Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of Mexico, 54718-54721 [2015-22579]
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
Paperwork Reduction Act
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act, 44
U.S.C. 3501–3521. This action would
not impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Congressional Review Act
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act (CRA)). This rule will not
result in: An annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets. However, pursuant to
the CRA, the DEA has submitted a copy
of this final rule to both Houses of
Congress and to the Comptroller
General.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and Recordkeeping
Requirements.
For the reasons set out above, 21 CFR
part 1308 is amended to read as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. In § 1308.12, revise paragraph (b)(4)
to read as follows:
■
§ 1308.12
Schedule II.
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(b) * * *
(4) Coca leaves (9040) and any salt,
compound, derivative or preparation of
coca leaves (including cocaine (9041)
and ecgonine (9180) and their salts,
isomers, derivatives and salts of isomers
and derivatives), and any salt,
compound, derivative, or preparation
thereof which is chemically equivalent
or identical with any of these
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substances, except that the substances
shall not include:
(i) Decocainized coca leaves or
extraction of coca leaves, which
extractions do not contain cocaine or
ecgonine; or
(ii) [123I]ioflupane.
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Dated: September 4, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015–22919 Filed 9–10–15; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG–2015–0512]
Table of Acronyms
RIN 1625–AA00
Safety Zone; Mad Dog Truss Spar,
Green Canyon 782, Outer Continental
Shelf on the Gulf of Mexico
Coast Guard, DHS.
Interim rule and request for
comments.
AGENCY:
ACTION:
The Coast Guard published in
the Federal Register on July 29, 2005, a
final rule establishing a safety zone
around the Mad Dog Truss Spar. The
coordinates for the location of the Mad
Dog Truss Spar were published
incorrectly as 27°11′18″ N., 91°05′12″
W. This interim rule corrects the
coordinates to reflect the actual location
of the Mad Dog Truss Spar as
27°11′18.124″ N., 90°16′7.363″ W.,
therefore correctly publishing the area
covered by the safety zone around the
Mad Dog Truss Spar system, located in
Green Canyon Block 782 on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico.
DATES: This interim rule is effective
September 11, 2015. Comments and
related material must be received by the
Coast Guard on or before October 13,
2015.
SUMMARY:
You may submit comments
identified by docket number USCG–
2015–0512 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
ADDRESSES:
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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 interim 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:
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
IMO International Maritime Organization
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
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.
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0512] 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–2015–0512) 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).
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. Regulatory History and Information
The Coast Guard published in the
Federal Register of July 29, 2005, a final
rule establishing a safety zone around
the Mad Dog Truss Spar facility located
on the OCS, under 33 CFR 147.839 (see
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70 FR 43768). However, that final rule
published with the wrong latitude and
longitude for the facility location. The
July 29, 2005 final rule incorrectly
published the location as 27°11′18″ N.,
91°05′12″ W. Through this interim rule
and request for comments, the Coast
Guard is correcting the location as
published in the Code of Federal
Regulations. This interim rule
establishes the safety zone around the
corrected location and provides the
opportunity for public comment but
does so without prior notice pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice when the agency
for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not providing prior notice with
respect to this rule. Delaying this
correction to the location of the Mad
Dog OCS safety zone would also delay
necessary chart corrections.
Additionally, it is impracticable and
unnecessary to delay establishing and
publishing the correct location to
provide prior notice because the safety
zone around the Mad Dog facility is
known to those operating in the area
and omitting the notice requirement
will not result in a negative impact.
Providing the opportunity to comment
will allow for input on addressing such
a correction while the correction is
established but before it is made final.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
C. 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.
The purpose of this interim rule is to
correct the coordinates, reflecting the
actual location of the Mad Dog Truss
Spar facility at 27°11′18.124″ N.,
90°16′7.363″ W. By correcting the
location, this interim rule also reflects
the correct area covered by the safety
zone in place around the Mad Dog Truss
Spar. The purpose of the safety zone
around the Mad Dog Truss Spar is to
protect the facility from all vessels
operating outside the normal shipping
channels and fairways that are not
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providing services to or working with
the facility. Safety zones established
around such facilities significantly
reduce the threat of allisions, collisions,
security breaches, oil spills, releases of
natural gas, and thereby protect the
safety of life, property, and the
environment.
For the purpose of safety zones
established under 33 CFR part 147, the
deepwater area is considered to be
waters of 304.8 meters (1,000 feet) or
greater depth extending to the limits of
the Exclusive Economic Zone (EEZ)
contiguous to the territorial sea of the
United States and extending to a
distance up to 200 nautical miles from
the baseline from which the breadth of
the sea is measured. Navigation in the
vicinity of 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.
D. Discussion of Interim Rule
On July 29, 2005, the Coast Guard
established a safety zone under 33 CFR
147.839, around the Mad Dog Truss
Spar facility through a final rule
publishing an incorrect location for the
facility as 27°11′18″ N., 91°05′12″ W.
This interim rule corrects the
coordinates in the CFR to reflect the
actual location of 27°11′18.124″ N.,
90°16′7.363″ W., while also requesting
comments before being made final. The
original OCS safety zone and this
interim rule correcting the location are
established to address safety concerns
for both the personnel aboard the
facility and the environment. It is highly
likely that any allision with the facility
would result in a catastrophic event. In
evaluating the need for a safety zone,
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 area, (6) the
types of vessels navigating in the
vicinity of the 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 warranted
establishment of the original safety zone
and support this correction establishing
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
the corrected location for the safety zone
extending 500 meters (1640.4 feet)
around the facility. This safety zone will
reduce significantly the threat of
allisions, oil spills, and releases of
natural gas and increase the safety of
life, property, and the environment in
the Gulf of Mexico by prohibiting entry
into the zone unless specifically
authorized by the Commander, Eighth
Coast Guard District or a designated
representative.
E. Regulatory Analyses
We developed this interim 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 interim 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 Mad Dog Truss Spar—on the Outer
Continental Shelf—and its distance
from both land and safety fairways.
Vessels traversing waters near the
interim safety zone will be able to safely
travel around the zone using alternate
routes. Exceptions to this interim rule
include vessels measuring less than 100
feet in length overall and not engaged in
towing. Deviation to transit through the
interim 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 interim rule will not
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have a significant economic impact on
a substantial number of small entities.
This interim rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor within the area extending 500
meters (1640.4 feet) from the outermost
edges of the Mad Dog Truss Spar located
in Green Canyon 782 on the OCS.
This safety zone will not have a
significant economic impact on 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.
Deviation to transit through the interim
safety zone may be requested. Such
requests will be considered on a caseby-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 interim 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 interim
rule or any policy or action of the Coast
Guard.
4. Collection of Information
This interim 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
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power and responsibilities among the
various levels of government. We have
analyzed this interim 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
interim 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 interim 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 interim 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 interim 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 interim 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
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
discovery of a significant environmental
impact from this interim rule.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 147
Coast Guard
12. Energy Effects
We have analyzed this interim rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
Continental shelf, Marine safety,
Navigation (water).
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
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13. Technical Standards
This interim rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this interim 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 interim
rule involves the establishment of a
safety zone around an OCS facility to
protect life, property and the marine
environment. This interim 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
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
PART 147—SAFETY ZONES
33 CFR Part 165
[Docket No. USCG–2015–0797]
Safety Zones; Fireworks Events in
Captain of the Port New York Zone
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
■
AGENCY:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
and Department of Homeland Security
Delegation No. 0170.1.
SUMMARY:
1. The authority citation for part 147
continues to read as follows:
■
2. Revise § 147.865 to read as follows:
§ 147.839 Mad Dog Truss Spar Platform
safety zone.
(a) Description. The Mad Dog Truss
Spar system is in the deepwater area of
the Gulf of Mexico at Green Canyon 782.
The facility is located at 27°11′18.124″
N., 90°16′7.363″ 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.
Dated: August 3, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–22579 Filed 9–10–15; 8:45 am]
BILLING CODE 9110–15–P
The Coast Guard will enforce
various safety zones within the Captain
of the Port New York Zone on the
specified dates and times. This action is
necessary to ensure the safety of vessels
and spectators from hazards associated
with fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zones without
permission of the Captain of the Port
(COTP).
The regulation for the safety
zones described in 33 CFR 165.160 will
be enforced on the dates and times
listed in the table in SUPPLEMENTARY
INFORMATION.
DATES:
If
you have questions on this notice, call
or email MST1 Daniel Vazquez, Coast
Guard; telephone 718–354–4197, email
daniel.vazquez@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.160 on the
specified dates and times as indicated in
Table 1 below. This regulation was
published in the Federal Register on
November 9, 2011 (76 FR 69614).
FOR FURTHER INFORMATION CONTACT:
TABLE 1
1. Association of Indians in
America, Seaport, East
River Safety Zone, 33
CFR 165.160(4.4).
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2. Gail and Rice, Corlears,
East River Safety Zone,
33 CFR 165.160(4.3).
• Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan. A barge located in approximate
position 40°42′12.5″ N. 074°00′02″ W. (NAD 1983), approximately 200 yards east of Pier 16. This Safety Zone
is a 180-yard radius from the barge.
• Date: October 04, 2015.
• Time: 06:50 p.m.–08:10 p.m.
• Launch site: A barge located in approximate position 40°42′24″ N. 073°58′35″ W. (NAD 1983), approximately
570 yards South of Williamsburg Bridge, 250 yards West of Railroad Avenue, Corlears Hook, New York. This
Safety Zone is a 500-yard radius from the barge.
• Date: September 21, 2015.
• Time: 06:55 p.m.–09:00 p.m.
Under the provisions of 33 CFR
165.160, vessels may not enter the safety
zones unless given permission from the
COTP or a designated representative.
Spectator vessels may transit outside the
safety zones but may not anchor, block,
loiter in, or impede the transit of other
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vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
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provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts.
If the COTP determines that a safety
zone need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
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]]>Agencies
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54718-54721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22579]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2015-0512]
RIN 1625-AA00
Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer
Continental Shelf on the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard published in the Federal Register on July 29,
2005, a final rule establishing a safety zone around the Mad Dog Truss
Spar. The coordinates for the location of the Mad Dog Truss Spar were
published incorrectly as 27[deg]11'18'' N., 91[deg]05'12'' W. This
interim rule corrects the coordinates to reflect the actual location of
the Mad Dog Truss Spar as 27[deg]11'18.124'' N., 90[deg]16'7.363'' W.,
therefore correctly publishing the area covered by the safety zone
around the Mad Dog Truss Spar system, located in Green Canyon Block 782
on the Outer Continental Shelf (OCS) in the Gulf of Mexico.
DATES: This interim rule is effective September 11, 2015. Comments and
related material must be received by the Coast Guard on or before
October 13, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0512 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 interim
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
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
IMO International Maritime Organization
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 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.
[[Page 54719]]
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0512] 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-2015-0512) 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. Regulatory History and Information
The Coast Guard published in the Federal Register of July 29, 2005,
a final rule establishing a safety zone around the Mad Dog Truss Spar
facility located on the OCS, under 33 CFR 147.839 (see 70 FR 43768).
However, that final rule published with the wrong latitude and
longitude for the facility location. The July 29, 2005 final rule
incorrectly published the location as 27[deg]11'18'' N., 91[deg]05'12''
W. Through this interim rule and request for comments, the Coast Guard
is correcting the location as published in the Code of Federal
Regulations. This interim rule establishes the safety zone around the
corrected location and provides the opportunity for public comment but
does so without prior notice pursuant to authority under section 4(a)
of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not providing prior notice with respect to this rule. Delaying this
correction to the location of the Mad Dog OCS safety zone would also
delay necessary chart corrections. Additionally, it is impracticable
and unnecessary to delay establishing and publishing the correct
location to provide prior notice because the safety zone around the Mad
Dog facility is known to those operating in the area and omitting the
notice requirement will not result in a negative impact. Providing the
opportunity to comment will allow for input on addressing such a
correction while the correction is established but before it is made
final.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
C. 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. The purpose of this interim rule is to correct the
coordinates, reflecting the actual location of the Mad Dog Truss Spar
facility at 27[deg]11'18.124'' N., 90[deg]16'7.363'' W. By correcting
the location, this interim rule also reflects the correct area covered
by the safety zone in place around the Mad Dog Truss Spar. The purpose
of the safety zone around the Mad Dog Truss Spar is to protect the
facility from all vessels operating outside the normal shipping
channels and fairways that are not providing services to or working
with the facility. Safety zones established around such facilities
significantly reduce the threat of allisions, collisions, security
breaches, oil spills, releases of natural gas, and thereby protect the
safety of life, property, and the environment.
For the purpose of safety zones established under 33 CFR part 147,
the deepwater area is considered to be waters of 304.8 meters (1,000
feet) or greater depth extending to the limits of the Exclusive
Economic Zone (EEZ) contiguous to the territorial sea of the United
States and extending to a distance up to 200 nautical miles from the
baseline from which the breadth of the sea is measured. Navigation in
the vicinity of 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.
D. Discussion of Interim Rule
On July 29, 2005, the Coast Guard established a safety zone under
33 CFR 147.839, around the Mad Dog Truss Spar facility through a final
rule publishing an incorrect location for the facility as
27[deg]11'18'' N., 91[deg]05'12'' W. This interim rule corrects the
coordinates in the CFR to reflect the actual location of
27[deg]11'18.124'' N., 90[deg]16'7.363'' W., while also requesting
comments before being made final. The original OCS safety zone and this
interim rule correcting the location are established to address safety
concerns for both the personnel aboard the facility and the
environment. It is highly likely that any allision with the facility
would result in a catastrophic event. In evaluating the need for a
safety zone, 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 area, (6) the types of vessels navigating in the
vicinity of the 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 warranted establishment of the original safety
zone and support this correction establishing
[[Page 54720]]
the corrected location for the safety zone extending 500 meters (1640.4
feet) around the facility. This safety zone will reduce significantly
the threat of allisions, oil spills, and releases of natural gas and
increase the safety of life, property, and the environment in the Gulf
of Mexico by prohibiting entry into the zone unless specifically
authorized by the Commander, Eighth Coast Guard District or a
designated representative.
E. Regulatory Analyses
We developed this interim 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 interim 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 Mad Dog Truss Spar--on the Outer Continental Shelf--and
its distance from both land and safety fairways. Vessels traversing
waters near the interim safety zone will be able to safely travel
around the zone using alternate routes. Exceptions to this interim rule
include vessels measuring less than 100 feet in length overall and not
engaged in towing. Deviation to transit through the interim 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
interim rule will not have a significant economic impact on a
substantial number of small entities.
This interim rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor within the area extending 500 meters
(1640.4 feet) from the outermost edges of the Mad Dog Truss Spar
located in Green Canyon 782 on the OCS.
This safety zone will not have a significant economic impact on 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. Deviation to transit through the interim
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 interim 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 interim rule or any policy or
action of the Coast Guard.
4. Collection of Information
This interim 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 interim 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 interim 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 interim 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 interim 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 interim 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 interim 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
[[Page 54721]]
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this interim rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This interim rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this interim 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 interim rule involves the
establishment of a safety zone around an OCS facility to protect life,
property and the marine environment. This interim 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 docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this interim 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 amends
33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 147.865 to read as follows:
Sec. 147.839 Mad Dog Truss Spar Platform safety zone.
(a) Description. The Mad Dog Truss Spar system is in the deepwater
area of the Gulf of Mexico at Green Canyon 782. The facility is located
at 27[deg]11'18.124'' N., 90[deg]16'7.363'' 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.
Dated: August 3, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-22579 Filed 9-10-15; 8:45 am]
BILLING CODE 9110-15-P
