C. 

553(d)(3) that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

Background and Purpose 

On March 23, 2007, the Maritime 

Administration (MARAD), in 

accordance with the Deepwater Port Act 

of 1974, as amended, issued a license to 

Suez Energy to own, construct, and 

operate a natural gas deepwater port 

named ‘‘Neptune’’. Neptune Deepwater 

Port (NEPTUNE) is located in the 

Atlantic Ocean, approximately eight 

nautical miles South-southeast of 

Gloucester, Massachusetts, in Federal 

waters. 

The Neptune Deepwater Port can 

accommodate the mooring, connecting, 

and offloading of two liquefied natural 

gas carriers (LNGCs) at one time. The 

Neptune Deepwater Port 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 


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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 41335 

leading to a seabed pipeline that ties 

into the existing Algonquin Gas 

Transmission Pipeline for transfer to 

shore. GDF Suez recently completed 

installation of the submerged turret 

loading (STL) buoys and associated subsurface infrastructure, which includes, 

among other things, a significant subsurface sea anchor and mooring system. 

The temporary zones created by this 

rule ensure there is no gap in safety 

regulations, and protects the safety of 

persons and vessels operating around 

the submerged deepwater port 

infrastructure while public comments 

on an NPRM creating permanent 

regulations around the Neptune 

Deepwater Port facility are analyzed and 

that rulemaking project is completed. 

Discussion of Rule 

The Coast Guard is establishing two 

temporary safety zones, each of which 

extends in a radius of 500 meters 

around the Neptune Deepwater Port 

STL buoys to protect vessels from 

submerged hazards. The approximate 

coordinates of the two STL buoys are: 

STL Buoy A: Latitude 42°29′12.3′′ N, 

Longitude 070°36′29.7′′ W; and, STL 

Buoy B: Latitude 42°27′20.5′′ N, 

Longitude 070°36′07.3′′ W. The location 

of each buoy is indicated on the ocean 

surface above it by several small, white 

buoys labeled LNG with red flags and 

radar-reflected buoys known as Hi 

Flyers. 

All vessels, other than Liquefied 

Natural Gas carriers and associated 

support vessels are prohibited from 

entering into, remaining or moving 

within the safety and security zones. 

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. 

We expect the economic impact of 

this regulation to be so minimal that a 

full Regulatory Evaluation is 

unnecessary. Extensive outreach has 

been conducted by the company, GDF 

Suez Energy, with the local boating and 

fishing community so as to minimize 

impacts. In addition, the company has 

stationed a vessel at the location of the 

Neptune project to notify vessels 

potentially conducting underwater 

operations of the local dangers. 

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 

fishing and recreational vessels 

intending to transit or anchor in a 

portion of the Atlantic Ocean and 

Massachusetts Bay area covered by this 

rule. These safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. These two safety 

zones only extend for 500 meters from 

each of the STL buoys allowing 

navigation in all other areas of 

Massachusetts Bay, and public 

notification of the safety and the 

inherent dangers of the STL buoys and 

underwater equipment will continue to 

be made by the Coast Guard as well as 

Neptune personnel. 

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 

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 


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41336 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

1Notice of the United States Postal Service of 

Filing Two Functionally Equivalent Global Plus 1 

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 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because the 

rule creates two safety zones around 

submerged buoys and their associated 

infrastructure. An environmental 

analysis checklist and a 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. 

■ 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: 

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. Add temporary § 165.T01–0644 to 

read as follows: 

§ 165.T01–0644 Safety Zones; Neptune 

Deepwater Port, Atlantic Ocean, Boston, 

MA. 

(a) Location. The following areas are 

safety zones: All navigable waters of the 

United States within a 500-meter radius 

of each of the two submerged turret 

loading buoys of the Neptune 

Deepwater Port, which are located at 

approximately 42°23′38′′ N, 070°35′31′′ 

W and 42°23′56′′ N, 070°37′00′′ W 

(NAD83). The location of the two 

submerged turret loading buoys is 

marked on the surface of the water by 

several small, white buoys labeled LNG 

with red flags and radar-reflected buoys 

known as ‘‘Hi Flyers.’’ 

(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 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. 

(c) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.23 apply. 

(2) In accordance with the general 

regulations, entry into or movement 

within these safety zones is prohibited 

unless authorized by the Captain of the 

Port Boston. Liquefied Natural Gas 

Carrier vessels and related Support 

Vessels calling on the Neptune 

Deepwater Port are authorized to enter 

and move within the safety zones of this 

section in the normal course of their 

operations. 

(3) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or authorized representative. 

(4) Upon being hailed by an 

authorized representative by siren, 

radio, flashing light or other means, the 

operator of the vessel must proceed as 

directed. 

(5) Persons and vessels may contact 

the Coast Guard to request permission to 

enter the zone on VHF–FM Channel 16 

or via phone at 617–223–5761. 

Dated: July 31, 2009. 

John N. Healey, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. E9–19547 Filed 8–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–46; Order No. 265] 

Global Plus 1 Contracts 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is making 

changes to the Competitive Product List, 

including adding a Global Plus 1 

contract. This is consistent with changes 

in a recent law governing postal 

operations. Republication of the lists of 

market dominant and competitive 

products is also consistent with 

requirements in the new law. 

DATES: Effective August 17, 2009 and is 

applicable beginning July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman at 202–789–6820 

or stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 36276 (July 22, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service proposes to add a 

specific Global Plus 1 contract to the 

Global Plus Contracts product 

established in Docket No. CP2008–8. 

For the reasons discussed below, the 

Commission approves the Postal 

Service’s proposal. 

II. Background 

On July 13, 2009, the Postal Service 

filed a notice, pursuant to 39 CFR 

3015.5, announcing that it has entered 

into two additional Global Plus 1 

contracts, which it states fit within the 

previously established Global Plus 

Contracts product.1 The Postal Service 


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