80_FR_44140 80 FR 43998 - Safety Zone; Titan SPAR, Mississippi Canyon 941, Outer Continental Shelf on the Gulf of Mexico

80 FR 43998 - Safety Zone; Titan SPAR, Mississippi Canyon 941, Outer Continental Shelf on the Gulf of Mexico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range43998-44000
FR Document2015-18202

The Coast Guard proposes 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.

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Proposed Rules]
[Pages 43998-44000]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18202]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes 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: Comments and related material must be received by the Coast 
Guard on or before August 24, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0320 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
SPAR A large diameter, vertical cylinder supporting a deck
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-2015-0320] 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-2015-0320) 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

[[Page 43999]]

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

    The authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and 
Department of Homeland Security Delegation No. 0170.1, Title 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. Bennu Oil and Gas 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 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.
    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

    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. The request for the safety 
zone was made due to safety concerns for both the personnel aboard the 
facility and the environment. Bennu Oil and Gas 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 probability 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, 
(6) the types of vessels navigating in the vicinity of the proposed 
area, 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 (1640.4 feet) around the 
facility. The proposed safety zone would reduce significantly the 
threat of allisions, oil spills, and releases of natural gas and 
increase the safety of life, property, and the environment in the Gulf 
of Mexico by prohibiting entry into the zone unless specifically 
authorized by the Commander, Eighth Coast Guard District or a 
designated representative.

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 Titan SPAR--on the Outer Continental Shelf--and its 
distance from both land and safety fairways. 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 
(1640.4 feet) from the outermost edges of the Titan SPAR located in 
Mississippi Canyon 941 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. 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

[[Page 44000]]

compliance, please submit a comment (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; 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: June 7, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-18202 Filed 7-23-15; 8:45 am]
BILLING CODE 9110-04-P



                                                      43998                      Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules

                                                      issued by such auditors/certification                    outside the normal shipping channels                  1. Submitting Comments
                                                      bodies, would remain in effect.                          and fairways that are not providing                      If you submit a comment, please
                                                         (3) If payment is not received within                 services to or working with the facility.             include the docket number for this
                                                      90 days of the payment due date, FDA                     Placing a safety zone around the facility             rulemaking, indicate the specific section
                                                      will revoke the accreditation body’s                     will significantly reduce the threat of               of this document to which each
                                                      recognition under § 1.634(a)(4)(iii), and                allisions, collisions, security breaches,             comment applies, and provide a reason
                                                      provide notice of such revocation in                     oil spills, releases of natural gas, and              for each suggestion or recommendation.
                                                      accordance with § 1.634.                                 thereby protect the safety of life,                   You may submit your comments and
                                                         (c) An accredited auditor/certification               property, and the environment.                        material online at http://
                                                      body that fails to submit its annual fee                                                                       www.regulations.gov, or by fax, mail, or
                                                                                                               DATES: Comments and related material
                                                      within 30 days of the due date will have                                                                       hand delivery, but please use only one
                                                                                                               must be received by the Coast Guard on
                                                      its accreditation suspended.                                                                                   of these means. If you submit a
                                                                                                               or before August 24, 2015.
                                                         (1) FDA will notify the auditor/                                                                            comment online, it will be considered
                                                      certification body that its accreditation                ADDRESSES:  You may submit comments                   received by the Coast Guard when you
                                                      is suspended, electronically and in                      identified by docket number USCG–                     successfully transmit the comment. If
                                                      English. FDA will notify a recognized                    2015–0320 using any one of the                        you fax, hand deliver, or mail your
                                                      accreditation body, electronically and in                following methods:                                    comment, it will be considered as
                                                      English, if the accreditation of one if its                (1) Federal eRulemaking Portal:                     having been received by the Coast
                                                      auditors/certification bodies is                         http://www.regulations.gov.                           Guard when it is received at the Docket
                                                      suspended. FDA will notify the public                                                                          Management Facility. We recommend
                                                                                                                 (2) Fax: 202–493–2251.
                                                      of the suspension on the Web site                                                                              that you include your name and a
                                                      described in § 1.690.                                      (3) Mail or Delivery: Docket
                                                                                                               Management Facility (M–30), U.S.                      mailing address, an email address, or a
                                                         (2) While an auditor/certification                                                                          telephone number in the body of your
                                                      body’s accreditation is suspended, the                   Department of Transportation, West
                                                                                                               Building Ground Floor, Room W12–140,                  document so that we can contact you if
                                                      auditor/certification body will not be                                                                         we have questions regarding your
                                                      able to issue food or facility                           1200 New Jersey Avenue SE.,
                                                                                                               Washington, DC 20590–0001. Deliveries                 submission.
                                                      certifications. A food or facility                                                                                To submit your comment online, go to
                                                      certification issued by an auditor/                      accepted between 9 a.m. and 5 p.m.,
                                                                                                               Monday through Friday, except federal                 http://www.regulations.gov, type the
                                                      certification body prior to the                                                                                docket number [USCG–2015–0320] in
                                                      suspension of the auditor/certification                  holidays. The telephone number is 202–
                                                                                                               366–9329. See the ‘‘Public Participation              the ‘‘SEARCH’’ box and click
                                                      body accreditation will remain in effect.                                                                      ‘‘SEARCH.’’ Click on ‘‘Submit a
                                                         (3) If payment is not received within                 and Request for Comments’’ portion of
                                                                                                               the SUPPLEMENTARY INFORMATION section                 Comment’’ on the line associated with
                                                      90 days of the payment due date, FDA                                                                           this rulemaking.
                                                      will withdraw the auditor/certification                  below for instructions on submitting
                                                                                                               comments. To avoid duplication, please                   If you submit your comments by mail
                                                      body’s accreditation under § 1.664(a)(4),                                                                      or hand delivery, submit them in an
                                                      and provide notice of such withdrawal                    use only one of these four methods.
                                                                                                                                                                     unbound format, no larger than 81⁄2 by
                                                      in accordance with § 1.664.                              FOR FURTHER INFORMATION CONTACT:     If               11 inches, suitable for copying and
                                                        Dated: July 20, 2015.                                  you have questions on this proposed                   electronic filing. If you submit
                                                      Leslie Kux,                                              rule, call or email Mr. Rusty Wright,                 comments by mail and would like to
                                                      Associate Commissioner for Policy.                       U.S. Coast Guard, District Eight                      know that they reached the Facility,
                                                      [FR Doc. 2015–18141 Filed 7–23–15; 8:45 am]              Waterways Management Branch;                          please enclose a stamped, self-addressed
                                                      BILLING CODE 4164–01–P
                                                                                                               telephone 504–671–2138,                               postcard or envelope. We will consider
                                                                                                               rusty.h.wright@uscg.mil. If you have                  all comments and material received
                                                                                                               questions on viewing or submitting                    during the comment period and may
                                                                                                               material to the docket, call Cheryl F.                change the rule based on your
                                                      DEPARTMENT OF HOMELAND                                   Collins, Program Manager, Docket                      comments.
                                                      SECURITY                                                 Operations, telephone (202) 366–9826.
                                                                                                                                                                     2. Viewing Comments and Documents
                                                      Coast Guard                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                                        To view comments, as well as
                                                                                                               Table of Acronyms                                     documents mentioned in this preamble
                                                      33 CFR Part 147
                                                                                                               DHS Department of Homeland Security                   as being available in the docket, go to
                                                      [Docket No. USCG–2015–0320]                              FR Federal Register                                   http://www.regulations.gov, type the
                                                                                                               NPRM Notice of Proposed Rulemaking                    docket number (USCG–2015–0320) in
                                                      RIN 1625–AA00
                                                                                                               OCS Outer Continental Shelf                           the ‘‘SEARCH’’ box and click
                                                      Safety Zone; Titan SPAR, Mississippi                     SPAR A large diameter, vertical cylinder              ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                 supporting a deck                                   Folder on the line associated with this
                                                      Canyon 941, Outer Continental Shelf                      USCG United States Coast Guard
                                                      on the Gulf of Mexico                                                                                          rulemaking. You may also visit the
                                                                                                               A. Public Participation and Request for               Docket Management Facility in Room
                                                      AGENCY: Coast Guard, DHS.                                                                                      W12–140 on the ground floor of the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                               Comments
                                                      ACTION: Notice of proposed rulemaking.                                                                         Department of Transportation West
                                                                                                                 We encourage you to participate in                  Building, 1200 New Jersey Avenue SE.,
                                                      SUMMARY:    The Coast Guard proposes a                   this rulemaking by submitting                         Washington, DC 20590, between 9 a.m.
                                                      safety zone around the Titan SPAR                        comments and related materials. All                   and 5 p.m., Monday through Friday,
                                                      system, located in Mississippi Canyon                    comments received will be posted                      except Federal holidays.
                                                      Block 941 on the Outer Continental                       without change to http://
                                                      Shelf (OCS) in the Gulf of Mexico. The                   www.regulations.gov and will include                  3. Privacy Act
                                                      purpose of the safety zone is to protect                 any personal information you have                       Anyone can search the electronic
                                                      the facility from all vessels operating                  provided.                                             form of comments received into any of


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                                                                                 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules                                         43999

                                                      our dockets by the name of the                           facility would result in a catastrophic               Deviation to transit through the
                                                      individual submitting the comment (or                    event. In evaluating this request, the                proposed safety zone may be requested.
                                                      signing the comment, if submitted on                     Coast Guard explored relevant safety                  Such requests will be considered on a
                                                      behalf of an association, business, labor                factors and considered several criteria,              case-by-case basis and may be
                                                      union, etc.). You may review a Privacy                   including but not limited to, (1) the                 authorized by the Commander, Eighth
                                                      Act notice regarding our public dockets                  level of shipping activity around the                 Coast Guard District or a designated
                                                      in the January 17, 2008 issue of the                     facility, (2) safety concerns for                     representative.
                                                      Federal Register (73 FR 3316).                           personnel aboard the facility, (3)
                                                                                                                                                                     2. Impact on Small Entities
                                                                                                               concerns for the environment, (4) the
                                                      4. Public Meeting                                                                                                 The Regulatory Flexibility Act of 1980
                                                                                                               probability that an allision would result
                                                         We do not now plan to hold a public                   in a catastrophic event based on                      (RFA), 5 U.S.C. 601–612, as amended,
                                                      meeting. But you may submit a request                    proximity to shipping fairways,                       requires federal agencies to consider the
                                                      for one by using one of the methods                      offloading operations, production levels,             potential impact of regulations on small
                                                      specified under ADDRESSES. Please                        and size of the crew, (5) the volume of               entities during rulemaking. The term
                                                      explain why you believe a public                         traffic in the vicinity of the proposed               ‘‘small entities’’ comprises small
                                                      meeting would be beneficial. If we                       area, (6) the types of vessels navigating             businesses, not-for-profit organizations
                                                      determine that one would aid this                        in the vicinity of the proposed area, and             that are independently owned and
                                                      rulemaking, we will hold one at a time                   (7) the structural configuration of the               operated and are not dominant in their
                                                      and place announced by a later notice                    facility.                                             fields, and governmental jurisdictions
                                                      in the Federal Register.                                    Results from a thorough and                        with populations of less than 50,000.
                                                                                                               comprehensive examination of the                      The Coast Guard certifies under 5 U.S.C.
                                                      B. Basis and Purpose
                                                                                                               criteria, IMO guidelines, and existing                605(b) that this proposed rule will not
                                                         The authority provided in 14 U.S.C.                   regulations warrant the establishment of              have a significant economic impact on
                                                      85, 43 U.S.C. 1333, and Department of                    a safety zone of 500 meters (1640.4 feet)             a substantial number of small entities.
                                                      Homeland Security Delegation No.                         around the facility. The proposed safety                 This proposed rule would affect the
                                                      0170.1, Title 33 CFR part 147 permits                    zone would reduce significantly the                   following entities, some of which might
                                                      the establishment of safety zones for                    threat of allisions, oil spills, and                  be small entities: The owners or
                                                      facilities located on the OCS for the                    releases of natural gas and increase the              operators of vessels intending to transit
                                                      purpose of protecting life, property and                 safety of life, property, and the                     or anchor within the area extending 500
                                                      the marine environment. Bennu Oil and                    environment in the Gulf of Mexico by                  meters (1640.4 feet) from the outermost
                                                      Gas requested that the Coast Guard                       prohibiting entry into the zone unless                edges of the Titan SPAR located in
                                                      establish a safety zone around its facility              specifically authorized by the                        Mississippi Canyon 941 on the OCS.
                                                      located in the deepwater area of the Gulf                Commander, Eighth Coast Guard                            This safety zone will not have a
                                                      of Mexico on the OCS. Placing a safety                   District or a designated representative.              significant economic impact or a
                                                      zone around the facility will                                                                                  substantial number of small entities for
                                                      significantly reduce the threat of                       D. Regulatory Analyses                                the following reasons: Vessel traffic can
                                                      allisions, oil spills, and releases of                     We developed this proposed rule after               pass safely around the safety zone using
                                                      natural gas, and thereby protect the                     considering numerous statutes and                     alternate routes. Based on the limited
                                                      safety of life, property, and the                        executive orders related to rulemaking.               scope of the safety zone, any delay
                                                      environment.                                             Below we summarize our analyses                       resulting from using an alternate route
                                                         For the purpose of safety zones                       based on a number of these statutes or                is expected to be minimal depending on
                                                      established under 33 CFR part 147, the                   executive orders.                                     vessel traffic and speed in the area.
                                                      deepwater area is considered to be                                                                             Deviation to transit through the
                                                      waters of 304.8 meters (1,000 feet) or                   1. Regulatory Planning and Review
                                                                                                                                                                     proposed safety zone may be requested.
                                                      greater depth extending to the limits of                    This proposed rule is not a significant            Such requests will be considered on a
                                                      the Exclusive Economic Zone (EEZ)                        regulatory action under section 3(f) of               case-by-case basis and may be
                                                      contiguous to the territorial sea of the                 Executive Order 12866, Regulatory                     authorized by the Commander, Eighth
                                                      United States and extending to a                         Planning and Review, as supplemented                  Coast Guard District or a designated
                                                      distance up to 200 nautical miles from                   by Executive Order 13563, Improving                   representative.
                                                      the baseline from which the breadth of                   Regulation and Regulatory Review, and                    If you think that your business,
                                                      the sea is measured. Navigation in the                   does not require an assessment of                     organization, or governmental
                                                      vicinity of the safety zone consists of                  potential costs and benefits under                    jurisdiction qualifies as a small entity
                                                      large commercial shipping vessels,                       section 6(a)(3) of Executive Order 12866              and that this rule would have a
                                                      fishing vessels, cruise ships, tugs with                 or under section 1 of Executive Order                 significant economic impact on it,
                                                      tows, and the occasional recreational                    13563. The Office of Management and                   please submit a comment (see
                                                      vessel. The deepwater area also includes                 Budget has not reviewed it under those                ADDRESSES) explaining why you think it
                                                      an extensive system of fairways.                         Orders.                                               qualifies and how and to what degree
                                                                                                                  This rule is not a significant                     this rule would economically affect it.
                                                      C. Discussion of Proposed Rule                           regulatory action due to the location of
                                                         Bennu Oil and Gas requested that the                  the Titan SPAR—on the Outer                           3. Assistance for Small Entities
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                                                      Coast Guard establish a safety zone                      Continental Shelf—and its distance                       Under section 213(a) of the Small
                                                      extending 500 meters (1640.4 feet) from                  from both land and safety fairways.                   Business Regulatory Enforcement
                                                      each point on the Titan SPAR facility                    Vessels traversing waters near the                    Fairness Act of 1996 (Pub. L. 104–121),
                                                      structure’s outermost edge. The request                  proposed safety zone will be able to                  we want to assist small entities in
                                                      for the safety zone was made due to                      safely travel around the zone using                   understanding this proposed rule. If the
                                                      safety concerns for both the personnel                   alternate routes. Exceptions to this                  rule would affect your small business,
                                                      aboard the facility and the environment.                 proposed rule include vessels                         organization, or governmental
                                                      Bennu Oil and Gas indicated that it is                   measuring less than 100 feet in length                jurisdiction and you have questions
                                                      highly likely that any allision with the                 overall and not engaged in towing.                    concerning its provisions or options for


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                                                      44000                      Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules

                                                      compliance, please submit a comment                      Reform, to minimize litigation,                       information that may lead to the
                                                      (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;
                                                                                                                                                                     and Department of Homeland Security
                                                         A rule has implications for federalism                   This proposed rule does not have                   Delegation No. 0170.1.
                                                      under Executive Order 13132,                             tribal implications under Executive
                                                                                                                                                                     ■   2. Add § 147.865 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                       § 147.865    Titan SPAR Facility Safety Zone.
                                                      between the national government and                      Governments, because it would not have                  (a) Description. The Titan SPAR
                                                      the States, or on the distribution of                    a substantial direct effect on one or                 system is in the deepwater area of the
                                                      power and responsibilities among the                     more Indian tribes, on the relationship               Gulf of Mexico at Mississippi Canyon
                                                      various levels of government. We have                    between the Federal Government and                    941. The facility is located at 28°02′02″
                                                      analyzed this proposed rule under that                   Indian tribes, or on the distribution of              N. 89°06′04″ W. and the area within 500
                                                      Order and have determined that it does                   power and responsibilities between the                meters (1640.4 feet) from each point on
                                                      not have implications for federalism.                    Federal Government and Indian tribes.                 the facility structure’s outer edge is a
                                                      6. Protest Activities                                    12. Energy Effects                                    safety zone.
                                                                                                                                                                       (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
                                                                                                               technical standards. Therefore, we did                District.
                                                      people, places or vessels.
                                                                                                               not consider the use of voluntary                       Dated: June 7, 2015.
                                                      7. Unfunded Mandates Reform Act                          consensus standards.                                  David R. Callahan,
                                                         The Unfunded Mandates Reform Act                      14. Environment                                       Rear Admiral, U.S. Coast Guard, Commander,
                                                      of 1995 (2 U.S.C. 1531–1538) requires                                                                          Eighth Coast Guard District.
                                                      Federal agencies to assess the effects of                  We have analyzed this proposed rule                 [FR Doc. 2015–18202 Filed 7–23–15; 8:45 am]
                                                      their discretionary regulatory actions. In               under Department of Homeland                          BILLING CODE 9110–04–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
                                                                                                                                                                     ENVIRONMENTAL PROTECTION
                                                      aggregate, or by the private sector of                   Guard in complying with the National
                                                                                                                                                                     AGENCY
                                                      $100,000,000 (adjusted for inflation) or                 Environmental Policy Act of 1969
                                                      more in any one year. Though this                        (NEPA) 42 U.S.C. 4321–4370f), and have                40 CFR Part 52
                                                      proposed rule would not result in such                   made a preliminary determination that
                                                                                                               this action is one of a category of actions           [EPA–R06–OAR–2015–0172; FRL–9931–08–
                                                      an expenditure, we do discuss the                                                                              Region 6]
                                                      effects of this rule elsewhere in this                   which do not individually or
                                                      preamble.                                                cumulatively have a significant effect on
                                                                                                                                                                     Approval and Promulgation of Air
                                                                                                               the human environment. This proposed
                                                      8. Taking of Private Property                                                                                  Quality Implementation Plans; New
                                                                                                               rule involves the establishment of a
                                                                                                                                                                     Mexico; Electronic Reporting
                                                        This proposed rule would not cause a                   safety zone around an OCS facility to
                                                                                                                                                                     Consistent With the Cross Media
                                                      taking of private property or otherwise                  protect life, property and the marine
                                                                                                                                                                     Electronic Reporting Rule
                                                      have taking implications under                           environment. This proposed rule is
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Executive Order 12630, Governmental                      categorical excluded from further                     AGENCY:  Environmental Protection
                                                      Actions and Interference with                            review, under figure 2–1, paragraph                   Agency (EPA).
                                                      Constitutionally Protected Property                      (34)(g), of the Commandant Instruction.               ACTION: Proposed rule.
                                                      Rights.                                                  A preliminary environmental analysis
                                                                                                               checklist supporting this determination               SUMMARY:  The Environmental Protection
                                                      9. Civil Justice Reform                                  and the Categorical Exclusion                         Agency (EPA) is proposing to approve a
                                                        This proposed rule meets applicable                    Determination are available in the                    State Implementation Plan (SIP)
                                                      standards in sections 3(a) and 3(b)(2) of                docket where indicated under                          revision submitted by the State of New
                                                      Executive Order 12988, Civil Justice                     ADDRESSES. We seek any comments or                    Mexico. The revision pertains primarily


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Document Created: 2018-02-23 09:25:11
Document Modified: 2018-02-23 09:25:11
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 August 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 43998 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

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