
[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]                         

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
