Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon Block 724, Outer Continental Shelf on the Gulf of Mexico, 29095-29098 [2014-11567]
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Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations
29095
TABLE 1 TO § 165.151—Continued
• Location: Waters of the Great South Bay off The Pines, East Fire Island, NY within 600 feet on the fireworks barge located in approximate position 40°40′07.47″ N, 073°04′31.73″ W (NAD 83).
9
September
9.1
East Hampton Fire Department Fireworks ......................................
•
•
•
•
Date: August 30, 2014.
Rain Date: August 31, 2014.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters off Main Beach, East Hampton, NY within 1000
feet of the fireworks launch site located in approximate position
40°56′44″ N, 072°11′17″ W (NAD 83).
9.4
The Creek Fireworks .......................................................................
•
•
•
•
Date: August 30, 2014.
Rain Dates: August 31, 2014 or September 6, 2014.
Time: 7:30 p.m. to 10:30 p.m.
Location: Waters of Long Island Sound off the Creek Golf Course,
Lattingtown, NY within 600 feet of the fireworks launch site located in
approximate position 40°54′13’’ N 073°35′58’’ W (NAD 83).
Under the provisions of 33 CFR
100.100 and 33 CFR 165.151, the regatta
and fireworks displays listed above in
DATES are established as a special local
regulation or safety zones. During the
enforcement periods, persons and
vessels are prohibited from entering
into, transiting through, mooring, or
anchoring within the regulated area or
safety zone unless they receive
permission from the COTP or
designated representative.
This notice is issued under authority
of 33 CFR 100 and 33 CFR 165 and 5
U.S.C. 552 (a). In addition to this notice
in the Federal Register, the Coast Guard
will provide the maritime community
with advance notification of this
enforcement period via the Local Notice
to Mariners or marine information
broadcasts. If the COTP determines that
the regulated area or safety zone need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area or
safety zone.
Dated: May 1, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–11564 Filed 5–20–14; 8:45 am]
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BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG–2014–0242]
RIN 1625–AA00
Safety Zone; Gulfstar 1 SPAR,
Mississippi Canyon Block 724, Outer
Continental Shelf on the Gulf of Mexico
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes a
safety zone around the Gulfstar 1 SPAR,
Mississippi Canyon Block 724 on the
Outer Continental Shelf (OCS) in the
Gulf of Mexico. The purpose of the
safety zone is to protect the facility from
vessels operating outside the normal
shipping channels and fairways. 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 June 20, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–0242 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.,
SUMMARY:
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Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
USCG United States Coast Guard
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to 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
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Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations
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–2014–0242] 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–2014–0242) 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.
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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).
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4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one by using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
Under the authority provided in 14
U.S.C. 85, 43 U.S.C. 1333, and
Department of Homeland Security
Delegation No. 0170.1, Title 33, CFR
Part 147 permits the establishment of
safety zones for facilities located on the
OCS for the purpose of protecting life,
property and the marine environment.
Williams Midstream requested that the
Coast Guard establish a safety zone
around its facility located in the
deepwater area of the Gulf of Mexico on
the OCS. Placing a safety zone around
this 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 safety zone proposed by this
rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico in
Mississippi Canyon Block 724 with a
center point at 28°14′05.904″ N
88°59′43.306″ W. For the purpose of
safety zones established under 33 CFR
Part 147, the deepwater area is
considered to be waters of 304.8 meters
(1,000 feet) or greater depth extending to
the limits of the Exclusive Economic
Zone (EEZ) contiguous to the territorial
sea of the United States and extending
to a distance up to 200 nautical miles
from the baseline from which the
breadth of the sea is measured.
Navigation in the vicinity of the safety
zone consists of large commercial
shipping vessels, fishing vessels, cruise
ships, tugs with tows and the occasional
recreational vessel. The deepwater area
also includes an extensive system of
fairways.
C. Discussion of Proposed Rule
Williams Midstream requested that
the Coast Guard establish a safety zone
extending 500 meters from each point
on the Gulfstar 1 SPAR facility
structure’s outermost edge. The request
for the safety zone was made due to
safety concerns for both the personnel
aboard the facility and the environment.
Williams Midstream indicated that it is
highly likely that any allision with the
facility would result in a catastrophic
event. In evaluating this request, the
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Coast Guard explored relevant safety
factors and considered several criteria,
including but not limited to, (1) the
level of shipping activity around the
facility, (2) safety concerns for
personnel aboard the facility, (3)
concerns for the environment, (4) the
likeliness that an allision would result
in a catastrophic event based on
proximity to shipping fairways,
offloading operations, production levels,
and size of the crew, (5) the volume of
traffic in the vicinity of the proposed
area, (6) the types of vessels navigating
in the vicinity of the proposed area, and
(7) the structural configuration of the
facility.
Results from a thorough and
comprehensive examination of the
criteria, International Maritime
Organization (IMO) guidelines, and
existing regulations warrant the
establishment of a safety zone of 500
meters around the facility. The
proposed safety zone 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 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
the Gulfstar 1 SPAR—on the Outer
Continental Shelf—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 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 the
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proposed 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.
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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 will 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 Mississippi Canyon Block
724.
This safety zone will not have a
significant economic impact or a
substantial number of small entities for
the following reasons: Vessel traffic can
pass safely around the safety zone using
alternate routes. Based on the limited
scope of the safety zone, any delay
resulting from using an alternate route
is expected to be minimal depending on
vessel traffic and speed in the area.
Additionally, exceptions to this
proposed rule include vessels
measuring less than 100 feet in length
overall and not engaged in towing.
Deviation to transit through the
proposed safety zone may be requested.
Such requests will be considered on a
case-by-case basis and may be
authorized by the Commander, Eighth
Coast Guard District or a designated
representative.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
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concerning its provisions or options for
compliance, please submit a comment
(see ADDRESSES) explaining why you
think it qualifies and how and to what
degree this rule would economically
affect it.
The Coast Guard will not retaliate
against small entities that question or
complain about this proposed rule or
any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
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
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29097
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 have
made a preliminary determination that
this action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of a
safety zone around an OCS facility to
protect life, property and the marine
environment. This proposed rule is
categorical excluded from further
review, under figure 2–1, paragraph
(34)(g), of the Commandant Instruction.
A preliminary environmental analysis
checklist supporting this determination
and the Categorical Exclusion
Determination are available in the
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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;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Add § 147.859 to read as follows:
§ 147.859
Zone.
Gulfstar 1 SPAR Facility Safety
(a) Description. The Gulfstar 1 Spar is
in the deepwater area of the Gulf of
Mexico at Mississippi Canyon Block
724. The facility is located at
28°14′05.904″ N, 88°59′43.306″ 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: April 25, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2014–11567 Filed 5–20–14; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0282]
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Safety Zone; Fourth of July Fireworks,
Berkeley Marina, San Francisco Bay,
Berkeley, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Berkeley Marina
Fourth of July Fireworks display in the
Captain of the Port, San Francisco area
SUMMARY:
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of responsibility on July 4, 2014, from
9:30 p.m. to 10:30 p.m. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191, Table 1, Item number 8 will
be enforced from 9:30 p.m. to 10:30 p.m.
on July 4, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Junior Grade
William Hawn, U.S. Coast Guard Sector
San Francisco; telephone (415) 399–
7442 or email at D11-PF-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a 1,000 foot safety
zone around the Berkeley Pier in
approximate position 37°51′40″ N,
122°19′19″ W (NAD 83) from 9:30 p.m.
until 10:30 p.m. on July 4, 2014. Upon
the commencement of the 60 minute
fireworks display, scheduled to begin at
9:30 p.m. on July 4, 2014, the safety
zone will encompass the navigable
waters around and under the Berkeley
Pier within a radius 1,000 feet in
approximate position 37°51′40″ N,
122°19′19″ W (NAD 83) for the Fourth
of July Fireworks, Berkeley Marina in 33
CFR 165.1191, Table 1, Item number 8.
At the conclusion of the fireworks
display the safety zone shall terminate.
This safety zone will be in effect from
9:30 p.m. to 10:30 p.m. on July 4, 2014.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of the safety zone
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and its enforcement period via the Local
Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: April 24, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2014–11792 Filed 5–20–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0227]
Safety Zone; Fourth of July Fireworks,
Redwood City, Redwood City Harbor,
Redwood City, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Redwood City
Fourth of July Fireworks display in the
Captain of the Port, San Francisco area
of responsibility on July 4, 2014, from
9:30 p.m. to 10 p.m. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191, Table 1, Item number 6 will
be enforced from 9:30 p.m. to 10 p.m.
on July 4, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Junior Grade
William Hawn, U.S. Coast Guard Sector
San Francisco; telephone (415) 399–
7442 or email at D11-PF-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
established in 33 CFR 165.1191, Table 1,
Item number 6 on July 4, 2014. Upon
commencement of the 30 minute
fireworks display, scheduled to begin at
9:30 p.m. on July 4, 2014, the safety
zone will encompass the navigable
waters surrounding the land based
launch site on the pier located in
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29095-29098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11567]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2014-0242]
RIN 1625-AA00
Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon Block 724, 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 a safety zone around the Gulfstar 1
SPAR, Mississippi Canyon Block 724 on the Outer Continental Shelf (OCS)
in the Gulf of Mexico. The purpose of the safety zone is to protect the
facility from vessels operating outside the normal shipping channels
and fairways. 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 June 20, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0242 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 instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
USCG United States Coast Guard
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to 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
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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-2014-0242] 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-2014-0242) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one by using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
Under the authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and
Department of Homeland Security Delegation No. 0170.1, Title 33, CFR
Part 147 permits the establishment of safety zones for facilities
located on the OCS for the purpose of protecting life, property and the
marine environment. Williams Midstream requested that the Coast Guard
establish a safety zone around its facility located in the deepwater
area of the Gulf of Mexico on the OCS. Placing a safety zone around
this 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 safety zone proposed by this rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico in Mississippi Canyon Block 724
with a center point at 28[deg]14'05.904'' N 88[deg]59'43.306'' W. For
the purpose of safety zones established under 33 CFR Part 147, the
deepwater area is considered to be waters of 304.8 meters (1,000 feet)
or greater depth extending to the limits of the Exclusive Economic Zone
(EEZ) contiguous to the territorial sea of the United States and
extending to a distance up to 200 nautical miles from the baseline from
which the breadth of the sea is measured. Navigation in the vicinity of
the safety zone consists of large commercial shipping vessels, fishing
vessels, cruise ships, tugs with tows and the occasional recreational
vessel. The deepwater area also includes an extensive system of
fairways.
C. Discussion of Proposed Rule
Williams Midstream requested that the Coast Guard establish a
safety zone extending 500 meters from each point on the Gulfstar 1 SPAR
facility structure's outermost edge. The request for the safety zone
was made due to safety concerns for both the personnel aboard the
facility and the environment. Williams Midstream 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 the facility,
(3) concerns for the environment, (4) the likeliness that an allision
would result in a catastrophic event based on proximity to shipping
fairways, offloading operations, production levels, and size of the
crew, (5) the volume of traffic in the vicinity of the proposed area,
(6) the types of vessels navigating in the vicinity of the proposed
area, and (7) the structural configuration of the facility.
Results from a thorough and comprehensive examination of the
criteria, International Maritime Organization (IMO) guidelines, and
existing regulations warrant the establishment of a safety zone of 500
meters around the facility. The proposed safety zone 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 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 the Gulfstar 1 SPAR--on the Outer Continental Shelf--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 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 the
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proposed 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 will 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 Mississippi Canyon Block 724.
This safety zone will not have a significant economic impact or a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the safety zone using alternate routes.
Based on the limited scope of the safety zone, any delay resulting from
using an alternate route is expected to be minimal depending on vessel
traffic and speed in the area. Additionally, exceptions to this
proposed rule include vessels measuring less than 100 feet in length
overall and not engaged in towing. Deviation to transit through the
proposed safety zone may be requested. Such requests will be considered
on a case-by-case basis and may be authorized by the Commander, Eighth
Coast Guard District or a designated representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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 submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this 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 have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of a safety zone around an OCS facility to protect life,
property and the marine environment. This proposed rule is categorical
excluded from further review, under figure 2-1, paragraph (34)(g), of
the Commandant Instruction. A preliminary environmental analysis
checklist supporting this determination and the Categorical Exclusion
Determination are available in the
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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. 147.859 to read as follows:
Sec. 147.859 Gulfstar 1 SPAR Facility Safety Zone.
(a) Description. The Gulfstar 1 Spar is in the deepwater area of
the Gulf of Mexico at Mississippi Canyon Block 724. The facility is
located at 28[deg]14'05.904'' N, 88[deg]59'43.306'' 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: April 25, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-11567 Filed 5-20-14; 8:45 am]
BILLING CODE 4910-15-P
