80 FR 54718 - Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of Mexico
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 176 (September 11, 2015)
Coast Guard
Federal Register Volume 80, Issue 176 (September 11, 2015)
| Page Range | 54718-54721 | |
| FR Document | 2015-22579 |
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)] [Rules and Regulations] [Pages 54718-54721] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22579] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket No. USCG-2015-0512] RIN 1625-AA00 Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of Mexico AGENCY: Coast Guard, DHS. ACTION: Interim rule and request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard published in the Federal Register on July 29, 2005, a final rule establishing a safety zone around the Mad Dog Truss Spar. The coordinates for the location of the Mad Dog Truss Spar were published incorrectly as 27[deg]11'18'' N., 91[deg]05'12'' W. This interim rule corrects the coordinates to reflect the actual location of the Mad Dog Truss Spar as 27[deg]11'18.124'' N., 90[deg]16'7.363'' W., therefore correctly publishing the area covered by the safety zone around the Mad Dog Truss Spar system, located in Green Canyon Block 782 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. DATES: This interim rule is effective September 11, 2015. Comments and related material must be received by the Coast Guard on or before October 13, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0512 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 interim 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 CFR Code of Federal Regulations DHS Department of Homeland Security EEZ Exclusive Economic Zone FR Federal Register IMO International Maritime Organization 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. [[Page 54719]] To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0512] 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-2015-0512) 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. Regulatory History and Information The Coast Guard published in the Federal Register of July 29, 2005, a final rule establishing a safety zone around the Mad Dog Truss Spar facility located on the OCS, under 33 CFR 147.839 (see 70 FR 43768). However, that final rule published with the wrong latitude and longitude for the facility location. The July 29, 2005 final rule incorrectly published the location as 27[deg]11'18'' N., 91[deg]05'12'' W. Through this interim rule and request for comments, the Coast Guard is correcting the location as published in the Code of Federal Regulations. This interim rule establishes the safety zone around the corrected location and provides the opportunity for public comment but does so without prior notice pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not providing prior notice with respect to this rule. Delaying this correction to the location of the Mad Dog OCS safety zone would also delay necessary chart corrections. Additionally, it is impracticable and unnecessary to delay establishing and publishing the correct location to provide prior notice because the safety zone around the Mad Dog facility is known to those operating in the area and omitting the notice requirement will not result in a negative impact. Providing the opportunity to comment will allow for input on addressing such a correction while the correction is established but before it is made final. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. C. 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. 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. The purpose of this interim rule is to correct the coordinates, reflecting the actual location of the Mad Dog Truss Spar facility at 27[deg]11'18.124'' N., 90[deg]16'7.363'' W. By correcting the location, this interim rule also reflects the correct area covered by the safety zone in place around the Mad Dog Truss Spar. The purpose of the safety zone around the Mad Dog Truss Spar 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. Safety zones established around such facilities 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. 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. D. Discussion of Interim Rule On July 29, 2005, the Coast Guard established a safety zone under 33 CFR 147.839, around the Mad Dog Truss Spar facility through a final rule publishing an incorrect location for the facility as 27[deg]11'18'' N., 91[deg]05'12'' W. This interim rule corrects the coordinates in the CFR to reflect the actual location of 27[deg]11'18.124'' N., 90[deg]16'7.363'' W., while also requesting comments before being made final. The original OCS safety zone and this interim rule correcting the location are established to address safety concerns for both the personnel aboard the facility and the environment. It is highly likely that any allision with the facility would result in a catastrophic event. In evaluating the need for a safety zone, 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 area, (6) the types of vessels navigating in the vicinity of the area, and (7) the structural configuration of the facility. Results from a thorough and comprehensive examination of the criteria, International Maritime Organization (IMO) guidelines, and existing regulations warranted establishment of the original safety zone and support this correction establishing [[Page 54720]] the corrected location for the safety zone extending 500 meters (1640.4 feet) around the facility. This safety zone will 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. E. Regulatory Analyses We developed this interim 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 interim 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 Mad Dog Truss Spar--on the Outer Continental Shelf--and its distance from both land and safety fairways. Vessels traversing waters near the interim safety zone will be able to safely travel around the zone using alternate routes. Exceptions to this interim rule include vessels measuring less than 100 feet in length overall and not engaged in towing. Deviation to transit through the interim 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 interim rule will not have a significant economic impact on a substantial number of small entities. This interim 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 Mad Dog Truss Spar located in Green Canyon 782 on the OCS. This safety zone will not have a significant economic impact on 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 interim 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 interim 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 (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 interim rule or any policy or action of the Coast Guard. 4. Collection of Information This interim 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 interim 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 interim 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 interim 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 interim 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 interim 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 interim 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 [[Page 54721]] 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 interim rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This interim rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this interim 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 interim rule involves the establishment of a safety zone around an OCS facility to protect life, property and the marine environment. This interim 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 interim 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 amends 33 CFR part 147 as follows: PART 147--SAFETY ZONES 0 1. The authority citation for part 147 continues to read as follows: Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 147.865 to read as follows: Sec. 147.839 Mad Dog Truss Spar Platform safety zone. (a) Description. The Mad Dog Truss Spar system is in the deepwater area of the Gulf of Mexico at Green Canyon 782. The facility is located at 27[deg]11'18.124'' N., 90[deg]16'7.363'' 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: August 3, 2015. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015-22579 Filed 9-10-15; 8:45 am] BILLING CODE 9110-15-P
![54718 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
Paperwork Reduction Act substances, except that the substances accepted between 9 a.m. and 5 p.m.,
This action does not impose a new shall not include: Monday through Friday, except federal
collection of information requirement (i) Decocainized coca leaves or holidays. The telephone number is 202–
under the Paperwork Reduction Act, 44 extraction of coca leaves, which 366–9329.
U.S.C. 3501–3521. This action would extractions do not contain cocaine or See the ‘‘Public Participation and
not impose recordkeeping or reporting ecgonine; or Request for Comments’’ portion of the
requirements on State or local (ii) [123I]ioflupane. SUPPLEMENTARY INFORMATION section
governments, individuals, businesses, or * * * * * below for instructions on submitting
organizations. An agency may not comments. To avoid duplication, please
Dated: September 4, 2015.
conduct or sponsor, and a person is not use only one of these four methods.
Chuck Rosenberg,
required to respond to, a collection of FOR FURTHER INFORMATION CONTACT: If
Acting Administrator.
information unless it displays a you have questions on this interim rule,
[FR Doc. 2015–22919 Filed 9–10–15; 8:45 am]
currently valid OMB control number. call or email Mr. Rusty Wright, U.S.
BILLING CODE 4410–09–P Coast Guard, District Eight Waterways
Congressional Review Act Management Branch; telephone 504–
This rule is not a major rule as 671–2138, rusty.h.wright@uscg.mil. If
defined by section 804 of the Small DEPARTMENT OF HOMELAND you have questions on viewing or
Business Regulatory Enforcement SECURITY submitting material to the docket, call
Fairness Act of 1996 (Congressional Cheryl F. Collins, Program Manager,
Coast Guard Docket Operations, telephone (202)
Review Act (CRA)). This rule will not
result in: An annual effect on the 366–9826.
33 CFR Part 147
economy of $100,000,000 or more; a SUPPLEMENTARY INFORMATION:
major increase in costs or prices for [Docket No. USCG–2015–0512]
Table of Acronyms
consumers, individual industries, RIN 1625–AA00
Federal, State, or local government CFR Code of Federal Regulations
agencies, or geographic regions; or Safety Zone; Mad Dog Truss Spar, DHS Department of Homeland Security
significant adverse effects on EEZ Exclusive Economic Zone
Green Canyon 782, Outer Continental FR Federal Register
competition, employment, investment, Shelf on the Gulf of Mexico IMO International Maritime Organization
productivity, innovation, or on the OCS Outer Continental Shelf
ability of United States-based AGENCY:Coast Guard, DHS.
USCG United States Coast Guard
companies to compete with foreign- Interim rule and request for
ACTION:
based companies in domestic and comments. A. Public Participation and Request for
export markets. However, pursuant to Comments
the CRA, the DEA has submitted a copy SUMMARY: The Coast Guard published in
the Federal Register on July 29, 2005, a We encourage you to participate in
of this final rule to both Houses of this rulemaking by submitting
Congress and to the Comptroller final rule establishing a safety zone
around the Mad Dog Truss Spar. The comments and related materials. All
General. comments received will be posted
coordinates for the location of the Mad
List of Subjects in 21 CFR Part 1308 Dog Truss Spar were published without change to http://
incorrectly as 27°11′18″ N., 91°05′12″ www.regulations.gov and will include
Administrative practice and any personal information you have
procedure, Drug traffic control, W. This interim rule corrects the
coordinates to reflect the actual location provided.
Reporting and Recordkeeping
Requirements. of the Mad Dog Truss Spar as 1. Submitting Comments
For the reasons set out above, 21 CFR 27°11′18.124″ N., 90°16′7.363″ W., If you submit a comment, please
part 1308 is amended to read as follows: therefore correctly publishing the area include the docket number for this
covered by the safety zone around the rulemaking, indicate the specific section
PART 1308—SCHEDULES OF Mad Dog Truss Spar system, located in of this document to which each
CONTROLLED SUBSTANCES Green Canyon Block 782 on the Outer comment applies, and provide a reason
Continental Shelf (OCS) in the Gulf of for each suggestion or recommendation.
■ 1. The authority citation for 21 CFR Mexico. You may submit your comments and
part 1308 continues to read as follows: DATES: This interim rule is effective material online at http://
Authority: 21 U.S.C. 811, 812, 871(b), September 11, 2015. Comments and www.regulations.gov, or by fax, mail, or
unless otherwise noted. related material must be received by the hand delivery, but please use only one
Coast Guard on or before October 13, of these means. If you submit a
■ 2. In § 1308.12, revise paragraph (b)(4)
2015. comment online, it will be considered
to read as follows:
ADDRESSES: You may submit comments received by the Coast Guard when you
§ 1308.12 Schedule II. identified by docket number USCG– successfully transmit the comment. If
* * * * * 2015–0512 using any one of the you fax, hand deliver, or mail your
(b) * * * following methods: comment, it will be considered as
(4) Coca leaves (9040) and any salt, (1) Federal eRulemaking Portal: having been received by the Coast
compound, derivative or preparation of http://www.regulations.gov. Guard when it is received at the Docket
Management Facility. We recommend
rmajette on DSK7SPTVN1PROD with RULES
coca leaves (including cocaine (9041) (2) Fax: 202–493–2251.
and ecgonine (9180) and their salts, (3) Mail or Delivery: Docket that you include your name and a
isomers, derivatives and salts of isomers Management Facility (M–30), U.S. mailing address, an email address, or a
and derivatives), and any salt, Department of Transportation, West telephone number in the body of your
compound, derivative, or preparation Building Ground Floor, Room W12–140, document so that we can contact you if
thereof which is chemically equivalent 1200 New Jersey Avenue SE., we have questions regarding your
or identical with any of these Washington, DC 20590–0001. Deliveries submission.
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To submit your comment online, go to 70 FR 43768). However, that final rule providing services to or working with
http://www.regulations.gov, type the published with the wrong latitude and the facility. Safety zones established
docket number [USCG–2015–0512] in longitude for the facility location. The around such facilities significantly
the ‘‘SEARCH’’ box and click July 29, 2005 final rule incorrectly reduce the threat of allisions, collisions,
‘‘SEARCH.’’ Click on ‘‘Submit a published the location as 27°11′18″ N., security breaches, oil spills, releases of
Comment’’ on the line associated with 91°05′12″ W. Through this interim rule natural gas, and thereby protect the
this rulemaking. and request for comments, the Coast safety of life, property, and the
If you submit your comments by mail Guard is correcting the location as environment.
or hand delivery, submit them in an published in the Code of Federal For the purpose of safety zones
unbound format, no larger than 81⁄2 by Regulations. This interim rule established under 33 CFR part 147, the
11 inches, suitable for copying and establishes the safety zone around the deepwater area is considered to be
electronic filing. If you submit corrected location and provides the waters of 304.8 meters (1,000 feet) or
comments by mail and would like to opportunity for public comment but greater depth extending to the limits of
know that they reached the Facility, does so without prior notice pursuant to the Exclusive Economic Zone (EEZ)
please enclose a stamped, self-addressed authority under section 4(a) of the contiguous to the territorial sea of the
postcard or envelope. We will consider Administrative Procedure Act (APA) (5 United States and extending to a
all comments and material received U.S.C. 553(b)). This provision distance up to 200 nautical miles from
during the comment period and may authorizes an agency to issue a rule the baseline from which the breadth of
change the rule based on your without prior notice when the agency the sea is measured. Navigation in the
comments. for good cause finds that those vicinity of the safety zone consists of
procedures are ‘‘impracticable, large commercial shipping vessels,
2. Viewing Comments and Documents unnecessary, or contrary to the public fishing vessels, cruise ships, tugs with
To view comments, as well as interest.’’ Under 5 U.S.C. 553(b)(B), the tows and the occasional recreational
documents mentioned in this preamble Coast Guard finds that good cause exists vessel. The deepwater area also includes
as being available in the docket, go to for not providing prior notice with an extensive system of fairways.
http://www.regulations.gov, type the respect to this rule. Delaying this D. Discussion of Interim Rule
docket number (USCG–2015–0512) in correction to the location of the Mad
the ‘‘SEARCH’’ box and click Dog OCS safety zone would also delay On July 29, 2005, the Coast Guard
‘‘SEARCH.’’ Click on Open Docket necessary chart corrections. established a safety zone under 33 CFR
Folder on the line associated with this Additionally, it is impracticable and 147.839, around the Mad Dog Truss
rulemaking. You may also visit the unnecessary to delay establishing and Spar facility through a final rule
Docket Management Facility in Room publishing the correct location to publishing an incorrect location for the
W12–140 on the ground floor of the provide prior notice because the safety facility as 27°11′18″ N., 91°05′12″ W.
Department of Transportation West zone around the Mad Dog facility is This interim rule corrects the
Building, 1200 New Jersey Avenue SE., known to those operating in the area coordinates in the CFR to reflect the
Washington, DC 20590, between 9 a.m. and omitting the notice requirement actual location of 27°11′18.124″ N.,
and 5 p.m., Monday through Friday, will not result in a negative impact. 90°16′7.363″ W., while also requesting
except Federal holidays. Providing the opportunity to comment comments before being made final. The
will allow for input on addressing such original OCS safety zone and this
3. Privacy Act a correction while the correction is interim rule correcting the location are
Anyone can search the electronic established but before it is made final. established to address safety concerns
form of comments received into any of For the same reasons, under 5 U.S.C. for both the personnel aboard the
our dockets by the name of the 553(d)(3), the Coast Guard finds that facility and the environment. It is highly
individual submitting the comment (or good cause exists for making this rule likely that any allision with the facility
signing the comment, if submitted on effective less than 30 days after would result in a catastrophic event. In
behalf of an association, business, labor publication in the Federal Register. evaluating the need for a safety zone,
union, etc.). You may review a Privacy the Coast Guard explored relevant safety
C. Basis and Purpose factors and considered several criteria,
Act notice regarding our public dockets
in the January 17, 2008 issue of the Under the authority provided in 14 including but not limited to, (1) the
Federal Register (73 FR 3316). U.S.C. 85; 43 U.S.C. 1333; and level of shipping activity around the
Department of Homeland Security facility, (2) safety concerns for
4. Public Meeting Delegation No. 0170.1. Title 33, CFR personnel aboard the facility, (3)
We do not now plan to hold a public part 147 permits the establishment of concerns for the environment, (4) the
meeting. But you may submit a request safety zones for facilities located on the likeliness that an allision would result
for one by using one of the methods OCS for the purpose of protecting life, in a catastrophic event based on
specified under ADDRESSES. Please property and the marine environment. proximity to shipping fairways,
explain why you believe a public The purpose of this interim rule is to offloading operations, production levels,
meeting would be beneficial. If we correct the coordinates, reflecting the and size of the crew, (5) the volume of
determine that one would aid this actual location of the Mad Dog Truss traffic in the vicinity of the area, (6) the
rulemaking, we will hold one at a time Spar facility at 27°11′18.124″ N., types of vessels navigating in the
and place announced by a later notice 90°16′7.363″ W. By correcting the vicinity of the area, and (7) the
in the Federal Register. location, this interim rule also reflects structural configuration of the facility.
the correct area covered by the safety Results from a thorough and
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B. Regulatory History and Information zone in place around the Mad Dog Truss comprehensive examination of the
The Coast Guard published in the Spar. The purpose of the safety zone criteria, International Maritime
Federal Register of July 29, 2005, a final around the Mad Dog Truss Spar is to Organization (IMO) guidelines, and
rule establishing a safety zone around protect the facility from all vessels existing regulations warranted
the Mad Dog Truss Spar facility located operating outside the normal shipping establishment of the original safety zone
on the OCS, under 33 CFR 147.839 (see channels and fairways that are not and support this correction establishing
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Federal Government and Indian tribes, discovery of a significant environmental DEPARTMENT OF HOMELAND
or on the distribution of power and impact from this interim rule. SECURITY
responsibilities between the Federal
List of Subjects in 33 CFR Part 147 Coast Guard
Government and Indian tribes.
12. Energy Effects Continental shelf, Marine safety,
Navigation (water). 33 CFR Part 165
We have analyzed this interim rule
under Executive Order 13211, Actions For the reasons discussed in the
preamble, the Coast Guard amends 33 [Docket No. USCG–2015–0797]
Concerning Regulations That
Significantly Affect Energy Supply, CFR part 147 as follows:
Safety Zones; Fireworks Events in
Distribution, or Use. PART 147—SAFETY ZONES Captain of the Port New York Zone
13. Technical Standards
■ 1. The authority citation for part 147 AGENCY: Coast Guard, DHS.
This interim rule does not use
continues to read as follows: ACTION: Notice of enforcement of
technical standards. Therefore, we did
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; regulation.
not consider the use of voluntary
consensus standards. and Department of Homeland Security
Delegation No. 0170.1. SUMMARY: The Coast Guard will enforce
14. Environment various safety zones within the Captain
■ 2. Revise § 147.865 to read as follows: of the Port New York Zone on the
We have analyzed this interim rule
under Department of Homeland § 147.839 Mad Dog Truss Spar Platform specified dates and times. This action is
Security Management Directive 023–01 safety zone. necessary to ensure the safety of vessels
and Commandant Instruction (a) Description. The Mad Dog Truss and spectators from hazards associated
M16475.lD, which guide the Coast Spar system is in the deepwater area of with fireworks displays. During the
Guard in complying with the National the Gulf of Mexico at Green Canyon 782. enforcement period, no person or vessel
Environmental Policy Act of 1969 The facility is located at 27°11′18.124″ may enter the safety zones without
(NEPA) 42 U.S.C. 4321–4370f), and have N., 90°16′7.363″ W. and the area within permission of the Captain of the Port
made a preliminary determination that 500 meters (1640.4 feet) from each point (COTP).
this action is one of a category of actions on the facility structure’s outer edge is DATES: The regulation for the safety
which do not individually or a safety zone. zones described in 33 CFR 165.160 will
cumulatively have a significant effect on (b) Regulation. No vessel may enter or be enforced on the dates and times
the human environment. This interim remain in this safety zone except the listed in the table in SUPPLEMENTARY
rule involves the establishment of a following: INFORMATION.
safety zone around an OCS facility to (1) An attending vessel;
protect life, property and the marine FOR FURTHER INFORMATION CONTACT: If
(2) A vessel under 100 feet in length you have questions on this notice, call
environment. This interim rule is overall not engaged in towing; or
categorical excluded from further or email MST1 Daniel Vazquez, Coast
(3) A vessel authorized by the Guard; telephone 718–354–4197, email
review, under figure 2–1, paragraph Commander, Eighth Coast Guard
(34)(g), of the Commandant Instruction. daniel.vazquez@uscg.mil.
District.
A preliminary environmental analysis SUPPLEMENTARY INFORMATION: The Coast
checklist supporting this determination Dated: August 3, 2015. Guard will enforce the safety zones
and the Categorical Exclusion David R. Callahan, listed in 33 CFR 165.160 on the
Determination are available in the Rear Admiral, U.S. Coast Guard, Commander, specified dates and times as indicated in
docket where indicated under Eighth Coast Guard District. Table 1 below. This regulation was
ADDRESSES. We seek any comments or [FR Doc. 2015–22579 Filed 9–10–15; 8:45 am] published in the Federal Register on
information that may lead to the BILLING CODE 9110–15–P November 9, 2011 (76 FR 69614).
TABLE 1
1. Association of Indians in • Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the south-
America, Seaport, East west corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan. A barge located in approximate
River Safety Zone, 33 position 40°42′12.5″ N. 074°00′02″ W. (NAD 1983), approximately 200 yards east of Pier 16. This Safety Zone
CFR 165.160(4.4). is a 180-yard radius from the barge.
• Date: October 04, 2015.
• Time: 06:50 p.m.–08:10 p.m.
2. Gail and Rice, Corlears, • Launch site: A barge located in approximate position 40°42′24″ N. 073°58′35″ W. (NAD 1983), approximately
East River Safety Zone, 570 yards South of Williamsburg Bridge, 250 yards West of Railroad Avenue, Corlears Hook, New York. This
33 CFR 165.160(4.3). Safety Zone is a 500-yard radius from the barge.
• Date: September 21, 2015.
• Time: 06:55 p.m.–09:00 p.m.
Under the provisions of 33 CFR vessels. The Coast Guard may be provide mariners with advanced
rmajette on DSK7SPTVN1PROD with RULES
165.160, vessels may not enter the safety assisted by other Federal, State, or local notification of enforcement periods via
zones unless given permission from the law enforcement agencies in enforcing the Local Notice to Mariners and marine
COTP or a designated representative. this regulation. information broadcasts.
Spectator vessels may transit outside the This notice is issued under authority If the COTP determines that a safety
safety zones but may not anchor, block, of 33 CFR 165.160(a) and 5 U.S.C. zone need not be enforced for the full
loiter in, or impede the transit of other 552(a). In addition to this notice in the duration stated in this notice, a
Federal Register, the Coast Guard will Broadcast Notice to Mariners may be
VerDate Sep<11>2014 15:06 Sep 10, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/80_FR_54894/page/4.svg)
Document Created: 2015-12-15 10:00:02
Document Modified: 2015-12-15 10:00:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule and request for comments. | |
| Dates | This interim rule is effective September 11, 2015. Comments and related material must be received by the Coast Guard on or before October 13, 2015. | |
| Contact | If you have questions on this interim 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 Citation | 80 FR 54718 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Continental Shelf; Marine Safety and Navigation (water) |
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