[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16348]


[[Page Unknown]]

[Federal Register: July 7, 1994]


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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army

33 CFR Part 322

 

Permits for Structures Located Within Shipping Safety Fairways

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Corps seeks comments on a tentative proposal to change its 
rules regarding permits for the placement of temporary anchors, cables 
and chains for floating or semisubmersible drilling rigs within 
shipping safety fairways. Shipping safety fairways and anchorages are 
established on the Outer Continental Shelf by the U.S. Coast Guard to 
provide unobstructed approaches for vessels using U.S. ports. This 
initiative arises as a result of requests by offshore oil companies for 
exemptions to the provisions of the rule because drilling and 
production technologies have greatly extended the range of deepwater 
drilling and the limits placed on temporary structures allowed within 
fairway boundaries may no longer be reasonable.

DATES: Comments should be received on or before August 22, 1994. 
Comments filed after that date will be considered to the extent 
practicable.

ADDRESSES: HQUSACE, Attn: CECW-OR, Washington, D.C. 20314-1000 .

FOR FURTHER INFORMATION CONTACT:
Mr. Ralph T. Eppard at (202) 272-1783.

SUPPLEMENTARY INFORMATION: Department of the Army permits are required 
for the construction of any structure in or over any navigable water of 
the United States pursuant to Section 10 of the Rivers and Harbors Act 
of 1899 (30 Stat. 1151; 33 U.S.C. 403). This authority was extended to 
artificial islands and fixed structures located on the Outer 
Continental Shelf (OCS) by Section 4(f) of the Outer Continental Shelf 
Lands Act of 1953 (67 Stat. 463; 43 U.S.C. 1333(f)).

Background

    Pursuant to the cited authorities, the Corps promulgated 
regulations in 33 CFR 209.135 establishing shipping safety fairways in 
the Gulf of Mexico to provide obstruction-free routes for vessels in 
approaches to United States ports. The Corps provided these 
obstruction-free routes by denying permits for structures within 
certain designated lanes. In 1978, the Ports and Waterways Safety Act 
(PWSA), was amended to delegate authority to the Department of 
Transportation and the Commandant, U.S. Coast Guard to establish vessel 
routing measures, including fairways and fairway anchorages. In 
accordance with the PWSA, the Coast Guard completed the required 
studies and published final rules establishing shipping safety fairways 
on May 13, 1982. The Corps subsequently revoked its fairway regulations 
in Sec. 209.135(d) but retained paragraph (b), which contained the 
conditions under which the nationwide permit for oil exploration and 
production structures on the OCS (33 CFR 330.5(a)(8)), was issued. On 
November 13, 1986, the fairway regulations were repromulgated in 33 CFR 
322.5(l) to consolidate all permit regulations for structures in the 
same part.
    When the regulations allowing temporary structures within fairways 
were promulgated by the Corps in 1981, deepwater drilling occurred in 
water depths of 300 to 600 feet. At that time, the limitation of 120 
days that temporary anchors would be allowed within fairways was 
considered reasonable. If the exploratory well was successful, a 
conventional fixed production platform would be used and there would be 
no further need to maintain the anchors within the fairway. According 
to offshore hydrocarbon exploration and production companies, the 
existing technology has extended the range of deepwater drilling to 
water depths of 1,000 to 4,000 feet. As a result, drilling times have 
increased and production methods have changed. Today, the limitation on 
the length of time (120 days), that an anchor is allowed within a 
fairway is no longer appropriate, particularly in water depths in 
excess of 600 feet. The industry has available many different types of 
production platforms, including floating production systems that are 
anchored in place during the productive life of the reserves and then 
moved to a new location. In water depths greater than 600 feet, the 
floating production platform becomes an important production option and 
in water depths greater than 1,000 feet these units are essential. In 
many instances, the only obstacle to using this type of system to drill 
and produce hydocarbons is the location of a fairway. Current 
regulations require that the production system be placed a great 
distance from the fairway in order to keep the anchors clear of the 
fairway. The result is that there are many hydrocarbon bearing lease 
areas that cannot be effectively penetrated and produced. It should be 
noted that if one of the following proposals is adopted, the 
requirement that the rig must be situated as necessary to insure that 
the minimum clearance over an anchor line within a fairway is 125 feet, 
will not be changed, unless we find that an individual permit is 
required and the minimum clearance over an anchor line would be 
determined on a case-by-case basis.
    Another option that we are exploring is to revise the nationwide 
permit #8 to eliminate the authorization for all anchors and cables and 
chains associated with oil and gas drilling and production in water 
depths greater than 600 feet within fairways. This would result in the 
requirement that the activities occurring in water depths greater than 
600 feet would be subject to the Corps individual permit procedures. 
The nationwide permit in 33 CFR 330 would continue to apply to those 
activities in waters less than 600 feet in depth, without any changes 
to the regulations.
    The following is the text in 33 CFR 322.5(l)(1) (Existing):

    (l) * * * (1) Shipping safety fairways and anchorage areas. DA 
permits are required for structures located within shipping safety 
fairways and anchorage areas established by the U.S. Coast Guard. 
(1) The Department of the Army will grant no permits for the 
erection of structures in areas designated as fairways, except that 
district engineers may permit temporary anchors and attendant cables 
or chains for floating or semisubmersible drilling rigs to be placed 
within a fairway provided the following conditions are met:
    (i) The installation of anchors to stabilize semisubmersible 
drilling rigs within fairways must be temporary and shall be allowed 
to remain only 120 days. This period may be extended by the district 
engineer provided reasonable cause for such extension can be shown 
and the extension is otherwise justified.
    (ii) Drilling rigs must be at least 500 feet from any fairway 
boundary or whatever distance necessary to insure that minimum 
clearance over an anchor line within a fairway will be 125 feet.
    (iii) No anchor buoys or floats or related rigging will be 
allowed on the surface of the water or to a depth of 125 feet from 
the surface, within the fairway.
    (iv) Drilling rigs may not be placed closer than 2 nautical 
miles of any other drilling rig situated along a fairway boundary, 
and not closer than 3 nautical miles to any drilling rig located on 
the opposite side of the fairway.
    (v) The permittee must notify the district engineer, Bureau of 
Land Management, Mineral Management Service, U.S. Coast Guard, 
National Oceanic and Atmospheric Administration and the U.S. Navy 
Hydrographic Office of the approximate dates (commencement and 
completion) the anchors will be in place to insure maximum 
notification to mariners.
    (vi) Navigation aids or danger markings must be installed as 
required by the U.S. Coast Guard.
    (2) * * *

Options

    Option #1: Take no action. Leave existing regulations in place with 
all existing time limits for temporary anchors etc., as stated above.
    Option #2: Remove time restrictions on temporary and permanent 
anchors within fairways when water depths exceed 600 feet, as follows:
    (l) * * * (1) The Department of the Army will grant no permits for 
the erection of structures in areas designated as fairways, except that 
district engineers may permit temporary or permanent anchors and 
attendant cables or chains for floating or semisubmersible drilling 
and/or production systems to be placed within a fairway provided the 
following conditions are met:
    (i) In water depths of 600 feet or less, the installation of 
anchors to stabilize semisubmersible drilling rigs within fairways must 
be temporary and shall be allowed to remain only 120 days. This period 
may be extended by the district engineer provided reasonable cause for 
such extension can be shown and the extension is otherwise justified. 
In water depths greater than 600 feet, time restrictions on anchors and 
attendant cables or chains for floating or semisubmersible drilling 
rigs and/or production system located within a fairway, whether 
temporary or permanent, shall not apply.
    Option #3: Require an individual permit for any structure that will 
remain within a fairway for 120 days or longer.
    (l) * * * (1) The Department of the Army will grant no permits for 
the erection of structures in areas designated as fairways, except that 
district engineers may permit temporary anchors and attendant cables or 
chains for floating or semisubmersible drilling rigs to be placed 
within a fairway provided the following conditions are met:
    (i) The installation of anchors to stabilize semisubmersible 
drilling rigs within fairways must be temporary and shall be allowed to 
remain only 120 days. This period may be extended by the district 
engineer following the procedures prescribed by these regulations for 
an individual permit, including the issuance of a public notice and 
opportunity for a public hearing.
    Option #4: Require individual permits for any structure within a 
fairway.
    (l) * * * (1) The Department of the Army will grant no permits for 
the erection of structures in areas designated as fairways, except that 
district engineers may permit temporary or permanent anchors and 
attendant cables or chains for floating or semisubmersible drilling 
and/or production systems to be placed within a fairway after following 
the procedures prescribed by these regulations for an individual 
permit, including the issuance of a public notice and opportunity for a 
public hearing.

Regulatory Analyses and Notices

    This ANPRM seeks comments on a tentative proposal that may be 
further pursued through informal rulemaking based in part on comments 
received. This ANPRM does not establish any requirements but is rather 
a voluntary action intended to collect information regarding whether to 
pursue rulemaking on this issue. Therefore, no economic impact 
assessment has been prepared. The Corps will provide all regulatory 
analyses and notices, as appropriate, for any future rulemakings on 
this subject.

    Dated: June 16, 1994.
John P. Elmore,
Chief, Operations, Construction and Readiness Division, Directorate of 
Civil Works.
[FR Doc. 94-16348 Filed 7-6-94; 8:45 am]
BILLING CODE 3710-92-M