[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Rules and Regulations]
[Page 4098-4100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja03-7]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 147
[CGD08-01-043]
RIN 2115-AG31
Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around a
petroleum and gas production facility in Green Canyon 205A on the Outer
Continental Shelf in the Gulf of Mexico. The facility needs to be
protected from vessels operating outside the normal shipping channels
and fairways, and placing a safety zone around this facility
significantly reduces the threat of
[[Page 4099]]
allisions, oil spills and releases of natural gas. This regulation
prevents all vessels from entering or remaining in the specified area
around the 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: 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 [CGD08-01-043] and are available for inspection or
copying at Commander, Eighth Coast Guard District (m), Hale Boggs
Federal Bldg., 501 Magazine Street, New Orleans, LA, 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 April 2, 2001, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the
Gulf of Mexico'' in the Federal Register (67 FR 15505). We received no
comments on the proposed rule. No public hearing was requested, and
none was held.
Background and Purpose
The Coast Guard is establishing a safety zone around Chevron
Genesis Spar (Genesis), Green Canyon 205A (GC205A), a petroleum
producing facility in the Gulf of Mexico. That facility is located at
position 27[deg]46'46.365'' N, 90[deg]31'06.553'' W.
The safety zone established by this regulation is in the deepwater
area of the Gulf of Mexico. For the purposes of this regulation the
deepwater area is considered to include waters of 304.8 meters (1,000
feet) or greater in depth extending to the limits of the Exclusive
Economic Zone (EEZ) contiguous to the territorial sea of the United
States and up to a distance of 200 nautical miles from the baseline.
Vessels navigating in the area of the safety zone consist of large
commercial shipping vessels, fishing vessels, cruise ships, tugs with
tows and the occasional recreational vessel. An extensive system of
navigational fairways is within the deepwater area. Those fairways
include the Gulf of Mexico East-West Fairway, the entrance and exit
route of the Mississippi River, and the Houston-Galveston Safety
Fairway. Significant amounts of vessel traffic occur in or near the
various fairways in the deepwater area.
Chevron U.S.A. Production Company (Chevron) requested that the
Coast Guard establish a safety zone in the Gulf of Mexico around the
moored spar buoy, Genesis. That request was made due to the high level
of shipping activity around the facility and the safety concerns for
both the personnel on board the facility and the environment. Chevron
indicated that the location, production level, and number of personnel
on board the facility make it highly likely that any allision with the
facility would result in a catastrophic event. The Genesis, which is
located in open waters where no fixed structures previously existed and
is manned with a crew of approximately 160 people, is a high production
oil and gas drilling facility that produces approximately 55,000
barrels of oil per day and 95 million cubic feet of gas per day.
The Coast Guard reviewed Chevron's concerns and agrees that the
risk of allision to the facility and potential for loss of life and
damage to the environment resulting from such an accident warrants the
establishment of this safety zone. The regulation will significantly
reduce the threat of allisions, oil spills and natural gas releases and
will 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 Comments and Changes
We received no comments on the proposed rule. Therefore, we have
made no substantive changes to 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).
The Coast Guard expects 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
zone does not encompass any nearby safety fairways.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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. Few privately owned fishing vessels and recreational boats/
yachts operate in the area of the Genesis because it is located far
offshore, and alternate routes are available for those that do. Use of
alternate routes 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 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 offered to assist small
entities in understanding the rule so they could 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 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
[[Page 4100]]
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 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. This rule 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 it 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. 147.825 to read as follows:
Sec. 147.825 Chevron Genesis Spar safety zone.
(a) Description. The Chevron Genesis Spar, Green Canyon 205A
(GC205A), is located at position 27[deg]46'46.365'' N,
90[deg]31'06.553'' 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.
Dated: January 10, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1872 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-15-P