[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Rules and Regulations]
[Pages 16823-16825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7637]


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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: Final rule.

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[[Page 16824]]

SUMMARY: The Coast Guard is establishing safety zones around seven 
high-production, manned oil and natural gas platforms on 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 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 safety zones are necessary to protect the 
safety of life, property, and environment.

DATES: This rule will become effective May 1, 2000.

ADDRESSES: The public docket and all documents referred to in this rule 
are available for inspection or copying at the Eighth Coast Guard 
District Marine Safety Division, 501 Magazine Street, room 1341, New 
Orleans, Louisiana 70130, between 8:30 a.m. and 3:00 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking [CGD 08-99-023] was published on 
November 26, 1999.
    One comment was received from Shell Exploration and Production 
Company requesting that the latitude and longitude for each referenced 
facility be added into the regulation. The Coast Guard agrees and has 
made the additions.

Background and Purpose

    The safety zones established by this regulation are in the 
deepwater area of the Gulf of Mexico. For the purposes of this 
regulation the deepwater area 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 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 and 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.
    Shell Offshore, Inc. requested that the Coast Guard establish 
safety zones around the following Shell platforms in the Gulf of 
Mexico: the Boxer Platform, The Bulwinkle Platform, the Ursa Tension 
Leg Platform, the West Delta Platform, the Mars Tension Leg Platform, 
the Ram-Powell Tension Leg Platform, and the Auger Tension Leg 
Platform.
    The request for the safety zones was made due to the high level of 
shipping activity around the platforms and the 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. Some 
of the platforms are located near the edge of a shipping safety fairway 
or fairway intersection. Others are located in open waters where no 
fixed structures previously existed. All are high production oil and 
gas drilling platforms producing from 100,000 to 250,000 barrels of oil 
per day, and are manned with crews ranging from approximately 130 to 
156 people.
    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 West 
Delta 143 platform covered by this regulation did not meet the 
deepwater criteria; however, the Coast Guard believes its exposed 
location adjacent to a safety fairway and volume of throughput 
necessitated its inclusion into the rulemaking. The 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 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 is unnecessary. 
The impacts on routine navigation are expected to be minimal.

Collection of Information

    This 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 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 rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C 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

[[Page 16825]]

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, that 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 
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 regulation will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 147

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

Regulation

    In consideration of the foregoing, the Coast Guard amends 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 and revised]

    2. Section 147.1101 is redesignated Sec. 147.20 and revised to read 
as follows:


Sec. 147.20  Definitions.

    Unless otherwise stated, the term ``attending vessel'' refers to 
any vessel which is operated by the owner or operator of an OCS 
facility located in the safety zone, which is used for the purpose of 
carrying supplies, equipment or personnel to or from the facility, 
which is engaged in construction, maintenance, alteration, or repair of 
the facility, or which is used for further exploration, production, 
transfer or storage of natural resources from the seabed beneath the 
safety zone.

    3. New sections Sec. 147.801 through Sec. 147.813 are added to read 
as follows:


Sec. 147.801  Boxer Platform safety zone.

    (a) Description. The Boxer Platform is located at position 27 deg. 
56' 48" N, 90 deg. 59' 48" W. 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.


Sec. 147.803  Bullwinkle Platform safety zone.

    (a) Description. The Bullwinkle Platform is located at position 
27 deg. 53' 01" N, 90 deg. 54' 04" W. 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 Ursa Tension Leg Platform (Ursa TLP) is 
located at position 28 deg. 09' 14.497" N, 89 deg. 06' 12.790" W. 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 West Delta 143 Platform is located at position 
28 deg. 39' 42" N, 89 deg. 33' 05" W. 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 Mars Tension Leg Platform (Mars TLP) is 
located at position 28 deg. 10' 10.29" N, 89 deg. 13' 22.35" W with two 
supply boat mooring buoys at positions 28 deg. 10' 18.12" N, 89 deg. 
12' 52.08" W (Northeast) and 28 deg. 09' 49.62" N, 89 deg. 12' 57.48" W 
(Southeast). 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 Ram-Powell Tension Leg Platform (Ram-Powell 
TLP) is located at position 29 deg. 03' 52.2" N, 88 deg. 05' 30" W with 
two supply boat mooring buoys at positions 29 deg. 03' 52.2" N, 88 deg. 
05' 12.6" W (Northeast) and 29 deg. 03' 28.2" N, 88 deg. 05' 10.2" W 
(Southeast). 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 Auger Tension Leg Platform (Auger TLP) is 
located at position 27 deg. 32' 45.4" N, 92 deg. 26' 35.09" W with two 
supply boat mooring buoys at positions 27 deg. 32' 38.1" N, 92 deg. 26' 
04.8" W (East Buoy) and 27 deg. 32' 58.14" N, 92 deg. 27' 04.92" W 
(West Buoy). 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: March 14, 2000.
K. J. Eldridge,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard 
District.
[FR Doc. 00-7637 Filed 3-29-00; 8:45 am]
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