[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71942-71944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29448]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2015-0320]
RIN 1625-AA00
Safety Zone; Titan SPAR, Mississippi Canyon 941, Outer
Continental Shelf on the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around the Titan
SPAR system, located in Mississippi Canyon Block 941 on the Outer
Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the
safety zone is to protect the facility from all vessels operating
outside the normal shipping channels and fairways that are not
providing services to or working with the facility. Placing a safety
zone around the facility will significantly reduce the threat of
allisions, collisions, security breaches, oil spills, releases of
natural gas, and thereby protect the safety of life, property, and the
environment.
DATES: This rule is effective December 18, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0320 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
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].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
SPAR A large diameter, vertical cylinder supporting a deck
USCG United States Coast Guard
II. Background Information and Regulatory History
Bennu Oil and Gas requested that the Coast Guard establish a safety
zone extending 500 meters (1640.4 feet) from each point on the Titan
SPAR facility structure's outermost edge located in the deepwater area
of the Gulf of Mexico on the OCS. The purpose of the safety zone is to
protect the facility from all vessels operating outside the normal
shipping channels and fairways that are not providing services to or
working with the facility. Therefore, on July 24, 2015 we published a
NPRM with a request for comments entitled, ``Safety Zones: Titan SPAR,
Mississippi Canyon 941, Outer Continental Shelf on the Gulf of Mexico''
in the Federal Register (80 FR 43998). We received no comments on the
NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
85, 43 U.S.C. 1333, Department of Homeland Security Delegation No.
0170.1, and Title 33, CFR part 147, which collectively permit the
establishment of safety zones for facilities located on the OCS for the
purpose of protecting life, property and the marine environment. The
Coast Guard has determined that a
[[Page 71943]]
safety zone is necessary to protect the facility from all vessels
operating outside the normal shipping channels and fairways that are
not providing services to or working with the facility. The purpose of
the rule is to significantly reduce the threat of allisions, oil
spills, and releases of natural gas, and thereby protect the safety of
life, property, and the environment.
For the purpose of safety zones established under 33 CFR part 147,
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) contiguous to the territorial sea of the United
States and extending to a distance up to 200 nautical miles from the
baseline from which the breadth of the sea is measured. Navigation in
the vicinity 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.
IV. Discussion of Comments, Changes and the Final Rule
As noted above, we received no comments on our NPRM published July
24, 2015. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone extending 500 meters (1640.4
feet) from each point on the Titan SPAR facility structure's outermost
edge. No vessel, except those attending the facility, or those less
than 100 feet in length and not engaged in towing will be permitted to
enter the safety zone without obtaining permission from Commander,
Eighth Coast Guard District or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This rule is not a significant regulatory action due to the
location of the Titan SPAR--on the Outer Continental Shelf--and its
distance from both land and safety fairways. Vessel traffic can pass
safely around the safety zone using alternate routes. Exceptions to
this rule include vessels measuring less than 100 feet in length
overall and not engaged in towing. Deviation to transit through the
safety zone may be requested. Such requests will be considered on a
case-by-case basis and may be authorized by the Commander, Eighth Coast
Guard District or a designated representative.
B. 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 received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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
[[Page 71944]]
(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone
around an OCS Facility to protect life, property and the marine
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. The
environmental analysis checklist supporting this determination and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 147.865 to read as follows:
Sec. 147.865 Titan SPAR Facility Safety Zone.
(a) Description. The Titan SPAR system is in the deepwater area of
the Gulf of Mexico at Mississippi Canyon 941. The facility is located
at 28[deg]02'02'' N. 89[deg]06'04'' W. and the area within 500 meters
(1640.4 feet) from each point on the facility structure's outer edge 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.
Dated: October 27, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-29448 Filed 11-17-15; 8:45 am]
BILLING CODE 9110-04-P