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17 June 2008
[Federal Register: June 17, 2008 (Volume 73, Number 117)]
[Rules and Regulations]
[Page 34191-34195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn08-6]
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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.
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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 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 (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
[[Page 34192]]
(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.
[[Page 34193]]
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.
[[Page 34194]]
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 150 and 165 as follows:
PART 150--DEEPWATER PORTS: OPERATIONS
0
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).
0
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 is
located approximately 13 miles south-southeast 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[deg]24'1 070[deg]35'
7'' 16''
(ii) A rhumb line to:......................... 42[deg]24'3 070[deg]36'
5'' 46''
(iii) Then an arc with a 1250 meter radius 42[deg]23'5 070[deg]37'
centered at point............................ 6'' 00''
(iv) To a point............................... 42[deg]23'1 070[deg]37'
7'' 15''
(v) Then a rhumb line to...................... 42[deg]22'5 070[deg]35'
9'' 45''
(vi) Then an arc with a 1250 meter radius 42[deg]23'3 070[deg]35'
centered at point............................ 8'' 31''
(vii) To the point of starting................ 42[deg]24'1 070[deg]35'
7'' 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
0
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.
0
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.
0
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
[[Page 34195]]
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[deg]23[min]38[sec] N,
070[deg]35[min]31[sec] W; and 42[deg]23[min]56[sec] N,
070[deg]37[min]00[sec] 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 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 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