
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71942-71944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29448]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0320]
RIN 1625-AA00


Safety Zone; Titan SPAR, Mississippi Canyon 941, Outer 
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the Titan 
SPAR system, located in Mississippi Canyon Block 941 on the Outer 
Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the 
safety zone 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. Placing a safety 
zone around the facility will 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.

DATES: This rule is effective December 18, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0320 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight 
Waterways Management Branch; telephone 504-671-2138, 
rusty.h.wright@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
SPAR A large diameter, vertical cylinder supporting a deck
USCG United States Coast Guard

II. Background Information and Regulatory History

    Bennu Oil and Gas requested that the Coast Guard establish a safety 
zone extending 500 meters (1640.4 feet) from each point on the Titan 
SPAR facility structure's outermost edge located in the deepwater area 
of the Gulf of Mexico on the OCS. The purpose of the safety zone 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. Therefore, on July 24, 2015 we published a 
NPRM with a request for comments entitled, ``Safety Zones: Titan SPAR, 
Mississippi Canyon 941, Outer Continental Shelf on the Gulf of Mexico'' 
in the Federal Register (80 FR 43998). We received no comments on the 
NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C. 
85, 43 U.S.C. 1333, Department of Homeland Security Delegation No. 
0170.1, and Title 33, CFR part 147, which collectively permit the 
establishment of safety zones for facilities located on the OCS for the 
purpose of protecting life, property and the marine environment. The 
Coast Guard has determined that a

[[Page 71943]]

safety zone is necessary 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. The purpose of 
the rule is to significantly reduce the threat of allisions, oil 
spills, and releases of natural gas, and thereby protect the safety of 
life, property, and the environment.
    For the purpose of safety zones established under 33 CFR part 147, 
the deepwater area is considered to be waters of 304.8 meters (1,000 
feet) or greater depth extending to the limits of the Exclusive 
Economic Zone (EEZ) contiguous to the territorial sea of the United 
States and extending to a distance up to 200 nautical miles from the 
baseline from which the breadth of the sea is measured. Navigation in 
the vicinity of 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.

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, we received no comments on our NPRM published July 
24, 2015. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone extending 500 meters (1640.4 
feet) from each point on the Titan SPAR facility structure's outermost 
edge. No vessel, except those attending the facility, or those less 
than 100 feet in length and not engaged in towing will be permitted to 
enter the safety zone without obtaining permission from Commander, 
Eighth Coast Guard District or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This rule is not a significant regulatory action due to the 
location of the Titan SPAR--on the Outer Continental Shelf--and its 
distance from both land and safety fairways. Vessel traffic can pass 
safely around the safety zone using alternate routes. Exceptions to 
this rule include vessels measuring less than 100 feet in length 
overall and not engaged in towing. Deviation to transit through the 
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.

B. 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 received 0 comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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

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(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone 
around an OCS Facility to protect life, property and the marine 
environment. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. The 
environmental analysis checklist supporting this determination and 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

G. 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.

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. Add Sec.  147.865 to read as follows:


Sec.  147.865  Titan SPAR Facility Safety Zone.

    (a) Description. The Titan SPAR system is in the deepwater area of 
the Gulf of Mexico at Mississippi Canyon 941. The facility is located 
at 28[deg]02'02'' N. 89[deg]06'04'' 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: October 27, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-29448 Filed 11-17-15; 8:45 am]
BILLING CODE 9110-04-P


