[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Rules and Regulations]
[Pages 19880-19882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8735]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2009-0571]
RIN 1625-AA00
Safety Zone; BW PIONEER at Walker Ridge 249, Outer Continental
Shelf FPSO, 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 BW
PIONEER, a Floating Production, Storage and Offloading (FPSO) system,
at Walker Ridge 249 in the Outer Continental Shelf. The purpose of the
safety zone is to protect the FPSO from vessels operating outside the
normal shipping channels and fairways. Placing a safety zone around the
FPSO significantly reduces the threat of allisions, oil spills, and
releases of natural gas, and thereby protects the safety of life,
property, and the environment.
DATES: This rule is effective May 17, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0571 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0571 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 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
On August 24, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; BW PIONEER at Walker Ridge 249, Outer
Continental Shelf FPSO, Gulf of Mexico in the Federal Register (74 FR
42612). We received no comments on the proposed rule. No public meeting
was requested and none was held.
Basis and Purpose
The Coast Guard is establishing a safety zone of 500 meters around
the stern of the FPSO when it is moored to the turret buoy. If the FPSO
detaches from the turret buoy, the safety zone of 500 meters is
measured from the center point at 26[deg]41'46.25'' N and
090[deg]30'30.16'' W. This action is based on a thorough and
comprehensive examination of the criteria established by the Eighth
District, IMO guidelines, and existing regulations. The FPSO can swing
in a 360 degree arc around the center point. The safety zone will
reduce significantly 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 Commander, Eighth Coast Guard
District.
The safety zone established by this regulation is in the deepwater
area of the Gulf of Mexico in Walker Ridge 249 with a center point at
26[deg]41'46.25'' N and 090[deg]30'30.16'' W. 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
[[Page 19881]]
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.
Background
Petrobras America Inc. requested the Coast Guard establish a safety
zone around the FPSO BW PIONEER which is an offshore production
facility that is typically ship-shaped and stores crude oil in tanks
located in the hull of the vessel. It will attach to a moored turret
buoy and move in a 360 degree arc around the position
26[deg]41[min]46.25[sec] N and 090[deg]30[min]30.16[sec] W. The turret
buoy is detachable which allows the FPSO to disconnect while the buoy
and turret drop below the water's surface to a predetermined depth. The
FPSO has a capacity for storing 500,000 barrels of produced oil which
is expected to be offloaded on a weekly basis via a floating hose that
connects the FPSO to a shuttle tanker. During offloading operations, a
shuttle tanker will connect its bow to the FPSO BW PIONEER and its
stern to an attendant tug that will assist with safety spacing and
stability of the operations. The facility is manned with a crew of 80
people.
The request for the safety zone was made due to safety concerns for
both the personnel aboard the facility and the environment. Petrobras
America Inc. indicated that it is highly likely that any allision with
the facility would result in a catastrophic event. 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.
Discussion of Comments and Changes
No comments were received regarding the published NPRM. Therefore,
the final rule text is the same as the text published in the NPRM.
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 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 FPSO BW PIONEER 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 may affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in Walker Ridge block 249.
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 FPSO facility 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.
No comments were received regarding this subject.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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
[[Page 19882]]
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. 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 are 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. 147.847 to read as follows:
Sec. 147.847 Safety Zone; BW PIONEER Floating Production, Storage,
and Offloading System Safety Zone.
(a) Description. The BW PIONEER, a Floating Production, Storage and
Offloading (FPSO) system, is in the deepwater area of the Gulf of
Mexico at Walker Ridge 249. The FPSO can swing in a 360 degree arc
around the center point of the turret buoy's swing circle at
26[deg]41'46.25'' N and 090[deg]30'30.16'' W. The area within 500
meters (1640.4 feet) around the stern of the FPSO when it is moored to
the turret buoy is a safety zone. If the FPSO detaches from the turret
buoy, the area within 500 meters around the center point at
26[deg]41'46.25'' N and 090[deg]30'30.16'' W 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: April 1, 2010.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-8735 Filed 4-15-10; 8:45 am]
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