[Federal Register Volume 74, Number 29 (Friday, February 13, 2009)]
[Rules and Regulations]
[Pages 7181-7184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3124]


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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]
BILLING CODE 4910-15-P