[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Proposed Rules]
[Page 55557-55559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se03-31]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-03-028]
RIN 1625-AA76
Safety Zone for Outer Continental Shelf Facility in the Gulf of
Mexico for Green Canyon 645
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of a safety zone
around a petroleum and gas production facility in Green Canyon 645 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 this area would significantly reduce the
threat of allisions, oil spills and releases of natural gas. The
proposed rule would prohibit all vessels from entering or remaining in
the specified area around the facility's location 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 November 25, 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) Kevin Lynn, 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-
028], 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 the establishment of a safety zone around
a petroleum and gas production facility in the Gulf of Mexico:
Holstein, Green Canyon Block 645 (GC 645), located at position
27[deg]19'17'' N, 90[deg]32'08'' W. The proposed safety zone would be
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 rule 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 of the
Gulf of Mexico also includes an extensive system of fairways. The
fairways nearest the proposed safety zone include the East-West Gulf of
Mexico Safety Fairway and Louisiana Offshore Oil Port (LOOP) Shipping
Safety Fairway. Significant amounts of vessel traffic occur in or near
the various fairways in the deepwater area.
BP Exploration & Production Inc., hereafter referred to as ``BP''
has requested that the Coast Guard establish a safety zone in the Gulf
of Mexico around the Holstein 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. BP 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
Holstein will be a high production oil and gas spar drilling facility,
capable of producing approximately 100,000 barrels of oil per day and
90 million cubic feet of gas per
[[Page 55558]]
day, and manned with a crew of approximately 149 people.
The Coast Guard has reviewed BP'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 Holstein warrants the establishment of
this proposed safety zone. The proposed rule 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 proposed rule 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
Holstein construction site and for a safety zone to remain in effect
after the facility is completed are: (1) The construction site is
located approximately 43 nautical miles southwest of the Louisiana
Offshore Oil Port (LOOP) Shipping Safety Fairway (2) the facility will
have a high production capacity of 100,000 barrels of petroleum oil per
day and 90 million cubic feet of gas per day; (3) the facility will be
manned with a crew of 149 people; (4) the facility will be a truss
spar; and (5) the truss spar will be moored by a 16-line permanent
mooring system.
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).
We expect the economic impact of this proposed rule to be so
minimal that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The impacts on routine navigation are expected to be minimal
because the proposed 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 Holstein
is located far offshore, few privately owned fishing vessels and
recreational boats/yachts operate in the area. This proposed rule will
not impact an attending vessel or vessels less than 100 feet in length
overall not engaged in towing. Alternate routes are available for all
other vessels impacted by this proposed rule. Use of an alternate route
may cause a vessel to incur a delay of four to ten minutes in arriving
at their destinations depending on how fast the vessel is traveling.
Therefore, the Coast Guard expects the impact of this proposed
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 proposed 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 Kevin Lynn, 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 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
[[Page 55559]]
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 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 proposed 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'' 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. 0170.1.
2. Add Sec. 147.831 to read as follows:
Sec. 147.831 Holstein Safety Zone.
(a) Description. Holstein, Green Canyon 645 (GC 645), located at
position 27[deg]19'17'' N, 90[deg]32'08'' 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 North American Datum 1983.
(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: August 19, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 03-24366 Filed 9-25-03; 8:45 am]
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