Safety Zone; Containment Installation, South of New Orleans, LA, Gulf of Mexico
| Published date | 01 February 2019 |
| Citation | 84 FR 969 |
| Record Number | 2019-00511 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 22 (Friday, February 1, 2019)
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 969-971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00511]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0030]
RIN 1625-AA00
Safety Zone; Containment Installation, South of New Orleans, LA,
Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the vessels OCEAN PATRIOT and ROSS CANDIES operating in the
Mississippi Canyon Block 20 in the Gulf of Mexico. The safety zone
encompasses all navigable waters within a 500-yard radius of the
vessels. The safety zone is needed to protect persons, vessels, and the
marine environment from hazards associated with the vessels' limited
maneuverability during installation of a containment system. Persons
and vessels are prohibited from entering or remaining in this zone
unless specifically authorized by the Captain of the Port Sector New
Orleans or a designated representative.
DATES: This rule is effective from 6 a.m. on February 14, 2019, through
8 p.m. on March 14, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0030 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2281, email
Benjamin.P.Morgan@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment 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 and
opportunity to comment 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. We must
establish this safety zone by February 14, 2019, and we lack sufficient
time to provide a reasonable comment period and then
[[Page 970]]
consider those comments before issuing the rule.
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. Delaying the effective date of
this rule would be contrary to the public interest because the safety
zone is necessary to respond to potential hazards associated with sub-
surface containment installation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector New Orleans (COTP) has determined
that a temporary moving safety zone is necessary to provide for the
safety of persons, vessels, and the marine environment during sub-
surface containment installation operations in the vicinity of the
Mississippi Canyon Block 20. Potential hazards include risk of injury
or pollution if normal vessel traffic were to interfere with the
vessel's movement or deployed equipment. The containment installations
are scheduled to take place from 6 a.m. on February 14, 2019, through 8
p.m. on March 14, 2019, in the navigable waters of the Mississippi
Canyon Block 20, South of New Orleans, LA, in the Gulf of Mexico. This
rule is needed to protect persons, vessels, and the marine environment
from hazards associated with the vessels' limited maneuverability
during deployment of underwater equipment and containment installation.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone from 6 a.m. on
February 14, 2019 through 8 p.m. on March 14, 2019. The safety zone
will cover all navigable waters within 500 yards of the vessels, OCEAN
PATRIOT and ROSS CANDIES, and equipment being used by personnel to
conduct sub-surface containment installation in Mississippi Canyon
Block 20, South of New Orleans, LA, in the Gulf of Mexico. The duration
of the zone is intended to protect persons, vessels, and the marine
environment on these navigable waters while installation is being
conducted. No vessel or person will be permitted to enter or remain in
the safety zone without obtaining permission from the COTP or a
designated representative. The COTP or designated representative may be
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
Persons and vessels permitted to enter this safety zone must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will restrict vessel traffic from entering or remaining within a
500-yard area around vessels OCEAN PATRIOT and ROSS CANDIES for
approximately thirty days while these vessels conduct sub-surface
containment installation activities in Mississippi Canyon Block 20.
Other vessels can safely transit around the zone, which impacts a small
area of the Gulf of Mexico. Moreover, the Coast Guard will issue BNMs
via VHF-FM marine channel 16 about the zone, and the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 rule
will 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 Governments
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes,
[[Page 971]]
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
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined 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
a safety zone lasting approximately 30 days that will prohibit entry
within 500 yards of the vessels being used for sub-surface containment
installation. It is categorically excluded from further review under
paragraph L(60)a of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination will be made 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0030 to read as follows:
Sec. 165.T08-0030 Safety Zone; Mississippi Canyon Block 20, South of
New Orleans, LA, Gulf of Mexico.
(a) Location. The following area is a safety zone: All navigable
waters within a 500-yard radius around the vessels, OCEAN PATRIOT and
ROSS CANDIES, in Mississippi Canyon Block 20, South of New Orleans, LA,
in the Gulf of Mexico.
(b) Effective period. This section is effective from 6 a.m. on
February 14, 2019, through 8 p.m. on March 14, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into or remaining within this zone is prohibited
unless authorized by the Captain of the Port Sector New Orleans (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: January 28, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-00511 Filed 1-31-19; 8:45 am]
BILLING CODE 9110-04-P
