[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Proposed Rules]
[Pages 16370-16374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7161]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 150 and 165
[Docket No. USCG-2009-0589]
RIN 1625-AA00, RIN 1625-AA11
Regulated Navigation Areas, Safety Zones, Security Zones;
Deepwater Ports in Boston Captain of the Port Zone, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish new regulated navigation
areas (RNAs) and safety and security zones for deepwater liquefied
natural gas (LNG) ports in the Boston Captain of the Port (COTP) Zone,
off the coast of Gloucester, Massachusetts. The proposed RNAs and
safety and security zones are in waters around the Neptune Deepwater
Port Facility (Neptune). They would protect vessels and mariners from
the potential safety hazards associated with deepwater port operations,
and protect liquefied natural gas carriers (LNGCs) and deepwater port
infrastructure from security threats or other subversive acts, by
prohibiting certain operations and imposing conditions on others.
DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0589 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LCDR Pamela Garcia, Coast Guard; telephone 617-
223-3028; e-mail [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0589), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can
[[Page 16371]]
contact you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USC-2009-0589'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USC-2009-0589'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On March 23, 2007, the Maritime Administration (MARAD), in
accordance with the Deepwater Port Act of 1974 (DPA), as amended, 33
U.S.C. 1501 et seq., issued a license to Suez Energy to own, construct,
and operate a natural gas deepwater port. This port, Neptune Deepwater
Port (Neptune), is located in the Atlantic Ocean, approximately eight
nautical miles south-southeast of Gloucester, Massachusetts, in Federal
waters. The coordinates for its two submerged turret loading 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. Neptune can accommodate the mooring, connecting,
and offloading of two liquefied natural gas carriers at one time.
Neptune's 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.
Among other powers, Coast Guard District Commanders may establish,
in 33 CFR Part 165:
Regulated navigation areas--Defined water areas determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety;
Safety zones--Water or shore areas to which access may be
limited for safety or environmental purposes; and
Security zones--Land or water areas subject to regulation
to safeguard vessels, harbors, ports, or waterfront facilities from
destruction, loss, or injury from sabotage or similar subversive acts.
33 U.S.C. 1226, 1231; 50 U.S.C. 191; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1, 165.10, 165.11, 165.20, 165.30.
Current regulations establishing RNAs, safety zones, and security zones
for deepwater ports in the Boston COTP Zone appear at 33 CFR 165.110
and 165.117.
In the case of deepwater ports handling oil or natural gas, RNAs
and safety or security zones established by the District Commander may
also affect 33 CFR 150.940, which describes safety zones for specific
deepwater ports. Insofar as deepwater port safety zones involve
anchorage, they are established under the additional authority of the
DPA, 33 U.S.C. 1509(a). If a deepwater port safety zone also provides
for ``no anchoring areas'' (NAAs) or ``areas to be avoided'' (ATBAs),
the District Commander must coordinate its establishment in accordance
with 33 CFR 150.915, because NAAs and ATBAs require International
Maritime Organization (IMO) approval. Current regulations establishing
safety zones for the Boston COTP Zone appear at 33 CFR 150.940(c).
Discussion of Proposed Rule
The Coast Guard proposes establishing RNAs around Neptune's STL
buoys, to protect mariners from the hazards associated with submerged
deepwater port infrastructure and to ensure safety at and around LNGCs
engaged in regasification and transfer operations at Neptune. The RNAs
would prohibit vessels from anchoring or otherwise deploying equipment
that could become entangled in submerged infrastructure within 1,000
meters of Neptune's STL buoys. The RNAs would also prohibit vessels
from commercial fishing or other activities on or below the waterway
using nets, dredges, traps, or remotely operated vehicles (ROVs).
Diving in the RNAs would be prohibited without the permission of the
COTP, and this prohibition would be extended to existing RNAs for the
Northeast Gateway Deepwater Port (NEGDWP).
The Coast Guard also proposes placing safety and security zones
within the corresponding RNAs. These would prohibit any person or
vessel, other than an LNGC or support vessel (as defined in 33 CFR
148.5), from coming within 500 meters of Neptune's STL buoys. Because
these safety zones affect anchorage at a deepwater port, the Coast
Guard also proposes adding Neptune's safety zones to 33 CFR 150.940.
The proposed amendment to that section would also provide details of
IMO-approved NAAs and an ATBA affecting Neptune, which would be
reflected on nautical charts. An IMO subcommittee gave preliminary
approval to Neptune's NAAs and ATBA in July 2009, and we will not issue
a final rule recognizing those NAAs and the ATBA until the IMO gives
them final approval.
Finally, the Coast Guard proposes two amendments to 33 CFR
150.940(c)(4)(iii), which relates to safety zones for the Northeast
Gateway Deepwater Port. These amendments would align the regulations
for NEGDWP with those proposed for Neptune. The first would prohibit
diving in NEGDWP's safety zones, without the permission of the COTP.
The second would allow vessels to contact the COTP on VHF-FM Channel 16
(156.8 MHZ) as well as by telephone.
[[Page 16372]]
Regulatory Analyses
We developed this proposed 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 proposed 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
(NEPA), the Coast Guard, in cooperation with MARAD, prepared an
Environmental Impact Statement (EIS) in conjunction with reviewing the
Neptune licensing application. Among other things, the EIS assessed the
potential economic impacts associated with the construction and
operation of Neptune and determined this rule is not a significant
regulatory action, including the no anchoring and limited access areas
that would be implemented by this proposed rule. That EIS is available
in the public docket for the licensing application (USCG-2005-22611) at
http://www.regulations.gov.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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 vessels intending to
transit, fish, or conduct other operations within 1,000 meters of the
STL buoys for Neptune. 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 Neptune'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 1,000 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, and
vessels wishing to conduct diving operations may do so with the
permission of the COTP.
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), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Pamela Garcia at 617-223-
3028, e-mail: [email protected]. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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.
[[Page 16373]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the creation of new RNAs and safety and security zones,
which falls within the categorical exclusion provisions of Paragraph
34(g) of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Amend Sec. 150.940 by revising paragraph (c)(4)(iii) and adding
paragraph (d) to read as follows:
Sec. 150.940 Safety zones for specific deepwater ports.
* * * * *
(c) * * *
(4) * * *
(iii) All other vessel operators desiring to enter, operate or
conduct diving operations within a safety zone described in paragraph
(c)(1) of this section must contact the COTP or the COTP's authorized
representative to obtain permission by contacting the Sector Boston
Command Center at 617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ).
Vessel operators given permission to enter, operate, or conduct diving
operations in a safety zone must comply with all directions given to
them by the COTP or the COTP's authorized representative.
* * * * *
(d) Neptune Deepwater Port (Neptune)
(1) Location. The safety zones for Neptune consist of circular
zones, each with a 500-meter radius and centered on each of Neptune's
two submerged turret loading (STL) buoys. STL Buoy ``A'' is centered at
the following coordinates: 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. Each safety zone encompasses, within the
respective 500-meter circles, the primary components of Neptune,
including a submerged turret loading buoy and a pipeline end manifold.
Each safety zone is located approximately eight nautical miles south-
southeast of Gloucester, Massachusetts, in Federal waters.
(2) No anchoring areas. Two mandatory no anchoring areas for
Neptune are established for all waters within circles of 1,000-meter
radii centered on the submerged turret loading buoy positions set forth
in paragraph (d)(1) of this section.
(3) Area to be avoided. An area to be avoided (ATBA) for Neptune is
as described in Table 150.940(C):
Table 150.940(C)--ATBA for Neptune
------------------------------------------------------------------------
Plotting guidance Latitude N Longitude W
------------------------------------------------------------------------
(i) Starting at................. 42[deg]27'29'' 070[deg]35'07''
(ii) A rhumb line to............ 42[deg]29'21'' 070[deg]35'36''
(iii) Then an arc with a 1,250 42[deg]29'12'' 070[deg]36'30''
meter radius centered at point.
(iv) To a point................. 42[deg]29'06'' 070[deg]37'24''
(v) Then a rhumb line to........ 42[deg]27'13'' 070[deg]36'54''
(vi) Then an arc with a 1,250 42[deg]27'20'' 070[deg]36'07''
meter radius centered at point.
(vii) To the point of starting.. 42[deg]27'29'' 070[deg]35'07''
------------------------------------------------------------------------
(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 (d)(1) of this section unless previously
authorized by the Captain of the Port (COTP) Boston, or the COTP's
authorized representative.
(ii) Notwithstanding paragraph (d)(4)(i) of this section, liquefied
natural gas carriers (LNGCs) and support vessels, as defined in 33 CFR
148.5, calling on Neptune, 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, operate or
conduct diving operations within a safety zone described in paragraph
(d)(1) of this section must contact the COTP or the COTP's authorized
representative to
[[Page 16374]]
obtain permission by contacting the Sector Boston Command Center at
617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). Vessel operators
given permission to enter or operate in a safety zone must comply with
all directions given to them by the COTP or the COTP's authorized
representative.
(iv) No vessel, other than an LNGC or support vessel calling on
Neptune, may anchor in the area described in paragraph (d)(2) of this
section.
PART 165--WATERWAYS SAFETY; 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(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
3. Amend Sec. 165.117 by adding paragraph (a)(3)(ii) and revising
paragraph (d)(1) to read as follows:
Sec. 165.117 Regulated Navigation Areas, Safety, and Security Zones:
Deepwater Ports, First Coast Guard District.
(a) * * *
(3) * * *
(ii) The geographic coordinates forming the loci for the regulated
navigation areas, safety, and security zones for Neptune Deepwater Port
are: 42[deg]29'12.3'' N, 070[deg]36'29.7'' W; and 42[deg]27'20.5'' N,
070[deg]36'07.3'' W.
* * * * *
(d) * * *
(1) No vessel may anchor, engage in diving operations, or
commercial fishing using nets, dredges, traps (pots), or remotely
operated vehicles in the regulated navigation areas set forth in
paragraph (a)(1) of this section.
* * * * *
Dated: March 14, 2010.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-7161 Filed 3-31-10; 8:45 am]
BILLING CODE 9110-04-P