[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Proposed Rules]
[Pages 21061-21063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10457]
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DEPARTMENT OF DEFENSE
Corps of Engineers
33 CFR Part 322
Permits for Structures Located Within Shipping Safety Fairways
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Corps seeks comments on its 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 existing rule because drilling and
production technologies have greatly extended the range of deepwater
drilling and the 120 day time limits placed on temporary structures
allowed within fairway boundaries may no longer be reasonable.
DATES: Written comments must be received on or before May 31, 1995.
ADDRESSES: Comments should be addressed to: HQUSACE, Attn: CECW-OR,
Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Mr. Ralph T. Eppard at (202) 761-1783.
SUPPLEMENTARY INFORMATION: Department of the Army permits are required
for the construction of any structure in or over any navigable water
[[Page 21062]] 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(e)).
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 contains 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 Corps 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. Presently,
according to offshore hydrocarbon exploration and production companies,
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. Accordingly, the limitation on the
length of time (120 days), that an anchor is allowed within a fairway
may not be appropriate, particularly in water depths in excess of 600
feet. The industry has available many 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 hydrocarbons
is the location of a fairway. Current regulations require that the
production system be placed at great distance from the fairway in order
to keep the anchors clear of the fairway. The result is that there may
be hydrocarbon bearing lease areas that cannot be effectively
penetrated and produced. It should be noted that if this proposal 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. In addition, these proposed
amendments are not intended to allow drilling structures within the
fairways.
On July 7, 1994, we published an advance notice of proposed
rulemaking in the Federal Register, soliciting comments on four
separate options concerning this matter. The options presented in the
ANPRN were: (1) Take no action; (2) Remove the 120-day time
restrictions when water depths exceed 600 feet; (3) Require an
individual permit for any structure that will remain within a fairway
for 120 days or longer, or (4) Require an individual permit for any
structure within a fairway. We received 18 letters in response to the
ANPRN and we sincerely appreciate those commenters taking the time and
effort to provide their input and recommendations on this important
matter. Based on our review of the original request(s) to amend the
regulations and the responses to the ANPRN, we have decided to propose
the amendments in option 2 that would remove the-120 day time limit
when water depths at the drilling location exceed 600 feet. At this
time it has not been demonstrated by facts and technical information
presented that the other options would provide a greater margin of
safety for vessels operating in the fairways, with or without the time
limits while accommodating current production platforms. We strongly
recommend that any technical data available to support a position of
whether or not to make this proposed change, be included with any
comments submitted. 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) * * *
Today, we are proposing to amend 33 CFR 322.5(l) by removing t he
word ``temporary'', making it clear by restructuring the sentences that
drilling rigs, including floating or semisubmersible drilling rigs, are
not allowed within fairway boundaries and adding a sentence to
paragraph (l)(1)(i) to eliminate time restrictions on temporary and
permanent anchors, attendant cable and chains within fairways when
water depths exceed 600 feet. Such anchors, attendant cable and chains
must be for floating or semisubmersible exploratory or production
drilling rigs only. In areas where water depths are less than 600 feet,
the time limit of 120 days continues to apply.
Regulatory Analyses and Notices
The Corps has determined in accordance with E.O. 12866 that this
proposed rule is not a major rule. It will [[Page 21063]] not result in
an annual effect on the economy of $100 million or more. There will be
no major increase in costs or prices for consumers; individual
industries, Federal, State or local Governments or geographic regions.
It will not have a significant adverse effect on competition,
employment, investment, productivity, or the ability of United States-
based enterprises to compete with foreign-based enterprises in domestic
or export markets. Pursuant to the Regulatory Flexibility Act, Pub. L.
96-354, I certify that this rule if finalized will not have a
significant economic effect on a substantial number of small entities
as the rule would remove a restriction allowing access to areas to on
the Outer Continental Shelf previously unavailable.
List of Subjects in 33 CFR Part 322
Continental shelf, Electric power, Navigation, Water pollution
control, Waterways.
In consideration of the above, the Corps of Engineers is proposing
to amend part 322 of title 33, as follows:
PART 322--PERMITS FOR STRUCTURES OR WORK IN OR AFFECTING NAVIGABLE
WATERS OF THE UNITED STATES
1. The authority citation for part 322 continues to read as
follows:
Authority: 33 U.S.C. 403.
2. Section 322.5 is amended by revising the introductory text of
paragraph (l)(1), adding a new paragraph (l)(1)(i); redesignating the
existing paragraphs (l)(1)(i) as (l)(1)(ii), (l)(1)(ii) as (l)(1)(iii),
(l)(1)(iii) as (l)(1)(iv), (l)(1)(iv) as (l)(1)(v), (l)(1)(v) as
(l)(1)(vi) and (l)(1)(vi) as (1)(vii), and revising newly redesignated
(l)(1)(ii) to read as follows:
Sec. 322.5 Special policies.
* * * * *
(1) Shipping safety fairways and anchorage areas. * * *
(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 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 purpose of such anchors and attendant cables or chains as
used in this section is to stabilize floating or semisubmersible
drilling rigs which are located outside the boundaries of the fairway.
(ii) In water depths of 600 feet or less, the installation of
anchors and attendant cables or chains 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 located within a fairway, whether temporary
or permanent, shall not apply.
* * * * *
Dated: April 20, 1995.
Gary W. Wright,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 95-10457 Filed 4-28-95; 8:45 am]
BILLING CODE 3710-92-M