[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Rules and Regulations]
[Pages 6817-6819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02441]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2013-0070]
RIN 1625-AA00
Safety Zone; Olympus Tension Leg Platform
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around the
Olympus Tension Leg Platform, Mississippi Canyon Block 807 on the OCS.
The purpose of the safety zone is to promote the safety of life and
property on the facilities, their appurtenances and attending vessels,
and on the adjacent waters within the safety zone. Placing a safety
zone around the facility will significantly reduce the threat of
allisions, oil spills, and releases of natural gas, and thereby protect
the safety of life, property, and the environment.
DATES: This rule is effective March 7, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0070]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight
Waterways Management Branch; telephone 504-671-2138,
[email protected]. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
USCG United States Coast Guard
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
A. Regulatory History and Information
On July 18, 2013, the Coast Guard published an NPRM entitled,
``Safety Zone; Olympus Tension Leg Platform on the Outer Continental
Shelf Platform in the Gulf of Mexico'' in the Federal Register [78 FR
42902] and requested comments on the proposed rule. The Coast Guard
received no comments, no public meetings were requested and none were
held.
B. Basis and Purpose
Coast Guard regulations permit the establishment of safety zones
for facilities located on the OCS for the purpose of protecting life,
property and the marine environment (33 CFR 147.1). Placing a safety
zone around the facility will significantly reduce the threat of
allisions, oil spills, and releases of natural gas, and thereby protect
the safety of life, property, and the environment. The authority for
this rule is 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland
Security Delegation No. 0170.1.
Shell Exploration and Production Company requested that the Coast
Guard establish a safety zone around the Olympus Tension Leg Platform
facility. The request for the safety zone was made due to safety
concerns for vessels operating in the area and the environment. Shell
Exploration and Production Company indicated that it is highly likely
that any allision with the facility would result in a catastrophic
event. In evaluating this request, the Coast Guard explored relevant
safety factors and considered several criteria, including but not
limited to, (1) the level of shipping activity around the facility, (2)
safety concerns for personnel aboard vessels operating in the area and
onboard the facility, (3) concerns for the environment, (4) the
possibility that an allision would result in a catastrophic event based
on proximity to shipping fairways, offloading operations, production
levels, and size of the crew, (5) the volume of traffic in the vicinity
of the safety zone area, (6) the types of vessels navigating in the
vicinity of the safety zone area, and (7) the structural configuration
of the facility.
The safety zone established by this rulemaking is in the deepwater
area of the Gulf of Mexico, located at 28[deg]
[[Page 6818]]
9'35.59' N, 89[deg]14'20.86'' W in Mississippi Canyon Block 807. For
the purposes of this regulation, the deepwater area is considered to be
waters of 304.8 meters (1,000 feet) or greater depth extending to the
limits of the Exclusive Economic Zone (EEZ), which is contiguous to the
territorial sea of the United States, and extends up to 200 nautical
miles from the baseline from which the breadth of the territorial sea
is measured. Navigation in the area of the safety zone consists of
large commercial shipping vessels, fishing vessels, cruise ships, tugs
with tows and the occasional recreational vessel. The deepwater area
also includes an extensive system of fairways.
C. Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM and
there are no changes to the safety zone regulation as proposed by the
NPRM. One technical amendment is being made in this final rule to
correct the section number. The section number is changed from Sec.
147.848 to Sec. 147.849 to be consistent with the numbering of OCS
safety zones in the Coast Guard's Eighth District.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action due to the location of the Olympus
Tension Leg Platform on the OCS and its distance from both land and
safety fairways. Vessels traversing waters near the safety zone will be
able to safely travel around the zone without incurring additional
costs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in Mississippi Canyon Block 807. This
safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will enforce a safety zone around a production platform that
is in an area of the Gulf of Mexico not typically frequented by vessel
traffic; (2) this rule will enforce a safety zone that is not in close
proximity to a safety fairway; and (3) vessel traffic can pass safely
around the safety zone without incurring additional costs.
3. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
4. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
5. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
6. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
7. 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.
8. 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.
9. 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.
10. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
11. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
12. Environment
We have analyzed this 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. Safety zones are established around OCS facilities being
constructed, maintained, or operated on the OCS to promote the safety
of life and property on the facilities, their appurtenances and
attending vessels, and on the adjacent waters within the safety zones.
A safety zone may extend to a maximum distance of 500 meters around the
OCS facility measured from
[[Page 6819]]
each point on its outer edge or from its construction site, but may not
interfere with the use of recognized sea lanes essential to navigation.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 147.849 to read as follows:
Sec. 147.849 Safety Zone; Olympus Tension Leg Platform.
(a) Description. The Olympus Tension Leg Platform is in the
deepwater area of the Gulf of Mexico in Mississippi Canyon Block 807B.
The facility is located at 28[deg] 9'35.59'' N, 89[deg]14'20.86'' W.
The area within 500 meters (1640.4 feet) from each point on the
structure's outer edge and the area within 500 meters (1640.4 feet) of
each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in
towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.
Dated: January 10, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-02441 Filed 2-4-14; 8:45 am]
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