[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]
 BILLING CODE 4910-15-P