82_FR_21424 82 FR 21337 - Safety Zone; Stampede TLP, Green Canyon 468, Outer Continental Shelf on the Gulf of Mexico

82 FR 21337 - Safety Zone; Stampede TLP, Green Canyon 468, Outer Continental Shelf on the Gulf of Mexico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21337-21339
FR Document2017-09239

The Coast Guard proposes a safety zone around the Stampede Tension Leg Platform facility located in Green Canyon Block 468 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, oil spills, releases of natural gas, and thereby protect the safety of life, property, and the environment. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21337-21339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09239]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2017-0110]
RIN 1625-AA00


Safety Zone; Stampede TLP, Green Canyon 468, Outer Continental 
Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a safety zone around the Stampede 
Tension Leg Platform facility located in Green Canyon Block 468 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, oil spills, releases of natural gas, and thereby 
protect the safety of life, property, and the environment. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 7, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0110 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
TLP A Tension Leg Platform
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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 
147.1 and 147.10 permit the establishment of safety zones for 
facilities located on the Outer Continental Shelf (OCS) for the purpose 
of protecting life and property on the facilities, their appurtenances 
and attending vessels, and on the adjacent waters within the safety 
zones.
    The safety zone proposed by this rulemaking is on the OCS in the 
deepwater area of the Gulf of Mexico at Green Canyon Block 468. The 
area for the safety zone would be 500 meters (1640.4 feet) from each 
point on the facility, which is located at 27[deg]30'33.3431'' N., 
90[deg]33'22.963'' W. For the purpose of the safety zone, the deepwater 
area is 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 vessels. The deepwater area 
also includes an extensive system of fairways.

III. Discussion of Proposed Rule

    HESS Corporation requested that an OCS safety zone extending 500 
meters from each point on the Stampede Tension Leg Platform (TLP) 
facility structure's outermost edge is required. There are safety 
concerns for both the personnel aboard the facility and the 
environment. The District Commander has determined that it was highly 
likely that any allision with the facility would result in a 
catastrophic event. 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 living marine resources.
    In evaluating this request, the Coast Guard explored relevant 
safety factors and considered several criteria, including but not 
limited to (1) the level of the existing and foreseeable shipping 
activity around the facility, (2) safety concerns for personnel aboard 
the facility, (3) concerns for the environment, (4) the likelihood that 
an allision would result in a catastrophic event based on the proximity 
to shipping fairways, offloading operations, production levels, and 
size of the crew, (5) the volume of traffic in the vicinity of the 
proposed safety zone, (6) the types of vessels navigating in the

[[Page 21338]]

vicinity of the proposed area, and (7) the structural configuration of 
the facility.
    Results from a thorough and comprehensive examination of the 
criteria, International Maritime Organization (IMO)'s guidelines, and 
existing regulations, warrant the establishment of a safety zone of 500 
meters around the facility. The proposed safety zone would 
significantly reduce 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. 
Only vessels measuring less than 100 feet in length overall and not 
engaged in towing, attending vessels as defined in 33 CFR 147.20, or 
those vessels specifically authorized by the Eighth Coast Guard 
District Commander or a designated representative would be permitted to 
enter the proposed safety zone.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. Accordingly, the Office of Management and Budget 
(OMB) has not reviewed it. As this proposed rule is not a significant 
regulatory action, this proposed rule is exempt from the requirements 
of Executive Order 13771. See OMB's Memorandum titled ``Interim 
Guidance Implementing Section 2 of the Executive Order of January 30, 
2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' 
(February 2, 2017). A regulatory analysis (RA) follows.
    This proposed rule is not a significant regulatory action due to 
the location of the Stampede TLP, 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. The Eighth Coast Guard District Commander, or a 
designated representative, will consider requests to transit through 
the proposed safety zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would 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 in Green Canyon Block 468.
    This safety zone will not have a significant economic impact or a 
substantial number of small entities for the following reasons. Vessel 
traffic can pass safely around the safety zone using alternate routes. 
Based on the limited scope of the safety zone, any delay resulting from 
using an alternate route is expected to be minimal depending on vessel 
traffic and speed in the area. Additionally, exceptions to this 
proposed rule include vessels measuring less than 100 feet in length 
overall and not engaged in towing, as well as any attending vessel, as 
defined in 33 CFR 147.20. Entry into and 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 Eighth Coast Guard 
District Commander 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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.

C. Collection of Information

    This proposed rule would 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 Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 21339]]

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.1D, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 proposed rule involves 
establishing a safety zone around an offshore deepwater facility. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.  147.867 to read as follows:


Sec.  147.867  Stampede TLP Facility Safety Zone.

    (a) Description. The Stampede Tension Leg Platform (TLP) system is 
in the deepwater area of the Gulf of Mexico at Green Canyon Block 468. 
The facility is located at 27[deg]30'33.3431'' N. 90[deg]33'22.963'' 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, as defined by 33 CFR 147.20;
    (2) A vessel under 100 feet in length overall not engaged in 
towing; or
    (3) A vessel authorized by the Eighth Coast Guard District 
Commander.

    Dated: April 12, 2017.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-09239 Filed 5-5-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                             21337

                                                 effectiveness of its policies and                       DEPARTMENT OF HOMELAND                                Department of Homeland Security
                                                 procedures relating to its business as a                SECURITY                                              Delegation No. 0170.1, Title 33, CFR
                                                 futures commission merchant, swap                                                                             147.1 and 147.10 permit the
                                                 dealer or major swap participant;                       Coast Guard                                           establishment of safety zones for
                                                                                                                                                               facilities located on the Outer
                                                    (3) Areas for improvement, and                       33 CFR Part 147                                       Continental Shelf (OCS) for the purpose
                                                 recommended potential or prospective
                                                                                                         [Docket Number USCG–2017–0110]                        of protecting life and property on the
                                                 changes or improvements to its                                                                                facilities, their appurtenances and
                                                 compliance program and resources                        RIN 1625–AA00                                         attending vessels, and on the adjacent
                                                 devoted to compliance;                                                                                        waters within the safety zones.
                                                    (4) The financial, managerial,                       Safety Zone; Stampede TLP, Green                         The safety zone proposed by this
                                                                                                         Canyon 468, Outer Continental Shelf                   rulemaking is on the OCS in the
                                                 operational, and staffing resources set
                                                                                                         on the Gulf of Mexico                                 deepwater area of the Gulf of Mexico at
                                                 aside for compliance with respect to the
                                                 Act and Commission regulations                          AGENCY:   Coast Guard, DHS.                           Green Canyon Block 468. The area for
                                                 relating to its business as a futures                   ACTION:   Notice of proposed rulemaking.              the safety zone would be 500 meters
                                                 commission merchant, swap dealer or                                                                           (1640.4 feet) from each point on the
                                                 major swap participant, including any                   SUMMARY:    The Coast Guard proposes a                facility, which is located at
                                                 material deficiencies in such resources;                safety zone around the Stampede                       27°30′33.3431″ N., 90°33′22.963″ W. For
                                                                                                         Tension Leg Platform facility located in              the purpose of the safety zone, the
                                                    (5) Any material noncompliance                       Green Canyon Block 468 on the Outer                   deepwater area is waters of 304.8 meters
                                                 issues identified and the corresponding                 Continental Shelf (OCS) in the Gulf of                (1,000 feet) or greater depth extending to
                                                 action taken; and                                       Mexico. The purpose of the safety zone                the limits of the Exclusive Economic
                                                    (6) Any material changes to                          is to protect the facility from all vessels           Zone (EEZ) contiguous to the territorial
                                                 compliance policies and procedures                      operating outside the normal shipping                 sea of the United States and extending
                                                 during the coverage period for the                      channels and fairways that are not                    to a distance up to 200 nautical miles
                                                 report.                                                 providing services to or working with                 from the baseline from which the
                                                                                                         the facility. Placing a safety zone around            breadth of the sea is measured.
                                                    (f) Furnishing the annual report to the              the facility will significantly reduce the            Navigation in the vicinity of the safety
                                                 Commission. (1) Prior to furnishing the                 threat of allisions, collisions, oil spills,          zone consists of large commercial
                                                 annual report to the Commission, the                    releases of natural gas, and thereby                  shipping vessels, fishing vessels, cruise
                                                 chief compliance officer shall provide                  protect the safety of life, property, and             ships, tugs with tows and the occasional
                                                 the annual report to the board of                       the environment. We invite your                       recreational vessels. The deepwater area
                                                 directors, the senior officer, and the                  comments on this proposed rulemaking.                 also includes an extensive system of
                                                 audit committee (or equivalent body) of                 DATES: Comments and related material                  fairways.
                                                 the futures commission merchant, swap                   must be received by the Coast Guard on                III. Discussion of Proposed Rule
                                                 dealer, or major swap participant for its               or before June 7, 2017.
                                                 review. Furnishing the annual report to                                                                          HESS Corporation requested that an
                                                                                                         ADDRESSES: You may submit comments
                                                 the board of directors, the senior officer,                                                                   OCS safety zone extending 500 meters
                                                                                                         identified by docket number USCG–                     from each point on the Stampede
                                                 and the audit committee (or equivalent                  2017–0110 using the Federal                           Tension Leg Platform (TLP) facility
                                                 body) shall be recorded in the board                    eRulemaking Portal at http://                         structure’s outermost edge is required.
                                                 minutes or otherwise, as evidence of                    www.regulations.gov. See the ‘‘Public                 There are safety concerns for both the
                                                 compliance with this requirement.                       Participation and Request for                         personnel aboard the facility and the
                                                 *      *     *    *     *                               Comments’’ portion of the                             environment. The District Commander
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                   Issued in Washington, DC, on May 3, 2017,                                                                   has determined that it was highly likely
                                                                                                         further instructions on submitting                    that any allision with the facility would
                                                 by the Commission.                                      comments.
                                                 Christopher J. Kirkpatrick,
                                                                                                                                                               result in a catastrophic event. Placing a
                                                                                                         FOR FURTHER INFORMATION CONTACT: If                   safety zone around the facility will
                                                 Secretary of the Commission.                            you have questions about this proposed                significantly reduce the threat of
                                                   Note: The following appendix will not                 rulemaking, call or email Mr. Rusty                   allisions, oil spills, and releases of
                                                 appear in the Code of Federal Regulations.              Wright, U.S. Coast Guard, District Eight              natural gas, and thereby protect the
                                                                                                         Waterways Management Branch;                          safety of life, property, and the living
                                                 Appendix to Chief Compliance Officer                    telephone 504–671–2138,                               marine resources.
                                                 Duties and Annual Report                                rusty.h.wright@uscg.mil.                                 In evaluating this request, the Coast
                                                 Requirements for Futures Commission                     SUPPLEMENTARY INFORMATION:                            Guard explored relevant safety factors
                                                 Merchants, Swap Dealers, and Major                                                                            and considered several criteria,
                                                                                                         I. Table of Abbreviations                             including but not limited to (1) the level
                                                 Swap Participants; Amendments—
                                                                                                         CFR Code of Federal Regulations                       of the existing and foreseeable shipping
                                                 Commission Voting Summary
                                                                                                         DHS Department of Homeland Security                   activity around the facility, (2) safety
                                                    On this matter, Acting Chairman Giancarlo            FR Federal Register                                   concerns for personnel aboard the
                                                 and Commissioner Bowen voted in the                     NPRM Notice of Proposed Rulemaking                    facility, (3) concerns for the
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 affirmative. No Commissioner voted in the               OCS Outer Continental Shelf
                                                                                                         TLP A Tension Leg Platform
                                                                                                                                                               environment, (4) the likelihood that an
                                                 negative.                                                                                                     allision would result in a catastrophic
                                                                                                         § Section
                                                 [FR Doc. 2017–09229 Filed 5–5–17; 8:45 am]              U.S.C. United States Code                             event based on the proximity to
                                                 BILLING CODE 6351–01–P                                                                                        shipping fairways, offloading
                                                                                                         II. Background, Purpose, and Legal                    operations, production levels, and size
                                                                                                         Basis                                                 of the crew, (5) the volume of traffic in
                                                                                                            Under the authority provided in 14                 the vicinity of the proposed safety zone,
                                                                                                         U.S.C. 85, 43 U.S.C. 1333, and                        (6) the types of vessels navigating in the


                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\08MYP1.SGM   08MYP1


                                                 21338                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                 vicinity of the proposed area, and (7) the              a significant regulatory action, this                 Guard District Commander or a
                                                 structural configuration of the facility.               proposed rule is exempt from the                      designated representative.
                                                    Results from a thorough and                          requirements of Executive Order 13771.                   If you think that your business,
                                                 comprehensive examination of the                        See OMB’s Memorandum titled                           organization, or governmental
                                                 criteria, International Maritime                        ‘‘Interim Guidance Implementing                       jurisdiction qualifies as a small entity
                                                 Organization (IMO)’s guidelines, and                    Section 2 of the Executive Order of                   and that this rule would have a
                                                 existing regulations, warrant the                       January 30, 2017 titled ‘Reducing                     significant economic impact on it,
                                                 establishment of a safety zone of 500                   Regulation and Controlling Regulatory
                                                 meters around the facility. The                                                                               please submit a comment (see
                                                                                                         Costs’ ’’ (February 2, 2017). A regulatory
                                                                                                                                                               ADDRESSES) explaining why you think it
                                                 proposed safety zone would                              analysis (RA) follows.
                                                 significantly reduce the threat of                                                                            qualifies and how and to what degree
                                                                                                            This proposed rule is not a significant            this rule would economically affect it.
                                                 allisions, oil spills, and releases of                  regulatory action due to the location of
                                                 natural gas, and increase the safety of                 the Stampede TLP, on the Outer                           Under section 213(a) of the Small
                                                 life, property, and the environment in                  Continental Shelf, and its distance from              Business Regulatory Enforcement
                                                 the Gulf of Mexico by prohibiting entry                 both land and safety fairways. Vessels                Fairness Act of 1996 (Pub. L. 104–121),
                                                 into the zone. Only vessels measuring                   traversing waters near the proposed                   we want to assist small entities in
                                                 less than 100 feet in length overall and                safety zone will be able to safely travel             understanding this proposed rule. If the
                                                 not engaged in towing, attending vessels                around the zone using alternate routes.               rule would affect your small business,
                                                 as defined in 33 CFR 147.20, or those                   Exceptions to this proposed rule include              organization, or governmental
                                                 vessels specifically authorized by the                  vessels measuring less than 100 feet in               jurisdiction and you have questions
                                                 Eighth Coast Guard District Commander                   length overall and not engaged in                     concerning its provisions or options for
                                                 or a designated representative would be                 towing. The Eighth Coast Guard District               compliance, please contact the person
                                                 permitted to enter the proposed safety                  Commander, or a designated                            listed in the FOR FURTHER INFORMATION
                                                 zone.                                                   representative, will consider requests to             CONTACT section. The Coast Guard will
                                                 IV. Regulatory Analyses                                 transit through the proposed safety zone              not retaliate against small entities that
                                                                                                         on a case-by-case basis.                              question or complain about this
                                                   We developed this proposed rule after                                                                       proposed rule or any policy or action of
                                                 considering numerous statutes and                       B. Impact on Small Entities                           the Coast Guard.
                                                 executive orders related to rulemaking,
                                                 and we considered the First                                The Regulatory Flexibility Act of
                                                                                                                                                               C. Collection of Information
                                                 Amendment rights of protestors. Below                   1980, 5 U.S.C. 601–612, as amended,
                                                 we summarize our analyses based on a                    requires Federal agencies to consider                   This proposed rule would not call for
                                                 number of these statutes or executive                   the potential impact of regulations on                a new collection of information under
                                                 orders.                                                 small entities during rulemaking. The                 the Paperwork Reduction Act of 1995
                                                                                                         term ‘‘small entities’’ comprises small               (44 U.S.C. 3501–3520).
                                                 A. Regulatory Planning and Review                       businesses, not-for-profit organizations
                                                    Executive Orders 12866 (‘‘Regulatory                 that are independently owned and                      D. Federalism and Indian Tribal
                                                 Planning and Review’’) and 13563                        operated and are not dominant in their                Governments
                                                 (‘‘Improving Regulation and Regulatory                  fields, and governmental jurisdictions
                                                                                                                                                                  A rule has implications for federalism
                                                 Review’’) direct agencies to assess the                 with populations of less than 50,000.
                                                                                                         The Coast Guard certifies under 5 U.S.C.              under Executive Order 13132,
                                                 costs and benefits of available regulatory                                                                    Federalism, if it has a substantial direct
                                                 alternatives and, if regulation is                      605(b) that this proposed rule would not
                                                                                                         have a significant economic impact on                 effect on the States, on the relationship
                                                 necessary, to select regulatory                                                                               between the national government and
                                                 approaches that maximize net benefits                   a substantial number of small entities.
                                                                                                                                                               the States, or on the distribution of
                                                 (including potential economic,                             This proposed rule would affect the
                                                                                                                                                               power and responsibilities among the
                                                 environmental, public health and safety                 following entities, some of which might
                                                                                                                                                               various levels of government. We have
                                                 effects, distributive impacts, and                      be small entities: The owners or
                                                                                                         operators of vessels intending to transit             analyzed this proposed rule under that
                                                 equity). Executive Order 13563                                                                                Order and have determined that it is
                                                 emphasizes the importance of                            or anchor in Green Canyon Block 468.
                                                                                                                                                               consistent with the fundamental
                                                 quantifying both costs and benefits, of                    This safety zone will not have a
                                                                                                                                                               federalism principles and preemption
                                                 reducing costs, of harmonizing rules,                   significant economic impact or a
                                                                                                                                                               requirements described in Executive
                                                 and of promoting flexibility. Executive                 substantial number of small entities for
                                                                                                                                                               Order 13132.
                                                 Order 13771 (‘‘Reducing Regulation and                  the following reasons. Vessel traffic can
                                                 Controlling Regulatory Costs’’), directs                pass safely around the safety zone using                 Also, this proposed rule does not have
                                                 agencies to reduce regulation and                       alternate routes. Based on the limited                tribal implications under Executive
                                                 control regulatory costs and provides                   scope of the safety zone, any delay                   Order 13175, Consultation and
                                                 that ‘‘for every one new regulation                     resulting from using an alternate route               Coordination with Indian Tribal
                                                 issued, at least two prior regulations be               is expected to be minimal depending on                Governments, because it would not have
                                                 identified for elimination, and that the                vessel traffic and speed in the area.                 a substantial direct effect on one or
                                                 cost of planned regulations be prudently                Additionally, exceptions to this                      more Indian tribes, on the relationship
                                                                                                         proposed rule include vessels                         between the Federal Government and
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 managed and controlled through a
                                                 budgeting process.’’                                    measuring less than 100 feet in length                Indian tribes, or on the distribution of
                                                    The Office of Management and Budget                  overall and not engaged in towing, as                 power and responsibilities between the
                                                 (OMB) has not designated this proposed                  well as any attending vessel, as defined              Federal Government and Indian tribes.
                                                 rule a significant regulatory action                    in 33 CFR 147.20. Entry into and transit              If you believe this proposed rule has
                                                 under section 3(f) of Executive Order                   through the proposed safety zone may                  implications for federalism or Indian
                                                 12866. Accordingly, the Office of                       be requested. Such requests will be                   tribes, please contact the person listed
                                                 Management and Budget (OMB) has not                     considered on a case-by-case basis and                in the FOR FURTHER INFORMATION
                                                 reviewed it. As this proposed rule is not               may be authorized by the Eighth Coast                 CONTACT section.



                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\08MYP1.SGM   08MYP1


                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                                   21339

                                                 E. Unfunded Mandates Reform Act                         www.regulations.gov. If your material                   Dated: April 12, 2017.
                                                    The Unfunded Mandates Reform Act                     cannot be submitted using http://                     David R. Callahan,
                                                 of 1995 (2 U.S.C. 1531–1538) requires                   www.regulations.gov, contact the person               Rear Admiral, U.S. Coast Guard, Commander,
                                                 Federal agencies to assess the effects of               in the FOR FURTHER INFORMATION                        Eighth Coast Guard District.
                                                 their discretionary regulatory actions. In              CONTACT section of this document for                  [FR Doc. 2017–09239 Filed 5–5–17; 8:45 am]
                                                 particular, the Act addresses actions                   alternate instructions.                               BILLING CODE 9110–04–P
                                                 that may result in the expenditure by a                    We accept anonymous comments. All
                                                 State, local, or tribal government, in the              comments received will be posted
                                                 aggregate, or by the private sector of                  without change to http://                             DEPARTMENT OF HOMELAND
                                                 $100,000,000 (adjusted for inflation) or                www.regulations.gov and will include                  SECURITY
                                                 more in any one year. Though this                       any personal information you have
                                                 proposed rule would not result in such                                                                        Coast Guard
                                                                                                         provided. For more about privacy and
                                                 an expenditure, we do discuss the                       the docket, you may review a Privacy
                                                 effects of this rule elsewhere in this                                                                        33 CFR Part 165
                                                                                                         Act notice regarding the Federal Docket
                                                 preamble.                                               Management System in the March 24,                    [Docket Number USCG–2017–0272]
                                                 F. Environment                                          2005, issue of the Federal Register (70               RIN 1625–AA00
                                                                                                         FR 15086).
                                                   We have analyzed this proposed rule
                                                 under Department of Homeland                               Documents mentioned in this NPRM                   Safety Zones; Sector Upper
                                                 Security Management Directive 023–01                    as being available in the docket, and all             Mississippi River Annual and
                                                 and Commandant Instruction                              public comments, will be in our online                Recurring Safety Zones Update
                                                 M16475.1D, which guide the Coast                        docket at http://www.regulations.gov
                                                                                                                                                               AGENCY:   Coast Guard, DHS.
                                                 Guard in complying with the National                    and can be viewed by following that
                                                                                                         Web site’s instructions. Additionally, if             ACTION:   Notice of proposed rulemaking.
                                                 Environmental Policy Act of 1969 (42
                                                 U.S.C. 4321–4370f), and have made a                     you go to the online docket and sign up               SUMMARY:   The Coast Guard proposes to
                                                 preliminary determination that this                     for email alerts, you will be notified                amend and update its annual and
                                                 action is one of a category of actions that             when comments are posted or a final                   recurring safety zones that take place in
                                                 do not individually or cumulatively                     rule is published.                                    the Sector Upper Mississippi River
                                                 have a significant effect on the human                                                                        Captain of the Port Zone (COTP Zone).
                                                                                                         List of Subjects in 33 CFR Part 147
                                                 environment. This proposed rule                                                                               This proposed rulemaking informs the
                                                 involves establishing a safety zone                      Continental shelf, Marine safety,                    public of regularly scheduled events
                                                 around an offshore deepwater facility.                  Navigation (water).                                   that require additional safety measures
                                                 Normally such actions are categorically                                                                       through establishing of a safety zone.
                                                 excluded from further review under                        For the reasons discussed in the                    This proposed rulemaking also proposes
                                                 paragraph 34(g) of Figure 2–1 of                        preamble, the Coast Guard proposes to                 to update the current list of recurring
                                                 Commandant Instruction M16475.lD.                       amend 33 CFR part 147 as follows:                     safety zones with revisions, additional
                                                 We seek any comments or information                                                                           events, and removal of events that no
                                                 that may lead to the discovery of a                     PART 147—SAFETY ZONES
                                                                                                                                                               longer take place in the COTP Zone.
                                                 significant environmental impact from                                                                         Additionally, this proposed rulemaking
                                                 this proposed rule.                                     ■ 1. The authority citation for part 147              project reduces administrative costs
                                                                                                         continues to read as follows:                         involved in producing separate
                                                 G. Protest Activities
                                                   The Coast Guard respects the First                      Authority: 14 U.S.C. 85; 43 U.S.C. 1333;            proposed rules for each individual
                                                                                                         and Department of Homeland Security                   recurring safety zone and serves to
                                                 Amendment rights of protesters.
                                                                                                         Delegation No. 0170.1.                                provide notice of the known recurring
                                                 Protesters are asked to contact the
                                                 person listed in the FOR FURTHER                                                                              safety zones throughout the year. We
                                                                                                         ■   2. Add § 147.867 to read as follows:              invite your comments on this proposed
                                                 INFORMATION CONTACT section to
                                                 coordinate protest activities so that your              § 147.867    Stampede TLP Facility Safety             rulemaking.
                                                 message can be received without                         Zone.                                                 DATES: Comments and related material
                                                 jeopardizing the safety or security of                                                                        must be received by the Coast Guard on
                                                                                                            (a) Description. The Stampede
                                                 people, places, or vessels.                                                                                   or before June 7, 2017.
                                                                                                         Tension Leg Platform (TLP) system is in
                                                 V. Public Participation and Request for                 the deepwater area of the Gulf of Mexico              ADDRESSES: You may submit comments
                                                 Comments                                                at Green Canyon Block 468. The facility               identified by docket number USCG–
                                                                                                         is located at 27°30′33.3431″ N.                       2017–0272 using the Federal
                                                   We view public participation as                                                                             eRulemaking Portal at http://
                                                 essential to effective rulemaking, and                  90°33′22.963″ W. and the area within
                                                                                                         500 meters (1640.4 feet) from each point              www.regulations.gov. See the ‘‘Public
                                                 will consider all comments and material                                                                       Participation and Request for
                                                 received during the comment period.                     on the facility structure’s outer edge is
                                                                                                         a safety zone.                                        Comments’’ portion of the
                                                 Your comment can help shape the                                                                               SUPPLEMENTARY INFORMATION section for
                                                 outcome of this rulemaking. If you                         (b) Regulation. No vessel may enter or             further instructions on submitting
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 submit a comment, please include the                    remain in this safety zone except the                 comments.
                                                 docket number for this rulemaking,                      following:
                                                 indicate the specific section of this                                                                         FOR FURTHER INFORMATION CONTACT:     If
                                                                                                            (1) An attending vessel, as defined by             you have questions about this proposed
                                                 document to which each comment                          33 CFR 147.20;
                                                 applies, and provide a reason for each                                                                        rulemaking, call or email LCDR Sean
                                                 suggestion or recommendation.                              (2) A vessel under 100 feet in length              Peterson, Chief of Prevention, U.S. Coast
                                                   We encourage you to submit                            overall not engaged in towing; or                     Guard; telephone 314–269–2568, email
                                                 comments through the Federal                               (3) A vessel authorized by the Eighth              Sean.M.Peterson@uscg.mil.
                                                 eRulemaking Portal at http://                           Coast Guard District Commander.                       SUPPLEMENTARY INFORMATION:



                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\08MYP1.SGM   08MYP1



Document Created: 2017-05-06 02:22:07
Document Modified: 2017-05-06 02:22:07
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 June 7, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2138, [email protected]
FR Citation82 FR 21337 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR