[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8837]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 150
[CGD 93-080]
RIN 2115-AE69
Louisiana Offshore Oil Port: Expansion of Deepwater Port Safety
Zone Boundaries
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is expanding the boundaries of the safety zone
for the Louisiana Offshore Oil Port (LOOP). A deepwater port safety
zone constitutes an area within which the erection of structures of
mobile drilling operations for the exploration for or extraction of oil
or gas is prohibited. Expanding the safety zone will enlarge the
approach to the terminal portion of the safety zone and provide more
unobstructed maneuvering room for vessels arriving and departing from
LOOP. This will reduce the risk of a marine casualty and consequent
pollution.
EFFECTIVE DATE: May 13, 1994.
ADDRESSES: Unless otherwise indicated, documents referenced in this
preamble are available for inspection or copying at the Office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jonathan Burton, Office of Marine Environmental Protection
(G-MEP), (202) 267-0426.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are
Lieutenant Commander Walter (Bud) Hunt, Project Manager, and Jacqueline
Sullivan, Project Counsel, Oil Pollution Act (OPA 90) Staff, (G-MS-1).
Regulatory History
On February 17, 1994, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled ``Louisiana Offshore Oil Port:
Expansion of Deepwater Port Safety Zone Boundaries'' in the Federal
Register (59 FR 8096). The Coast Guard received eight letters
commenting on the proposal. A public hearing was not requested, and one
was not held.
Background and Purpose
The Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) requires
the Secretary of Transportation to designate a zone of appropriate size
around and including any deepwater port for the purpose of navigational
safety and to protect the marine environment. This responsibility was
delegated to the Coast Guard in 49 CFR 1.46(s).
A deepwater port safety zone is designed to promote safety of life
and property, marine environmental protection, and navigational safety
at any deepwater port and adjacent waters. No installations,
structures, or uses that are incompatible with port operations are
permitted in a deepwater port safety zone. 33 CFR part 150 establishes
the geographic boundaries of the safety zone for the Louisiana Offshore
Oil Port (LOOP) in Annex A and provides for the modification of safety
zone boundaries as experience is gained in deepwater port operations.
The LOOP Safety Zone was first established on December 29, 1980 (45 FR
85644).
On January 16, 1984, LOOP submitted to the Coast Guard a request
for a waiver of the requirements of 33 CFR 150.337(a), which prohibits
a tanker from entering or departing a safety zone by other than a
designated safety fairway. LOOP submitted to the Coast Guard chart
11359 and indicated two uncharted areas adjacent to the safety zone
which they referred to as excursion zones. LOOP requested that vessels
calling at the deepwater port be provided with additional maneuvering
room by allowing use of these excursion zones when departing or
entering the LOOP safety zone. Deviations from the safety fairway into
these zones came to be known as ``excursions.'' On February 20, 1987,
the Coast Guard granted for 1 year a waiver of the requirements that
tankers enter and leave the safety zone by the safety fairway. Since
then, the Coast Guard has renewed the waiver on an annual basis.
On December 30, 1987, LOOP asked the Coast Guard to make the waiver
permanent. On February 8, 1988, the Coast Guard denied the request on
the grounds that future exploration for or extraction of oil or gas
might occur within one or both excursion zones. If such activity took
place, the Coast Guard might have to revoke the waiver for the sake of
safety.
On January 21, 1992, the Coast Guard published a notice of petition
for rulemaking and request for comments in the Federal Register
announcing a request by LOOP that the Coast Guard expand the safety
zone that surrounds the deepwater port (57 FR 2236). LOOP requested
that the Coast Guard enlarge the safety zone by adding the two
excursion zones and prohibit the erection of structures within the
safety zone. This in effect makes permanent the annual waiver of the
requirements of 33 CFR 150.337(a).
The expanded safety zone will include the present excursion zones,
broaden the entrance to LOOP, and prohibit the erection of structures
or mobile drilling operations. Enlarging the safety zone will reduce
the number of required vessel maneuverings and eliminate structures
from the zone, possibly reducing the risk of accidents and consequent
pollution. This safety zone reflects actual tanker activity at LOOP
based on detailed records the Coast Guard has required LOOP to
maintain.
To resolve the potential for conflicting use between the expanded
safety zone and oil and gas leases actually within the new zone, LOOP
has agreed to compensate CONOCO, Inc., the lessee of Grand Isle Blocks
53, 58, 59, and 65. CONOCO, Inc. will then relinquish these blocks to
MMS. LOOP will not seek further expansion of the safety zone or oppose
any exploration and production activity outside or adjacent to the
expanded safety zone.
On November 2, 1993, in a letter to the Department of
Transportation, the MMS stated that it supports the agreement between
LOOP and CONOCO, Inc. MMS stated that it is prepared to prohibit
surface occupancy of offshore oil and gas facilities in the safety
zone. However, MMS stated that it may be economically and technically
feasible to develop the resources lying beneath the safety zone by
directional drilling. MMS would not prohibit subseabed access provided
that surface facilities are located outside the safety zone. Such
subseabed activity would not interfere with vessel activity in the
safety zone.
Under the Deepwater Port Act of 1974, as amended (33 U.S.C.
1509(d)(1)), the Secretary of Transportation is required to consult
with the Secretary of State, the Secretary of Defense, the Secretary of
the Interior, and the Secretary of Commerce prior to issuing the safety
zone around any deepwater port for the purposes of navigational safety.
The Coast Guard has informed the noted Departments of the safety zone
expansion, and they have taken no exception to the safety zone as it
appears in this final rule.
Discussion of Comments and Changes
The Coast Guard has received eight comments on the NPRM. Six
comments endorsed the expansion of the safety zone or reversed previous
comments which raised questions about the safety zone. One comment
stated that LOOP should provide assurances that they will contain their
activities to the limits of the safety zone and that LOOP should
provide additional equipment and operational policies necessary to do
so. The Coast Guard has determined that LOOP has taken sufficient
measures to assure safe operation of the facility.
The National Oceanic and Atmospheric Administration identified four
miles of submerged pipelines in the expanded safety zone. These
pipelines have been located in this area at least since 1987 when the
excursion zone was first put into effect. The Coast Guard concludes
that the expanded safety zone will not increase the opportunity for
disturbance of submerged pipelines in the safety zone.
The Coast Guard has not revised the final rule based on comments
received on the NPRM.
Regulatory Assessment
This rulemaking is not a significant regulatory action under
section 3(F)(1) of Executive Order 12866 (58 FR 51735; October 4,
1993), and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order. It has not been reviewed
by the Office of Management and Budget under that Order. It is not a
significant regulation under the ``Department of Transportation
Regulatory Policies and Procedures'' (44 FR 11040; February 26, 1979).
The economic consequences of this rulemaking are minimal. Economic
effects include impacts on mineral extraction and the commercial
fishing industry. The expansion is relatively insignificant, comprising
an approximate 15 percent increase in the size of the safety zone.
When the original safety zone was established, it was not expected
that there would be significant interference with mineral extraction or
navigation. Due to the relatively small size of the expansion, no
impacts on mineral extraction or navigation are expected in this case
either. Access is available via alternative methods such as directional
drilling.
This rulemaking will have minimal economic consequences for
commercial vessels, including commercial fishing vessels. Commercial
fishing vessels will continue to have restricted use of portions of the
safety zone as provided in 33 CFR Table 150.345(a). Therefore, due to
the small additional area involved, the impact on fishing activities is
negligible. No opposition to the NPRM was received from the commercial
fishing industry. The Coast Guard did not receive any comments on the
economic consequences of this rulemaking.
In addition, this rulemaking provides permanent safety benefits.
Providing additional maneuvering area minimizes the likelihood of a
catastrophic pollution incident resulting from a vessel colliding with
any portion of the LOOP facility. Therefore, the Coast Guard expects
that expansion of the safety zone will reduce the environmental hazard.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this safety zone will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
business concerns under section 3 of the Small Business Act (15 U.S.C.
632). The small entities affected by this rule are commercial fishing
activities at the deepwater port. The Coast Guard did not receive any
comments on the impact of this rulemaking on small entities. The impact
will be minimal. Therefore, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501, et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment. LOOP is located beyond
State waters where only Federal jurisdiction applies.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2(c) of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This rule will not result in significant
impact on the quality of the human environment, as defined by the
National Environmental Policy Act. A Categorical Exclusion
Determination is available in the docket for inspection or copying
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.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 150 as follows:
PART 150--OPERATIONS
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) and
(m)(2), 1509; sec. 2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.
351; 49 CFR 1.46.
Appendix A to Part 150--Deepwater Port Safety Zone Boundaries
2. Appendix A to part 150, Annex A, is amended by revising section
(a) to read as follows:
* * * * *
Annex A.--LOOP, Inc. Deepwater Port, Gulf of Mexico
[(a) Deepwater Port Safety Zone]
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Latitude N. Longitude W.
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(1) Starting at:
28 deg.55'23''........................................... 90 deg.00'37'
'
(2) A rhumb line to
28 deg.53'50''........................................... 90 deg.04'07'
'
(3) Then an arc with a 4,465 meter (4,883 yard) radius
centered at the port pumping platform complex (PPC),
28 deg.53'06''........................................... 90 deg.01'30'
'
(4) to a point
28 deg.51'07''........................................... 90 deg.03'06'
'
(5) Then a rhumb line to
28 deg.50'09''........................................... 90 deg.02'24'
'
(6) Then a rhumb line to
28 deg.49'05''........................................... 89 deg.55'54'
'
(7) Then a rhumb line to
28 deg.48'36''........................................... 89 deg.55'00'
'
(8) Then a rhumb line to
28 deg.52'04''........................................... 89 deg.52'42'
'
(9) Then a rhumb line to
28 deg.53'10''........................................... 89 deg.53'42'
'
(10) Then a rhumb line to
28 deg.54'52''........................................... 89 deg.57'00'
'
(11) Then a rhumb line to
28 deg.54'52''........................................... 89 deg.59'36'
'
(12) Then an arc with a 4,465 meter (4,883 yard) radius
centered again at the port PPC,
(13) To the point of starting,
28 deg.55'23''........................................... 90 deg.00'37'
'
------------------------------------------------------------------------
Dated: April 6, 1994.
* * * * *
J.F. McGowan,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-8837 Filed 4-12-94; 8:45 am]
BILLING CODE 4910-14-M