83_FR_12198 83 FR 12144 - Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico

83 FR 12144 - Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 54 (March 20, 2018)

Page Range12144-12146
FR Document2018-05605

The Coast Guard proposes to establish a safety zone around the Appomattox Floating Production System (FPS) facility located in Mississippi Canyon Block 437 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, and 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 83 Issue 54 (Tuesday, March 20, 2018)
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Proposed Rules]
[Pages 12144-12146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05605]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2017-0446]
RIN 1625-AA00


Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer 
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone around the 
Appomattox Floating Production System (FPS) facility located in 
Mississippi Canyon Block 437 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, 
and 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 April 19, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0446 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 Ms. Laura Knoll, U.S. Coast Guard, 
District Eight Waterways Management Branch; telephone 504-671-2139, 
laura.b.knoll@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating production system
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
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(90), Title 33, 
CFR 147.1, 147.5, 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 Mississippi Canyon Block 437. 
The area for the safety zone would be 500 meters (1640.4 feet) from 
each point on the facility, which is located at 28[deg]34'25.47'' N, 
87[deg]56'03.11'' W. The deepwater area would be 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. The deepwater area would also include an extensive system 
of fairways. 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 establishment of 
this safety zone will not interfere with these vessels' navigation in 
the area.

III. Discussion of Proposed Rule

    Shell Exploration and Production Co. requested that an OCS safety 
zone extending 500 meters from each point on the Appomattox Floating 
Production System (FPS) facility structure's outermost edge be 
established. 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, the presence of unusually harmful or hazardous substances and 
obstructions within 500 meters of the

[[Page 12145]]

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 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 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the safety zone's 
location and its distance from both land and safety fairways. This 
proposed rule is not a significant regulatory action due to the 
location of the Appomattox FPS, on the Outer Continental Shelf, and its 
distance from both land and safety fairways. Vessels traversing waters 
near the proposed safety zone would be able to safely travel around the 
zone using alternate routes. Exceptions to this proposed rule would 
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, would 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator. This proposed safety zone would 
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 would 
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 
could be requested. Such requests would 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.

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

[[Page 12146]]

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.lD, 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 L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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 website'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.  147.869 to read as follows:


Sec.  147.869   Safety Zone; Appomattox FPS Facility, Outer Continental 
Shelf on the Gulf of Mexico

    (a) Description. The Appomattox Floating Production System (FPS) 
system is in the deepwater area of the Gulf of Mexico at Mississippi 
Canyon Block 437. The facility is located at 28[deg]34'25.47'' N, 
87[deg]56'03.11'' W (NAD 83), 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: March 9, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-05605 Filed 3-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 12144                    Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Proposed Rules

                                                 Pl., Rockville, MD 20855, 240–402–                      DEPARTMENT OF HOMELAND                                II. Background, Purpose, and Legal
                                                 6246.                                                   SECURITY                                              Basis
                                                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  Under the authority provided in 14
                                                                                                         Coast Guard
                                                                                                                                                               U.S.C. 85, 43 U.S.C. 1333, and
                                                 I. Background                                                                                                 Department of Homeland Security
                                                                                                         33 CFR Part 147
                                                                                                                                                               Delegation No. 0170.1(90), Title 33, CFR
                                                    We are announcing the availability of                                                                      147.1, 147.5, and 147.10 permit the
                                                 a draft guidance for industry entitled                  [Docket Number USCG–2017–0446]                        establishment of safety zones for
                                                 ‘‘Determining the Number of Employees                                                                         facilities located on the Outer
                                                 for Purposes of the ‘Small Business’                    RIN 1625–AA00                                         Continental Shelf (OCS) for the purpose
                                                 Definition in Parts 117 and 507:                                                                              of protecting life and property on the
                                                 Guidance for Industry.’’ We are issuing                 Safety Zone; Appomattox FPS,                          facilities, their appurtenances and
                                                 the draft guidance consistent with our                  Mississippi Canyon 437, Outer                         attending vessels, and on the adjacent
                                                 good guidance practices regulation (21                  Continental Shelf on the Gulf of Mexico               waters within the safety zones.
                                                 CFR 10.115). The draft guidance, when                   AGENCY:   Coast Guard, DHS.                              The safety zone proposed by this
                                                 finalized, will represent the current                                                                         rulemaking is on the OCS in the
                                                                                                         ACTION:   Notice of proposed rulemaking.
                                                 thinking of FDA on this topic. It does                                                                        deepwater area of the Gulf of Mexico at
                                                 not establish any rights for any person                 SUMMARY:    The Coast Guard proposes to               Mississippi Canyon Block 437. The area
                                                 and is not binding on FDA or the public.                establish a safety zone around the                    for the safety zone would be 500 meters
                                                 You can use an alternate approach if it                 Appomattox Floating Production                        (1640.4 feet) from each point on the
                                                 satisfies the requirements of the                       System (FPS) facility located in                      facility, which is located at 28°34′25.47″
                                                 applicable statutes and regulations. This               Mississippi Canyon Block 437 on the                   N, 87°56′03.11″ W. The deepwater area
                                                 guidance is not subject to Executive                    Outer Continental Shelf (OCS) in the                  would be considered to be waters of
                                                 Order 12866.                                            Gulf of Mexico. The purpose of the                    304.8 meters (1,000 feet) or greater
                                                                                                         safety zone is to protect the facility from           depth extending to the limits of the
                                                    This draft guidance concerns two                                                                           Exclusive Economic Zone (EEZ)
                                                 regulations that we have established in                 all vessels operating outside the normal
                                                                                                         shipping channels and fairways that are               contiguous to the territorial sea of the
                                                 Title 21 of the Code of Federal                                                                               United States and extending to a
                                                 Regulations (21 CFR) as part of our                     not providing services to or working
                                                                                                         with the facility. Placing a safety zone              distance up to 200 nautical miles from
                                                 implementation of the FDA Food Safety                                                                         the baseline from which the breadth of
                                                                                                         around the facility will significantly
                                                 Modernization Act (Pub. L. 111–353).                                                                          the sea is measured. The deepwater area
                                                                                                         reduce the threat of allisions, collisions,
                                                 These two regulations are 21 CFR part                                                                         would also include an extensive system
                                                                                                         oil spills, and releases of natural gas,
                                                 117 (part 117) (published in the Federal                                                                      of fairways. Navigation in the vicinity of
                                                                                                         and thereby protect the safety of life,
                                                 Register on September 17, 2015, 80 FR                   property, and the environment. We                     the safety zone consists of large
                                                 55907) and 21 CFR part 507 (part 507)                   invite your comments on this proposed                 commercial shipping vessels, fishing
                                                 (published in the Federal Register on                   rulemaking.                                           vessels, cruise ships, tugs with tows and
                                                 September 17, 2015, 80 FR 56170).                                                                             the occasional recreational vessels. The
                                                                                                         DATES: Comments and related material
                                                 Under parts 117 and 507, whether a                                                                            establishment of this safety zone will
                                                                                                         must be received by the Coast Guard on
                                                 business is a ‘‘small business’’ has two                                                                      not interfere with these vessels’
                                                                                                         or before April 19, 2018.
                                                 main implications. First, certain small                                                                       navigation in the area.
                                                 businesses are exempt from the human                    ADDRESSES: You may submit comments
                                                                                                         identified by docket number USCG–                     III. Discussion of Proposed Rule
                                                 food preventive controls requirements
                                                 and the animal food preventive controls                 2017–0446 using the Federal                              Shell Exploration and Production Co.
                                                 requirements if they are engaged only in                eRulemaking Portal at http://                         requested that an OCS safety zone
                                                                                                         www.regulations.gov. See the ‘‘Public                 extending 500 meters from each point
                                                 specified low-risk activity/food
                                                                                                         Participation and Request for                         on the Appomattox Floating Production
                                                 combinations. Second, small businesses
                                                                                                         Comments’’ portion of the                             System (FPS) facility structure’s
                                                 have later compliance dates for parts
                                                                                                         SUPPLEMENTARY INFORMATION section for                 outermost edge be established. There are
                                                 117 and 507 than larger businesses. This                further instructions on submitting
                                                 guidance will provide additional                                                                              safety concerns for both the personnel
                                                                                                         comments.                                             aboard the facility and the environment.
                                                 information to assist businesses in
                                                 determining their status as a ‘‘small                   FOR FURTHER INFORMATION CONTACT:     If               The District Commander has
                                                                                                         you have questions about this proposed                determined that it was highly likely that
                                                 business.’’
                                                                                                         rulemaking, call or email Ms. Laura                   any allision with the facility would
                                                 II. Electronic Access                                   Knoll, U.S. Coast Guard, District Eight               result in a catastrophic event. Placing a
                                                                                                         Waterways Management Branch;                          safety zone around the facility will
                                                   Persons with access to the internet                   telephone 504–671–2139,                               significantly reduce the threat of
                                                 may obtain the draft guidance at either                 laura.b.knoll@uscg.mil.                               allisions, oil spills, and releases of
                                                 https://www.fda.gov/FoodGuidances or                                                                          natural gas, and thereby protect the
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                 https://www.regulations.gov. Use the                                                                          safety of life, property, and the living
                                                 FDA website listed in the previous                      I. Table of Abbreviations                             marine resources.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 sentence to find the most current                                                                                In evaluating this request, the Coast
                                                 version of the guidance.                                CFR Code of Federal Regulations                       Guard explored relevant safety factors
                                                                                                         DHS Department of Homeland Security                   and considered several criteria,
                                                   Dated: March 15, 2018.                                FPS Floating production system
                                                                                                         FR Federal Register
                                                                                                                                                               including but not limited to (1) the level
                                                 Leslie Kux,
                                                                                                         NPRM Notice of proposed rulemaking                    of the existing and foreseeable shipping
                                                 Associate Commissioner for Policy.                                                                            activity, the presence of unusually
                                                                                                         OCS Outer Continental Shelf
                                                 [FR Doc. 2018–05705 Filed 3–19–18; 8:45 am]             § Section                                             harmful or hazardous substances and
                                                 BILLING CODE 4164–01–P                                  U.S.C. United States Code                             obstructions within 500 meters of the


                                            VerDate Sep<11>2014   17:36 Mar 19, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\20MRP1.SGM   20MRP1


                                                                         Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Proposed Rules                                           12145

                                                 facility, (2) safety concerns for                       the location of the Appomattox FPS, on                qualifies and how and to what degree
                                                 personnel aboard the facility, (3)                      the Outer Continental Shelf, and its                  this rule would economically affect it.
                                                 concerns for the environment, (4) the                   distance from both land and safety                       Under section 213(a) of the Small
                                                 likelihood that an allision would result                fairways. Vessels traversing waters near              Business Regulatory Enforcement
                                                 in a catastrophic event based on the                    the proposed safety zone would be able                Fairness Act of 1996 (Pub. L. 104–121),
                                                 proximity to shipping fairways,                         to safely travel around the zone using                we want to assist small entities in
                                                 offloading operations, production levels,               alternate routes. Exceptions to this                  understanding this proposed rule. If the
                                                 and size of the crew, (5) the volume of                 proposed rule would include vessels                   rule would affect your small business,
                                                 traffic in the vicinity of the proposed                 measuring less than 100 feet in length                organization, or governmental
                                                 safety zone, (6) the types of vessels                   overall and not engaged in towing. The                jurisdiction and you have questions
                                                 navigating in the vicinity of the                       Eighth Coast Guard District                           concerning its provisions or options for
                                                 proposed area, and (7) the structural                   Commander, or a designated                            compliance, please contact the person
                                                 configuration of the facility.                          representative, would consider requests               listed in the FOR FURTHER INFORMATION
                                                    Results from a thorough and                          to transit through the proposed safety                CONTACT section. The Coast Guard will
                                                 comprehensive examination of the                        zone on a case-by-case basis.                         not retaliate against small entities that
                                                 criteria, International Maritime                                                                              question or complain about this
                                                 Organization (IMO)’s guidelines, and                    B. Impact on Small Entities                           proposed rule or any policy or action of
                                                 existing regulations, warrant the                          The Regulatory Flexibility Act of                  the Coast Guard.
                                                 establishment of a safety zone of 500                   1980, 5 U.S.C. 601–612, as amended,
                                                 meters around the facility. The                                                                               C. Collection of Information
                                                                                                         requires Federal agencies to consider
                                                 proposed safety zone would                              the potential impact of regulations on                  This proposed rule would not call for
                                                 significantly reduce the threat of                      small entities during rulemaking. The                 a new collection of information under
                                                 allisions, oil spills, and releases of                  term ‘‘small entities’’ comprises small               the Paperwork Reduction Act of 1995
                                                 natural gas, and increase the safety of                 businesses, not-for-profit organizations              (44 U.S.C. 3501–3520).
                                                 life, property, and the environment in                  that are independently owned and                      D. Federalism and Indian Tribal
                                                 the Gulf of Mexico by prohibiting entry                 operated and are not dominant in their                Governments
                                                 into the zone. Only vessels measuring                   fields, and governmental jurisdictions
                                                 less than 100 feet in length overall and                                                                         A rule has implications for federalism
                                                                                                         with populations of less than 50,000.
                                                 not engaged in towing, attending vessels                                                                      under Executive Order 13132,
                                                                                                         The Coast Guard certifies under 5 U.S.C.
                                                 as defined in 33 CFR 147.20, or those                                                                         Federalism, if it has a substantial direct
                                                                                                         605(b) that this proposed rule would not
                                                 vessels specifically authorized by the                                                                        effect on the States, on the relationship
                                                                                                         have a significant economic impact on
                                                 Eighth Coast Guard District Commander                                                                         between the national government and
                                                                                                         a substantial number of small entities.
                                                 or a designated representative would be                                                                       the States, or on the distribution of
                                                                                                            While some owners or operators of                  power and responsibilities among the
                                                 permitted to enter the proposed safety                  vessels intending to transit the safety
                                                 zone.                                                                                                         various levels of government. We have
                                                                                                         zone may be small entities, for the                   analyzed this proposed rule under that
                                                 IV. Regulatory Analyses                                 reasons stated in section IV.A above,                 Order and have determined that it is
                                                   We developed this proposed rule after                 this proposed rule would not have a                   consistent with the fundamental
                                                 considering numerous statutes and                       significant economic impact on any                    federalism principles and preemption
                                                 Executive Orders related to rulemaking,                 vessel owner or operator. This proposed               requirements described in Executive
                                                 and we considered the First                             safety zone would not have a significant              Order 13132.
                                                 Amendment rights of protestors. Below                   economic impact or a substantial                         Also, this proposed rule does not have
                                                 we summarize our analyses based on a                    number of small entities for the                      tribal implications under Executive
                                                 number of these statutes or Executive                   following reasons. Vessel traffic can                 Order 13175, Consultation and
                                                 Orders.                                                 pass safely around the safety zone using              Coordination with Indian Tribal
                                                                                                         alternate routes. Based on the limited                Governments, because it would not have
                                                 A. Regulatory Planning and Review                       scope of the safety zone, any delay                   a substantial direct effect on one or
                                                    Executive Orders 12866 and 13563                     resulting from using an alternate route               more Indian tribes, on the relationship
                                                 direct agencies to assess the costs and                 is expected to be minimal depending on                between the Federal Government and
                                                 benefits of available regulatory                        vessel traffic and speed in the area.                 Indian tribes, or on the distribution of
                                                 alternatives and, if regulation is                      Additionally, exceptions to this                      power and responsibilities between the
                                                 necessary, to select regulatory                         proposed rule would include vessels                   Federal Government and Indian tribes.
                                                 approaches that maximize net benefits.                  measuring less than 100 feet in length                If you believe this proposed rule has
                                                 Executive Order 13771 directs agencies                  overall and not engaged in towing, as                 implications for federalism or Indian
                                                 to control regulatory costs through a                   well as any attending vessel, as defined              tribes, please contact the person listed
                                                 budgeting process. This NPRM has not                    in 33 CFR 147.20. Entry into and transit              in the FOR FURTHER INFORMATION
                                                 been designated a ‘‘significant                         through the proposed safety zone could                CONTACT section.
                                                 regulatory action,’’ under Executive                    be requested. Such requests would be
                                                 Order 12866. Accordingly, the NPRM                      considered on a case-by-case basis and                E. Unfunded Mandates Reform Act
                                                 has not been reviewed by the Office of                  may be authorized by the Eighth Coast                   The Unfunded Mandates Reform Act
                                                 Management and Budget (OMB), and                        Guard District Commander or a                         of 1995 (2 U.S.C. 1531–1538) requires
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                                                 pursuant to OMB guidance it is exempt                   designated representative.                            Federal agencies to assess the effects of
                                                 from the requirements of Executive                         If you think that your business,                   their discretionary regulatory actions. In
                                                 Order 13771.                                            organization, or governmental                         particular, the Act addresses actions
                                                    This regulatory action determination                 jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                 is based on the safety zone’s location                  and that this rule would have a                       State, local, or tribal government, in the
                                                 and its distance from both land and                     significant economic impact on it,                    aggregate, or by the private sector of
                                                 safety fairways. This proposed rule is                  please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                 not a significant regulatory action due to              ADDRESSES) explaining why you think it                more in any one year. Though this


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                                                 12146                   Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Proposed Rules

                                                 proposed rule would not result in such                  V. Public Participation and Request for               List of Subjects in 33 CFR Part 147
                                                 an expenditure, we do discuss the                       Comments                                                Continental shelf, Marine safety,
                                                 effects of this rule elsewhere in this                                                                        Navigation (water).
                                                                                                            We view public participation as
                                                 preamble.
                                                                                                         essential to effective rulemaking, and                  For the reasons discussed in the
                                                 F. Environment                                          will consider all comments and material               preamble, the Coast Guard proposes to
                                                                                                         received during the comment period.                   amend 33 CFR part 147 as follows:
                                                   We have analyzed this proposed rule
                                                                                                         Your comment can help shape the
                                                 under Department of Homeland                                                                                  PART 147—SAFETY ZONES
                                                                                                         outcome of this rulemaking. If you
                                                 Security Management Directive 023–01
                                                                                                         submit a comment, please include the
                                                 and Commandant Instruction                                                                                    ■ 1. The authority citation for part 147
                                                                                                         docket number for this rulemaking,
                                                 M16475.lD, which guide the Coast                                                                              continues to read as follows:
                                                                                                         indicate the specific section of this
                                                 Guard in complying with the National                                                                            Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
                                                                                                         document to which each comment
                                                 Environmental Policy Act of 1969 (42                                                                          and Department of Homeland Security
                                                                                                         applies, and provide a reason for each
                                                 U.S.C. 4321–4370f), and have made a                                                                           Delegation No. 0170.1.
                                                                                                         suggestion or recommendation.
                                                 preliminary determination that this
                                                 action is one of a category of actions that                We encourage you to submit                         ■   2. Add § 147.869 to read as follows:
                                                 do not individually or cumulatively                     comments through the Federal
                                                                                                                                                               § 147.869 Safety Zone; Appomattox FPS
                                                 have a significant effect on the human                  eRulemaking Portal at http://
                                                                                                                                                               Facility, Outer Continental Shelf on the Gulf
                                                 environment. This proposed rule                         www.regulations.gov. If your material                 of Mexico
                                                 involves establishing a safety zone                     cannot be submitted using http://
                                                                                                         www.regulations.gov, contact the person                 (a) Description. The Appomattox
                                                 around an offshore deepwater facility.                                                                        Floating Production System (FPS)
                                                 Normally such actions are categorically                 in the FOR FURTHER INFORMATION
                                                                                                         CONTACT section of this document for
                                                                                                                                                               system is in the deepwater area of the
                                                 excluded from further review under                                                                            Gulf of Mexico at Mississippi Canyon
                                                 paragraph L60(a) of Appendix A, Table                   alternate instructions.
                                                                                                                                                               Block 437. The facility is located at
                                                 1 of DHS Instruction Manual 023–01–                        We accept anonymous comments. All                  28°34′25.47″ N, 87°56′03.11″ W (NAD
                                                 001–01, Rev. 01. A preliminary Record                   comments received will be posted                      83), and the area within 500 meters
                                                 of Environmental Consideration                          without change to http://                             (1640.4 feet) from each point on the
                                                 supporting this determination is                        www.regulations.gov and will include                  facility structure’s outer edge is a safety
                                                 available in the docket where indicated                 any personal information you have                     zone.
                                                 under ADDRESSES. We seek any                            provided. For more about privacy and
                                                                                                                                                                 (b) Regulation. No vessel may enter or
                                                 comments or information that may lead                   the docket, you may review a Privacy
                                                                                                                                                               remain in this safety zone except the
                                                 to the discovery of a significant                       Act notice regarding the Federal Docket
                                                                                                                                                               following:
                                                 environmental impact from this                          Management System in the March 24,
                                                                                                                                                                 (1) An attending vessel, as defined by
                                                 proposed rule.                                          2005, issue of the Federal Register (70
                                                                                                                                                               33 CFR 147.20;
                                                                                                         FR 15086).
                                                 G. Protest Activities                                                                                           (2) A vessel under 100 feet in length
                                                                                                            Documents mentioned in this NPRM                   overall not engaged in towing; or
                                                   The Coast Guard respects the First                    as being available in the docket, and all               (3) A vessel authorized by the Eighth
                                                 Amendment rights of protesters.                         public comments, will be in our online                Coast Guard District Commander.
                                                 Protesters are asked to contact the                     docket at http://www.regulations.gov
                                                 person listed in the FOR FURTHER                        and can be viewed by following that                     Dated: March 9, 2018.
                                                 INFORMATION CONTACT section to                          website’s instructions. Additionally, if              Paul F. Thomas,
                                                 coordinate protest activities so that your              you go to the online docket and sign up               Rear Admiral, U.S. Coast Guard, Commander,
                                                 message can be received without                         for email alerts, you will be notified                Eighth Coast Guard District.
                                                 jeopardizing the safety or security of                  when comments are posted or a final                   [FR Doc. 2018–05605 Filed 3–19–18; 8:45 am]
                                                 people, places, or vessels.                             rule is published.                                    BILLING CODE 9110–04–P
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Document Created: 2018-03-20 01:10:29
Document Modified: 2018-03-20 01:10:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 19, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Ms. Laura Knoll, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2139, [email protected]
FR Citation83 FR 12144 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

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