[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55136-55138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25595]
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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, 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
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.
DATES: This rule is effective November 27, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2008-1051 and are available online
by going to http://www.regulations.gov, inserting USCG-2008-1051 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
[[Page 55137]]
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 February 13, 2009, we published an interim rule with a request
for comments entitled, ``Safety Zone; Perdido Regional Host Outer
Continental Shelf Platform in the Gulf of Mexico'' in the Federal
Register (74 FR 7181). We received no comments on the interim rule.
Background and Purpose
The safety zone established by this regulation is in the deepwater
area of the Gulf of Mexico, located at 26[deg]07'44'' N,
094[deg]53'53'' W in Alaminos Canyon block 857. 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), which is contiguous to the territorial
sea of the United States, and extends up to 200 nautical miles from the
baseline from which the breadth of the territorial 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 makes it highly likely that any allision with the
platform would result in a catastrophic event. Perdido Regional Host is
a high production oil and gas drilling platform producing approximately
100,000 barrels of oil per day and 200 million standard cubic feet of
gas per day; it is manned with a crew of approximately 150 people.
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.
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 Perdido Regional
Host at 26[deg]07'44'' N, 094[deg]53'53'' W.
Discussion of Comments and Changes
We received no comments in response to the interim rule.
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
distance of the Perdido Regional Host 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 cost.
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 857. This safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons: (1) This rule will enforce a safety zone
around a production platform that is in an area of the Gulf of Mexico
not typically frequented by vessel traffic; (2) this rule will enforce
a safety zone that is not in close proximity to a safety fairway; and,
(3) 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), in the interim rule 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.
[[Page 55138]]
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 will not effect 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 which 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, because the rule establishes a safety
zone. An environmental analysis checklist and a categorical exclusion
determination are 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; Department of Homeland
Security Delegation No. 1070.1.
0
2. Revise 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 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 or a designated representative.
Dated: September 8, 2009.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E9-25595 Filed 10-26-09; 8:45 am]
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