[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51943-51945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20921]


-----------------------------------------------------------------------

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; change of effective period.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is extending the effective period for the 
temporary 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 at 33 CFR 147.T08-849 
terminates on August 26, 2010. Extending the effective period for this 
safety zone provides continued and uninterrupted protection of 
personnel involved in ongoing 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. Response 
efforts continue at the water's surface and subsurface.

DATES: 33 CFR 147.T08-849 temporarily added at 75 FR 32273, June 8, 
2010, effective from June 8, 2010 to August 26, 2010, will continue in 
effect through November 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 about this 
notice, 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 an NPRM. This rule extends the existing 
temporary safety zone around the riser for the DEEPWATER HORIZON, a 
Mobile Offshore Drilling Unit (MODU), which is currently set to expire 
on August 26, 2010. This extension is necessary to continue protecting 
the responders and to prevent entry into the area where both response 
and relief efforts are still ongoing and are expected to continue after 
the spill is stopped. Failing to delay the effective day of this 
extension pending completion of notice and comment rulemaking is 
impracticable and contrary to the public interest because it would 
cause a gap in the ability to enforce the needed safety zone for 
protection of all responders, the response efforts, and the 
environment.
    For the 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.

Basis and Purpose

    The safety zone in place pursuant to the Temporary Final Rule at 
docket USCG-2010-0448 extended the safety zone initially enforced for 
the DEEPWATER HORIZON riser from April 26, 2010 through May 26, 2010. 
The safety zone was enforced through actual notice from May 26, 2010 
until June 8, 2010 to ensure seamless protection of those involved in 
the response efforts. On June 8, 2010, the Coast Guard established 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. See 75 FR 32273. This temporary safety zone is set to 
expire on August 26, 2010. The temporary safety zone created by this 
rule ensures that there is no gap in authority to protect all 
responders, the response efforts, and the environment.

Discussion of Rule

    The Coast Guard is extending the effective date of a safety zone 
encompassing all areas within 500 meters around the position 28-44-18N 
latitude and 088-21-54W longitude.

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

[[Page 51944]]

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 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:

[[Page 51945]]

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. Section 147.T08-849 temporarily added at 75 FR 32273, June 8, 2010, 
effective from June 8, 2010 to August 26, 2010, will continue in effect 
through November 26, 2010.

    Dated: August 16, 2010.
M.E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-20921 Filed 8-23-10; 8:45 am]
BILLING CODE 9110-04-P