Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Green Canyon 782, 43766-43768 [05-15073]
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43766
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation because it deals with
drawbridge operations. Under figure 2–
1, paragraph (32)(e), of the Instruction,
an ‘‘Environmental Analysis Check
List’’ and a final ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In § 117.291 revise paragraph (b) to
read as follows:
I
§ 117.291
Hillsborough River.
*
*
VerDate jul<14>2003
Dated: July 15, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 05–15062 Filed 7–28–05; 8:45 am]
BILLING CODE 4910–15–P
Environment
*
(b) The draw of the CSX Railroad
Bridge across the Hillsborough River,
mile 0.7, at Tampa, operates as follows:
(1) The bridge is not tended.
(2) The draw is normally in the fully
open position, displaying green lights to
indicate that vessels may pass.
(3) As a train approaches, provided
the marine traffic detection laser
scanners do not detect a vessel under
the draw, the lights change to flashing
red and a horn continuously sounds
while the draw closes. The draw
remains closed until the train passes.
(4) After the train clears the bridge,
the lights continue to flash red and the
horn again continuously sounds while
the draw opens, until the draw is fully
open and the lights return to green.
*
*
16:28 Jul 28, 2005
Jkt 205001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–048]
RIN 1625–AA–09
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway, Onslow
Beach, NC
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the Onslow Beach Swing Bridge across
the Atlantic Intracoastal Waterway
(AICW), mile 240.7, at Camp Lejeune,
NC. This deviation allows the
drawbridge to remain closed-tonavigation each day from 11 p.m. to 9
a.m., beginning October 6 until
November 11, 2005, to facilitate
sandblasting and painting.
DATES: The deviation is effective from
11 p.m. on October 6 to 9 a.m. on
November 11, 2005.
FOR FURTHER INFORMATION CONTACT: Gary
Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION: The
Onslow Beach Swing Bridge and
adjoining property are part of the U.S.
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Sfmt 4700
Navy and the Marine Corps Base at
Camp Lejeune military reservation,
located adjacent to Jacksonville, North
Carolina. The current regulations at 33
CFR § 117.821(a)(2), require the Onslow
Beach Swing Bridge to open on signal
for commercial vessels at all times; and
on signal for pleasure vessels, except
between 7 a.m. and 7 p.m., the draw
need only open on the hour and halfhour.
The U.S. Navy has hired a contractor
to sandblast and paint the bridge. This
work will utilize an encapsulation unit
that will immobilize the operation of the
swing span. To facilitate the work, the
swing span will be closed-to-navigation
each day from 11 p.m. to 9 a.m. on
October 6, 2005 until and including
November 11, 2005. At all other times,
the bridge will operate in accordance
with 33 CFR § 117.821(a)(2).
The Coast Guard has informed the
known users of the waterway of the
closure periods for the bridge so that
these vessels can arrange their transits
to minimize any impact caused by the
temporary deviation.
The District Commander has granted
a temporary deviation from the
operating requirements listed in 33 CFR
§ 117.35 for the purpose of repair
completion of the drawbridge. The
temporary deviation allows the Onslow
Beach Swing Bridge across the AICW,
mile 240.7, at Camp Lejeune, NC, to
remain closed-to-navigation each day
from 11 p.m. to 9 a.m. on October 6,
2005 until November 11, 2005.
Dated: July 22, 2005.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 05–15066 Filed 7–28–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[CGD08–05–012]
RIN 1625–AA00
Safety Zone; Outer Continental Shelf
Facility in the Gulf of Mexico for Green
Canyon 782
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone around a
petroleum and gas production facility in
Green Canyon 782 of the Outer
Continental Shelf in the Gulf of Mexico.
E:\FR\FM\29JYR1.SGM
29JYR1
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Rules and Regulations
The facility needs to be protected from
vessels operating outside the normal
shipping channels and fairways, and
placing a safety zone around this area
will significantly reduce the threat of
allisions, oil spills and releases of
natural gas. This rule prohibits all
vessels from entering or remaining in
the specified area around the facility’s
location except under specified
conditions.
DATES: This final rule is effective August
29, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD08–05–012] and are
available for inspection or copying at
Commander, Eighth Coast Guard
District (m), Hale Boggs Federal Bldg.,
500 Poydras Street, New Orleans, LA,
between 8 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (LT) Kevin Lynn, Project
Manager for Eighth Coast Guard District
Commander, Hale Boggs Federal Bldg.,
500 Poydras Street, New Orleans, LA
70130, telephone (504) 589–6271.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 23, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone; Outer Continental
Shelf Facility in the Gulf of Mexico for
Green Canyon 782’’ in the Federal
Register (70 FR 14614). We received no
comments on the proposed rule. No
public hearing was requested, and none
was held.
Background and Purpose
The Coast Guard is establishing a
safety zone around the Mad Dog Truss
Spar Platform, a petroleum and gas
production facility in the Gulf of
Mexico: Mad Dog Truss Spar Platform,
Green Canyon 782 (GC 782), located at
position 27°11′18″ N, 91°05′12″ W.
This safety zone is in the deepwater
area of the Gulf of Mexico. For the
purposes of this regulation it is
considered to be in 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 area 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
of the Gulf of Mexico also includes an
VerDate jul<14>2003
16:28 Jul 28, 2005
Jkt 205001
extensive system of fairways. The
fairway nearest the safety zone is the
Gulf Safety Fairway—Aransas Pass
Safety Fairway to Southwest Pass Safety
Fairway. Significant amounts of vessel
traffic occur in or near the various
fairways in the deepwater area.
British Petroleum Exploration and
Production, Inc., hereafter referred to as
BP, has requested that the Coast Guard
establish a safety zone in the Gulf of
Mexico around the Mad Dog Truss Spar
Platform.
The request for the safety zone was
made due to the potential for damage to
the mooring system and the platform
should vessel traffic approach too close
to the platform’s location. Information
provided by BP to the Coast Guard
indicates that the location, production
level, and personnel levels on board the
facility make it highly likely that any
allision with the facility or its mooring
system would result in a catastrophic
event.
The Coast Guard has evaluated BP’s
information and concerns against Eighth
Coast Guard District criteria developed
to determine if an Outer Continental
Shelf facility qualifies for a safety zone.
Several factors were considered to
determine the necessity of a safety zone
for the Mad Dog Truss Spar Platform
facility: (1) The facility is located
approximately 45 nautical miles south
of the Gulf Safety Fairway—Aransas
Pass Safety Fairway to Southwest Pass
Safety Fairway, (2) the facility will have
a high daily production capacity of
petroleum oil and gas per day; (3) the
facility will be manned; and (4) the
facility is a truss spar platform.
We conclude that the risk of allision
to the facility and the potential for loss
of life and damage to the environment
resulting from such an accident
warrants the establishment of this safety
zone. This rule will significantly reduce
the threat of allisions, oil spills and
natural gas releases and increase the
safety of life, property, and the
environment in the Gulf of Mexico.
Discussion of Comments and Changes
We received no comments on the
proposed rule. Therefore, we have not
made any changes in the final rule.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not significant under the
regulatory policies and procedures of
PO 00000
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Fmt 4700
Sfmt 4700
43767
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
regulatory evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The impacts on
routine navigation are expected to be
minimal because the safety zone will
not overlap any of the safety fairways
within the Gulf of Mexico.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 will not have
a significant economic impact on a
substantial number of small entities.
Since the Mad Dog Truss Spar Platform
is located far offshore, few privately
owned fishing vessels and recreational
boats/yachts operate in the area. This
rule will not impact an attending vessel
or vessels less than 100 feet in length
overall not engaged in towing. Alternate
routes are available for all other vessels
impacted by this rule. Use of an
alternate route may cause a vessel to
incur a delay of four to ten minutes in
arriving at their destinations depending
on how fast the vessel is traveling.
Therefore, the Coast Guard expects the
impact of this regulation on small
entities to be minimal.
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 to what degree this rule
would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking.
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
E:\FR\FM\29JYR1.SGM
29JYR1
43768
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Rules and Regulations
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.
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.
Collection of Information
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that Order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 or more in any one year.
Though this rule will not result in such
expenditure, we discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
Protection of Children
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.
VerDate jul<14>2003
16:28 Jul 28, 2005
Jkt 205001
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1 paragraph (34)(g), of the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
instruction, from further environmental
documentation because this rule is not
expected to result in any significant
environmental impact as described in
NEPA.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘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).
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
I
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 0170.1.
I
2. Add § 147.839 to read as follows:
§ 147.839 Mad Dog Truss Spar Platform
safety zone.
(a) Description. Mad Dog Truss Spar
Platform, Green Canyon 782 (GC 782),
located at position 27°11′18″ N,
91°05′12″ W. The area within 500
meters (1640.4 feet) from each point on
the structure’s outer edge is a safety
zone. These coordinates are based upon
[NAD 83].
(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: July 14, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–15073 Filed 7–28–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[CGD08–05–019]
RIN 1625–AA00
Safety Zone; Outer Continental Shelf
Facility in the Gulf of Mexico for
Mississippi Canyon 778
AGENCY:
E:\FR\FM\29JYR1.SGM
Coast Guard, DHS.
29JYR1
]]>Agencies
[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43766-43768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15073]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-05-012]
RIN 1625-AA00
Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico for Green Canyon 782
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone around a
petroleum and gas production facility in Green Canyon 782 of the Outer
Continental Shelf in the Gulf of Mexico.
[[Page 43767]]
The facility needs to be protected from vessels operating outside the
normal shipping channels and fairways, and placing a safety zone around
this area will significantly reduce the threat of allisions, oil spills
and releases of natural gas. This rule prohibits all vessels from
entering or remaining in the specified area around the facility's
location except under specified conditions.
DATES: This final rule is effective August 29, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-05-012] and are available for inspection or
copying at Commander, Eighth Coast Guard District (m), Hale Boggs
Federal Bldg., 500 Poydras Street, New Orleans, LA, between 8 a.m. and
3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Kevin Lynn, Project
Manager for Eighth Coast Guard District Commander, Hale Boggs Federal
Bldg., 500 Poydras Street, New Orleans, LA 70130, telephone (504) 589-
6271.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 23, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the
Gulf of Mexico for Green Canyon 782'' in the Federal Register (70 FR
14614). We received no comments on the proposed rule. No public hearing
was requested, and none was held.
Background and Purpose
The Coast Guard is establishing a safety zone around the Mad Dog
Truss Spar Platform, a petroleum and gas production facility in the
Gulf of Mexico: Mad Dog Truss Spar Platform, Green Canyon 782 (GC 782),
located at position 27[deg]11'18'' N, 91[deg]05'12'' W.
This safety zone is in the deepwater area of the Gulf of Mexico.
For the purposes of this regulation it is considered to be in 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 area 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 of the Gulf of
Mexico also includes an extensive system of fairways. The fairway
nearest the safety zone is the Gulf Safety Fairway--Aransas Pass Safety
Fairway to Southwest Pass Safety Fairway. Significant amounts of vessel
traffic occur in or near the various fairways in the deepwater area.
British Petroleum Exploration and Production, Inc., hereafter
referred to as BP, has requested that the Coast Guard establish a
safety zone in the Gulf of Mexico around the Mad Dog Truss Spar
Platform.
The request for the safety zone was made due to the potential for
damage to the mooring system and the platform should vessel traffic
approach too close to the platform's location. Information provided by
BP to the Coast Guard indicates that the location, production level,
and personnel levels on board the facility make it highly likely that
any allision with the facility or its mooring system would result in a
catastrophic event.
The Coast Guard has evaluated BP's information and concerns against
Eighth Coast Guard District criteria developed to determine if an Outer
Continental Shelf facility qualifies for a safety zone. Several factors
were considered to determine the necessity of a safety zone for the Mad
Dog Truss Spar Platform facility: (1) The facility is located
approximately 45 nautical miles south of the Gulf Safety Fairway--
Aransas Pass Safety Fairway to Southwest Pass Safety Fairway, (2) the
facility will have a high daily production capacity of petroleum oil
and gas per day; (3) the facility will be manned; and (4) the facility
is a truss spar platform.
We conclude that the risk of allision to the facility and the
potential for loss of life and damage to the environment resulting from
such an accident warrants the establishment of this safety zone. This
rule will significantly reduce the threat of allisions, oil spills and
natural gas releases and increase the safety of life, property, and the
environment in the Gulf of Mexico.
Discussion of Comments and Changes
We received no comments on the proposed rule. Therefore, we have
not made any changes in the final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not significant under the regulatory policies and procedures of
the Department of Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation under the regulatory policies and procedures
of DHS is unnecessary. The impacts on routine navigation are expected
to be minimal because the safety zone will not overlap any of the
safety fairways within the Gulf of Mexico.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 will
not have a significant economic impact on a substantial number of small
entities. Since the Mad Dog Truss Spar Platform is located far
offshore, few privately owned fishing vessels and recreational boats/
yachts operate in the area. This rule will not impact an attending
vessel or vessels less than 100 feet in length overall not engaged in
towing. Alternate routes are available for all other vessels impacted
by this rule. Use of an alternate route may cause a vessel to incur a
delay of four to ten minutes in arriving at their destinations
depending on how fast the vessel is traveling. Therefore, the Coast
Guard expects the impact of this regulation on small entities to be
minimal.
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 to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
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
[[Page 43768]]
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1 paragraph (34)(g), of the instruction, from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in NEPA.
A final ``Environmental Analysis Check List'' and a final
``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).
0
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 147.839 to read as follows:
Sec. 147.839 Mad Dog Truss Spar Platform safety zone.
(a) Description. Mad Dog Truss Spar Platform, Green Canyon 782 (GC
782), located at position 27[deg]11[min]18[sec] N,
91[deg]05[min]12[sec] W. The area within 500 meters (1640.4 feet) from
each point on the structure's outer edge is a safety zone. These
coordinates are based upon [NAD 83].
(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: July 14, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-15073 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-15-P
