[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 55970-55972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23008]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2010-0857]
RIN 1625-AA00
Safety Zone; VERMILION 380A at Block 380 Outer Continental Shelf
Fixed Platform 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 VERMILION
380A, a fixed platform, at Block 380 in the Outer Continental Shelf,
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed
platform is on fire and the safety zone is needed to protect first
responders attending to the fire and platform. Placing a safety zone
around the platform will significantly reduce the threat of collisions,
allisions, oil spills, and releases of natural gas, and thereby protect
the safety of life, property, and the environment.
DATES: This rule is effective in the CFR on September 15, 2010 through
November 10, 2010. This rule is effective with actual notice for
purposes of enforcement on September 2, 2010. This rule will remain in
effect through November 10, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0857 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0857 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
[[Page 55971]]
McNamara, U.S. Coast Guard, District Eight Waterways Management
Coordinator; telephone 504-671-2103, madeleine.w.mcnamara @uscg.mil. 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 is impracticable. The platform 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
platform 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.
Basis and Purpose
The Coast Guard is responding to an emergency at the VERMILION
380A, a fixed platform, at Block 380 in the Outer Continental Shelf,
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed
platform is on fire and the safety zone is needed to protect first
responders attending to the fire and platform.
Discussion of Rule
The Coast Guard is establishing a safety zone of 500 meters around
the center of the fixed platform at 28[deg]3'0.601'' N,
92[deg]16'0.272'' W. The regulation is effected to 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. 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.
The safety zone established by this regulation is in or near the
deepwater area of the Gulf of Mexico in Block 380. For the purposes of
this regulation, a 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.
The Coast Guard is establishing a safety zone around the VERMILION
380A which is a fixed platform for operational use in production. The
safety zone is established due to safety concerns for both first
responders and the environment. In evaluating this request, 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.
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 VERMILION 380A--on the Outer Continental Shelf--and its
distance from both land and safety fairways. Vessels traversing waters
near the proposed 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 proposed rule would affect the following entities, some
of which might be small entities: The owners or operators of vessels
intending to transit or anchor in or around Vermilion Block 380 in the
Gulf of Mexico.
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 fixed 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
[[Page 55972]]
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.
Due to the emergency nature of this regulation, an environmental
analysis checklist and a categorical exclusion determination will be
available in the docket where indicated under ADDRESSES.
List of Subjects
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. T147.857 to read as follows:
Sec. T147.857 VERMILION 380A Fixed Platform Safety Zone.
(a) Description. The VERMILION 380A, a Fixed Platform, is in the
deepwater area of the Gulf of Mexico at Vermilion Block 380. The area
within 500 meters (1640.4 feet) around a center point at
28[deg]3'0.601'' N, 92[deg]16'0.272'' W is a safety zone.
(b) Effective Date and Enforcement. This rule is effective from
September 2, 2010 through November 10, 2010. This rule is effective
with actual notice for purposes of enforcement on September 2, 2010 and
will remain in effect through November 10, 2010.
(C) Regulation. No vessel may enter or remain in this safety zone
except the following:
(1) An attending or first response 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 or a designated representative.
Dated: September 2, 2010.
David Nichols,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2010-23008 Filed 9-14-10; 8:45 am]
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