80_FR_15760 80 FR 15703 - Safety Zone; Big Foot TLP, Walker Ridge 29, Outer Continental Shelf on the Gulf of Mexico

80 FR 15703 - Safety Zone; Big Foot TLP, Walker Ridge 29, Outer Continental Shelf on the Gulf of Mexico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15703-15705
FR Document2015-06482

The Coast Guard proposes a safety zone around the Big Foot Tension Leg Platform (TLP), Walker Ridge 29 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.

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15703-15705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06482]



[[Page 15703]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2014-0863]
RIN 1625-AA00


Safety Zone; Big Foot TLP, Walker Ridge 29, Outer Continental 
Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a safety zone around the Big Foot 
Tension Leg Platform (TLP), Walker Ridge 29 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: Comments and related material must be received by the Coast 
Guard on or before April 24, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0863 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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 F. Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
USCG United States Coast Guard

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0863] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand 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 comments 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 and may change the rule 
based on your comments.

2. 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, 
type the docket number (USCG-2014-0863) 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.

3. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting 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.

B. Basis and Purpose

    Under the authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and 
Department of Homeland Security Delegation No. 0170.1, 33 CFR part 147 
permits the establishment of safety zones for facilities located on the 
OCS for the purpose of protecting life, property and the marine 
environment. The protections included in a safety zone established 
under 33 CFR part 147 include promoting safety of life and property on 
the facilities as well as their appurtenances and attending vessels and 
also for the adjacent waters located in and around each facility. 
Therefore, a safety zone under 33 CFR part 147 may also include 
provisions to restrict, prevent, or control certain activities, 
including access by vessels or persons to maintain safety of life, 
property and the environment. Chevron North America requested that the 
Coast Guard establish a safety zone around its facility located in the 
deepwater area of the Gulf of Mexico on the OCS. Placing a safety zone 
around this facility will

[[Page 15704]]

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 safety zone proposed by this rulemaking is on the OCS in the 
deepwater area of the Gulf of Mexico in Walker Ridge 29 with a center 
point at N. 26[deg]55'58'', W. 90[deg]31'12''. 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.

C. Discussion of Proposed Rule

    Chevron North America requested that the Coast Guard establish a 
safety zone extending 500 meters from each point on the Big Foot TLP 
facility structure's outermost edge. The request for the safety zone 
was made due to safety concerns for both the personnel aboard the 
facility, including its appurtenances and attending vessels, and the 
environment. Chevron North America 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 the facility, (3) concerns for the 
environment, (4) the likeliness 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 proposed area, including those vessels 
providing services to or working with the facility, (6) the types of 
vessels navigating in the vicinity of the proposed area, both related 
and unrelated to facility operations, and (7) the structural 
configuration of the facility.
    Results from a thorough and comprehensive examination of the 
criteria, IMO guidelines, and existing regulations warrant the 
establishment of a safety zone of 500 meters around the facility. The 
proposed safety zone would restrict all vessels from entering into, 
transiting through, remaining in, or anchoring in the safety zone area. 
Vessels attending to, servicing, or working with the facility would be 
exempt from the restrictions in this proposed rule. This proposed 
safety measure reduces significantly the threat of allisions, 
collisions, oil spills, and releases of natural gas and increases the 
safety of life, property, and the environment in the Gulf of Mexico. 
Authorization to deviate from this proposed rule and transit through 
the safety zone may be requested from the Commander, Eighth Coast Guard 
District or a designated representative. Such deviation requests would 
be considered on a case-by-case basis.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 Big Foot TLP--on the Outer Continental Shelf--and its 
distance from both land and safety fairways. Additionally, the area 
covered by this proposed safety zone is limited in scope as it would 
encompass only the waters within 500 meters of the outer edges of the 
facility structure. This is the area where the facility operates and 
vessels servicing the facility transit and maneuver, presenting the 
area most vulnerable to risk of allision or collision. Vessels 
traversing waters near the proposed safety zone will be able to safely 
travel around the zone using alternate routes. Exceptions to this 
proposed rule include vessels measuring less than 100 feet in length 
overall and not engaged in towing. Deviation to transit through the 
proposed 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.

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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor within the area extending 500 meters 
from the outermost edges of the Big Foot TLP facility structure located 
in Walker Ridge 29 on the OCS.
    This safety zone will not have a significant economic impact or a 
substantial number of small entities for the following reasons: Vessel 
traffic can pass safely around the safety zone using alternate routes. 
Based on the limited scope of the safety zone, any delay resulting from 
using an alternate route is expected to be minimal depending on vessel 
traffic and speed in the area. Additionally, exceptions to this 
proposed rule include vessels measuring less than 100 feet in length 
overall and not engaged in towing. Deviation to transit through the 
proposed 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.
    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.

3. 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. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please submit a comment

[[Page 15705]]

(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

4. 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.).

5. 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 proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of a safety zone around an OCS facility to protect life, 
property and the marine environment. This proposed rule is categorical 
excluded from further review, under figure 2-1, paragraph (34)(g), of 
the Commandant Instruction. A preliminary environmental analysis 
checklist supporting this determination and the Categorical Exclusion 
Determination are 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 in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.  147.861 to read as follows:


Sec.  147.861  Big Foot Tension Leg Platform (TLP) Facility Safety 
Zone.

    (a) Description. The Big Foot TLP is in the deepwater area of the 
Gulf of Mexico at Walker Ridge 29. The facility is located at N. 
26[deg]55'58'', W. 90[deg]31'12'', 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 or a designated representative.

    Dated: February 11, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-06482 Filed 3-24-15; 8:45 am]
 BILLING CODE 4910-15-P



                                                                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules                                            15703

                                                    DEPARTMENT OF HOMELAND                                  Collins, Program Manager, Docket                      2. Viewing Comments and Documents
                                                    SECURITY                                                Operations, telephone (202) 366–9826.                    To view comments, as well as
                                                                                                            SUPPLEMENTARY INFORMATION:                            documents mentioned in this preamble
                                                    Coast Guard                                                                                                   as being available in the docket, go to
                                                                                                            Table of Acronyms
                                                                                                                                                                  http://www.regulations.gov, type the
                                                    33 CFR Part 147                                                                                               docket number (USCG–2014–0863) in
                                                                                                            DHS Department of Homeland Security
                                                    [Docket No. USCG–2014–0863]                             FR Federal Register                                   the ‘‘SEARCH’’ box and click
                                                                                                            NPRM Notice of Proposed Rulemaking                    ‘‘SEARCH.’’ Click on Open Docket
                                                    RIN 1625–AA00                                           OCS Outer Continental Shelf                           Folder on the line associated with this
                                                                                                            USCG United States Coast Guard                        rulemaking. You may also visit the
                                                    Safety Zone; Big Foot TLP, Walker                                                                             Docket Management Facility in Room
                                                    Ridge 29, Outer Continental Shelf on                    A. Public Participation and Request for               W12–140 on the ground floor of the
                                                    the Gulf of Mexico                                      Comments                                              Department of Transportation West
                                                    AGENCY:   Coast Guard, DHS.                               We encourage you to participate in                  Building, 1200 New Jersey Avenue SE.,
                                                                                                            this rulemaking by submitting                         Washington, DC 20590, between 9 a.m.
                                                    ACTION:   Notice of proposed rulemaking.
                                                                                                            comments and related materials. All                   and 5 p.m., Monday through Friday,
                                                    SUMMARY:    The Coast Guard proposes a                  comments received will be posted                      except Federal holidays.
                                                    safety zone around the Big Foot Tension                 without change to http://                             3. Privacy Act
                                                    Leg Platform (TLP), Walker Ridge 29 on                  www.regulations.gov and will include
                                                    the Outer Continental Shelf (OCS) in the                any personal information you have                        Anyone can search the electronic
                                                    Gulf of Mexico. The purpose of the                      provided.                                             form of comments received into any of
                                                                                                                                                                  our dockets by the name of the
                                                    safety zone is to protect the facility from
                                                                                                            1. Submitting Comments                                individual submitting the comment (or
                                                    all vessels operating outside the normal
                                                                                                               If you submit a comment, please                    signing the comment, if submitted on
                                                    shipping channels and fairways that are
                                                                                                            include the docket number for this                    behalf of an association, business, labor
                                                    not providing services to or working
                                                                                                            rulemaking, indicate the specific section             union, etc.). You may review a Privacy
                                                    with the facility. Placing a safety zone
                                                                                                            of this document to which each                        Act notice regarding our public dockets
                                                    around the facility will significantly
                                                                                                            comment applies, and provide a reason                 in the January 17, 2008 issue of the
                                                    reduce the threat of allisions, collisions,
                                                                                                            for each suggestion or recommendation.                Federal Register (73 FR 3316).
                                                    security breaches, oil spills, releases of
                                                    natural gas, and thereby protect the                    You may submit your comments and                      4. Public Meeting
                                                    safety of life, property, and the                       material online at http://                               We do not now plan to hold a public
                                                    environment.                                            www.regulations.gov, or by fax, mail, or              meeting. But you may submit a request
                                                                                                            hand delivery, but please use only one                for one by using one of the methods
                                                    DATES:  Comments and related material                   of these means. If you submit a
                                                    must be received by the Coast Guard on                                                                        specified under ADDRESSES. Please
                                                                                                            comment online, it will be considered                 explain why you believe a public
                                                    or before April 24, 2015.                               received by the Coast Guard when you
                                                    ADDRESSES: You may submit comments                                                                            meeting would be beneficial. If we
                                                                                                            successfully transmit the comment. If                 determine that one would aid this
                                                    identified by docket number USCG–                       you fax, hand deliver, or mail your
                                                    2014–0863 using any one of the                                                                                rulemaking, we will hold one at a time
                                                                                                            comment, it will be considered as                     and place announced by a later notice
                                                    following methods:                                      having been received by the Coast
                                                       (1) Federal eRulemaking Portal:                                                                            in the Federal Register.
                                                                                                            Guard when it is received at the Docket
                                                    http://www.regulations.gov.                             Management Facility. We recommend                     B. Basis and Purpose
                                                       (2) Fax: 202–493–2251.                               that you include your name and a                         Under the authority provided in 14
                                                       (3) Mail or Delivery: Docket                         mailing address, an email address, or a               U.S.C. 85, 43 U.S.C. 1333, and
                                                    Management Facility (M–30), U.S.                        telephone number in the body of your                  Department of Homeland Security
                                                    Department of Transportation, West                      document so that we can contact you if                Delegation No. 0170.1, 33 CFR part 147
                                                    Building Ground Floor, Room W12–140,                    we have questions regarding your                      permits the establishment of safety
                                                    1200 New Jersey Avenue SE.,                             submission.                                           zones for facilities located on the OCS
                                                    Washington, DC 20590–0001. Deliveries                      To submit your comment online, go to               for the purpose of protecting life,
                                                    accepted between 9 a.m. and 5 p.m.,                     http://www.regulations.gov, type the                  property and the marine environment.
                                                    Monday through Friday, except federal                   docket number [USCG–2014–0863] in                     The protections included in a safety
                                                    holidays. The telephone number is 202–                  the ‘‘SEARCH’’ box and click                          zone established under 33 CFR part 147
                                                    366–9329.                                               ‘‘SEARCH.’’ Click on ‘‘Submit a                       include promoting safety of life and
                                                       See the ‘‘Public Participation and                   Comment’’ on the line associated with                 property on the facilities as well as their
                                                    Request for Comments’’ portion of the                   this rulemaking.                                      appurtenances and attending vessels
                                                    SUPPLEMENTARY INFORMATION section                          If you submit your comments by mail                and also for the adjacent waters located
                                                    below for instructions on submitting                    or hand delivery, submit them in an                   in and around each facility. Therefore,
                                                    comments. To avoid duplication, please                  unbound format, no larger than 81⁄2 by                a safety zone under 33 CFR part 147
                                                    use only one of these four methods.                     11 inches, suitable for copying and                   may also include provisions to restrict,
                                                    FOR FURTHER INFORMATION CONTACT: If                     electronic filing. If you submit                      prevent, or control certain activities,
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    you have questions on this proposed                     comments by mail and would like to                    including access by vessels or persons
                                                    rule, call or email Mr. Rusty Wright,                   know that they reached the Facility,                  to maintain safety of life, property and
                                                    U.S. Coast Guard, District Eight                        please enclose a stamped, self-addressed              the environment. Chevron North
                                                    Waterways Management Branch;                            postcard or envelope. We will consider                America requested that the Coast Guard
                                                    telephone 504–671–2138,                                 all comments and material received                    establish a safety zone around its facility
                                                    rusty.h.wright@uscg.mil. If you have                    during the comment period and may                     located in the deepwater area of the Gulf
                                                    questions on viewing or submitting                      change the rule based on your                         of Mexico on the OCS. Placing a safety
                                                    material to the docket, call Cheryl F.                  comments.                                             zone around this facility will


                                               VerDate Sep<11>2014   20:23 Mar 24, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\25MRP1.SGM   25MRP1


                                                    15704                 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules

                                                    significantly reduce the threat of                      would restrict all vessels from entering              Coast Guard District or a designated
                                                    allisions, oil spills, and releases of                  into, transiting through, remaining in, or            representative.
                                                    natural gas, and thereby protect the                    anchoring in the safety zone area.
                                                                                                                                                                  2. Impact on Small Entities
                                                    safety of life, property, and the                       Vessels attending to, servicing, or
                                                    environment.                                            working with the facility would be                       The Regulatory Flexibility Act of 1980
                                                       The safety zone proposed by this                     exempt from the restrictions in this                  (RFA), 5 U.S.C. 601–612, as amended,
                                                    rulemaking is on the OCS in the                         proposed rule. This proposed safety                   requires federal agencies to consider the
                                                    deepwater area of the Gulf of Mexico in                 measure reduces significantly the threat              potential impact of regulations on small
                                                    Walker Ridge 29 with a center point at                  of allisions, collisions, oil spills, and             entities during rulemaking. The term
                                                    N. 26°55′58″, W. 90°31′12″. For the                     releases of natural gas and increases the             ‘‘small entities’’ comprises small
                                                    purpose of safety zones established                     safety of life, property, and the                     businesses, not-for-profit organizations
                                                    under 33 CFR part 147, the deepwater                    environment in the Gulf of Mexico.                    that are independently owned and
                                                    area is considered to be waters of 304.8                Authorization to deviate from this                    operated and are not dominant in their
                                                    meters (1,000 feet) or greater depth                    proposed rule and transit through the                 fields, and governmental jurisdictions
                                                    extending to the limits of the Exclusive                safety zone may be requested from the                 with populations of less than 50,000.
                                                    Economic Zone (EEZ) contiguous to the                   Commander, Eighth Coast Guard                         The Coast Guard certifies under 5 U.S.C.
                                                    territorial sea of the United States and                District or a designated representative.              605(b) that this proposed rule will not
                                                    extending to a distance up to 200                       Such deviation requests would be                      have a significant economic impact on
                                                    nautical miles from the baseline from                   considered on a case-by-case basis.                   a substantial number of small entities.
                                                    which the breadth of the sea is                                                                                  This proposed rule would affect the
                                                    measured. Navigation in the vicinity of                 D. Regulatory Analyses                                following entities, some of which might
                                                    the safety zone consists of large                                                                             be small entities: The owners or
                                                                                                              We developed this proposed rule after
                                                    commercial shipping vessels, fishing                                                                          operators of vessels intending to transit
                                                                                                            considering numerous statutes and
                                                    vessels, cruise ships, tugs with tows and                                                                     or anchor within the area extending 500
                                                                                                            executive orders related to rulemaking.
                                                    the occasional recreational vessel. The                                                                       meters from the outermost edges of the
                                                                                                            Below we summarize our analyses
                                                    deepwater area also includes an                                                                               Big Foot TLP facility structure located
                                                                                                            based on a number of these statutes or
                                                    extensive system of fairways.                                                                                 in Walker Ridge 29 on the OCS.
                                                                                                            executive orders.                                        This safety zone will not have a
                                                    C. Discussion of Proposed Rule                          1. Regulatory Planning and Review                     significant economic impact or a
                                                       Chevron North America requested                                                                            substantial number of small entities for
                                                    that the Coast Guard establish a safety                    This proposed rule is not a significant            the following reasons: Vessel traffic can
                                                    zone extending 500 meters from each                     regulatory action under section 3(f) of               pass safely around the safety zone using
                                                    point on the Big Foot TLP facility                      Executive Order 12866, Regulatory                     alternate routes. Based on the limited
                                                    structure’s outermost edge. The request                 Planning and Review, as supplemented                  scope of the safety zone, any delay
                                                    for the safety zone was made due to                     by Executive Order 13563, Improving                   resulting from using an alternate route
                                                    safety concerns for both the personnel                  Regulation and Regulatory Review, and                 is expected to be minimal depending on
                                                    aboard the facility, including its                      does not require an assessment of                     vessel traffic and speed in the area.
                                                    appurtenances and attending vessels,                    potential costs and benefits under                    Additionally, exceptions to this
                                                    and the environment. Chevron North                      section 6(a)(3) of Executive Order 12866              proposed rule include vessels
                                                    America indicated that it is highly likely              or under section 1 of Executive Order                 measuring less than 100 feet in length
                                                    that any allision with the facility would               13563. The Office of Management and                   overall and not engaged in towing.
                                                    result in a catastrophic event. In                      Budget has not reviewed it under those                Deviation to transit through the
                                                    evaluating this request, the Coast Guard                Orders.                                               proposed safety zone may be requested.
                                                    explored relevant safety factors and                       This rule is not a significant                     Such requests will be considered on a
                                                    considered several criteria, including                  regulatory action due to the location of              case-by-case basis and may be
                                                    but not limited to, (1) the level of                    the Big Foot TLP—on the Outer                         authorized by the Commander, Eighth
                                                    shipping activity around the facility, (2)              Continental Shelf—and its distance                    Coast Guard District or a designated
                                                    safety concerns for personnel aboard the                from both land and safety fairways.                   representative.
                                                    facility, (3) concerns for the                          Additionally, the area covered by this                   If you think that your business,
                                                    environment, (4) the likeliness that an                 proposed safety zone is limited in scope              organization, or governmental
                                                    allision would result in a catastrophic                 as it would encompass only the waters                 jurisdiction qualifies as a small entity
                                                    event based on proximity to shipping                    within 500 meters of the outer edges of               and that this rule would have a
                                                    fairways, offloading operations,                        the facility structure. This is the area              significant economic impact on it,
                                                    production levels, and size of the crew,                where the facility operates and vessels               please submit a comment (see
                                                    (5) the volume of traffic in the vicinity               servicing the facility transit and                    ADDRESSES) explaining why you think it
                                                    of the proposed area, including those                   maneuver, presenting the area most                    qualifies and how and to what degree
                                                    vessels providing services to or working                vulnerable to risk of allision or                     this rule would economically affect it.
                                                    with the facility, (6) the types of vessels             collision. Vessels traversing waters near
                                                    navigating in the vicinity of the                       the proposed safety zone will be able to              3. Assistance for Small Entities
                                                    proposed area, both related and                         safely travel around the zone using                      Under section 213(a) of the Small
                                                    unrelated to facility operations, and (7)               alternate routes. Exceptions to this                  Business Regulatory Enforcement
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                                                    the structural configuration of the                     proposed rule include vessels                         Fairness Act of 1996 (Pub. L. 104–121),
                                                    facility.                                               measuring less than 100 feet in length                we want to assist small entities in
                                                       Results from a thorough and                          overall and not engaged in towing.                    understanding this proposed rule. If the
                                                    comprehensive examination of the                        Deviation to transit through the                      rule would affect your small business,
                                                    criteria, IMO guidelines, and existing                  proposed safety zone may be requested.                organization, or governmental
                                                    regulations warrant the establishment of                Such requests will be considered on a                 jurisdiction and you have questions
                                                    a safety zone of 500 meters around the                  case-by-case basis and may be                         concerning its provisions or options for
                                                    facility. The proposed safety zone                      authorized by the Commander, Eighth                   compliance, please submit a comment


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                                                                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules                                                 15705

                                                    (see ADDRESSES) explaining why you                      eliminate ambiguity, and reduce                       discovery of a significant environmental
                                                    think it qualifies and how and to what                  burden.                                               impact from this proposed rule.
                                                    degree this rule would economically
                                                                                                            10. Protection of Children From                       List of Subjects in 33 CFR Part 147
                                                    affect it.
                                                                                                            Environmental Health Risks                              Continental shelf, Marine safety,
                                                       The Coast Guard will not retaliate
                                                    against small entities that question or                    We have analyzed this proposed rule                Navigation (water).
                                                    complain about this proposed rule or                    under Executive Order 13045,                            For the reasons discussed in the
                                                    any policy or action of the Coast Guard.                Protection of Children from                           preamble, the Coast Guard proposes to
                                                                                                            Environmental Health Risks and Safety                 amend 33 CFR part 147 as follows:
                                                    4. Collection of Information                            Risks. This rule is not an economically
                                                      This proposed rule would call for no                  significant rule and would not create an              PART 147—SAFETY ZONES
                                                    new collection of information under the                 environmental risk to health or risk to
                                                    Paperwork Reduction Act of 1995 (44                     safety that might disproportionately                  ■ 1. The authority citation for part 147
                                                    U.S.C. 3501–3520.).                                     affect children.                                      continues to read as follows:
                                                    5. Federalism                                           11. Indian Tribal Governments                           Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
                                                                                                                                                                  Department of Homeland Security Delegation
                                                       A rule has implications for federalism                  This proposed rule does not have                   No. 0170.1.
                                                    under Executive Order 13132,                            tribal implications under Executive                   ■   2. Add § 147.861 to read as follows:
                                                    Federalism, if it has a substantial direct              Order 13175, Consultation and
                                                    effect on the States, on the relationship               Coordination with Indian Tribal                       § 147.861 Big Foot Tension Leg Platform
                                                    between the national government and                     Governments, because it would not have                (TLP) Facility Safety Zone.
                                                    the States, or on the distribution of                   a substantial direct effect on one or                    (a) Description. The Big Foot TLP is
                                                    power and responsibilities among the                    more Indian tribes, on the relationship               in the deepwater area of the Gulf of
                                                    various levels of government. We have                   between the Federal Government and                    Mexico at Walker Ridge 29. The facility
                                                    analyzed this proposed rule under that                  Indian tribes, or on the distribution of              is located at N. 26°55′58″, W. 90°31′12″,
                                                    Order and have determined that it does                  power and responsibilities between the                and the area within 500 meters (1640.4
                                                    not have implications for federalism.                   Federal Government and Indian tribes.                 feet) from each point on the facility
                                                                                                                                                                  structure’s outer edge is a safety zone.
                                                    6. Protest Activities                                   12. Energy Effects
                                                                                                                                                                     (b) Regulation. No vessel may enter or
                                                      The Coast Guard respects the First                      We have analyzed this proposed rule                 remain in this safety zone except the
                                                    Amendment rights of protesters.                         under Executive Order 13211, Actions                  following:
                                                    Protesters are asked to contact the                     Concerning Regulations That                              (1) An attending vessel;
                                                    person listed in the ‘‘FOR FURTHER                      Significantly Affect Energy Supply,                      (2) A vessel under 100 feet in length
                                                    INFORMATION CONTACT’’ section to                        Distribution, or Use.                                 overall not engaged in towing; or
                                                    coordinate protest activities so that your              13. Technical Standards                                  (3) A vessel authorized by the
                                                    message can be received without                                                                               Commander, Eighth Coast Guard
                                                    jeopardizing the safety or security of                    This proposed rule does not use                     District or a designated representative.
                                                    people, places or vessels.                              technical standards. Therefore, we did
                                                                                                            not consider the use of voluntary                       Dated: February 11, 2015.
                                                    7. Unfunded Mandates Reform Act                         consensus standards.                                  Kevin S. Cook,
                                                       The Unfunded Mandates Reform Act                                                                           Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                            14. Environment                                       Eighth Coast Guard District.
                                                    of 1995 (2 U.S.C. 1531–1538) requires
                                                    Federal agencies to assess the effects of                 We have analyzed this proposed rule                 [FR Doc. 2015–06482 Filed 3–24–15; 8:45 am]
                                                    their discretionary regulatory actions. In              under Department of Homeland                          BILLING CODE 4910–15–P
                                                    particular, the Act addresses actions                   Security Management Directive 023–01
                                                    that may result in the expenditure by a                 and Commandant Instruction
                                                    State, local, or tribal government, in the              M16475.lD, which guide the Coast                      DEPARTMENT OF HOMELAND
                                                    aggregate, or by the private sector of                  Guard in complying with the National                  SECURITY
                                                    $100,000,000 (adjusted for inflation) or                Environmental Policy Act of 1969
                                                                                                            (NEPA) 42 U.S.C. 4321–4370f), and have                Coast Guard
                                                    more in any one year. Though this
                                                    proposed rule would not result in such                  made a preliminary determination that
                                                                                                            this action is one of a category of actions           33 CFR Part 165
                                                    an expenditure, we do discuss the
                                                    effects of this rule elsewhere in this                  which do not individually or                          [Docket Number USCG–2014–1069]
                                                    preamble.                                               cumulatively have a significant effect on
                                                                                                            the human environment. This proposed                  RIN 1625–AA00
                                                    8. Taking of Private Property                           rule involves the establishment of a
                                                                                                                                                                  Safety Zones Within the Captain of the
                                                      This proposed rule would not cause a                  safety zone around an OCS facility to
                                                                                                                                                                  Port New Orleans Zone
                                                    taking of private property or otherwise                 protect life, property and the marine
                                                    have taking implications under                          environment. This proposed rule is                    AGENCY:   Coast Guard, DHS.
                                                    Executive Order 12630, Governmental                     categorical excluded from further                     ACTION:   Notice of Proposed Rulemaking.
                                                                                                            review, under figure 2–1, paragraph
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                                                    Actions and Interference with
                                                    Constitutionally Protected Property                     (34)(g), of the Commandant Instruction.               SUMMARY:   The Coast Guard proposes
                                                    Rights.                                                 A preliminary environmental analysis                  temporary safety zones for multiple
                                                                                                            checklist supporting this determination               locations and dates within the Captain
                                                    9. Civil Justice Reform                                 and the Categorical Exclusion                         of the Port New Orleans’ zone. These
                                                      This proposed rule meets applicable                   Determination are available in the                    safety zones are necessary to protect
                                                    standards in sections 3(a) and 3(b)(2) of               docket where indicated under                          persons and vessels from potential
                                                    Executive Order 12988, Civil Justice                    ADDRESSES. We seek any comments or                    safety hazards associated with fireworks
                                                    Reform, to minimize litigation,                         information that may lead to the                      displays on or over federal waterways.


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Document Created: 2018-02-21 09:49:31
Document Modified: 2018-02-21 09:49:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 24, 2015.
ContactIf you have questions on this proposed 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 F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 15703 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

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