[Federal Register: May 11, 2005 (Volume 70, Number 90)]
[Rules and Regulations]
[Page 24707-24709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my05-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 150
[USCG-2005-21111]
RIN 1625-AA00
Safety Zone; Gulf Gateway Deepwater Port, Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Interim rule; request for comments.
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SUMMARY: The Coast Guard is establishing an interim safety zone around
the primary component of the Gulf Gateway Deepwater Port, Gulf of
Mexico, and its accompanying systems. The purpose of this safety zone
is to protect vessels and mariners from the potential safety hazards
associated with deepwater port operations. All vessels, with the
exception of deepwater port support vessels, are prohibited from
entering into or moving within this safety zone.
DATES: This interim rule is effective May 11, 2005. Comments and
related material must reach the Docket Management Facility on or before
July 11, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [USCG-2005-21111]. Docket information
can be examined on the Department of Transportation docket management
system Web site at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Commander (LCDR) Kevin Tone, Coast Guard Office of
Operating and Environmental Standards, at (202) 267-0226, e-mail:
ktone@comdt.uscg.mil. If you have questions on viewing the docket, call
Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://dms.dot.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) to use the Docket Management Facility. Please
see DOT's ``Privacy Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2005-21111), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. You may
submit your comments and material by electronic means, mail, fax, or
delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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 rule in
view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time and conduct a simple search using
the docket number. You may also visit the Docket Management Facility in
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM and
delaying its effective date would be contrary to the public interest,
since there is not sufficient time to publish a proposed rule in
advance of the next transfer operation and immediate action is needed
to protect persons and vessels against the hazards associated with
deepwater port operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. While there is a 60 day public
comment period, delaying its effective date would be contrary to public
interest since immediate action is needed to respond to the potential
hazards posed to local marine traffic and personnel involved in
maritime operations by deepwater port operations.
Background and Purpose
The Gulf Gateway Deepwater Port (DWP) is located approximately 116
miles off the Louisiana coast at West Cameron Area, South Addition
Block 603 ``A'', 28[deg]05'16'' N, 093[deg]03'07'' W. The DWP operator
plans to offload liquefied natural gas (LNG) vessels by regasifying the
LNG on board vessels. The regasified natural gas is then transferred
through a submerged loading turret buoy (STL), to a flexible riser
leading to a seabed pipeline to a metering platform. From the platform
the natural gas feeds into two separate downstream seabed pipelines to
connect with the Southeastern United States natural gas network. In
order to improve safety and security at the port while regasification
and transfer operations are occurring, several routing measures have
been implemented. In July 2004, the Coast Guard forwarded a proposal to
the International Maritime Organization (IMO) requesting the
establishment of an Area To Be Avoided (ATBA) and a mandatory No
Anchoring Area for the Excelerate Gulf Gateway (formerly the El Paso
Energy Bridge) deepwater port. These two routing measures will promote
safety, security, and vessel traffic management in the vicinity of the
DWP.
The ATBA has a radius of 2 nautical miles, is recommendatory in
nature and does not restrict vessels from transiting the area. However
vessel operators are strongly urged to seek alternate routes outside
the ATBA and away from the DWP. The No Anchoring Area has a radius of
one and one half nautical miles from the STL buoy and compliance is
mandatory. It is required to protect the anchoring system securing the
port and vessels from potential damage by sub-surface fishing
operations (e.g., trawling). These routing measures were adopted by IMO
in December 2004 and will be implemented on July 1, 2005. A safety
[[Page 24708]]
zone is an additional measure, intended to augment the routing measures
cited in the previous paragraph. The safety zone is needed to protect
the deepwater port, and other vessels and mariners from the potential
safety hazards associated with LNG operations while an LNG vessel is
moored at the port.
Discussion of Rule
The Coast Guard is establishing an interim safety zone 500 meters
around the Gulf Gateway Deepwater Port described above. All
unauthorized vessels are prohibited from entering into or moving within
this safety zone.
This rule is effective upon publication in the Federal Register.
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 and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
This safety zone is encompassed within a circle that extends out
only 500 meters from the center point, and is located approximately 116
miles off the coast of Louisiana, so the impacts on routine navigation
are expected to be minimal.
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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the high seas in the vicinity of the deepwater port. The impact
on small entities is expected to be minimal for the reasons enumerated
in the Regulatory Evaluation section of this rule.
If you are a small business entity and are significantly affected
by this regulation please contact Lieutenant Commander (LCDR) Kevin
Tone, Coast Guard Office of Operating and Environmental Standards, at
(202) 267-0226.
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 that 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 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. It 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 24709]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under the Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (4321-4370f).
NEPA sets forth a national policy that encourages and promotes
productive harmony between man and the environment. NEPA procedures
require that environmental information is available to public officials
and citizens before decisions are made and before actions are taken.
The NEPA process is intended to help public officials to make decisions
that are based on an understanding of environmental consequences and
take actions that protect, restore and/or enhance the environment.
The USCG and the MARAD are responsible for processing license
applications to own, construct, and operate deepwater ports. To meet
the requirements of NEPA, the Coast Guard prepared an Environmental
Assessment (EA) for this deepwater port project.
The EA assessed the potential environmental impacts associated with
the installation, and operation of the deepwater port, the offshore
pipelines and the future decommissioning of the deepwater port. The EA
also assessed the alternatives considered for the deepwater port
location, type of port (e.g., fixed or mobile structure), offshore
pipelines as well as alternative technologies.
The primary purposes of the EA were to:
(1) Provide an environmental analysis sufficient to support the
Maritime Administrator's licensing decisions;
(2) Facilitate a determination of whether the Applicant has
demonstrated that the Proposed Deepwater Port would be located,
constructed, operated, and decommissioned in a manner that represents
the best available technology necessary to prevent or minimize any
adverse effects on marine, coastal, and onshore environments;
(3) Aid the USCG's and the MARAD's compliance with National
Environmental Policy Act (NEPA); and
(4) Facilitate public involvement in the decision-making process.
The final EA is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 150
Harbors, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, Reporting and recordkeeping requirements.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 150 as follows:
PART 150--DEEPWATER PORTS: OPERATIONS
0
1. The authority citation for part 150 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No.
0170.1(70), (73), (75), (80).
0
2. Add Sec. 150.940(b) to read as follows:
Sec. 150.940 Safety zones for specific deepwater ports.
* * * * *
(b) The Gulf Gateway Deepwater Port (GGDWP)
(1) Description. The GGDWP safety zone is centered at the following
coordinates: 28[deg]05'16'' N, 093[deg]03'07'' W. This safety zone,
encompassed within a circle having a 500 meter radius around the
primary component of the Gulf Gateway Deepwater Port, the submerged
loading turret (buoy) and the pipeline end manifold (STL/PLEM), is
located approximately 116 miles off the Louisiana coast at West Cameron
Area, South Addition Block 603 ``A''.
(2) Regulations. Deepwater port support vessels desiring to enter
the safety zone must contact and obtain permission from the LNG
Regasification Vessel (LNGRV) stationed at the deepwater port. The
LNGRV can be contacted on VHF-FM Channel 13.
Dated: May 4, 2005.
B.M. Salerno,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Marine,
Safety, Security & Environmental Protection.
[FR Doc. 05-9432 Filed 5-6-05; 4:09 pm]
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