83 FR 20733 - 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 89 (May 8, 2018)
Coast Guard
Federal Register Volume 83, Issue 89 (May 8, 2018)
| Page Range | 20733-20735 | |
| FR Document | 2018-09789 |
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)] [Rules and Regulations] [Pages 20733-20735] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09789] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a permanent safety zone extending 500 meters 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. This action is necessary to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. 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 are permitted to enter or remain in the safety zone. DATES: This rule is effective on May 8, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0446 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Laura Knoll, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2139, [email protected]. 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 Information and Regulatory History Shell Exploration and Production Co. requested that the Coast Guard establish an Outer Continental Shelf (OCS) safety zone extending 500 meters from each point on the Appomattox Floating Production System (FPS) facility structure's outermost edge. In response to Shell Exploration and Production Co.'s request and on the basis of the District Commander's safety analysis, on March 20, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico (83 FR 12144). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to establishing the 500-meter safety zone. During the comment period that ended on April 19, 2018, we received no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety concerns and hazards that could occur within 500 meters of the facility. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule 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), and Title 33, CFR 147.1, 147.5, and 147.10. The District Commander determined that 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 living marine resources. The purpose of this rule 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. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on March 20, 2018. This regulatory text of this final rule contains one technical amendment. In the NPRM, we indicated that permission to enter the safety zone may be obtained from the District Commander or a designated representative in the discussion of the proposed rule but not the regulatory text. This final rule corrects the regulatory text to indicate that permission to enter the safety zone may be obtained from the District Commander or a designated representative. This rule establishes a safety zone on the OCS in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 437. The area for the safety zone is 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. 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 are permitted to enter or remain in the safety zone. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. [[Page 20734]] 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 rule has not been designated as a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule 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 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 are able to safely travel around the zone using alternate routes. Exceptions to this rule also include vessels measuring less than 100 feet in length overall and not engaged in towing and attending vessels as defined in 33 CFR 147.20. In addition, the Eighth Coast Guard District Commander or a designated representative will consider requests to enter or transit through the 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal 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 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 rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a safety zone around an offshore deepwater facility. It is 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 Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 147 Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows: PART 147--SAFETY ZONES 0 1. The authority citation for part 147 continues to read as follows: Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 147.869 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 [[Page 20735]] 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 or a designated representative. Dated: May 2, 2018. Paul F. Thomas, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2018-09789 Filed 5-7-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Rules and Regulations 20733
33781) now codified primarily at 21 providing services to or working with needed to respond to the potential
CFR 101.9 and 101.36). With respect to the facility. Only vessels measuring less safety concerns and hazards that could
our enforcement discretion policy than 100 feet in length overall and not occur within 500 meters of the facility.
pertaining to ‘‘calories from fat’’ engaged in towing, attending vessels as
declarations, this part of the guidance is defined in 33 CFR 147.20, or those III. Legal Authority and Need for Rule
immediately effective because we have vessels specifically authorized by the The Coast Guard is issuing this rule
determined that prior public Eighth Coast Guard District Commander under the authority provided in 14
participation is not feasible or or a designated representative are U.S.C. 85, 43 U.S.C. 1333, and
appropriate (21 CFR 10.115(g)(2)). The permitted to enter or remain in the Department of Homeland Security
guidance announced in this notice safety zone. Delegation No. 0170.1(90), and Title 33,
finalizes the draft guidance dated DATES: This rule is effective on May 8, CFR 147.1, 147.5, and 147.10. The
November 2017. 2018. District Commander determined that
II. Paperwork Reduction Act of 1995 ADDRESSES: To view documents placing a safety zone around the facility
mentioned in this preamble as being will significantly reduce the threat of
This guidance refers to previously available in the docket, go to http://
approved collections of information allisions, oil spills, and releases of
www.regulations.gov, type USCG–2017– natural gas, and thereby protect the
found in FDA regulations. These 0446 in the ‘‘SEARCH’’ box and click
collections of information are subject to safety of life, property, and living
‘‘SEARCH.’’ Click on Open Docket marine resources. The purpose of this
review by the Office of Management and Folder on the line associated with this
Budget (OMB) under the Paperwork rule is to protect the facility from all
rule. vessels operating outside the normal
Reduction Act of 1995 (44 U.S.C. 3501–
FOR FURTHER INFORMATION CONTACT: If shipping channels and fairways that are
3520). The collections of information in
you have questions on this rule, call or not providing services to or working
§ 101.11(b)(2), (c)(3), and (d) have been
email Ms. Laura Knoll, U.S. Coast with the facility.
approved under OMB control number
Guard, District Eight Waterways
0910–0783. IV. Discussion of Comments, Changes,
Management Branch; telephone 504–
III. Electronic Access 671–2139, Laura.B.Knoll@uscg.mil. and the Rule
Persons with access to the internet SUPPLEMENTARY INFORMATION:
As noted above, we received no
may obtain the guidance at either I. Table of Abbreviations comments on our NPRM published on
https://www.fda.gov/FoodGuidances or March 20, 2018. This regulatory text of
https://www.regulations.gov. Use the CFR Code of Federal Regulations
DHS Department of Homeland Security this final rule contains one technical
FDA website listed in the previous FPS Floating production system amendment. In the NPRM, we indicated
sentence to find the most current FR Federal Register that permission to enter the safety zone
version of the guidance. NPRM Notice of proposed rulemaking may be obtained from the District
Dated: May 3, 2018. OCS Outer Continental Shelf
Commander or a designated
§ Section
Leslie Kux, representative in the discussion of the
U.S.C. United States Code
Associate Commissioner for Policy. proposed rule but not the regulatory
[FR Doc. 2018–09725 Filed 5–7–18; 8:45 am] II. Background Information and text. This final rule corrects the
BILLING CODE 4164–01–P
Regulatory History regulatory text to indicate that
Shell Exploration and Production Co. permission to enter the safety zone may
requested that the Coast Guard establish be obtained from the District
DEPARTMENT OF HOMELAND an Outer Continental Shelf (OCS) safety Commander or a designated
SECURITY zone extending 500 meters from each representative.
point on the Appomattox Floating This rule establishes a safety zone on
Coast Guard Production System (FPS) facility the OCS in the deepwater area of the
structure’s outermost edge. In response Gulf of Mexico at Mississippi Canyon
33 CFR Part 147 to Shell Exploration and Production Block 437. The area for the safety zone
[Docket Number USCG–2017–0446] Co.’s request and on the basis of the is 500 meters (1640.4 feet) from each
District Commander’s safety analysis, on point on the facility, which is located at
RIN 1625–AA00 March 20, 2018, the Coast Guard 28°34′25.47″ N 87°56′03.11″ W. Only
published a notice of proposed
Safety Zone; Appomattox FPS, vessels measuring less than 100 feet in
rulemaking (NPRM) titled Safety Zone;
Mississippi Canyon 437, Outer length overall and not engaged in
Appomattox FPS, Mississippi Canyon
Continental Shelf on the Gulf of Mexico towing, attending vessels as defined in
437, Outer Continental Shelf on the Gulf
33 CFR 147.20, or those vessels
AGENCY: Coast Guard, DHS. of Mexico (83 FR 12144). There we
specifically authorized by the Eighth
ACTION: Final rule. stated why we issued the NPRM, and
Coast Guard District Commander or a
invited comments on our proposed
SUMMARY: The Coast Guard is designated representative are permitted
regulatory action related to establishing
establishing a permanent safety zone to enter or remain in the safety zone.
the 500-meter safety zone. During the
extending 500 meters around the comment period that ended on April 19, V. Regulatory Analyses
Appomattox Floating Production 2018, we received no comments.
sradovich on DSK3GMQ082PROD with RULES
System (FPS) facility located in Under 5 U.S.C. 553(d)(3), the Coast We developed this rule after
Mississippi Canyon Block 437 on the Guard finds that good cause exists for considering numerous statutes and
Outer Continental Shelf (OCS) in the making this rule effective less than 30 Executive orders related to rulemaking.
Gulf of Mexico. This action is necessary days after publication in the Federal Below we summarize our analyses
to protect the facility from all vessels Register. Delaying the effective date of based on a number of these statutes and
operating outside the normal shipping this rule would be contrary to the public Executive orders, and we discuss First
channels and fairways that are not interest because immediate action is Amendment rights of protestors.
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![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Rules and Regulations 20735
Gulf of Mexico at Mississippi Canyon 20420, (202) 461–9700. (This is not a applying for the benefit was not
Block 437. The facility is located at toll-free telephone number.) dishonorably discharged. This
28°34′25.47″ N 87°56′03.11″ W (NAD SUPPLEMENTARY INFORMATION: On commenter also appears to suggest that
83), and the area within 500 meters December 21, 2016, VA published in the posttraumatic stress disorder (PTSD) be
(1640.4 feet) from each point on the Federal Register (81 FR 93649) a included in the definition of a TBI and
facility structure’s outer edge is a safety proposed rule to amend 38 CFR 3.350 provided examples of individuals who
zone. and 3.352 to add SMC for veterans with may have benefited from this approach.
(b) Regulation. No vessel may enter or residuals of TBI. As explained in the While any injury outside the line of
remain in this safety zone except the proposed rule, section 601 of the duty would not be service connected,
following: Veterans’ Benefits Act of 2010, Public we note that the occurrence of such an
(1) An attending vessel, as defined by Law 111–275 (the Veterans’ Benefits injury is interpreted very broadly. See
33 CFR 147.20; Act) authorized SMC for veterans who, Holton v. Shinseki, 557 F.3d 1362,
(2) A vessel under 100 feet in length as the result of service-connected 1366–67 (Fed. Cir. 2009) (explaining
overall not engaged in towing; or disability, are in need of regular aid and that an injury or disease will be deemed
(3) A vessel authorized by the Eighth attendance for the residuals of TBI, and to have been incurred in the line of duty
Coast Guard District Commander or a in the absence of such regular aid and if it occurred at almost any time during
designated representative. attendance, would require a veteran’s active service—even during
Dated: May 2, 2018. hospitalization, nursing home care, or authorized leave). With regard to the
other residential institutional care. commenter’s statement that self-
Paul F. Thomas,
Effective October 1, 2011, section 601 inflicted injuries should not be the basis
Rear Admiral, U.S. Coast Guard, Commander,
authorized an additional monetary for service-connected TBI for SMC, we
Eighth Coast Guard District.
allowance for veterans with residuals of note that self-inflicted injuries generally
[FR Doc. 2018–09789 Filed 5–7–18; 8:45 am]
TBI who require this higher level of care would not be covered to the extent they
BILLING CODE 9110–04–P constituted willful misconduct.
but would not otherwise qualify for the
benefit under 38 U.S.C. 1114(r)(2). Whether or not a given self-injury rises
To date, VA has relied on non- to the level of willful misconduct is a
DEPARTMENT OF VETERANS regulatory guidance to implement case specific factual determination that
AFFAIRS section 601 of the Veterans’ Benefits is separate from the level of
Act. By issuing this final rule, VA compensation at stake, which is what is
38 CFR Part 3 affected by this rule. See 38 CFR 3.301.
updates its adjudication regulations to
RIN 2900–AP23 reflect the authorization provided by While the commenter also expressed
section 601. that SMC based on service-connected
Special Monthly Compensation for TBI should not be available to
Veterans With Traumatic Brain Injury Response to Public Comments individuals with a dishonorable
As noted above, VA published the discharge, VA statutes and regulations
AGENCY: Department of Veterans Affairs.
proposed rule in the Federal Register preclude veteran status and benefits for
ACTION: Final rule. (81 FR 93649) on December 21, 2016. individuals with a dishonorable
SUMMARY: The Department of Veterans VA provided a 60-day public comment discharge. 38 U.S.C. 101(2); 38 CFR
Affairs (VA) amends its adjudication period, which ended on February 21, 3.12(a). Finally, in response to the
regulations to add an additional 2017, and received two comments. VA commenter’s last assertion that VA
compensation benefit for veterans with responds to all comments as follows. should define whether PTSD ‘‘is
residuals of traumatic brain injury (TBI). For the reasons set forth in the proposed included under the definition of [TBI],’’
This final rule incorporates in rule and below, VA adopts the proposed we note that PTSD is already a disability
rule as final, without changes. available for VA service connection and
regulations a benefit authorized by the
Both commenters expressed support rating as a mental disorder under 38
enactment of the Veterans’ Benefits Act
for the rulemaking, noting that SMC CFR 4.130, Diagnostic Code 9411.
of 2010. The Veterans’ Benefits Act should be awarded for TBI. VA Therefore, VA already compensates
authorizes special monthly appreciates the time and effort veterans for service-connected PTSD,
compensation (SMC) for veterans with expended by these commenters in including with PTSD that is somehow
TBI who are in need of aid and reviewing the proposed rule and in causally related to TBI.
attendance, and in the absence of such submitting comments, as well as their In any case, the general eligibility
aid and attendance, would require support for this rulemaking. criteria for SMC and the definition of
hospitalization, nursing home care, or One commenter stated that this TBI are outside the scope of this
other residential institutional care. rulemaking should restrict the use of rulemaking. Therefore, VA makes no
DATES: Effective Date: This final rule is SMC payments to treatment for TBI. The change based on these comments.
effective June 7, 2018. commenter noted that application for The second commenter stated that
Applicability Date: The provisions of SMC funds should be made on a yearly veterans with TBI should have always
this final rule shall apply to all basis and the funds should be applied qualified for maximum monthly relief.
applications for benefits received by VA specifically for medical care of the TBI. VA notes that SMC is authorized by
on or after October 1, 2011, or that were VA notes that it has no authority to statute, and prior to the enactment of
pending before VA, the United States direct how payments are used once the Veterans’ Benefits Act, VA lacked
Court of Appeals for Veterans Claims, or awarded to a veteran; VA only has legal the statutory authority to provide the
sradovich on DSK3GMQ082PROD with RULES
the United States Court of Appeals for authority to determine benefit eligibility level of SMC contemplated in the Act
the Federal Circuit on October 1, 2011. and entitlement. for TBI. The commenter also noted the
FOR FURTHER INFORMATION CONTACT: The same commenter stated that length of time it took to authorize and
Roselyn Tyson, Regulations Staff application of SMC should be limited to implement SMC for TBI. As noted
(211D), Compensation Service, claims where TBI that was incurred in above, VA has to date relied on non-
Department of Veterans Affairs, 810 the line of duty and was not a result of regulatory guidance to implement the
Vermont Avenue NW., Washington, DC self-inflicted injury, and the veteran statutory authorization for SMC for TBI.
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Document Created: 2018-05-08 01:32:41
Document Modified: 2018-05-08 01:32:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on May 8, 2018. | |
| Contact | If you have questions on this rule, call or email Ms. Laura Knoll, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2139, [email protected] | |
| FR Citation | 83 FR 20733 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Continental Shelf; Marine Safety and Navigation (water) |
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