[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32273-32275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13644]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 147



[Docket No. USCG-2010-0448]

RIN 1625-AA00




Safety Zone; DEEPWATER HORIZON at Mississippi Canyon 252 Outer 

Continental Shelf MODU in the Gulf of Mexico



AGENCY: Coast Guard, DHS.



ACTION: Temporary final rule.



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SUMMARY: The Coast Guard is establishing a continued safety zone around 

the riser for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit 

(MODU), at Mississippi Canyon 252 in the Outer Continental Shelf. The 

safety zone in place pursuant to the Temporary Final Rule at docket 

USCG-2010-0323 terminates on May 26, 2010. This safety zone is needed 

to protect personnel involved in oil pollution response efforts. 

Continuing the safety zone around the riser will significantly reduce 

the threat of collisions, oil spills, and releases of natural gas, and 

thereby protect the safety of life, property, and the environment. Oil 

pollution response efforts are taking place on the water's surface and 

subsurface.



DATES: This rule is effective in the CFR on June 8, 2010 through August 

26, 2010. This rule is effective with actual notice for purposes of 

enforcement on May 26, 2010 and will remain in effect through August 

26, 2010.



ADDRESSES: Documents indicated in this preamble as being available in 

the docket are part of docket USCG-2010-0448 and are available online 

by going to http://www.regulations.gov, inserting USCG-2010-0448 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 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



    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 due to the 

emergency nature of the operations. Immediate action is necessary to 

protect first responders and to prevent entry into the area that is 

most impacted by the oil spill.

    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 

immediate action is necessary to protect first responders and to 

prevent entry into the area that is most impacted by the oil spill.



Basis and Purpose



    The Coast Guard is establishing a safety zone in the deepwater area 

of the Gulf of Mexico in response to the sinking of the DEEPWATER 

HORIZON, a Mobile Offshore Drilling Unit (MODU), near Mississippi 

Canyon 252 with a center point at 28-44-18N and 088-21-54W.

    The safety zone is located in the location of the riser attached to 

the seabed of the Outer Continental Shelf. The safety zone is 

established to protect both environmental responders and the 

environment. Efforts are underway to stop the flow of oil using 

submersible remote operating vehicles. 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. We 

have determined that a safety zone is needed to protect persons and 

vessels in the vicinity of the oil spill.



Discussion of Rule



    The Coast Guard is establishing a safety zone encompassing all 

areas within 500 meters around the position 28-44-18N and 088-21-54W. 

The safety zone is located in the deepwater area of the Gulf of Mexico 

near Mississippi Canyon 252. 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)



[[Page 32274]]



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. The deepwater area also includes an 

extensive system of fairways. 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.

    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 the position 28-44-

18N latitude and 088-21-54W longitude. The regulation will 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.

    In accordance with the general regulations located at 33 CFR part 

147, 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.



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 riser for the MODU DEEPWATER HORIZON--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 rule will affect the following entities, some of which 

might be small entities: The owners or operators of vessels intending 

to transit or anchor in Mississippi Canyon block 252.

    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 MODU 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.



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 (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



[[Page 32275]]



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, 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. This rule involves 

establishing a safety zone.

    Pursuant to paragraph (34)(g) of the Instruction, an environmental 

checklist and a categorical exclusion checklist are available in the 

docket 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.T08-849 to read as follows:





Sec.  147.T08-849  DEEPWATER HORIZON Mobile Offshore Drilling Unit 

Safety Zone.



    (a) Location. All areas within 500 meters (1640.4 feet) around the 

position of the riser at 28-44-18N and 088-21-54W are part of a safety 

zone. This area surrounds the DEEPWATER HORIZON, a Mobile Offshore 

Drilling Unit (MODU), that sank in the deepwater area of the Gulf of 

Mexico near Mississippi Canyon 252. The riser, which is attached to the 

seabed of the Outer Continental Shelf, is still in place and 

discharging oil.

    (b) Regulation. No vessel may enter or remain in this safety zone 

except the following:

    (1) An attending or first response vessel; or

    (2) A vessel authorized by the Commander, Eighth Coast Guard 

District or a designated representative.



    Dated: May 24, 2010.

J.E. Tunstall,

Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, 

Acting.

[FR Doc. 2010-13644 Filed 6-7-10; 8:45 am]

BILLING CODE 9110-04-P