1274 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 

Under this temporary deviation the 

Washington Street S136 Bridge across 

the Norwalk River, mile 0.0, at Norwalk, 

Connecticut, need open only one of the 

two moveable spans for bridge openings 

from January 2, 2008 through March 31, 

2008. Vessels requiring a full two-span 

bridge opening may do so provided that 

they give at least a twelve-hour advance 

notice to the bridge operator by calling 

(203) 866–7691. 

Should the bridge maintenance 

authorized by this temporary deviation 

be completed before the end of the 

effective period published in this notice, 

the Coast Guard will rescind the 

remainder of this temporary deviation, 

and the bridge shall be returned to its 

normal operating schedule. Notice of 

the above action shall be provided to the 

public in the Local Notice to Mariners 

and the Federal Register, where 

practicable. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 27, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–104 Filed 1–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2007–0186] 

Drawbridge Operation Regulations; 

Chelsea River, Chelsea and East 

Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Chelsea Street 

Bridge across the Chelsea River at mile 

1.2, between Chelsea and East Boston, 

Massachusetts. Under this temporary 

deviation, a two-hour advance notice 

shall be required between 3:30 p.m. and 

7 a.m., from January 2, 2008 through 

January 8, 2008. Vessels that can pass 

under the draw without a bridge 

opening may do so at all times. This 

deviation is necessary to facilitate 

scheduled bridge maintenance. 

DATES: This deviation is effective from 

3:30 p.m. on January 2, 2008 through 7 

a.m. on January 8, 2008. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, 408 

Atlantic Avenue, Boston, Massachusetts 

02110, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (617) 

223–8364. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The 

Chelsea Street Bridge, across the 

Chelsea River at mile 1.2, between 

Chelsea and East Boston, Massachusetts, 

has a vertical clearance in the closed 

position of 9 feet at mean high water 

and 19 feet at mean low water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 

§ 117.593. 

The owner of the bridge, the City of 

Boston, requested a temporary deviation 

to facilitate scheduled bridge 

maintenance, the installation of radio 

control system necessary to operate the 

bridge traffic signals and vehicular crash 

gates on the Chelsea side of the 

waterway. 

The Chelsea Street Bridge facilitates 

deep draft commercial vessel traffic 

transiting to several oil facilities located 

upstream from the bridge. The oil 

facilities and the shipping pilots were 

notified. No objections were received. 

Under this temporary deviation, the 

Chelsea Street Bridge shall open on 

signal after at least a two-hour advance 

notice is given by calling the bridge on 

VHF channel 13 or by telephone at 617–

635–7636, between 3:30 p.m. and 7 

a.m., from January 2, 2008 through 

January 8, 2008. Vessels that can pass 

under the bridge without a bridge 

opening may do so at all times. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: December 27, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–105 Filed 1–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2007–0191] 

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 

establishing two temporary safety zones 

500 meters 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 

January 8, 2008 until May 7, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2007–

0191 and are 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. 

You may also find this docket on the 

Internet at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, contact 

Chief Eldridge McFadden, Waterways 

Management Division, 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 


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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 1275 

hazard to vessels, especially fishing 

vessels, operating in the vicinity of the 

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 will be developed by 

separate rulemaking. These safety zones 

are needed 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. Any 

delay encountered in this regulation’s 

effective date would be impracticable 

and contrary to public interest since it 

would expose vessels currently 

operating in the area to the known, by 

otherwise uncharted submerged 

hazards. 

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 southsouthwest 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′39′′ N, Longitude 

070°35′28′′ W and STL Buoy B, Latitude 

42°23′55′′ N, Longitude 070°36′48′′ 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 LNGCs 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. 

Discussion of Rule 

The Coast Guard is 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 these safety 

zones. 

This rule is effective upon publishing 

in the Federal Register and for 120 days 

thereafter. 

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 will 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), 

the Coast Guard wants to assist small 

entities in understanding this rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. 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. 


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1276 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 

Taking of Private Property 

This rule will not affect 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 

will not concern 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 will 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 M16475.1D 

and 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 that there 

are no factors in this case that would 

limit the use of the 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, 

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 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; Pub. 

L. 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T01–0191 to 

read as follows: 

§ 165.T01–0191 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′39′′ N, 

70°35′28′′ W and 42°23′55′′ N, 

070°36′48′′ W. 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. 

Navigable Waters of the United States 

means all waters of the territorial sea as 

described in Presidential Proclamation 

No. 5928 of December 27, 1988, which 

declared that the territorial sea of the 

United States extends to 12 nautical 

miles from the baseline of the United 

States. 

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: December 26, 2007. 

Frederick G. Myer, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Boston, Massachusetts. 

[FR Doc. 08–35 Filed 1–4–08; 12:03 pm] 

BILLING CODE 4910–15–U 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0097] 

RIN 1625–AA87 

Security Zone; Tampa Bay, Port of 

Tampa, Rattlesnake, Big Bend, FL 

AGENCY: Coast Guard, DHS. 


rmajette on PROD1PC64 with RULES