[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Proposed Rules]
[Page 40229-40231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-38]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-03-017]
RIN 1625-AA72
Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico in Mississippi Canyon 243
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone around a
petroleum and gas production facility in Mississippi Canyon 243 of the
Outer Continental Shelf in the Gulf of Mexico while the facility is
being constructed and after the construction is completed. The
construction site and facility need to be protected from vessels
operating outside the normal shipping channels and fairways, and
placing a safety zone around the construction site and facility would
significantly reduce the threat of allisions, oil spills and releases
of natural gas. The proposed regulation would prohibit all vessels from
entering or remaining in the specified area around the construction
site and facility except for the following: an attending vessel; a
vessel under 100 feet in length overall not engaged in towing; or a
vessel authorized by the Eighth Coast Guard District Commander.
DATES: Comments and related material must reach the Coast Guard on or
before September 5, 2003.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
Street, New Orleans, LA, 70130, or comments and related material may be
delivered to Room 1341 at the same address between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(504) 589-6271. Commander, Eighth Coast Guard District (m) maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at the location listed above
during the noted time periods.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Karrie Trebbe, Project
Manager for Eighth Coast Guard District Commander, Hale Boggs Federal
Bldg., 501 Magazine Street, New Orleans, LA 70130, telephone (504) 589-
6271.
SUPPLEMENTARY INFORMATION:
Requests for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-03-
017], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. However, you may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District (m) at the address under ADDRESSES explaining why one would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Coast Guard proposes to establish a safety zone around a
petroleum and gas production facility in the Gulf of Mexico: Matterhorn
Tension Leg Platform A (Matterhorn TLP), Mississippi Canyon 243 (MC
243), located at position 28[deg]44'32''N, 88[deg]39'32'' W. The safety
zone would be
[[Page 40230]]
in effect while the facility is being constructed and after the
construction is completed.
This proposed safety zone is in the deepwater area of the Gulf of
Mexico. For the purposes of this regulation it is considered to be in
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 area of the proposed 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
fairways include the Gulf of Mexico South Pass Fairway, and the South
Pass to Mississippi River-Gulf Outlet Channel Safety Fairway.
Significant amounts of vessel traffic occur in or near the various
fairways in the deepwater area.
TotalFinaElf E&P USA, Inc., hereafter referred to as TotalFinaElf
has requested that the Coast Guard establish a safety zone in the Gulf
of Mexico around the Matterhorn TLP construction site and for the zone
to remain in effect after construction is completed.
The request for the safety zone was made due to the high level of
shipping activity around the site of the facility and the safety
concerns for construction personnel, the personnel on board the
facility after it is completed, and the environment. TotalFinaElf
indicated that the location, production level, and personnel levels on
board the facility make it highly likely that any allision with the
facility during and after construction would result in a catastrophic
event. The Matterhorn TLP will be a high production petroleum and gas
drilling facility, capable of producing approximately 30,000 barrels of
oil per day and 50 million cubic feet of gas per day, and manned with a
crew of approximately 60 people.
The Coast Guard has reviewed TotalFinaElf's concerns and agrees
that the risk of allision to the facility and the potential for loss of
life and damage to the environment resulting from such an accident
during and following the construction of Matterhorn TLP warrants the
establishment of this safety zone. The proposed regulation would
significantly reduce the threat of allisions, oil spills and natural
gas releases, and increase the safety of life, property, and the
environment in the Gulf of Mexico. This regulation is issued pursuant
to 14 U.S.C. 85 and 43 U.S.C. 1333 as set out in the authority citation
for 33 CFR part 147.
Discussion of Proposed Rule
The specific risk factors which necessitate a safety zone for the
Matterhorn TLP construction site and for the safety zone to remain in
effect after the facility is completed are: (1) The construction site
is located approximately 14 nautical miles southeast of the South Pass
Fairway and on a direct course for vessels approaching the entrance to
fairways to the Mississippi River; (2) the facility will have a high
production capacity of 30,000 barrels of oil per day and 50 million
cubic feet of gas per day; (3) the facility will be manned with a crew
of 60 people; (4) the facility will be a tension leg platform; and (5)
the platform, anchored by tendons, will slowly oscillate around a fixed
position.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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. It is not significant under the regulatory policies
and procedures of the Department of Homeland Security (DHS).
The impacts on routine navigation are expected to be minimal
because the safety zone will not overlap any of the safety fairways
within the Gulf of Mexico.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. Since the construction site for the
Matterhorn TLP is located far offshore, few privately owned fishing
vessels and recreational boats/yachts operate in the area and alternate
routes are available for those vessels. Use of an alternate route may
cause a vessel to incur a delay of 4 to 10 minutes in arriving at their
destinations depending on how fast the vessel is traveling. Therefore,
the Coast Guard expects the impact of this regulation on small entities
to be minimal.
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 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LT Karrie Trebbe, Project
Manager for Eighth Coast Guard District Commander, Hale Boggs Federal
Bldg., 501 Magazine Street, New Orleans, LA 70130, telephone (504) 589-
6271.
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).
Collection of Information
This proposed rule would call 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 proposed 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
[[Page 40231]]
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 or more in any one year.
Though this proposed rule will not result in such an expenditure, we
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule will not effect 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in NEPA. A draft
``Environmental Analysis Check List'' and a draft ``Categorical
Exclusion Determination'' (CED) are available in the docket where
indicated under ADDRESSES. Comments on this section will be considered
before we make the final decision on whether the rule should be
categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland
Security Delegation No. 0170.
2. Add Sec. 147.829 to read as follows:
Sec. 147.829 Matterhorn Tension Leg Platform safety zone.
(a) Description. The Matterhorn Tension Leg Platform A (Matterhorn
TLP), Mississippi Canyon 243 (MC 243), located at position
28[deg]44[min]32[sec] N, 88[deg]39[min]32[sec] W. The area within 500
meters (1640.4 feet) from each point on the structure's outer edge is a
safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone
except the following: (1) An attending 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.
Dated: April 29, 2003.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 03-16963 Filed 7-3-03; 8:45 am]
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