[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Rules and Regulations]
[Page 7181-7184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe09-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2008-1051]
RIN 1625-AA00
Safety Zone; Perdido Regional Host Outer Continental Shelf
Platform in the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone around the
Perdido Regional Host (PRH), a high-production, manned oil and natural
gas platform. The platform needs to be protected from vessels operating
outside the normal shipping channels and fairways. Placing a safety
zone around the platform 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.
[[Page 7182]]
DATES: This interim rule is effective February 13, 2009. Comments and
related material must reach the Docket Management Facility no later
than April 14, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-1051 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call Lieutenant Junior Grade Wes Geyer, Waterways Management
Division, U.S. Coast Guard Sector Corpus Christi, (361) 888-3162. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
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 http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1051), 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, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address or a phone 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 http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-1051'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. 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 them 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 this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1051 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the U.S. Coast Guard
Sector Corpus Christi office located at 555 N. Carancahua St., Suite
500, Corpus Christi, TX 78478 between 8 a.m. and 3:30 p.m., Monday
through Friday except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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.
Regulatory Information
The Coast Guard is issuing this interim 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)(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 in the best interest of the
public to ensure, to the extent practicable the threat of allisions,
oil spills, and releases of natural gas, and thereby protect the safety
of life, property, and the environment. For those 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.
Background and Purpose
The safety zone established by this regulation is in the deepwater
area of the Gulf of Mexico, located at 26[deg]07[min]44[sec] N,
094[deg]53[min]53[sec] W. For the purposes of this regulation, 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 area 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. Shell Offshore, Inc. requested that the Coast Guard establish
a safety zone around the Perdido Regional Host. The request for the
safety zone was made due to the safety concerns for both the personnel
aboard the platforms and the environment. Shell Offshore, Inc.
indicated that the location, production level, and personnel levels on
board the platform make it likely that an allision with the platform
would result in a catastrophic event. Perdido Regional Host is a high
production oil and gas drilling platform producing from 100,000 barrels
of oil per day, 200 million standard cubic feet of gas per day, and is
manned with a crew of
[[Page 7183]]
approximately 150 people. The Coast Guard has reviewed Shell Offshore
Inc.'s concerns and agrees that the risk of allision to the platforms
and the potential for loss of life and damage to the environment
resulting from such an accident warrants the establishment of this
safety zone. The regulation would significantly reduce 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
Captain of the Port Corpus Christi or a designated representative.
Because this safety zone could affect the routes of commercial
fishermen and other vessels, we are interested in receiving comments as
to how this may affect trade and fishing in the area before issuing a
final rule.
Discussion of the Interim Rule
The Coast Guard is establishing a safety zone in the deepwater area
of the Gulf of Mexico, located at 26[deg]07[min]44[sec] N,
094[deg]53[min]53[sec] W. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Corpus Christi or a
designated representative. Persons or vessels requiring entry into or
passage through must request permission from the Captain of the Port
Corpus Christi or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16 or by telephone at (361) 939-6393.
Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This rule is not a significant regulatory action due to the
location of the Perdido Regional Host--on the Outer Continental Shelf--
and its distance from both land and safety fairways. Because of the
location and distance of the Perdido Regional Host vessels traversing
waters near the safety zone will be able to safely travel around the
zone without incurring additional costs.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in Alaminos Canyon block 856.
This safety zone will not have a significant economic impact or a
substantial number of small entities for the following reasons: This
rule will enforce a safety zone around a production platform that is in
an area of the Gulf of Mexico not frequented by vessel traffic and is
not in close proximity to a safety fairway. Further, vessel traffic can
pass safely around the safety zone without incurring additional costs.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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
[[Page 7184]]
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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 concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation since implementation of this action will
not result in any significant cumulative impacts on the human
environment; does not involve a substantial change to existing
environmental conditions; and is consistent with Federal, State and/or
local laws or administrative determinations relating to the
environment.
An environmental analysis checklist and a categorical exclusion
determination will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
0
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. 147.845 to read as follows:
Sec. 147.845 Perdido Regional Host safety zone.
(a) Description. The Perdido Regional Host is located at position
26[deg]07'44'' N, 094[deg]53'53'' W. The area within 500 meters (1640.4
feet) from each point on the structure's outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone
except:
(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 31, 2008.
J.H. Korn,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District.
Editorial Note: This document was received in the Office of the
Federal Register on Tuesday, February 10, 2009.
[FR Doc. E9-3124 Filed 2-12-09; 8:45 am]
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