80 FR 71940 - Safety Zone; Turritella FPSO, Walker Ridge 551, Outer Continental Shelf on the Gulf of Mexico
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 222 (November 18, 2015)
Coast Guard
Federal Register Volume 80, Issue 222 (November 18, 2015)
| Page Range | 71940-71942 | |
| FR Document | 2015-29449 |
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)] [Rules and Regulations] [Pages 71940-71942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29449] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket No. USCG-2015-0318] RIN 1625-AA00 Safety Zone; Turritella FPSO, Walker Ridge 551, Outer Continental Shelf on the Gulf of Mexico AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a safety zone around the Turritella FPSO system, Walker Ridge 551 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the safety zone is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Placing a safety zone around the facility will significantly reduce the threat of allisions, collisions, security breaches, oil spills, releases of natural gas, and thereby protect the safety of life, property, and the environment. DATES: This rule is effective December 18, 2015. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-0318 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2138, [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations DHS Department of Homeland Security FR Federal Register FPSO Floating Production Storage Offloading Vessel NPRM Notice of Proposed Rulemaking OCS Outer Continental Shelf USCG United States Coast Guard II. Background Information and Regulatory History Shell Exploration & Production Company requested that the Coast Guard establish a safety zone around the Turritella FPSO, which is a ship-shaped offshore production facility that stores crude oil in tanks located in its hull. It will attach to a moored turret buoy and [[Page 71941]] move in a 360 degree arc around the position 26[deg]25'38.74'' N., 90[deg]48'45.34'' W. The purpose of the safety zone is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Therefore, on July 28, 2015 we published a NPRM with a request for comments entitled, ``Safety Zones: Turritella FPSO system, Walker Ridge 551, Outer Continental Shelf on the Gulf of Mexico'' in the Federal Register (80 FR 44910). We received no comments on the NPRM. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority in 14 U.S.C. 85, 43 U.S.C. 1333, Department of Homeland Security Delegation No. 0170.1, and 33 CFR part 147, which collectively permit the establishment of safety zones for facilities located on the OCS for the purpose of protecting life, property and the marine environment. The Coast Guard has determined that a safety zone is necessary to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. The purpose of the rule is to significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. For the purpose of safety zones established under 33 CFR part 147, the deepwater area is considered to be waters of 304.8 meters (1,000 feet) or greater depth extending to the limits of the Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the United States and extending to a distance up to 200 nautical miles from the baseline from which the breadth of the sea is measured. Navigation in the vicinity of the safety zone consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and the occasional recreational vessel. The deepwater area also includes an extensive system of fairways. IV. Discussion of Comments, Changes and the Final Rule As noted above, we received no comments on our NPRM published July 28, 2015. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone extending 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy. If the FPSO detaches from the turret buoy, the safety zone of 500 meters (1640.4) will be measured from the center point of the turret buoy. No vessel, except those attending the facility, or those less than 100 feet in length and not engaged in towing will be permitted to enter the safety zone without obtaining permission from Commander, Eighth Coast Guard District or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes and executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This rule is not a significant regulatory action due to the location of the Turritella FPSO--on the Outer Continental Shelf--and its distance from both land and safety fairways. Vessel traffic can pass safely around the safety zone using alternate routes. Exceptions to this rule include vessels measuring less than 100 feet in length overall and not engaged in towing. Deviation to transit through the safety zone may be requested. Such requests will be considered on a case-by-case basis and may be authorized by the Commander, Eighth Coast Guard District or a designated representative. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received 0 comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the [[Page 71942]] distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone around an OCS Facility to protect life, property and the marine environment. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. The environmental analysis checklist supporting this determination and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 147 Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows: PART 147--SAFETY ZONES 0 1. The authority citation for part 147 continues to read as follows: Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 147.863 to read as follows: Sec. 147.863 Turritella FPSO System Safety Zone. (a) Description. The Turritella, a Floating Production, Storage and Offloading (FPSO) system is to be installed in the deepwater area of the Gulf of Mexico at Walker Ridge 551. The FPSO can swing in a 360 degree arc around the center point of the turret buoy's swing circle at 26[deg]25'38.74'' N., 90[deg]48'45.34'' W., and the area within 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy is a safety zone. If the FPSO detaches from the turret buoy, the area within 500 meters (1640.4 feet) around the center point at 26[deg]25'38.74'' N., 90[deg]48'45.34'' W. is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) A vessel under 100 feet in length overall not engaged in towing; or (3) A vessel authorized by the Commander, Eighth Coast Guard District. Dated: October 27, 2015. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015-29449 Filed 11-17-15; 8:45 am] BILLING CODE 9110-04-P
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to the same ERISA standards and Finally, it is worth noting that even if DEPARTMENT OF HOMELAND
remedies that apply to any company the state laws implementing these SECURITY
offering the same services to employers. approaches ‘‘relate to’’ ERISA plans in
Similarly, a prototype plan or multiple some sense of that term, it is only Coast Guard
employer plan program that a state because they create or authorize
offers to employers would have to arrangements that are fully governed by 33 CFR Part 147
comply with the same ERISA ERISA’s requirements. By embracing [Docket No. USCG–2015–0318]
requirements and would have to be ERISA in this way, the state would not
subject to the same remedies as any on that basis be running afoul of section RIN 1625–AA00
private party offering such products and 514(a) because ERISA fully applies to
services.17 Safety Zone; Turritella FPSO, Walker
the arrangement and there is nothing in Ridge 551, Outer Continental Shelf on
Even if the state laws enacted to the state law for ERISA to ‘‘supersede.’’ the Gulf of Mexico
establish programs of the sort described In this regard, section 514(a) of ERISA,
above ‘‘reference’’ employee benefit in relevant part, provides that Title I of AGENCY: Coast Guard, DHS.
plans in a literal sense, they should not ERISA ‘‘shall supersede any and all ACTION: Final rule.
be seen as laws that ‘‘relate to’’ ERISA state laws insofar as they may now or
plans in the sense ERISA section 514(a) hereafter relate to any employee benefit SUMMARY: The Coast Guard is
uses that statutory term because they are plan . . . .’’ To the extent that the state establishing a safety zone around the
completely voluntary from the makes plan design decisions in Turritella FPSO system, Walker Ridge
employer’s perspective, the state fashioning its prototype plan or state 551 on the Outer Continental Shelf
program would be entirely subject to sponsored plan, or otherwise adopts (OCS) in the Gulf of Mexico. The
ERISA, and state law would not impose rules necessary to run the plan, those purpose of the safety zone is to protect
any outside regulatory requirements actions would be the same as any other the facility from all vessels operating
beyond ERISA. They do not require outside the normal shipping channels
prototype plan provider or employer
employers to establish ERISA-covered and fairways that are not providing
sponsor of any ERISA-covered plan, and
plans, forbid any type of plan or restrict services to or working with the facility.
the arrangement would be fully and
employers’ choices with respect to Placing a safety zone around the facility
equally subject to ERISA. will significantly reduce the threat of
benefit structures or their
administration. These laws would This conclusion is supported by the allisions, collisions, security breaches,
merely offer a program that employers Department’s position regarding state oil spills, releases of natural gas, and
could accept or reject. See Dillingham, governmental participation in ERISA thereby protect the safety of life,
519 U.S. at 325–28. plans in another context. Pursuant to property, and the environment.
section 4(b)(1) of ERISA, the provisions DATES: This rule is effective December
In addition, none of the state
of Title I of ERISA do not apply to a 18, 2015.
approaches described above resemble
the state laws that the Court held plan that a state government establishes ADDRESSES: To view documents
preempted in its pre-Travelers for its own employees, which ERISA mentioned in this preamble as being
‘‘reference to’’ cases. Those laws section 3(32) defines as a ‘‘governmental available in the docket, go to http://
targeted ERISA plans as a class with plan.’’ The Department has long held www.regulations.gov, type USCG–2015–
affirmative requirements or special the view, however, that if a plan 0318 in the ‘‘SEARCH’’ box and click
exemptions. See, e.g., District of covering governmental employees fails ‘‘SEARCH.’’ Click on Open Docket
Columbia v. Greater Wash. Bd. of Trade, to qualify as a governmental plan, it Folder on the line associated with this
506 U.S. 125, 128, 129–133 (1992) would still be subject to Title I of rulemaking.
(workers’ compensation law that ERISA.18 In these circumstances, the FOR FURTHER INFORMATION CONTACT: If
required employee benefits ‘‘set by failure to qualify as a governmental plan you have questions on this rule, call or
reference to [ERISA] plans’’) (citation does not prohibit a governmental email Mr. Rusty Wright, U.S. Coast
omitted); Ingersoll-Rand Co. v. employer from providing benefits Guard, District Eight Waterways
McClendon, 498 U.S. 133, 135–136, 140 through, and making contributions to, Management Branch; telephone 504–
(1990) (common law claim for wrongful an ERISA-covered employee benefit 671–2138, rusty.h.wright@uscg.mil.
discharge to prevent attainment of plan.19 Thus, the effect of ERISA is not SUPPLEMENTARY INFORMATION:
ERISA benefits); Mackey v. Lanier to prohibit the state from offering
Collection Agency & Serv., Inc., 486 U.S. benefits, but rather to make those I. Table of Abbreviations
825, 828 & n.2, 829–830 (1988) benefits subject to ERISA. Here too, DHS Department of Homeland Security
(exemption from garnishment statute for ERISA does not supersede state law to FR Federal Register
ERISA plans). In the case of the state the extent it merely creates an FPSO Floating Production Storage
actions outlined above, any restriction arrangement that is fully governed by Offloading Vessel
on private economic activity arises, not ERISA. NPRM Notice of Proposed Rulemaking
from state regulatory actions, but from OCS Outer Continental Shelf
the application of ERISA requirements Phyllis C. Borzi, USCG United States Coast Guard
to the plans, service providers, and Assistant Secretary, Employee Benefits II. Background Information and
investment products, that the state, as Security Administration, U.S. Department of Regulatory History
any other private sector participant in Labor.
Shell Exploration & Production
wgreen on DSK2VPTVN1PROD with RULES
the market, selects in deciding what it [FR Doc. 2015–29427 Filed 11–16–15; 4:15 pm]
Company requested that the Coast
is willing to offer. BILLING CODE 4510–29–P
Guard establish a safety zone around the
18 See,
Turritella FPSO, which is a ship-shaped
17 State laws relating to sovereign immunity for e.g., Advisory Opinion 2004–04A.
state governments and their employees would have 19 SeeInformation Letter to Michael T. Scaraggi
offshore production facility that stores
to be evaluated carefully to ensure they do not and James M. Steinberg from John J. Canary (April crude oil in tanks located in its hull. It
conflict with ERISA’s remedial provisions. 12, 2004). will attach to a moored turret buoy and
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![71942 Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations
distribution of power and PART 147—SAFETY ZONES shipping channels and fairways that are
responsibilities between the Federal not providing services to or working
Government and Indian tribes. If you ■ 1. The authority citation for part 147 with the facility. Placing a safety zone
believe this rule has implications for continues to read as follows: around the facility will significantly
federalism or Indian tribes, please Authority: 14 U.S.C. 85; 43 U.S.C. 1333; reduce the threat of allisions, collisions,
contact the person listed in the FOR and Department of Homeland Security security breaches, oil spills, releases of
FURTHER INFORMATION CONTACT section Delegation No. 0170.1. natural gas, and thereby protect the
above. ■ 2. Add § 147.863 to read as follows: safety of life, property, and the
environment.
E. Unfunded Mandates Reform Act § 147.863 Turritella FPSO System Safety DATES: This rule is effective December
The Unfunded Mandates Reform Act Zone.
18, 2015.
of 1995 (2 U.S.C. 1531–1538) requires (a) Description. The Turritella, a ADDRESSES: To view documents
Federal agencies to assess the effects of Floating Production, Storage and mentioned in this preamble as being
their discretionary regulatory actions. In Offloading (FPSO) system is to be available in the docket, go to http://
particular, the Act addresses actions installed in the deepwater area of the www.regulations.gov, type USCG–2015–
that may result in the expenditure by a Gulf of Mexico at Walker Ridge 551. The 0320 in the ‘‘SEARCH’’ box and click
State, local, or tribal government, in the FPSO can swing in a 360 degree arc ‘‘SEARCH.’’ Click on Open Docket
aggregate, or by the private sector of around the center point of the turret Folder on the line associated with this
$100,000,000 (adjusted for inflation) or buoy’s swing circle at 26°25′38.74″ N., rulemaking.
more in any one year. Though this rule 90°48′45.34″ W., and the area within FOR FURTHER INFORMATION CONTACT: If
will not result in such an expenditure, 500 meters (1640.4 feet) around the you have questions on this rule, call or
we do discuss the effects of this rule stern of the FPSO when it is moored to email Mr. Rusty Wright, U.S. Coast
elsewhere in this preamble. the turret buoy is a safety zone. If the Guard, District Eight Waterways
FPSO detaches from the turret buoy, the Management Branch; telephone 504–
F. Environment
area within 500 meters (1640.4 feet) 671–2138, rusty.h.wright@uscg.mil.
We have analyzed this rule under around the center point at 26°25′38.74″
SUPPLEMENTARY INFORMATION:
Department of Homeland Security N., 90°48′45.34″ W. is a safety zone.
Management Directive 023–01 and (b) Regulation. No vessel may enter or I. Table of Abbreviations
Commandant Instruction M16475.lD, remain in this safety zone except the DHS Department of Homeland Security
which guide the Coast Guard in following: FR Federal Register
complying with the National (1) An attending vessel; NPRM Notice of Proposed Rulemaking
Environmental Policy Act of 1969 (2) A vessel under 100 feet in length OCS Outer Continental Shelf
(NEPA)(42 U.S.C. 4321–4370f), and overall not engaged in towing; or SPAR A large diameter, vertical cylinder
have made a preliminary determination (3) A vessel authorized by the supporting a deck
that this action is one of a category of Commander, Eighth Coast Guard USCG United States Coast Guard
actions that do not individually or District. II. Background Information and
cumulatively have a significant effect on Dated: October 27, 2015. Regulatory History
the human environment. This rule David R. Callahan, Bennu Oil and Gas requested that the
involves the establishment of a safety Rear Admiral, U.S. Coast Guard, Commander, Coast Guard establish a safety zone
zone around an OCS Facility to protect Eighth Coast Guard District. extending 500 meters (1640.4 feet) from
life, property and the marine [FR Doc. 2015–29449 Filed 11–17–15; 8:45 am] each point on the Titan SPAR facility
environment. This rule is categorically structure’s outermost edge located in the
BILLING CODE 9110–04–P
excluded from further review under deepwater area of the Gulf of Mexico on
paragraph 34(g) of Figure 2–1 of the the OCS. The purpose of the safety zone
Commandant Instruction. The DEPARTMENT OF HOMELAND is to protect the facility from all vessels
environmental analysis checklist SECURITY operating outside the normal shipping
supporting this determination and channels and fairways that are not
Categorical Exclusion Determination are Coast Guard providing services to or working with
available in the docket where indicated the facility. Therefore, on July 24, 2015
under ADDRESSES. 33 CFR Part 147 we published a NPRM with a request for
G. Protest Activities [Docket No. USCG–2015–0320] comments entitled, ‘‘Safety Zones: Titan
SPAR, Mississippi Canyon 941, Outer
The Coast Guard respects the First RIN 1625–AA00
Continental Shelf on the Gulf of
Amendment rights of protesters.
Safety Zone; Titan SPAR, Mississippi Mexico’’ in the Federal Register (80 FR
Protesters are asked to contact the
Canyon 941, Outer Continental Shelf 43998). We received no comments on
person listed in the FOR FURTHER
on the Gulf of Mexico the NPRM.
INFORMATION CONTACT section to
coordinate protest activities so that your III. Legal Authority and Need for Rule
AGENCY: Coast Guard, DHS.
message can be received without The Coast Guard is issuing this rule
ACTION: Final rule.
jeopardizing the safety or security of under authority in 14 U.S.C. 85, 43
people, places or vessels. SUMMARY: The Coast Guard is U.S.C. 1333, Department of Homeland
establishing a safety zone around the Security Delegation No. 0170.1, and
wgreen on DSK2VPTVN1PROD with RULES
List of Subjects in 33 CFR Part 147
Titan SPAR system, located in Title 33, CFR part 147, which
Continental shelf, Marine safety, Mississippi Canyon Block 941 on the collectively permit the establishment of
Navigation (water). Outer Continental Shelf (OCS) in the safety zones for facilities located on the
For the reasons discussed in the Gulf of Mexico. The purpose of the OCS for the purpose of protecting life,
preamble, the Coast Guard amends 33 safety zone is to protect the facility from property and the marine environment.
CFR part 147 as follows: all vessels operating outside the normal The Coast Guard has determined that a
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Document Created: 2018-03-01 11:20:45
Document Modified: 2018-03-01 11:20:45
| 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 | Final rule. | |
| Dates | This rule is effective December 18, 2015. | |
| Contact | If you have questions on this rule, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2138, [email protected] | |
| FR Citation | 80 FR 71940 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Continental Shelf; Marine Safety and Navigation (water) |
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