[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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