Safety Zones, Facilities on the Outer Continental Shelf in the Gulf of Mexico, 19569-19572 [2014-07838]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Proposed Rules]
[Pages 19569-19572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07838]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2013-0874]
RIN 1625-AA00


Safety Zones, Facilities on the Outer Continental Shelf in the 
Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones around four 
Chevron North America (Chevron) facilities located on the Outer 
Continental Shelf (OCS) in the Gulf of Mexico. The facilities are as 
follows: The Jack & St Malo Semi-Sub Facility located in Walker Ridge 
Block 718; The Petronius Compliant Tower Facility located in Viosca 
Knoll Block 786; The Blind Faith Semi-Sub Facility located in 
Mississippi Canyon Block 650; and The Tahiti SPAR Facility located in 
Green Canyon Block 641.
    The purpose of these safety zones is to protect each facility from 
vessels operating outside the normal shipping channels and fairways. 
Placing a safety zone around each facility 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 9, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0874 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://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 proposed 
rule, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight 
Waterways Management Branch; telephone 504-671-2138, 
rusty.h.wright@uscg.mil. 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

DHS Department of Homeland Security
USCG United States Coast Guard
FR Federal Register
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 https://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 
https://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 https://www.regulations.gov, 
type the docket number [USCG-2013-0874] 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 https://www.regulations.gov, 
type the docket number (USCG-2013-0874) 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. 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

[[Page 19570]]

safety zones for facilities located on the OCS for the purpose of 
protecting life, property and the marine environment. Chevron requested 
that the Coast Guard establish safety zones around four of its 
facilities located in the deepwater area of the Gulf of Mexico on the 
OCS. Placing a safety zone around each of these four facilities 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.
    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 each 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.

C. Discussion of Proposed Rule

    Each of the proposed safety zones will extend 500 meters from each 
point on the facility structure's outermost edge. The location of each 
facility is as follows:
    (1) The Jack & St Malo Semi-Sub Facility is located in Walker Ridge 
Block 718 with a center point at 26[deg]14'5.94'' N 91[deg]15'39.99'' 
W;
    (2) The Petronius Compliant Tower Facility is located in Viosca 
Knoll Block 786 with a center point at 28[deg]13'44'' N/-87[deg]47'51'' 
W;
    (3) The Blind Faith Semi-Sub Facility is located in Mississippi 
Canyon Block 650 with a center point at 28[deg]20'29.5279'' N/-
88[deg]15'56.4728'' W; and
    (4) The Tahiti SPAR Facility is located in Green Canyon Block 641 
with a center point at 27[deg]19'33.3'' N/-90[deg]42'50.9'' W.
    The requests for these safety zones were made due to safety 
concerns for both the personnel aboard the facilities and the 
environment. Chevron indicated that it is highly likely that any 
allision with one of these facilities would result in a catastrophic 
event. In evaluating these requests, the Coast Guard explored relevant 
safety factors and considered several criteria, including but not 
limited to, (1) the level of shipping activity around each facility, 
(2) safety concerns for personnel aboard each facility, (3) concerns 
for the environment, (4) the likeliness that an allision would result 
in a catastrophic event based on each facility's proximity to shipping 
fairways, offloading operations, and production levels, (5) the volume 
of traffic in the vicinity of each facility and proposed zone, (6) the 
types of vessels navigating in the vicinity of each facility and 
proposed zone, and (7) the structural configuration of each facility.
    Results from a thorough and comprehensive examination of these 
criteria, International Maritime Organization guidelines, and existing 
regulations warrant the establishment of a safety zone around each 
facility. The proposed safety zones 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 each zone unless specifically 
authorized by the Commander, Eighth Coast Guard District or a 
designated representative.

D. Regulatory Analyses

    We developed this proposed 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 proposed 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 each facility on 
the OCS and the distance between each facility and both land and 
fairways. Vessel traffic can pass safely around each safety zone using 
alternate routes. Exceptions to this proposed rule include vessels 
measuring less than 100 feet in length overall and not engaged in 
towing. Deviation to transit through each 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would 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 718; Viosca Knoll 
Block 786; Mississippi Canyon Block 650; and Green Canyon Block 641.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can pass safely around each safety zone using alternate routes. 
Use of alternate routes may cause minimal delay in reaching a final 
destination, depending on other traffic in the area and vessel speed. 
Additionally, exceptions to this proposed rule include vessels 
measuring less than 100 feet in length overall and not engaged in 
towing. And, vessels may request deviation from this proposed rule to 
transit through each 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 proposed rulemaking establishing 
safety zones around OCS facilities to be minimal, with no significant 
economic impact on small entities.
    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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this

[[Page 19571]]

proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

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

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 proposed rule 
involves the establishment of safety zones around OCS Facilities 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. Preliminary environmental 
analysis checklists supporting this determination and Categorical 
Exclusion Determinations 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 proposed 
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 proposes 
to amend 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. Sec.  147.851, 147.853, 147.855, and 147.857 to read as 
follows:


Sec.  147.851  Jack & St Malo Semi-Sub Facility Safety Zone.

    (a) Description. The Jack & St Malo Semi-Sub facility is in the 
deepwater area of the Gulf of Mexico at Walker Ridge block 718. The 
facility is located at 26[deg]14'5.94'' N, 91[deg]15'39.99'' 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 or a designated representative.


Sec.  147.853  Petronius Compliant Tower Facility Safety Zone.

    (a) Description. The Petronius Compliant Tower facility is in the 
deepwater area of the Gulf of Mexico at Viosca Knoll Block 786. The 
facility is located at 28[deg]13'44'' N/-87[deg]47'51'' 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 or a designated representative.


Sec.  147.855  Blind Faith Semi-Sub Facility Safety Zone.

    (a) Description. The Blind Faith Semi-Sub facility is in the 
deepwater area of the Gulf of Mexico at Mississippi Canyon Block 650. 
The facility is located at 28[deg]20'29.5279'' N/-88[deg]15'56.4728'' W 
and the area within 500 meters (1640.4 feet) from each point on the 
facility structure's outer edge is a safety zone.

[[Page 19572]]

    (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 or a designated representative.


Sec.  147.857  Tahiti SPAR Facility Safety Zone.

    (a) Description. The Tahiti SPAR facility is in the deepwater area 
of the Gulf of Mexico at Tahiti SPAR. The facility is located at 
27[deg]19'33.3''; N/-90[deg]42'50.9'' 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 or a designated representative.

    Dated: March 10, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-07838 Filed 4-8-14; 8:45 am]
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