[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Rules and Regulations]
[Pages 41334-41336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19547]


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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.

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SUMMARY: The Coast Guard is establishing two temporary safety zones 
extending 500 meters in all directions from each of the two submerged 
turret-loading 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 <a href="/cdn-cgi/l/email-protection#88c5e1ebe0ede4eda6c5a6c0e9f1ffe7e7ecc8fdfbebefa6e5e1e4"><span class="__cf_email__" data-cfemail="6c21050f04090009422142240d151b0303082c191f0f0b42010500">[email protected]</span></a>. 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

[[Page 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 sub-surface infrastructure, which includes, among other 
things, a significant sub-surface 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[deg]29'12.3'' N, Longitude 070[deg]36'29.7'' W; and, STL Buoy B: 
Latitude 42[deg]27'20.5'' N, Longitude 070[deg]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

[[Page 41336]]

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.

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.T01-0644 to read as follows:


Sec.  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[deg]23'38'' N, 070[deg]35'31'' W and 
42[deg]23'56'' N, 070[deg]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


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