Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Rules and Regulations 34191 

Need for Correction 

On May 20, 2008, the Coast Guard 

published in the Federal Register an 

interim rule with request for comments 

to amend its regulations to implement 

the vessel security officer training and 

certification amendments to the 

International Convention on Standards 

of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended, and the Seafarers’ Training, 

Certification and Watchkeeping Code. In 

33 CFR 104.215(d)(1)(v)(B), a 

typographical error was made stating as 

an option that to qualify for a VSO 

endorsement, a person must ‘‘have 

approved sea service of not less than 90 

days on any vessel subject to section 

104.215 of this part * * *.’’ Instead, the 

option should have stated that a person 

must have not less than six months to 

qualify for a VSO endorsement, not 90 

days. In the preamble section of the 

Interim Rule section, the discussion of 

33 CFR 104.215 states that ‘‘The sea 

service requirements in § 104.215 will 

provide two options: (1.) 12 months; or 

(2.) 6 months with knowledge of ship 

operations.’’ The paragraph further 

discusses the requirements to qualify 

under the six-month option. This shows 

the intent of the Coast Guard to provide 

an option of sea service of not less than 

6 months in § 104.215(d)(v)(B). Since 

this error would be misleading and 

cause confusion, this document corrects 

the typographical error found in 

amendatory instruction 2. 

Correction of Publication 

■ In rule FR Doc. E8–11225 published 

on May 20, 2008, (73 FR 29060) make 

the following correction. 

§ 104.215 [Corrected] 

■ 1. On page 29070, in the second 

column, revise § 104.215(d)(1)(v)(B) by 

removing the words ‘‘90 days’’ and 

adding the words ‘‘6 months’’ in their 

place. 

Dated: June 9, 2008. 

David L. Nichols, 

Acting Chief, Regulations and Administrative 

Law, United States Coast Guard. 

[FR Doc. E8–13552 Filed 6–16–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 150 and 165 

[Docket No. USCG–2007–0087] 

RIN 1625, RIN 1625–AA00, 1625–AA11, and 

1625–AA87 

Regulated Navigation Areas, Safety 

Zones, Security Zones, and Deepwater 

Port Facilities; Navigable Waters of the 

Boston Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing regulated navigation areas 

around a recently constructed 

deepwater port facility in the waters of 

the Atlantic Ocean near the entrance to 

Boston Harbor as well as safety and 

security zones around liquefied natural 

gas carriers (LNGCs) calling on these 

deepwater port facilities. The purpose of 

these regulated navigation areas, as well 

as safety and security zones, is to 

protect vessels and mariners from the 

potential safety hazards associated with 

deepwater port operations and to 

protect the LNGCs and deepwater port 

infrastructure from security threats or 

other subversive acts. All vessels, with 

the exception of LNGCs and deepwater 

port support vessels, are prohibited 

from anchoring or otherwise deploying 

equipment which could become 

entangled in submerged infrastructure 

within 1000 meters of the submerged 

turret loading (STL) buoys associated 

with the deepwater port, and are 

prohibited from entering waters within 

500 meters of the deepwater port STL 

buoys or the LNGCs using them. 

Additionally, this rule makes minor 

amendments to the existing LNG 

security regulations for the Boston 

Captain of the Port (COTP) Zone to 

reflect multi-agency enforcement of 

those regulations. 

DATES: This rule is effective July 17, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2007–0087 and are 

available online at http:// 

www.regulations.gov. This material is 

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 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 rule, call 

LCDR Heather Morrison at 617–223–

3028. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On April 11, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Regulated Navigation Areas, 

Safety Zones, Security Zones, and 

Deepwater Port Facilities; Navigable 

Waters of the Boston Captain of the Port 

Zone’’ in the Federal Register (73 FR 

71). We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

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 can accommodate the 

mooring, connecting, and offloading of 

two liquefied natural gas carriers 

(LGNCs) at a time. The NDGDWP 

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 leading to a 

seabed pipeline that ties into the 

Algonquin Gas Transmission Pipeline 

for transfer to shore. 

In order to protect mariners from the 

hazards associated with submerged 

deepwater port infrastructure and to 

ensure safety and security at and around 

LNGCs engaged in regasification and 

transfer operations at deepwater ports, 

the Coast Guard is exercising its 

authority under the Ports and Waterway 

Safety Act (33 U.S.C. 1221, et seq.) to 

establish regulated navigation areas 


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34192 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Rules and Regulations 

(RNAs) around the primary components 

of NEGDWP. The RNAs will prohibit 

vessels from anchoring or otherwise 

deploying equipment that could become 

entangled in submerged infrastructure 

within 1000 meters of the STL buoys 

associated with NEGDWP facilities. 

Specifically, in addition to anchoring, 

vessels will be precluded from engaging 

in commercial fishing in the RNAs 

using nets, dredges or traps. 

Under the authority of the Port and 

Waterways Safety Act (33 U.S.C. 1226) 

and the Magnuson Act (50 U.S.C. 191), 

the Coast Guard is also placing safety 

and security zones within the 

corresponding RNAs that will prohibit 

vessels from entering all waters within 

a 500-meter radius of the same STL 

buoys. The Coast Guard considers the 

RNAs that are being established by this 

rule as meeting the requirement and 

intent of the Deepwater Port Act of 

1974, as amended, and as codified at 33 

U.S.C. 1509(d). Accordingly, in addition 

to amending 33 CFR part 165 (Regulated 

Navigation Areas and Limited Access 

Area), this rulemaking also amends a 

corresponding section in 33 CFR part 

150 (Deepwater Ports: Operations). The 

amendments to 33 CFR part 150 include 

amending that part to reflect ships’

routing measures—‘‘an area to be 

avoided’’ (ATBA) and two ‘‘no 

anchoring areas’’ (NAA)—that are being 

concurrently established in consultation 

with the International Maritime 

Organization. The ATBA and NAAs will 

be reflected on nautical charts of the 

affected area along with the regulated 

navigation areas described herein. 

This rule also promotes safety and 

security of LNG transfer operations by 

amending the existing regulations 

regarding LNGCs in the Boston Captain 

of the Port (COTP) Zone, to place safety 

and security zones around LNGCs while 

they are anchored, moored, or otherwise 

engaged in regasification and transfer 

procedures with deepwater ports within 

the navigable waters of the United 

States in the Boston COTP Zone. 

Regulations already exist which 

provide for safety and security zones 

around LNGCs while transiting, 

anchored, or moored in other portions 

of the Boston COTP Zone. These 

regulations can be found at 33 CFR 

165.110. The current regulations 

provide for safety and security zones for 

LNGCs transiting the Boston COTP 

Zone, anchored in the Broad Sound, or 

moored at the Distrigas LNG facility in 

Everett, Massachusetts. This rule 

amends those regulations to add safety 

and security zones around vessels 

calling at deepwater ports in the Boston 

COTP Zone and within the navigable 

waters of the United States, as defined 

in 33 CFR 2.3.6(a) (i.e., out to 12 

nautical miles from the territorial sea 

baseline). Without these changes, the 

security zone around a transiting LNGC 

would cease to exist once the vessel 

moored to NEGDWP. This rule 

eliminates that potential gap in security 

coverage. 

This rule also adds definitions to 

make the regulations more clear, while 

eliminating the definition of ‘‘navigable 

waters of the United States’’ currently 

found at 33 CFR 165.110(a) as that 

paragraph is duplicative of the standard 

definition found at 33 CFR 2.36(a). 

Finally, this rule amends the language 

describing who may enforce the safety 

and security zones surrounding LNGCs 

in the Boston COTP Zone to better 

reflect recently executed Memoranda of 

Agreement between the Coast Guard 

and the Commonwealth of 

Massachusetts, the City of Boston, and 

other local municipalities. Under the 

terms of these agreements, State and 

local law enforcement officers may 

enforce, on behalf of the Coast Guard, 

maritime safety and security zones 

implemented by the Coast Guard under 

the authority of the Magnuson Act and 

the Port and Waterways Safety Act 

when falling within their respective 

jurisdiction. Copies of these agreements 

are available in the public docket for 

this rule where indicated in the 

ADDRESSES section above. 

Discussion of Comments and Changes 

No comments or changes were 

suggested to the proposed rule. None 

have been made. 

Discussion of Rule 

The Coast Guard is establishing 

regulated navigation areas (RNAs) in 

which vessels may not anchor within 

1000 meters of the STL buoys for 

NEGDWP as described above. 

Additionally, safety and security zones 

within the RNAs are hereby established 

to prohibit vessels, other than LNGCs 

and support vessels as defined in 33 

CFR 148.5, from entering waters within 

500 meters of the aforementioned STL 

buoys. 

The Coast Guard is also establishing 

safety and security zones encompassing 

all waters within a 500-meter radius of 

vessels carrying LNG while they are 

anchored, moored, or attached to or 

otherwise engaged in regasification or 

transfer procedures with deepwater 

ports. 

Additionally, the Coast Guard is 

amending 33 CFR Part 150 to reflect one 

recommendatory ships’ routing 

measure—an ‘‘area to be avoided’’—and 

two mandatory ships’ routing 

measures—two ‘‘no anchoring areas’’—

that are being concurrently established 

with, but separate and apart from, this 

rulemaking in consultation with the 

International Maritime Organization. 

Finally, this rule alters the existing 

language of the regulations for LNGCs 

operating in the Boston COTP Zone to 

reflect the fact that federal, state, and 

local law enforcement personnel may 

enforce such zones within their 

respective jurisdictions on behalf of the 

COTP. 

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. 

The USCG and MARAD are 

responsible for processing license 

applications to own, construct, and 

operate deepwater ports. To meet the 

requirements of the National 

Environmental Policy Act of 1969 

(NEPQ), the Coast Guard, in cooperation 

with MARAD, prepared an 

Environmental Impact Statement (EIS) 

in conjunction with reviewing the 

NEGDWP licensing application. Among 

other things, the EIS assessed the 

potential economic impacts associated 

with the construction and operation of 

NEGDWP, including the no anchoring 

and limited access areas that would be 

implemented by this rule. That EIS is 

available in the public docket for the 

licensing application (USCG–2005–

22219) at http://www.regulations.gov. 

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. 


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This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or fish 

within 1000 meters of the STL Buoys for 

NEGDWP. The impact on small entities 

is expected to be minimal because 

vessels wishing to transit the Atlantic 

Ocean in the vicinity of the deepwater 

port may do so, provided they remain 

more than 500 meters from NEGDWP’s 

STL Buoys and any LNGC vessels 

calling on the deepwater port, and 

provided they refrain from anchoring or 

deploying nets, dredges, or traps within 

1000 meters of the STL Buoys. Vessels 

wishing to fish in the area may do so in 

nearby and adjoining areas when 

otherwise permitted by applicable 

fisheries regulations. 

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. 

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. No 

comments were received as a part of this 

rulemaking. 

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 

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 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. The 

reason it falls under this exception is 

that it is a regulation establishing a 

Regulated Navigation Area, security 

zone, and a safety zone. 

A final environmental analysis 

checklist and a final categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects 

33 CFR Part 150 

Harbors, Marine safety, Navigation 

(water), Occupational safety and health, 

Oil pollution, and Reporting and 

recordkeeping requirements. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 


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34194 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Rules and Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 150 and 165 as follows: 

PART 150—DEEPWATER PORTS: 

OPERATIONS 

■ 1. The authority citation for part 150 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321(j)(1)(C), 

(j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O. 

12777, sec. 2; E.O. 13286, sec. 34, 68 FR 

10619; Department of Homeland Security 

Delegation No. 0170.1(70), (73), (75), (80). 

■ 2. In § 150.940, add paragraph (c) to 

read as follows: 

§ 150.940 Safety zones for specific 

deepwater ports. 

* * * * * 

(c) Northeast Gateway Deepwater Port 

(NEGDWP). 

(1) Location. The safety zones for the 

NEGDWP consist of circular zones, each 

with a 500-meter radius and centered on 

each of the deepwater port’s two 

submerged turret loading (STL) buoys. 

STL Buoy ‘‘A’’ is centered at the 

following coordinates: 42°23′38′′ N, 

070°35′31′′ W. STL Buoy ‘‘B’’ is centered 

at the following coordinates: 42°23′56′′ 

N, 070°37′00′′ W. Each safety zone is 

located approximately 13 miles southsoutheast of the City of Gloucester, 

Massachusetts, in Federal waters. 

(2) No anchoring areas. Two 

mandatory no anchoring areas for 

NEGDWP are established for all waters 

within circles of 1,000-meter radii 

centered on the submerged turret 

loading buoy positions set forth in 

paragraph (c)(1) of this section. 

(3) Area to be avoided. An area to be 

avoided (ATBA) for NEGDWP is as 

described in Table 150.940(B): 

TABLE 150.940(B).—ATBA FOR NEGDWP 

Plotting guidance Latitude N Longitude 

W 

(i) Starting at .................................................................................................................................................................... 42°24′17′′ 070°35′16′′ 

(ii) A rhumb line to: .......................................................................................................................................................... 42°24′35′′ 070°36′46′′ 

(iii) Then an arc with a 1250 meter radius centered at point .......................................................................................... 42°23′56′′ 070°37′00′′ 

(iv) To a point .................................................................................................................................................................. 42°23′17′′ 070°37′15′′ 

(v) Then a rhumb line to .................................................................................................................................................. 42°22′59′′ 070°35′45′′ 

(vi) Then an arc with a 1250 meter radius centered at point ......................................................................................... 42°23′38′′ 070°35′31′′ 

(vii) To the point of starting ............................................................................................................................................. 42°24′17′′ 070°35′16′′ 

(4) Regulations. (i) In accordance with 

the general regulations set forth in 33 

CFR 165.23 and elsewhere in this part, 

no person or vessel may enter the waters 

within the boundaries of the safety 

zones described in paragraph (c)(1) of 

this section unless previously 

authorized by the Captain of the Port 

(COTP) Boston, or his/her authorized 

representative. 

(ii) Notwithstanding paragraph 

(c)(4)(i) of this section, tankers and 

support vessels, as defined in 33 CFR 

148.5, operating in the vicinity of 

NEGDWP are authorized to enter and 

move within such zones in the normal 

course of their operations following the 

requirements set forth in 33 CFR 

150.340 and 150.345, respectively. 

(iii) All other vessel operators desiring 

to enter or operate within the safety 

zones described in paragraph (c)(1) of 

this section must contact the COTP or 

the COTP’s authorized representative to 

obtain permission by calling the Sector 

Boston Command Center at 617–223–

5761. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the COTP’s 

authorized representative. 

(iv) No vessel, other than a support 

vessel or tanker calling on NEGDWP 

may anchor in the area described in 

paragraph (c)(2) of this section. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 3. 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 4. In § 165.110, revise paragraphs (a), 

(c)(2) and (c)(3); and add paragraph 

(b)(4) to read as follows: 

§ 165.110 Safety and Security Zone; 

Liquefied Natural Gas Carrier Transits and 

Anchorage Operations, Boston, 

Massachusetts. 

(a) 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 

(COTP) Boston. 

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. 

(b) * * * 

(4) Vessels calling on a deepwater 

port. All waters within a 500-meter 

radius of any LNGC engaged in 

regasification or transfer, or otherwise 

moored, anchored, or affixed to a 

deepwater port listed in 33 CFR 150.490 

and falling within the waters of the 

Boston COTP Zone, as defined in 33 

CFR 3.05–10. 

(c) * * * 

(2) No person or vessel may enter the 

waters within the boundaries of the 

safety and security zones described in 

paragraph (b) of this section unless 

previously authorized by the COTP 

Boston, or his/her authorized 

representative. However, LNGCs and 

support vessels, as defined in 33 CFR 

148.5, operating in the vicinity of 

NEGDWP are authorized to enter and 

move within such zones in the normal 

course of their operations following the 

requirements set forth in 33 CFR 

150.340 and 150.345, respectively. 

(3) All vessels operating within the 

safety and security zones described in 

paragraph (b) of this section must 

comply with the instructions of the 

COTP or his/her authorized 

representative. 

■ 5. Add § 165.117 to read as follows: 

§ 165.117 Regulated Navigation Areas, 

Safety and Security Zones: Deepwater 

Ports, First Coast Guard District. 

(a) Location. (1) Regulated navigation 

areas. All waters within a 1,000 meter 

radius of the geographical positions set 

forth in paragraph (a)(3) of this section 

are designated as regulated navigation 

areas. 

(2) Safety and security zones. All 

waters within a 500-meter radius of the 

geographic positions set forth in 


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paragraph (a)(3) of this section are 

designated as safety and security zones. 

(3) Coordinates. (i) The geographic 

coordinates forming the loci for the 

regulated navigation areas, safety and 

security zones for the Northeast 

Gateway Deepwater Port are: 42°23′38′′ 

N, 070°35′31′′ W; and 42°23′56′′ N, 

070°37′00′′ W (NAD 83). 

(ii) [Reserved] 

(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 

(COTP) Boston. 

Deepwater port means any facility or 

structure meeting the definition of 

deepwater port in 33 CFR 148.5. 

Dredge means fishing gear consisting 

of a mouth frame attached to a holding 

bag constructed of metal rings or mesh. 

Support vessel means any vessel 

meeting the definition of support vessel 

in 33 CFR 148.5. 

Trap means a portable, enclosed 

device with one or more gates or 

entrances and one or more lines 

attached to surface floats used for 

fishing. Also called a pot. 

(c) Applicability. This section applies 

to all vessels operating in the regulated 

navigation areas set forth in paragraph 

(a) of this section, except—

(1) Those vessels conducting cargo 

transfer operations with the deepwater 

ports whose coordinates are provided in 

paragraph (a)(3) of this section, 

(2) Support vessels operating in 

conjunction therewith, and 

(3) Coast Guard vessels or other law 

enforcement vessels operated by or 

under the direction of an authorized 

representative of the COTP Boston. 

(d) Regulations. (1) No vessel may 

anchor or engage in commercial fishing 

using nets, dredges, or traps (pots) in the 

regulated navigation areas set forth in 

paragraph (a)(1) of this section. 

(2) In accordance with the general 

regulations in §§ 165.23 and 165.33 of 

this part, entry into or movement within 

the safety and security zones designated 

in paragraph (a)(2) of this section is 

prohibited unless authorized by the 

COTP Boston, or his/her authorized 

representative. 

(3) Notwithstanding paragraph (d)(2) 

of this section, tankers and support 

vessels, as defined in 33 CFR 148.5, 

operating in the vicinity of NEGDWP are 

authorized to enter and move within 

such zones in the normal course of their 

operations following the requirements 

set forth in 33 CFR 150.340 and 150.345, 

respectively. 

(4) All vessels operating within the 

safety and security zones described in 

paragraph (a)(2) of this section must 

comply with the instructions of the 

COTP or his/her authorized 

representative. 

Dated: June 6, 2008. 

T.S. Sullivan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 08–1364 Filed 6–12–08; 4:01pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0044] 

RIN 1625–AA00 

Safety Zone; Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of final 

rule. 

SUMMARY: The Coast Guard will enforce 

the Milwaukee Harbor Safety Zone in 

Milwaukee Harbor during June 2008. 

This action is necessary to protect 

vessels and people from the hazards 

associated with fireworks displays. This 

safety zone will restrict vessel traffic 

from portions of the Captain of the Port 

Lake Michigan Zone. 

DATES: Effective between June 7, 2008 

and August 17, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Kimber Bannan, 

Prevention Department, Coast Guard 

Sector, Lake Michigan, Milwaukee, WI 

at (414) 747–7159. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce Safety Zones, 

Milwaukee Harbor, Milwaukee, WI, 33 

CFR 165.935 for the following events: 

(1) Pride Fest fireworks display on 

June 07, 2008 from 9 p.m. through 10 

p.m.; and 

(2) Polish Fest fireworks display on 

June 20–21, 2008 from 10 p.m. through 

11 p.m.; and 

(3) Summerfest fireworks display on 

June 26, 2008 from 10 p.m. through 11 

p.m.; and 

(4) Festa Italiana fireworks display on 

July 17–20, 2008 from 10 p.m. through 

11 p.m.; and 

(5) German Fest fireworks display on 

July 27, 2008 from 10 p.m. through 11 

p.m.; and 

(6) Arab World Fest fireworks display 

on August 9, 2008 from 10 p.m. through 

11 p.m.; and 

(7) Irish Fest fireworks display on 

August 17, 2008 from 10 p.m. through 

11 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his onscene representative to enter, move 

within or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or a designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.935 Safety Zone, 

Milwaukee Harbor, Milwaukee, WI (72 

FR 32522) 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 advance 

notification of these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. The 

Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Lake Michigan on channel 16, 

VHF–FM. 

Dated: May 22, 2008. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E8–13107 Filed 6–16–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0427] 

RIN 1625–AA00 

Safety Zone; New River, Jacksonville, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

establish a safety zone on the navigable 

waters of the New River near Camp 

Lejeune during a military exercise being 

conducted by the United States Marine 

Corps. 

DATES: This rule is effective from 6 a.m. 

through 4 p.m. on June 23, 2008 and 

from 6 a.m. through 4 p.m. on June 24, 

2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–


yshivers on PROD1PC62 with RULES