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11 April 2008
Existing and Proposed North American LNG Terminals: http://www.ferc.gov/industries/lng/indus-act/terminals/exist-prop-lng.pdf
Potential North American LNG Terminals: http://www.ferc.gov/industries/lng/indus-act/terminals/horizon-lng.pdf
[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Proposed Rules]
[Page 19780-19785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap08-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 150 and 165
[Docket No. USCG-2007-0087]
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish regulated navigation
areas around a recently constructed deepwater port facility in the
waters of the Atlantic Ocean near the entrance to Boston Harbor and to
establish safety and security zones around liquefied natural gas
carriers (LNGCs) calling on these deepwater port facilities. The
purpose of these regulated navigation areas 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, would be prohibited from anchoring or otherwise deploying
equipment that could become entangled in submerged infrastructure
within 1000 meters of the submerged turret loading (STL) buoys
associated with the deepwater port, and would be
[[Page 19781]]
prohibited from entering waters within 500 meters of the deepwater port
STL buoys or the LNGCs using them. Additionally, this proposed rule
would make 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: Comments and related material must reach the Coast Guard on or
before May 12, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0087 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) 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.
(3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LCDR Heather Morrison, Coast Guard Sector Boston, at 617-
223-3028, e-mail: Heather.L.Morrison@uscg.mil. 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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0087), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.
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 at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2007-0087) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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 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 south-southeast 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[deg]23'38'' N, Longitude
070[deg]35'31'' W and STL Buoy B, Latitude 42[deg]23'56'' N, Longitude
070[deg]37'00'' W. The NEGDWP can accommodate the mooring, connecting,
and offloading of two liquefied natural gas carriers (LNGCs) at one
time. The NEGDWP 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 proposes to exercise its
authority under the Ports and Waterway Safety Act (33 U.S.C. 1221, et
seq.) to establish regulated navigation areas (RNAs) around the primary
components of NEGDWP. The RNAs would 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
would 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 also
proposes to place safety and security zones within the corresponding
RNAs that would prohibit vessels from entering all waters within a 500-
meter radius of the same STL buoys. The Coast Guard considers the RNAs
that would be 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
[[Page 19782]]
Areas), this rulemaking would also amend a corresponding section in 33
CFR part 150 (Deepwater Ports: Operations). The proposed amendments to
33 CFR part 150 include amending that part to reflect a ship's routing
measure--an ``area to be avoided''--that is being concurrently
established in consultation with the International Maritime
Organization. The area to be avoided will be reflected on nautical
charts of the affected area along with the restricted navigation areas
that would be established by this proposed rulemaking.
This proposed rule would also promote 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 that 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 would amend 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 2.36(a) (i.e., out to 12 nautical miles from the
territorial sea baseline). The proposed rule would add definitions to
make the rule more clear. The proposed rule would eliminate 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). Without these proposed changes, the
security zone around a transiting LNGC would cease to exist once the
vessel moored to NEGDWP. This proposed rule would eliminate that
potential gap in security coverage.
Finally, this proposed rule would amend 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 jurisdictions. Copies of these agreements are
available in the public docket for this rule where indicated in the
ADDRESSES section, above.
Discussion of Proposed Rule
The Coast Guard would establish a regulated navigation area 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 RNA would be 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 also proposes to establish 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 intends to amend 33 CFR Part 150 to
reflect a recommendatory ship's routing measure--an ``area to be
avoided''--that is being concurrently established with, but separate
and apart from, this rulemaking in consultation with the International
Maritime Organization.
Finally, this proposed rule would alter 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 Evaluation
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
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 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 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.
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
[[Page 19783]]
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Heather Morrison, Coast
Guard Sector Boston, at 617-223-3028, e-mail:
Heather.L.Morrison@uscg.mil. 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 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 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 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 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.
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 rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (4321-4370f), and have made a
preliminary determination that this action is not likely to have a
significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. 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, and Waterways.
Words of Issuance and Proposed Regulatory Text
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. In Sec. 150.940, add paragraph (c) to read as follows:
Sec. 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[deg]23'38'' N,
070[deg]35'31'' W. STL Buoy ``B'' is centered at the following
coordinates: 42[deg]23'56'' N, 070[deg]37'00'' W. Each safety zone
encompasses, within the respective 500-meter circles, the primary
components of NEGDWP, including a submerged loading turret (buoy) and a
pipeline end manifold (STL/PLEM). Each safety zone is located
approximately 13 miles south-southeast of the City of Gloucester,
Massachusetts, in Federal waters.
(2) No anchoring area. Two mandatory no anchoring areas for NEGDWP
are established for all waters within circles of 1,000-meter radii
[[Page 19784]]
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) that is
approximately 2.8625 square nautical miles in size has been established
surrounding the safety zones and no anchoring areas described in
paragraphs (c)(1) and (2), of this section, and is bounded as follows:
Starting at point (i) 42[deg]24'17'' N, 070[deg]35'16'' W; then a
rhumb line to point (ii) 42[deg]24'35'' N, 070[deg]36'46'' W; then an
arc with a 1250 m radius centered at point (iii) 42[deg]23'56'' N,
070[deg]37'00'' W, to a point (iv) 42[deg]23'17'' N, 070[deg]37'15'' W;
then a rhumb line to point (v) 42[deg]22'59'' N, 070[deg]35'45'' W;
then an arc with a 1250 m radius centered at point (vi) 42[deg]23'38''
N, 070[deg]35'31'' W, to start.
(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--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, 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 Sec. 165.110, revise paragraphs (a), (c)(2), and (c)(3); and
add paragraph (b)(4) to read as follows:
Sec. 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 Sec. 165.117 to read as follows:
Sec. 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 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
Northeast Gateway Deepwater Port are: 42[deg]23'38'' N, 070[deg]35'31''
W; and 42[deg]23'56'' N, 070[deg]37'00'' W.
(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 Sec. Sec. 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
[[Page 19785]]
comply with the instructions of the COTP or his/her authorized
representative.
Dated: March 26, 2008.
T.V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-7676 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-15-P