[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54718-54721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22579]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0512]
RIN 1625-AA00


Safety Zone; Mad Dog Truss Spar, Green Canyon 782, 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 published in the Federal Register on July 29, 
2005, a final rule establishing a safety zone around the Mad Dog Truss 
Spar. The coordinates for the location of the Mad Dog Truss Spar were 
published incorrectly as 27[deg]11'18'' N., 91[deg]05'12'' W. This 
interim rule corrects the coordinates to reflect the actual location of 
the Mad Dog Truss Spar as 27[deg]11'18.124'' N., 90[deg]16'7.363'' W., 
therefore correctly publishing the area covered by the safety zone 
around the Mad Dog Truss Spar system, located in Green Canyon Block 782 
on the Outer Continental Shelf (OCS) in the Gulf of Mexico.

DATES: This interim rule is effective September 11, 2015. Comments and 
related material must be received by the Coast Guard on or before 
October 13, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0512 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 instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
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 F. Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
IMO International Maritime Organization
OCS Outer Continental Shelf
USCG United States Coast Guard

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.

[[Page 54719]]

    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0512] 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 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 (USCG-2015-0512) 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 by 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

    The Coast Guard published in the Federal Register of July 29, 2005, 
a final rule establishing a safety zone around the Mad Dog Truss Spar 
facility located on the OCS, under 33 CFR 147.839 (see 70 FR 43768). 
However, that final rule published with the wrong latitude and 
longitude for the facility location. The July 29, 2005 final rule 
incorrectly published the location as 27[deg]11'18'' N., 91[deg]05'12'' 
W. Through this interim rule and request for comments, the Coast Guard 
is correcting the location as published in the Code of Federal 
Regulations. This interim rule establishes the safety zone around the 
corrected location and provides the opportunity for public comment but 
does so without prior 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.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not providing prior notice with respect to this rule. Delaying this 
correction to the location of the Mad Dog OCS safety zone would also 
delay necessary chart corrections. Additionally, it is impracticable 
and unnecessary to delay establishing and publishing the correct 
location to provide prior notice because the safety zone around the Mad 
Dog facility is known to those operating in the area and omitting the 
notice requirement will not result in a negative impact. Providing the 
opportunity to comment will allow for input on addressing such a 
correction while the correction is established but before it is made 
final.
    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 less than 
30 days after publication in the Federal Register.

C. Basis and Purpose

    Under the authority provided in 14 U.S.C. 85; 43 U.S.C. 1333; and 
Department of Homeland Security Delegation No. 0170.1. Title 33, CFR 
part 147 permits the establishment of safety zones for facilities 
located on the OCS for the purpose of protecting life, property and the 
marine environment. The purpose of this interim rule is to correct the 
coordinates, reflecting the actual location of the Mad Dog Truss Spar 
facility at 27[deg]11'18.124'' N., 90[deg]16'7.363'' W. By correcting 
the location, this interim rule also reflects the correct area covered 
by the safety zone in place around the Mad Dog Truss Spar. The purpose 
of the safety zone around the Mad Dog Truss Spar 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. Safety zones established around such facilities 
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.
    For the purpose of safety zones established under 33 CFR part 147, 
the deepwater area is 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. 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 vessel. The deepwater area also includes an 
extensive system of fairways.

D. Discussion of Interim Rule

    On July 29, 2005, the Coast Guard established a safety zone under 
33 CFR 147.839, around the Mad Dog Truss Spar facility through a final 
rule publishing an incorrect location for the facility as 
27[deg]11'18'' N., 91[deg]05'12'' W. This interim rule corrects the 
coordinates in the CFR to reflect the actual location of 
27[deg]11'18.124'' N., 90[deg]16'7.363'' W., while also requesting 
comments before being made final. The original OCS safety zone and this 
interim rule correcting the location are established to address safety 
concerns for both the personnel aboard the facility and the 
environment. It is highly likely that any allision with the facility 
would result in a catastrophic event. In evaluating the need for a 
safety zone, the Coast Guard explored relevant safety factors and 
considered several criteria, including but not limited to, (1) the 
level of shipping activity around the facility, (2) safety concerns for 
personnel aboard the facility, (3) concerns for the environment, (4) 
the likeliness that an allision would result in a catastrophic event 
based on proximity to shipping fairways, offloading operations, 
production levels, and size of the crew, (5) the volume of traffic in 
the vicinity of the area, (6) the types of vessels navigating in the 
vicinity of the area, and (7) the structural configuration of the 
facility.
    Results from a thorough and comprehensive examination of the 
criteria, International Maritime Organization (IMO) guidelines, and 
existing regulations warranted establishment of the original safety 
zone and support this correction establishing

[[Page 54720]]

the corrected location for the safety zone extending 500 meters (1640.4 
feet) around the facility. This safety zone will reduce significantly 
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 unless specifically 
authorized by the Commander, Eighth Coast Guard District or a 
designated representative.

E. Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This interim 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 Mad Dog Truss Spar--on the Outer Continental Shelf--and 
its distance from both land and safety fairways. Vessels traversing 
waters near the interim safety zone will be able to safely travel 
around the zone using alternate routes. Exceptions to this interim rule 
include vessels measuring less than 100 feet in length overall and not 
engaged in towing. Deviation to transit through the interim 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 
interim rule will not have a significant economic impact on a 
substantial number of small entities.
    This interim rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor within the area extending 500 meters 
(1640.4 feet) from the outermost edges of the Mad Dog Truss Spar 
located in Green Canyon 782 on the OCS.
    This safety zone will not have a significant economic impact on 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. Deviation to transit through the interim 
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.
    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.

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 interim 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 submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it. The Coast Guard will not retaliate against small entities 
that question or complain about this interim rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This interim rule would call for no 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 interim rule under that Order and 
have determined that it 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 interim rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This interim rule would 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 interim 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 interim rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This interim 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

[[Page 54721]]

Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this interim rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

    This interim rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this interim 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 which do not individually or cumulatively have a significant 
effect on the human environment. This interim rule involves the 
establishment of a safety zone around an OCS facility to protect life, 
property and the marine environment. This interim rule is categorical 
excluded from further review, under figure 2-1, paragraph (34)(g), of 
the Commandant Instruction. A preliminary environmental analysis 
checklist supporting this determination and the Categorical Exclusion 
Determination are 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 interim rule.

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. Revise Sec.  147.865 to read as follows:


Sec.  147.839  Mad Dog Truss Spar Platform safety zone.

    (a) Description. The Mad Dog Truss Spar system is in the deepwater 
area of the Gulf of Mexico at Green Canyon 782. The facility is located 
at 27[deg]11'18.124'' N., 90[deg]16'7.363'' W. and the area within 500 
meters (1640.4 feet) from each point on the facility structure's outer 
edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in 
towing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

    Dated: August 3, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-22579 Filed 9-10-15; 8:45 am]
 BILLING CODE 9110-15-P