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. 

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 

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. 

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: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a new temporary § 100.T08– 

2010–0518 to read as follows: 

§ 100.T08–2010–0518 Safety Zone; Sabine 

River, Orange, TX. 

(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 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: August 17, 2010. 

Z.H. Pickett, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port, Port Arthur. 

[FR Doc. 2010–22933 Filed 9–14–10; 8:45 am] 

BILLING CODE 4910–15–P 

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 

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 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°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 

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 

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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. 

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). 

■ 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 

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