[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26091-26094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10945]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2010-0337]
RIN 1625-AA00
Safety Zone; Riser for DEEPWATER HORIZON at Mississippi Canyon
252 Outer Continental Shelf MODU in the Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around the riser
for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), at
Mississippi Canyon 252 in the Outer Continental Shelf. The safety zone
is needed to protect personnel involved in oil pollution response
efforts. Placing a safety zone around the riser will significantly
reduce the threat of collisions, oil spills, and releases of natural
gas, and thereby protect the safety of life, property, and the
environment. Oil response efforts are
[[Page 26092]]
taking place on the water's surface and subsurface.
DATES: Effective Date: This rule is effective in the CFR on May 11,
2010 through May 26, 2010. This rule is effective with actual notice
for purposes of enforcement on April 26, 2010. This rule will remain in
effect until May 26, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0337 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0337 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Dr. Madeleine McNamara, U.S. Coast
Guard, District Eight Waterways Management Coordinator; telephone 504-
671-2103, [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 would be impracticable to do so,
as the MODU is on fire and immediate action is necessary to protect
first responders and to prevent entry into the area that is most
impacted by the fire.
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. Good cause exists because the MODU
is on fire and immediate action is necessary to protect first
responders and to prevent entry into the area that is most impacted by
the fire.
Background and Purpose
The Coast Guard is establishing a safety zone in the deepwater area
of the Gulf of Mexico in response to the sinking of the DEEPWATER
HORIZON, a Mobile Offshore Drilling Unit (MODU), which has sunk in the
deepwater area of the Gulf of Mexico near Mississippi Canyon 252.
The safety zone is located in the location of the riser attached to
the seabed of the Outer Continental Shelf. The purpose of the safety
zone is to protect both environmental responders and the environment.
Efforts are underway to activate the blowout preventer using
submersible remote operating vehicles. In evaluating the need for the
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 proposed area, (6) the types of vessels navigating
in the vicinity of the proposed area, and (7) the structural
configuration of the facility. We have determined that a safety zone is
needed to protect persons and vessels in the vicinity of the oil spill.
Discussion of Rule
The Coast Guard is establishing a safety zone encompassing all
areas within 500 meters around the position 28-44-18N and 088-21-54W.
The safety zone is located in the deepwater area of the Gulf of Mexico
near Mississippi Canyon 252. For the purpose 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. The deepwater area also
includes an extensive system of fairways. 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.
Results from a thorough and comprehensive examination of the
criteria, IMO guidelines, and existing regulations warrant the
establishment of a safety zone of 500 meters around the position 28-44-
18N and 088-21-54W. The regulation will reduce significantly the threat
of collisions, 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.
In accordance with the general regulations located at 33 CFR 147,
entry into this zone is prohibited unless specifically authorized by
the Commander, Eighth Coast Guard District or a designated
representative. They may be contacted on VHF-FM Channel 13 or 16 or by
telephone at 504-589-6225.
Regulatory Analyses
We developed this 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 riser for the MODU DEEPWATER HORIZON--on the Outer
Continental Shelf--and its distance from both land and safety fairways.
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
might be small entities: The owners or operators of
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vessels intending to transit or anchor in Mississippi Canyon block 252.
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 MODU 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.
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 (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.
Taking of Private Property
This rule will 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.
Civil Justice Reform
This 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.
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 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 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
Pursuant to paragraph (34)(g) of the Instruction, an environmental
analysis checklist and a categorical exclusion determination will be
available in the future 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.T08-849 to read as follows:
Sec. 147.T08-849 DEEPWATER HORIZON Mobile Offshore Drilling Unit
Safety Zone.
(a) Location. All areas within 500 meters (1640.4 feet) around the
position of the riser at 28-44-18N and 088-21-54W is a safety zone.
This area surrounds the DEEPWATER HORIZON, a Mobile Offshore Drilling
Unit (MODU), has sunk in the deepwater area
[[Page 26094]]
of the Gulf of Mexico near Mississippi Canyon 252.
(b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(1) An attending or first response vessel; or
(2) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.
Dated: 26 April 2010.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-10945 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P