[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66434-66436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30739]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 147

[CGD08-99-023]
RIN 2115-AF93


Safety Zone; Outer Continental Shelf Platforms in the Gulf of 
Mexico

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones around 
seven high-production, manned oil and natural gas platforms in the 
Outer Continental Shelf in the Gulf of Mexico. The seven platforms need 
to be protected from vessels operating outside the normal shipping 
channels and fairways. Placing safety zones around the platforms will 
significantly reduce the threat of allisions, oil spills and releases 
of natural gas. The proposed regulation prevents all vessels from 
entering or remaining in specified areas around the platforms 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 District Commander. The proposed safety zones are necessary to 
protect the safety of life, property and environment.

DATES: Comments must be received on or before January 25, 2000.

ADDRESSES: Comments can be mailed to Commander, Eighth Coast Guard 
District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New 
Orleans LA 70130, or may be delivered to Room 1341 at the same address 
between 8 A.M. and 3:30 P.M., Monday through Friday, except federal 
holidays. The telephone number is (504) 589-6271. Comments will become 
a part of the public docket and will be available for copying and 
inspection at the same address.

FOR FURTHER INFORMATION CONTACT: LCDR Roderick Walker, Project Manager 
for Eighth District Commander, telephone (504) 589-3043.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-99-
023), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, 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 proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District (m) at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Shell Offshore, Inc. requested that the Coast Guard establish 
safety zones around the following Shell platforms in the Gulf of 
Mexico: Boxer located at position 27-56-48N, 90-59-48W; Bullwinkle 
Platform located at position 27-53-01N, 90-54-04W; Ursa Tension Leg 
Platform (Ursa TLP) located at position 28-09-14.497N, 89-06-12.790W; 
West Delta 143 Platform located at position 28-39-42N, 89-33-05W; Mars 
Tension Leg Platform (Mars TLP) located at position 28-10-10.290N, 89-
13-22.35W with two supply boat mooring buoys at positions 28-10-18.12N, 
89-12-52.08W (Northeast) and 28-9-49.62N, 89-12-57.48W (Southeast); 
Ram-Powell Tension Leg Platform (Ram-Powell TLP) located at position 
29-03-52.2N, 88-05-30W with two supply boat mooring buoys at positions 
29-03-52.2N, 88-05-12.6W (Northeast) and 29-03-28.2N, 88-05-10.2W 
(Southeast); and Auger Tension Leg Platform (Auger TLP) located at 
position 27-32-45.4N, 92-26-35.09W with two supply boat mooring buoys 
at positions 27-32-38.1N, 92-26-.048W (East Buoy) and 27-32-58.14N, 92-
27-4.92W (West Buoy).
    The request for the safety zones was made due to the high level of 
shipping activity around the platforms and the

[[Page 66435]]

safety concerns for both the personnel aboard the platforms and the 
environment. Shell Offshore, Inc. indicated that the location, 
production level and personnel levels on board the seven platforms make 
it highly likely that any allision with the platforms would result in a 
catastrophic event. The seven platforms are high production oil and gas 
drilling platforms producing from 100,000 to 250,000 Barrels of oil per 
day. All are manned with crews ranging from approximately 130 to 156 
people. Each of the platforms is also near the edge of a shipping 
safety fairway or fairway intersection.
    The safety zones established by this regulation are in the 
deepwater area of the Gulf of Mexico. For the purposes of this 
regulation it is considered to be 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 
proposed safety zones consists of large commercial shipping vessels, 
fishing vessels, cruise ships, tugs with tows and the occasional 
recreational vessel. The deepwater area also includes an extensive 
system of fairways. The fairways include the Gulf of Mexico East-West 
fairway, the entrance/exit route of the Mississippi River, and the 
Houston-Galveston Safety Fairway. Significant amounts of vessel traffic 
occur in or near the various fairways in the deepwater area. The oil 
producing platforms covered by this regulation are also located in 
close proximity to the fairways.
    The Coast Guard has reviewed Shell Offshore Inc.'s concerns and 
agrees that the risk of allision to the platforms and the potential for 
loss of life and damage to the environment resulting from such an 
accident warrant the establishment of these safety zones. The proposed 
regulation would significantly reduce the threat of allisions, oil 
spills, and releases of natural gas and increase the safety of life, 
property and the environment in the Gulf of Mexico.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
Executive Order 12866 and is not significant under the ``Department of 
Transportation Regulatory Policies and Procedures'' (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full regulatory evaluation in unnecessary. 
The impacts on routine navigation are expected to be minimal.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism Assessment

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have federalism implications under that 
Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.C this proposal is categorically excluded 
from further environmental documentation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small business and not-for-profit 
organizations that are independently owned and operated, are not 
dominant in their field and that otherwise qualify as ``small business 
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). 
Since alternate routes are available for the small number of vessels to 
be affected by this proposed regulation, the Coast Guard expects the 
impact of this regulation on small entities to be minimal. Therefore, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
regulation will not have a significant economic impact on a substantial 
number of small entities.
    If, however, you think that your business or organization qualifies 
as a small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
it.

List of Subjects in 33 CFR Part 147

    Marine safety, Navigation (water), Outer Continental Shelf.

Regulation

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 147 of title 33, Code of Federal Regulations as follows:

PART 147--[AMENDED]

    1. The authority citation for part 147 continues to read as 
follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and 49 CFR 1.46


Sec. 147.1101  [Redesignated as Sec. 147.20]

    2. Section 147.1101 is redesignated Sec. 147.20.
    3. New Sec. 147.801 through Sec. 147.813 are added to read as 
follows:


Sec. 147.801  BOXER Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge, not to extend into the adjacent 
East-West Gulf of Mexico Fairway is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.

[[Page 66436]]

Sec. 147.803  BULLWINKLE Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.


Sec. 147.805  URSA TENSION LEG Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.


Sec. 147.807  WEST DELTA 143 Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge, not to extend into the adjacent 
Mississippi River Approach Fairway is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.


Sec. 147.809  MARS TENSION LEG Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge and the area within 500 meters 
(1640.4 feet) of each of the supply boat mooring buoys is a safety 
zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.


Sec. 147.811  RAM-POWELL TENSION LEG Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge and the area within 500 meters 
(1640.4 feet) of each of the supply boat mooring buoys is a safety 
zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (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.


Sec. 147.813  AUGER TENSION LEG Platform safety zone

    (a) Description. The area within 500 meters (1640.4 feet) from each 
point on the structure's outer edge and an area within 500 meters 
(1640.4 feet) of each of the supply boat mooring buoys is a safety 
zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing 
or fishing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

    Dated: November 12, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-30739 Filed 11-24-99; 8:45 am]
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