[Federal Register: January 20, 2004 (Volume 69, Number 12)]
[Proposed Rules]
[Page 2694-2696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja04-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-03-039]
RIN 1625-AA78
Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico for Mississippi Canyon 474
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 Mississippi Canyon
474 ``A'' 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 March 22, 2004.
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-
039], 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: Na Kika
Floating Oil and Gas Development System (FDS), Mississippi Canyon 474
``A'' (MC 474 ``A''), located at position 28[deg]31'14.86'' N,
88[deg]17'19.69'' 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 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 of the Gulf of Mexico also includes an extensive system
of fairways. The fairways nearest the proposed safety zone include the
South Pass (Mississippi River) to Mississippi River-Gulf Outlet Channel
Fairway and Southwest Pass (Mississippi River) to South Pass
(Mississippi River) Safety Fairway. Significant amounts of vessel
traffic occur in or near the various fairways in the deepwater area.
Shell Exploration and Production Company, hereafter referred to as
``Shell'' has requested that the Coast Guard establish a safety zone in
the Gulf of Mexico around the Na Kika FDS 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. Shell 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 Coast Guard has evaluated Shell's information and concerns
against Eighth Coast Guard District criteria developed to determine if
an Outer Continental Shelf facility qualifies for a safety zone. We
conclude 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 Na Kika FDS 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 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
Several factors were considered to determine the necessity of a
safety zone for the Na Kika FDS construction site and for a safety zone
to remain in effect after the facility is completed: (1) The
construction site is located approximately 46 nautical miles east-
southeast of the South Pass (Mississippi
[[Page 2695]]
River) to Mississippi River-Gulf Outlet Channel Fairway and Southwest
Pass (Mississippi River) to South Pass (Mississippi River) Safety
Fairway, (2) the facility will have a high daily production capacity of
petroleum oil and gas per day; (3) the facility will be manned; (4) the
facility will be a semi-submersible; and (5) the semi-submersible 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 Na Kika
FDS 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. This proposed rule will not impact an
attending vessel or vessels less than 100 feet in length overall not
engaged in towing. 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 proposed 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 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.
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 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
[[Page 2696]]
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. 147.833 to read as follows:
Sec. 147.833 Na Kika FDS Safety Zone.
(a) Description. Na Kika FDS, Mississippi Canyon 474 ``A'' (MC 474
``A''), located at position 28[deg]31'14.86'' N, 88[deg]17'19.69'' 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: October 6, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 04-1141 Filed 1-16-04; 8:45 am]
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