Safety Zone; VERMILION 380A at Block 380 Outer Continental Shelf Fixed Platform in the Gulf of Mexico, 55970-55972 [2010-23008]

Download as PDF 55970 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 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. mstockstill on DSKH9S0YB1PROD with RULES 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 which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction. This rule involves the establishment of a special local regulation. Based on our preliminary determination, there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule VerDate Mar<15>2010 18:17 Sep 14, 2010 Jkt 220001 should be categorically excluded from further environmental analysis. Under figure 2–1, paragraph (34)(h), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: [FR Doc. 2010–22933 Filed 9–14–10; 8:45 am] Dated: August 17, 2010. Z.H. Pickett, Commander, U.S. Coast Guard, Acting, Captain of the Port, Port Arthur. BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 33 CFR Part 147 1. The authority citation for part 100 continues to read as follows: [Docket No. USCG–2010–0857] ■ Authority: 33 U.S.C. 1233. RIN 1625–AA00 2. Add a new temporary § 100.T08– 2010–0518 to read as follows: Safety Zone; VERMILION 380A at Block 380 Outer Continental Shelf Fixed Platform in the Gulf of Mexico § 100.T08–2010–0518 River, Orange, TX. AGENCY: ■ Safety Zone; Sabine (a) Definitions. As used in this section ‘‘Participant Vessel’’ means all vessels officially registered with event officials to race or work in the event. These vessels include race boats, rescue boats, tow boats, and picket boats associated with the race. (b) Location. The following area is a safety zone: all waters of the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve Unit and the Orange public boat ramps located in Orange, TX. The northern boundary is from the end of Navy Pier One at 30°05′45″ N 93°43′24″ W then easterly to the rivers eastern shore. The southern boundary is a line shoreline to shoreline at latitude 30°05′33″ N. (c) Enforcement. This regulation will be enforced daily from 8 a.m. until 6 p.m. on September 25 and 26, 2010. (d) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into this zone is prohibited to all vessels except participant vessels and those vessels specifically authorized by the Captain of the Port, Port Arthur or a designated representative. (2) Persons or vessels requiring entry into or passage through must request permission from the Captain of the Port, Port Arthur, or a designated representative. They may be contacted on VHF Channel 13 or 16, or by telephone at (409) 723–6500. (3) All persons and vessels shall comply with the instructions of the Captain of the Port, Port Arthur, designated representatives and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 ACTION: Coast Guard, DHS. Temporary final rule. 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 SUMMARY: E:\FR\FM\15SER1.SGM 15SER1 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 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. mstockstill on DSKH9S0YB1PROD with RULES 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°3′0.601″ N, 92°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 VerDate Mar<15>2010 18:17 Sep 14, 2010 Jkt 220001 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 55971 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 E:\FR\FM\15SER1.SGM 15SER1 55972 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 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. mstockstill on DSKH9S0YB1PROD with RULES 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 VerDate Mar<15>2010 18:17 Sep 14, 2010 Jkt 220001 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. 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. 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. List of Subjects 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows: ■ PART 147—SAFETY ZONES 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. ■ 2. Add § T147.857 to read as follows: § 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°3′0.601″ N, 92°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 E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Pages 55970-55972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23008]


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

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.

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

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