Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Rules and Regulations 28039 

DATES: For the special local regulations 

described in 33 CFR 100.114, Fireworks 

Display Table entry 7.11, the zone will 

be enforced on June 28, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Chief Eldridge McFadden at phone 

number 617–223–3000. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.114 for the 

annual Weymouth 4th of July Fireworks 

on June 28, 2008, from 9 p.m. through 

11 p.m. 

Under the provisions of 33 CFR 

100.114, a vessel may not enter the 

regulated area, unless it receives 

permission from the COTP. 

Additionally, no person or vessel may 

enter or remain within 500 yards around 

the fireworks barge. Spectator vessels 

may safely transit outside the regulated 

area but may not anchor, block, loiter in, 

or impede the transit of ship parade 

participants or official patrol vessels. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.114 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners. 

If the COTP determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the regulated area. 

Dated: May 6, 2008. 

G.P. Kulisch, 

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

Port Boston. 

[FR Doc. E8–10804 Filed 5–14–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0372] 

RIN 1625–AA00 

Safety Zones: Northeast Gateway, 

Deepwater Port, Atlantic Ocean, 

Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is reestablishing 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. 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. 

DATES: This rule is effective from May 

7, 2008 through July 12, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0372 and are available online at http:// 

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 

elsewhere in this rule were recently 

completed and present a potential safety 

hazard 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 

http://www.regulations.gov using a 

search term of USCG–2007–0087. These 

safety zones are needed pending 

implementation of a final regulatory 

scheme, proposed in a separate 

rulemaking docket, USCG–2007–0087, 

to protect vessels from the hazard posed 

by the presence of the currently 

uncharted, submerged deepwater 

infrastructure. Delaying the effective 

day pending completion of notice and 

comment rulemaking is contrary to the 

public interest to the extent it would 

expose vessels currently operating in 

the area to the known, but otherwise 

uncharted submerged hazards. 

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 

coordinates for its two submerged turret 

loading (STL) buoys are: STL Buoy A, 

Latitude 42°23′38′′ N, Longitude 

070°35′31′′ W and STL Buoy B, Latitude 

42°23′56′′ N, Longitude 070°37′00′′ W. 

The NEGDWP will accommodate the 

mooring, connecting, and offloading of 

two liquefied natural gas carriers 

(LNGCs) at one time. The NEGDWP 

operator plans to offload LNG 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 zone 

expires May 7, 2007. The comment 

period for the permanent rulemaking 

project, docket number USCG–2007–

0087, ends May 12, 2008. The 

temporary zone created by this rule 

ensures that there is no gap in authority 

to ensure safety around the submerged 

deepwater port infrastructure while 

comments on proposed permanent 


yshivers on PROD1PC66 with RULES
28040 Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Rules and Regulations 

regulatory regime are analyzed, and that 

rulemaking project is completed. 

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 these submerged hazards. All 

vessels, other than Liquefied Natural 

Gas carriers and associated support 

vessels are prohibited from entering into 

or moving within the safety zones. 

This rule is effective immediately 

through July 12, 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 risk 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 in 

those portions of Atlantic Ocean 

covered by the safety zones. For the 

reasons outlined in the Regulatory 

Evaluation section above, this rule will 

not have a significant impact on a 

substantial number of small entities. 

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. 

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 

Commander Heather Morrison, 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. 


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Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Rules and Regulations 28041 

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 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226 and 1231; 46 

U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T01–0372 to 

read as follows: 

§ 165.T01–0372 Safety Zones: Northeast 

Gateway, 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 the two submerged turret loading 

buoys of the Northeast Gateway 

Deepwater Port located at 42°23′38′′ N, 

070°35′31′′ W and 42°23′56′′ N, 

070°37′00′′. All coordinates are North 

American Datum 1983. 

(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 in § 165.23 of this part, entry 

into or movement within these zones is 

prohibited unless authorized by the 

Captain of the Port, Boston. Liquefied 

Natural Gas Carrier vessels and related 

Support Vessels calling on the Northeast 

Gateway 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 shall 

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 shall 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: May 7, 2008. 

Gail P. Kulisch, 

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

Port, Boston. 

[FR Doc. 08–1267 Filed 5–12–08; 3:11 pm] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 111 

Repositionable Notes Transitioned 

from an Experimental Test to a 

Permanent Classification 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On February 27, 2008, the 

Postal ServiceTM, in accordance with 

the Postal Accountability and 

Enhancement Act, gave notice to the 

Postal Regulatory Commission, that the 

Governors of the Postal Service 

established Repositionable Notes (RPNs) 

as a permanent classification. The 3′′ by 

3′′ removable, paper notes are an 

optional feature for commercial FirstClass Mail, Periodicals, and Standard 

Mail. 

DATES: Effective Date: May 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Carol A. Lunkins at 202–268–7262. 

SUPPLEMENTARY INFORMATION: Over a 

three-year testing period, RPNs have 

proven compatible with postal 

automation letter and flat processing 

equipment. The removable notes can be 

mailed on postcards, envelopes, flats, 

catalogs, magazines, and newspapers to 

highlight important information or 

special offers. The notes are easily 

removed so that customers can keep the 

information handy. 

RPNs add to the value of mail as an 

advertising medium and contribute 

directly to net postal revenue. The use 

of RPNs has aided postal customers 

with increasing brand awareness and 

generated sales and repeat business for 

their organizations. 

The Postal Service adopts the 

following changes to the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual 

(DMM), which is incorporated by 

reference in the Code of Federal 

Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of the 

Mailing Standards of the United States 


yshivers on PROD1PC66 with RULES