[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Rules and Regulations]
[Page 4100-4103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja03-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 147
[CGD08-01-025]
RIN 2115-AG22
Safety Zones for Outer Continental Shelf Facilities in the Gulf
of Mexico
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing safety zones around five
petroleum and gas production facilities in the Outer Continental Shelf
in the Gulf of Mexico. The facilities, which include four platforms and
one moored spar buoy, need to be protected from vessels operating
outside the normal shipping channels and fairways. Placing safety zones
around these facilities will significantly reduce the threat of
allisions, oil spills and releases of natural gas. The regulation
prevents all vessels from entering or remaining in specified areas
around the platforms 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: This final rule is effective February 27, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-01-025] and are available for inspection or
copying at Commander, Eighth Coast Guard District (m), Hale Boggs
Federal Bldg., 501 Magazine Street, New Orleans, Louisiana, between 8
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
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:
Regulatory History
On December 10, 2001, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled ``Safety
[[Page 4101]]
Zones for Outer Continental Shelf Facilities in the Gulf of Mexico'' in
the Federal Register (66 FR 63642). We received one letter, one fax and
one phone call commenting on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
The Coast Guard is establishing safety zones around the following
petroleum producing facilities in the Gulf of Mexico: ExxonMobil Hoover
Floating OCS Facility, a moored spar buoy, Alaminos Canyon Block 25A
(AC25A), located at position 26[deg]56'33'' N, 94[deg]41'19.55'' W; Sir
Douglas Morpeth Tension Leg Platform (Morpeth TLP), Ewing Bank Block
921A (EW 921A), located at position 28[deg]02'05.28'' N,
90[deg]01'22.12'' W; Allegheny Tension Leg Platform (Allegheny TLP),
Green Canyon Block 254A (GC 254A), located at position
27[deg]41'29.65'' N, 90[deg]16'31.93'' W; Brutus Tension Leg Platform
(Brutus TLP), Green Canyon Block 158 (GC 158), located at position
27[deg]47'42.86'' N, 90[deg]38'51.15'' W; and Enchilada Platform,
Garden Banks Block 128A (GB 128A), located at position
27[deg]52'31.31'' N, 91[deg]59'11.09'' W.
These five safety zones are in the deepwater area of the Gulf of
Mexico. For the purposes 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) 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 safety zones
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 shipping safety
fairways that crisscross the deepwater area of the Gulf of Mexico. The
shipping safety fairways include the Gulf of Mexico East-West Fairway,
the entrance/exit route of the Mississippi River, and the Houston-
Galveston Safety Fairway as listed in 33 CFR part 166. Significant
amounts of vessel traffic occur in or near the various shipping safety
fairways in the deepwater area.
ExxonMobil Production Company, AGIP Petroleum Co., Inc. (formerly
known as British Borneo USA, Inc), and Shell Exploration and Production
requested that the Coast Guard establish safety zones in the Gulf of
Mexico around the following: ExxonMobil Production Company moored spar
buoy, the ExxonMobil Hoover Floating OCS Facility; AGIP Petroleum Co.,
Inc. platforms, the Morpeth TLP and the Allegheny TLP; and Shell
platforms, the Brutus TLP and the Enchilada Platform.
The request for the safety zones was made due to the high level of
shipping activity around the facilities and the safety concerns for
both the personnel on board the facilities and the environment.
ExxonMobil Production Company, AGIP Petroleum Co., Inc., and Shell
Exploration and Production, indicated that the location, production
level, and number of personnel on board the facilities make it highly
likely that any allision with the facilities would result in a
catastrophic event. The Enchilada Platform is located near the edge of
a shipping safety fairway. The ExxonMobil Hoover Floating OCS Facility,
Brutus TLP, Morpeth TLP and Allegheny TLP are located in open waters
where no fixed structures previously existed. All are high production
oil and gas drilling platforms producing from 20,000 to 108,000 barrels
of oil per day, and are manned with crews ranging from approximately 18
to 160 people.
The Coast Guard reviewed the concerns raised by ExxonMobil
Production Company, AGIP Petroleum Co., Inc., and Shell Exploration and
Production and agrees that the risk of allision to the facilities and
the potential for loss of life and damage to the environment resulting
from such an accident warrant the establishment of these safety zones.
This regulation would significantly reduce the threat of allisions, oil
and natural gas spills, 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 as set out in the authority citation for all
of 33 CFR part 147.
Discussion of Comments and Changes
We received one letter, one fax and one phone call commenting on
the proposed rule. One comment received telephonically from AGIP
Petroleum Co., Inc., indicated that at the time of their original
request they were known as British Borneo USA, Inc., but are now known
as AGIP Petroleum Co., Inc. Therefore, the name British Borneo USA,
Inc., has been replaced throughout the final rule with AGIP Petroleum
Co., Inc.
One comment received via fax supported the proposed rule. The
comment received by letter notified the Coast Guard that the safety
zones encompassed blocks adjacent to each of the facilities that are
leased and if one or more of the impacted blocks became available due
to relinquishment of a lease then information regarding the zones would
be included in the ``Information to Lessees in the Final Notice of Sale
to potential bidders.'' The proposed rule does not have any impact on
lessees' vessels and operations in the impacted blocks.
None of the comments received affected the provisions of the
proposed rule.
Regulatory Evaluation
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. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(44 FR 11040; February 26, 1979).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10(e) of the regulatory
policies and procedures of DOT is unnecessary. The impacts on routine
navigation are expected to be minimal because the safety zones do not
encompass any nearby safety fairways.
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. Since the offshore facilities are located far offshore, few
privately owned fishing vessels and recreational boats/yachts may be
operating in the area and alternate routes are available for these
vessels. Deviation of their intended course may cause a minimal loss of
time (estimated loss of four to ten minutes) to their destination
depending on how fast the vessel is traveling. The Coast Guard expects
the impact of this regulation on small entities to be minimal.
If you are a small business entity and are significantly affected
by this regulation please contact LT Karrie Trebbe, Project Manager for
Eighth Coast Guard District Commander, Hale Boggs Federal Bldg., 501
Magazine
[[Page 4102]]
Street, New Orleans LA 70130, telephone (504) 589-6271.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so they could better evaluate its
effects on them and participate in the rulemaking processes.
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 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 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 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 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 concern 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in the National
Environmental Policy Act of 1969 (NEPA). A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 147
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; 49 CFR 1.46.
2. Add Sec. Sec. 147.815, 147.817, 147.819, 147.821 and 147.823 to
read as follows:
Sec. 147.815 ExxonMobil Hoover Floating OCS Facility safety zone.
(a) Description. The ExxonMobil Hoover Floating OCS Facility,
Alaminos Canyon Block 25A (AC25A), is located at position
26[deg]56'33'' N, 94[deg]41'19.55'' W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a safety
zone.
(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
Sec. 147.817 Sir Douglas Morpeth Tension Leg Platform safety zone.
(a) Description. The Sir Douglas Morpeth Tension Leg Platform
(Morpeth TLP), Ewing Bank Block 921A (EW 921A), is located at position
28[deg]02'05.28'' N, 90[deg]01'22.12'' W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a safety
zone.
(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.
Sec. 147.819 Allegheny Tension Leg Platform safety zone.
(a) Description. The Allegheny Tension Leg Platform (Allegheny
TLP), Green Canyon Block 254A (GC 254A), is located at position
27[deg]41'29.65'' N, 90[deg]16'31.93'' W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a safety
zone.
(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.
[[Page 4103]]
Sec. 147.821 Brutus Tension Leg Platform safety zone.
(a) Description. The Brutus Tension Leg Platform (Brutus TLP),
Green Canyon Block 158 (GC 158), is located at position
27[deg]47'42.86'' N, 90[deg]38'51.15'' W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a safety
zone.
(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.
Sec. 147.823 Enchilada Platform safety zone
(a) Description. The Enchilada Platform, Garden Banks Block 128A
(GB 128A), is located at position 27[deg]52'31.31'' N,
91[deg]59'11.09'' W. The area within 500 meters (1640.4 feet) from each
point on the structure's outer edge, not to extend into the adjacent
East-West Gulf of Mexico Fairway, is a safety zone.
(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: January 10, 2003.
Roy J. Casto
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1871 Filed 1-27-03; 8:45 am]
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