Safety Zone; Olympus Tension Leg Platform, Mississippi Canyon Block 807, Outer Continental Shelf on the Gulf of Mexico, 42902-42905 [2013-17241]
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2013–0545; Directorate Identifier 2013–
NM–048–AD.
(a) Comments Due Date
We must receive comments by September
3, 2013.
(b) Affected ADs
This AD affects AD 92–19–11, Amendment
39–8369 (57 FR 53247, November 9, 1992).
(c) Applicability
This AD applies to The Boeing Company
Model 727, 727C, 727–100, 727–100C, 727–
200, and 727–200F series airplanes,
certificated in any category, having line
position 1433 through 1832 inclusive,
identified as Group 2 airplanes in Boeing
Service Bulletin 727–53–0149, Revision 4,
dated June 27, 1991.
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(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 53, Fuselage.
(e) Unsafe Condition
This AD is intended to complete certain
mandated programs intended to support the
airplane reaching its limit of validity (LOV)
of the engineering data that support the
established structural maintenance program.
We are issuing this AD to prevent cracking
in the main wheel well pressure floor, which
could result in reduced structural integrity of
the airplane, and decompression of the cabin.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Definition of Detailed Inspection
For the purposes of this AD, a detailed
inspection is an intensive examination of a
specific item, installation, or assembly to
detect damage, failure, or irregularity.
Available lighting is normally supplemented
with a direct source of good lighting at an
intensity deemed appropriate. Inspection
aids such as mirrors, magnifying lenses, etc.,
may be necessary. Surface cleaning and
elaborate procedures may be required.
(h) Inspection and Repair/Modification
At the later of the times in paragraphs
(h)(1) and (h)(2) of this AD: Do a one-time
detailed, high frequency eddy current
(HFEC), or dye penetrant inspection for
cracks in the main wheel well pressure floor
at body stations 930, 940, and 950, between
left and right buttock line 50 and the side of
the airplane body, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 727–53–0149, Revision 4,
dated June 27, 1991.
(1) Prior to the accumulation of 60,000
total flight cycles, or
(2) Within 2,500 flight cycles or 2 years
after the effective date of this AD, whichever
occurs first.
(i) Preventive Modification
If no cracks are found during the
inspection required by paragraph (h) of this
AD: Before further flight, do the preventive
modification, in accordance with Part IV of
the Accomplishment Instructions of Boeing
Service Bulletin 727–53–0149, Revision 4,
dated June 27, 1991. Doing the preventive
modification terminates the repetitive
inspections required by paragraph (d) of AD
92–19–11, Amendment 39–8369 (57 FR
53247, November 9, 1992).
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(m) Related Information
(1) For more information about this AD,
contact Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM 120L, FAA, Los
Angeles Aircraft Certification Office (ACO),
3960 Paramount Blvd., Suite 100, Lakewood,
CA 90712 4137; phone: 562–627–5324; fax:
562–672–5210; email: galib.abumeri@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com. You
may review copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington 98057–3356. For information on
the availability of this material at the FAA,
call 425–227–1221.
(j) Permanent Repair
If any crack is found during the inspection
required by paragraph (h) of this AD: Before
further flight, do the permanent repair, in
accordance with Part III of the
Accomplishment Instructions of Boeing
Service Bulletin 727–53–0149, Revision 4,
dated June 27, 1991. Doing the permanent
repair terminates the repetitive inspections
required by paragraph (d) of AD 92–19–11,
Amendment 39–8369 (57 FR 53247,
November 9, 1992).
Note (1) to paragraph (h) of this AD: If a
detailed inspection is performed, stripping
the paint will help ensure accurate
inspection results.
Issued in Renton, Washington, on July 2,
2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
(k) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (h) of this AD, if those
actions were performed before the effective
date of this AD using Boeing Service Bulletin
727–53–0149, Revision 3, dated November 2,
1989.
[Docket No. USCG–2013–0070]
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
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[FR Doc. 2013–17252 Filed 7–17–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
RIN 1625–AA00
Safety Zone; Olympus Tension Leg
Platform, Mississippi Canyon Block
807, Outer Continental Shelf on the
Gulf of Mexico
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone around the
Olympus Tension Leg Platform,
Mississippi Canyon Block 807 on the
SUMMARY:
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules
OCS. The purpose of the safety zone is
to promote the safety of life and
property on the facilities, their
appurtenances and attending vessels,
and on the adjacent waters within the
safety zones. 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
the environment.
Comments and related material
must be received by the Coast Guard on
or before August 19, 2013.
DATES:
You may submit comments
identified by docket number 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.
ADDRESSES:
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, rusty.h.wright@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
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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.
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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–2013–0070] 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 81⁄2 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–2013–0070) 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
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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
Coast Guard regulations permit the
establishment of safety zones for
facilities located on the OCS for the
purpose of protecting life, property and
the marine environment (33 CFR 147.1).
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 the
environment. The authority for this rule
is 14 U.S.C. 85, 43 U.S.C. 1333, and
Department of Homeland Security
Delegation No. 0170.1. The purpose of
the proposed rule is to protect life,
property and the marine environment.
Shell Exploration and Production
Company requested that the Coast
Guard establish a safety zone around the
Olympus Tension Leg Platform facility.
The request for the safety zone was
made due to safety concerns for vessels
operating in the area and the
environment. Shell Exploration and
Production Company indicated that it is
highly likely that any allision with the
facility would result in a catastrophic
event. In evaluating this request, 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 vessels operating in
the area and onboard the facility, (3)
concerns for the environment, (4) the
possibility 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 proposed
area, (6) the types of vessels navigating
in the vicinity of the proposed area, and
(7) the structural configuration of the
facility.
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules
C. Discussion of Proposed Rule
Results from a thorough and
comprehensive examination of the
criteria, International Maritime
Organization guidelines, and existing
regulations warrant the establishment of
a safety zone of 500 meters around the
facility. The proposed regulation would
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.
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.
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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
the Olympus Tension Leg Platform on
the OCS and its distance from both land
and safety fairways. Vessels traversing
waters near the proposed safety zone
will be able to safely travel around the
zone without incurring additional costs.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This safety
zone will not have a significant
economic impact or a substantial
number of small entities for the
following reasons: This rule will enforce
a safety zone around a facility that is in
an area of the Gulf of Mexico not
frequented by vessel traffic and is not in
close proximity to a safety fairway.
Further, vessel traffic can pass safely
around the safety zone without
incurring additional costs.
If you think that your business,
organization, or governmental
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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 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
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
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an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed 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 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 would 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
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules
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 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. A preliminary
environmental analysis checklist
supporting this determination and a
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
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
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.
■
2. Add § 147.848 to read as follows:
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§ 147.848 Olympus Tension Leg Platform
Safety Zone
(a) Description. The Olympus Tension
Leg Platform is in the deepwater area of
the Gulf of Mexico in Mississippi
Canyon Block 807B. The facility is
located at 28°9′35.59″ N, 89°14′20.86″
W. The area within 500 meters (1640.4
feet) from each point on the structure’s
outer edge and the area within 500
meters (1640.4 feet) of each of the
supply boat mooring buoys 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: June 28, 2013.
T.A. Sokalzuk,
Captain, U.S. Coast Guard, Acting
Commander, Eighth Coast Guard District.
[FR Doc. 2013–17241 Filed 7–17–13; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0760; FRL–9835–2]
Revision to the Washington State
Implementation Plan; Approval of
Motor Vehicle Emission Budgets and
Determination of Attainment for the
2006 24-Hour Fine Particulate
Standard; Tacoma-Pierce County
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
approve a request submitted by the
Washington Department of Ecology
(Ecology) dated November 28, 2012, to
establish motor vehicle emission
budgets for the Tacoma-Pierce County
Fine Particulate Matter (PM2.5)
nonattainment area to meet
transportation conformity requirements.
Under the Clean Air Act (CAA), new
transportation plans, programs, and
projects, such as the construction of
new highways, must ‘‘conform’’ to (i.e.,
be consistent with) the State
Implementation Plan (SIP). The CAA
requires federal actions in
nonattainment and maintenance areas to
‘‘conform to’’ the goals of SIP. This
means that such actions will not cause
or contribute to violations of the
National Ambient Air Quality Standards
(NAAQS), worsen the severity of an
existing violation, or delay timely
attainment of any NAAQS or any
interim milestone.
Under the Transportation Conformity
Rule, the EPA can approve motor
vehicle emission budgets based on the
most recent year of clean data if the EPA
approves the request in the rulemaking
that determines that the area has
attained the NAAQS for which the area
is designated nonattainment. In
September 2012, the EPA finalized an
attainment finding for the TacomaPierce County PM2.5 nonattainment area
(hereafter referred to as ‘‘Tacoma-Pierce
County Area’’ or ‘‘the area’’). This
finding, also called a clean data
determination, was based upon qualityassured, quality-controlled, and
certified ambient air monitoring data
showing that the area had monitored
attainment of the 2006 PM2.5 NAAQS
based on the 2009–2011 data available
in the EPA’s Air Quality System
database. This action proposes to update
the previous finding of attainment with
more recent 2010–2012 data and
proposes to approve motor vehicle
SUMMARY:
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emission budgets under the
Transportation Conformity Rule.
DATES: Written comments must be
received on or before August 19, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2012–0760, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: R10Public_Comments@epa.gov.
• Mail: Jeff Hunt, EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Jeff Hunt,
Office of Air, Waste and Toxics, AWT–
107. Such deliveries are only accepted
during normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2012–
0760. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
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]]>Agencies
[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42902-42905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17241]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2013-0070]
RIN 1625-AA00
Safety Zone; Olympus Tension Leg Platform, Mississippi Canyon
Block 807, Outer Continental Shelf on the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone around the
Olympus Tension Leg Platform, Mississippi Canyon Block 807 on the
[[Page 42903]]
OCS. The purpose of the safety zone is to promote the safety of life
and property on the facilities, their appurtenances and attending
vessels, and on the adjacent waters within the safety zones. 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 the environment.
DATES: Comments and related material must be received by the Coast
Guard on or before August 19, 2013.
ADDRESSES: You may submit comments identified by docket number 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 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 Barbara Hairston, 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-2013-0070] 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-2013-0070) 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
Coast Guard regulations permit the establishment of safety zones
for facilities located on the OCS for the purpose of protecting life,
property and the marine environment (33 CFR 147.1). 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 the environment. The authority for
this rule is 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland
Security Delegation No. 0170.1. The purpose of the proposed rule is to
protect life, property and the marine environment.
Shell Exploration and Production Company requested that the Coast
Guard establish a safety zone around the Olympus Tension Leg Platform
facility. The request for the safety zone was made due to safety
concerns for vessels operating in the area and the environment. Shell
Exploration and Production Company indicated that it is highly likely
that any allision with the facility would result in a catastrophic
event. In evaluating this request, 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 vessels operating in the area and
onboard the facility, (3) concerns for the environment, (4) the
possibility 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 proposed area, (6) the types of vessels navigating in the
vicinity of the proposed area, and (7) the structural configuration of
the facility.
[[Page 42904]]
C. Discussion of Proposed Rule
Results from a thorough and comprehensive examination of the
criteria, International Maritime Organization guidelines, and existing
regulations warrant the establishment of a safety zone of 500 meters
around the facility. The proposed regulation would 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.
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 the Olympus
Tension Leg Platform on the OCS and its distance from both land and
safety fairways. Vessels traversing waters near the proposed safety
zone will be able to safely travel around the zone without incurring
additional costs.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This safety zone will not have a significant economic
impact or a substantial number of small entities for the following
reasons: This rule will enforce a safety zone around a facility that is
in an area of the Gulf of Mexico not frequented by vessel traffic and
is not in close proximity to a safety fairway. Further, vessel traffic
can pass safely around the safety zone without incurring additional
costs.
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 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 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 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 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 would 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
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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 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. A preliminary environmental
analysis checklist supporting this determination and a 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 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; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 147.848 to read as follows:
Sec. 147.848 Olympus Tension Leg Platform Safety Zone
(a) Description. The Olympus Tension Leg Platform is in the
deepwater area of the Gulf of Mexico in Mississippi Canyon Block 807B.
The facility is located at 28[deg]9'35.59'' N, 89[deg]14'20.86'' W. The
area within 500 meters (1640.4 feet) from each point on the structure's
outer edge and the area within 500 meters (1640.4 feet) of each of the
supply boat mooring buoys 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: June 28, 2013.
T.A. Sokalzuk,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2013-17241 Filed 7-17-13; 8:45 am]
BILLING CODE 9110-04-P
