[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Rules and Regulations]
[Page 55443-55445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se03-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-02-045]
RIN 1625-AG54 (Formerly RIN 2115-AG54)
Safety Zone for Outer Continental Shelf Facility in the Gulf of
Mexico for Viasca Knoll 915
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around a
petroleum and gas production facility in Viasca Knoll 915 of 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 allisions, oil spills and releases
of natural gas. This rule 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 October 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 [CGD08-02-045] 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) 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:
Regulatory History
On February 28, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone for Outer Continental Shelf Facility in
the Gulf of Mexico for Viasca Knoll 915'' in the Federal Register (68
FR 9611). We received two 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 Marlin Tension
Leg Platform (Marlin TLP), Viasca Knoll 915 (VK 915), located at
position 29[deg]06'27.46'' N, 87[deg]56'37.14'' W.
The safety zone established by this rule is in the deepwater area
of the Gulf of Mexico. For the purposes of this rule 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. The fairways include the Gulf of
Mexico East-West Fairway, the entrance/exit route of the Mississippi
River, and the Mobile Bay approaches. Significant amounts of vessel
traffic occur in or near the various fairways in the deepwater area.
Chas R. Haven & Assoc., Inc., hereafter referred to as Haven Group
requested that the Coast Guard establish a safety zone in the Gulf of
Mexico around the tension leg platform, Marlin owned by B.P. Amoco.
The request for the safety zone 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. The Haven
Group indicated that the location, production level, and personnel
levels on board the facility make it highly likely that any allision
with the facility would result in a catastrophic event. The Marlin is a
high production oil and gas drilling facility producing approximately
41,000 barrels of oil per day, 310 million cubic feet of gas per day
and is manned with a crew of approximately 80 people.
The Coast Guard reviewed Group Haven's concerns and agreed 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 warrants the
establishment of this safety zone. This rule significantly reduces the
threat of allisions, oil spills and natural gas releases and increases
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 two comments on the proposed rule. One comment was
received requesting that the owner of Marlin TLP, B.P. Amoco, be
included in the rule.
The second comment expressed concerns over the Coast Guard
establishing ``security zones'' around offshore platforms and the
potential economic impact this type of zone may have on recreational
and commercial fishing industries. Over the past several years the
Coast Guard has established thirteen offshore safety zones in the Gulf
of Mexico. Each zone, as well as this one, was requested in accordance
with 33 CFR 147. The purpose of this offshore safety zone is clearly
stated in
[[Page 55444]]
the ``Background and Purpose'' section of this rule. The purpose of
offshore safety zones is also described in 33 CFR 147.1, which clearly
states that they are ``to promote the safety of life and property on
the facilities, their appurtenances and attending vessels, and on the
adjacent waters within the safety zones.'' The Coast Guard has not
proposed an offshore security zone for the Marlin TLP or any other
offshore facility.
Since the rule will allow vessels less than 100 feet not engaged in
towing within the zone and any vessel may request permission from the
Eighth Coast Guard District Commander to enter the zone, the Coast
Guard has made no substantial 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 Homeland
Security (DHS).
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 Marlin TLP 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 rule 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 (Public Law 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 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. 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
[[Page 55445]]
NEPA. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147--SAFETY ZONES
0
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.
0
2. Add Sec. 147.827 to read as follows:
Sec. 147.827 Marlin Tension Leg Platform Safety Zone.
(a) Description. The Marlin Tension Leg Platform (Marlin TLP),
Viasca Knoll, Block 915 (VK 915), is located at position
29[deg]6[min]27.46[sec] N, 87[deg]56[min]37.14[sec] 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: August 19, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District Acting.
[FR Doc. 03-24367 Filed 9-25-03; 8:45 am]
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