[Federal Register: June 17, 2004 (Volume 69, Number 116)]
[Rules and Regulations]
[Page 33856-33858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn04-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[CGD08-04-004]
RIN 1625-AA84
Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico for Green Canyon 608
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone around a
petroleum and gas production facility in Green Canyon 608 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 area would
significantly reduce the threat of allisions, oil spills and releases
of natural gas. This rule prohibits 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: This final rule is effective July 19, 2004.
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 [CGD08-04-004] and are available for inspection or
copying at Commander, Eighth Coast Guard District (m), Hale Boggs
Federal Bldg., 500 Poydras 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 March 15, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the
Gulf of Mexico for Green Canyon 608'' in the Federal Register (69 FR
12098). 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 the Marco Polo
Tension Leg Platform (the Platform), a petroleum and gas production
facility in the Gulf of Mexico. The Platform is located in Green Canyon
(GC 608), at position 27[deg]21[min]43.32[sec] N,
90[deg]10[min]53.01[sec] W.
This 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 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 fairway
nearest the safety zone is the South of Gulf Safety Fairway.
Significant amounts of vessel traffic occur in or near the various
fairways in the deepwater area.
Anadarko Petroleum Corporation, hereafter referred to as Anadarko,
requested that the Coast Guard establish a safety zone in the Gulf of
Mexico around the Marco Polo Tension Leg Platform (TLP).
The request for the safety zone was made due to the high level of
shipping activity around the site of the facility, high levels of
production volumes, the number of persons onboard the Platform, and
environmental safety concerns. Anadarko 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 Coast Guard has evaluated Anadarko's information and concerns
against Eighth Coast Guard District criteria developed to determine if
an Outer Continental Shelf facility qualifies for a safety zone.
Several factors were considered to determine the necessity of a safety
zone for the Marco Polo TLP facility: (1) The facility is located
approximately 35 nautical miles south-southwest of the South of Gulf
Safety Fairway; (2) the facility has a high daily production capacity
of petroleum oil and gas; (3) the facility is manned; and (4) the
facility is a tension leg platform.
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 warrants the establishment of this safety zone. This
regulation will significantly reduce 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 no comments on the proposed rule. Therefore, we have
not made any change in the final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs
[[Page 33857]]
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 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 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 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 Platform is located far offshore, few privately
owned fishing vessels and recreational boats/yachts operate in the
area. This 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 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 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 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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
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 expenditure, we
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 NEPA.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
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:
[[Page 33858]]
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. 147.837 to read as follows:
Sec. 147.837 Marco Polo Tension Leg Platform Safety Zone.
(a) Description. Marco Polo Tension Leg Platform, Green Canyon 608
(GC 608), located at position 27[deg]21'43.32'' N, 90[deg]10'53.01'' 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: June 4, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-13601 Filed 6-16-04; 8:45 am]
BILLING CODE 4910-15-P