
[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]               
[Page 32273-32275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-14]                         

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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, madeleine.w.mcnamara@uscg.mil. 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

