[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Rules and Regulations]
[Pages 20733-20735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09789]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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