[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42385-42388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17620]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2014-0863]
RIN 1625-AA00
Safety Zone; Big Foot TLP, Walker Ridge 29, Outer Continental
Shelf on the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone around the Big
Foot Tension Leg Platform construction site, located in Walker Ridge
Block 29 on the Outer Continental Shelf (OCS) in the Gulf of Mexico.
The purpose of this interim rule is to include the construction area
and protect the facility and all operations during the construction
phase 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 while under
construction that includes the construction site will significantly
reduce the threat of allisions, collisions, security breaches, oil
spills, releases of natural gas, and thereby protect the safety of
life, property, and the environment.
DATES: This rule is effective without actual notice July 17, 2015. For
the purposes of enforcement, actual notice will be used from June 3,
2015 until July 17, 2015. Comments and related material must be
received by the Coast Guard on or before August 3, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0863. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight
Waterways Management Branch; telephone 504-671-2138,
[email protected]. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received
[[Page 42386]]
during the comment period and may change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
On March 25, 2015 we published a Notice of Proposed Rulemaking
(NPRM) with a request for comments entitled, ``Safety Zone; Big Foot
TLP, Walker Ridge 29, Outer Continental Shelf on the Gulf of Mexico''
in the Federal Register (80 FR 15703). We received no comments on the
NPRM. Before publication of the final rule, Chevron North America
(Chevron) notified the Coast Guard of specific challenges during the
Big Foot Tension Leg Platform's (TLP) construction phase. Specifically,
multiple tendon failures occurred while the Big Foot TLP was going
through installation operations. These tendon failures resulted in
losing a buoyancy can, which went adrift. Subsequently, the
construction operation was put on hold but the remaining tendons and
construction/attending vessels and equipment remain on site. The Coast
Guard decided to expand the original proposed safety zone to include
the construction site as part of the facility for purposes of an
interim safety zone during the construction phase. Under 33 CFR 147.1,
a safety zone may be established around OCS facilities being
constructed, maintained, or operated for safety of life and property.
And, under 33 CFR 147.15, a safety zone may extend up to a maximum of
500 meters around an OCS facility measuring from the facility's outer
most edge or from its construction site. While the remaining tendons
and construction vessels and equipment remain on site and during
construction of the Big Foot TLP, this interim rule is necessary to
establish the safety zone as extending 500 meters from the construction
site to protect persons and vessels from hazards inherent to
construction of this type of platform on the OCS. Once the Big Foot TLP
facility is constructed, a final rule will revise the safety zone to
extend from the constructed facility's outer most edges.
This interim rule follows an NPRM that received no comments. The
Coast Guard is issuing this interim rule without further notice
pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice when the agency for good
cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' As stated above, an NPRM proposing a
safety zone around the Big Foot TLP facility was published in March and
no comments were received. The NPRM provided prior notice and
opportunity to comment. This interim rule provides additional
opportunity to comment. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for not providing additional notice with
respect to this interim rule establishing the safety zone as extending
from the construction site rather than from the facility location.
Construction and installation operations are expected to resume
promptly and immediate action is necessary to establish this interim
OCS safety zone during the Big Foot TLP's construction phase to protect
life and property from the hazards associated with and resulting from
the construction operations.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 14
U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish and define OCS safety zones.
Because of construction and installation complications, the Coast
Guard explored establishing the safety zone proposed in the NPRM
published in March 2015 (80 FR 15703) as an interim rule, rather than a
final rule at this time, extending from the construction site during
the construction phase. Chevron also requested that the Coast Guard
establish the interim OCS safety zone around the Big Foot TLP
construction site located in the deepwater area of the Gulf of Mexico
on the OCS. Placing a safety zone around the construction site will
significantly reduce the threat of allisions, oil spills, and releases
of natural gas, and thereby protect the safety of life, property, and
the environment.
The construction and installation complications pose significant
safety hazards to vessels and mariners operating in the area. The Coast
Guard is issuing this interim rule during construction which Chevron
anticipates continuing for at least six months. Establishing the OCS
safety zone to extend 500 meters (1640.4 feet) from the outside of the
\1/2\ x \1/2\ square mile construction site is necessary to maintain
navigational safety during the anticipated six month construction
phase.
D. Discussion of the Interim Rule
The Coast Guard is establishing an interim OCS safety zone
extending 500 meters (1640.4 feet) from the outer edges of the Big Foot
TLP's \1/2\ mile by \1/2\ mile construction site. The construction site
outermost points are located at:
NW Corner 26-56-18.85 N, 090-31-26.44 W
NE Corner 26-56-18.85 N, 090-30-53.06 W
SE Corner 26-55-46.76 N, 090-30-53.06 W
SW Corner 26-55-46.76 N, 090-31-26.44 W
Transit into and through this area is prohibited beginning upon
signature of this rule and will continue until construction efforts are
complete. Deviation from this OCS safety zone is prohibited unless
specifically authorized by the District Commander or a designated
representative. Deviation requests will be considered and reviewed on a
case-by-case basis.
[[Page 42387]]
The District Commander may be contacted by telephone at 1-800-939-7203.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action due to the location of the Big Foot TLP--
on the Outer Continental Shelf--and its distance from both land and
safety fairways. Vessel traffic can pass safely around the safety zone
using alternate routes. Deviation to transit through the safety zone
may be requested. Such requests will be considered on a case-by-case
basis and may be authorized by the Commander, Eighth Coast Guard
District or a designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in Walker Ridge Block 29, where this safety zone is now
established.
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 an alternate
route. Use of an alternate route may cause minimal delay in reaching a
final destination, depending on other traffic in the area and vessel
speed. Vessels may request deviation from this rule to transit through
the safety zone. Such requests will be considered on a case-by-case
basis and may be authorized by the Commander, Eighth Coast Guard
District or a designated representative. Therefore, the Coast Guard
expects any impact of this rulemaking establishing a safety zone around
an OCS facility to be minimal, with no significant economic impact on
small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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,
above.
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
[[Page 42388]]
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of a safety zone around an OCS Facility to protect life, property and
the marine environment. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. The environmental analysis checklist supporting this
determination and Categorical Exclusion Determination are available in
the docket where indicated under ADDRESSES.
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. 147.861 to read as follows:
Sec. 147.861 Interim Big Foot TLP Construction Site safety zone.
(a) Description. The Big Foot Tension Leg Platform (TLP)
construction site is in the deepwater area of the Gulf of Mexico at
Walker Ridge 29. The Big Foot TLP construction site outermost points
are located at:
NW Corner 26-56-18.85 N, 090-31-26.44 W
NE Corner 26-56-18.85 N, 090-30-53.06 W
SE Corner 26-55-46.76 N, 090-30-53.06 W
SW Corner 26-55-46.76 N, 090-31-26.44 W,
and the area within 500 meters of the construction site's outermost
points, is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(1) An attending vessel;
(2) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.
Dated: June 3, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-17620 Filed 7-16-15; 8:45 am]
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