
[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Rules and Regulations]               
[Page 55970-55972]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se10-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2010-0857]
RIN 1625-AA00

 
Safety Zone; VERMILION 380A at Block 380 Outer Continental Shelf 
Fixed Platform in the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around VERMILION 
380A, a fixed platform, at Block 380 in the Outer Continental Shelf, 
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed 
platform is on fire and the safety zone is needed to protect first 
responders attending to the fire and platform. Placing a safety zone 
around the platform will significantly reduce the threat of collisions, 
allisions, oil spills, and releases of natural gas, and thereby protect 
the safety of life, property, and the environment.

DATES: This rule is effective in the CFR on September 15, 2010 through 
November 10, 2010. This rule is effective with actual notice for 
purposes of enforcement on September 2, 2010. This rule will remain in 
effect through November 10, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0857 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0857 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

[[Page 55971]]

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. The platform is 
on fire and immediate action is necessary to protect first responders 
and to prevent entry into the area that is most impacted by the fire.
    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 the 
platform is on fire and immediate action is necessary to protect first 
responders and to prevent entry into the area that is most impacted by 
the fire.

Basis and Purpose

    The Coast Guard is responding to an emergency at the VERMILION 
380A, a fixed platform, at Block 380 in the Outer Continental Shelf, 
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed 
platform is on fire and the safety zone is needed to protect first 
responders attending to the fire and platform.

Discussion of Rule

    The Coast Guard is establishing a safety zone of 500 meters around 
the center of the fixed platform at 28[deg]3'0.601'' N, 
92[deg]16'0.272'' W. The regulation is effected to 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. 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.
    The safety zone established by this regulation is in or near the 
deepwater area of the Gulf of Mexico in Block 380. For the purposes of 
this regulation, a 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 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.
    The Coast Guard is establishing a safety zone around the VERMILION 
380A which is a fixed platform for operational use in production. The 
safety zone is established due to safety concerns for both first 
responders and the environment. 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.

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 VERMILION 380A--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 would affect the following entities, some 
of which might be small entities: The owners or operators of vessels 
intending to transit or anchor in or around Vermilion Block 380 in the 
Gulf of Mexico.
    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 fixed platform 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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

[[Page 55972]]

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. This rule involves the establishment of a safety zone.
    Due to the emergency nature of this regulation, an environmental 
analysis checklist and a categorical exclusion determination will be 
available in the docket where indicated under ADDRESSES.

List of Subjects

    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.  T147.857 to read as follows:


Sec.  T147.857  VERMILION 380A Fixed Platform Safety Zone.

    (a) Description. The VERMILION 380A, a Fixed Platform, is in the 
deepwater area of the Gulf of Mexico at Vermilion Block 380. The area 
within 500 meters (1640.4 feet) around a center point at 
28[deg]3'0.601'' N, 92[deg]16'0.272'' W is a safety zone.
    (b) Effective Date and Enforcement. This rule is effective from 
September 2, 2010 through November 10, 2010. This rule is effective 
with actual notice for purposes of enforcement on September 2, 2010 and 
will remain in effect through November 10, 2010.
    (C) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending or first response 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 2, 2010.
David Nichols,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard 
District.
[FR Doc. 2010-23008 Filed 9-14-10; 8:45 am]
BILLING CODE 9110-04-P

