[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Proposed Rules]
[Pages 63642-63645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30481]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 147

[CGD08-01-025]
RIN 2115-AG22


Safety Zones for Outer Continental Shelf Facilities 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 five 
petroleum and gas production facilities in the Outer Continental Shelf 
in the Gulf of Mexico. The four platforms and one moored spar buoy need 
to be protected from vessels operating outside the normal shipping 
channels and fairways. Placing safety zones around these facilities 
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

[[Page 63643]]

authorized by the Eighth Coast Guard District Commander.

DATES: Comments and related material must reach the Coast Guard on or 
before February 8, 2002.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans LA 70130, or comments and related material 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. Commander, Eighth Coast Guard District (m) 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at Commander, 
Eighth Coast Guard District (m) between 8 a.m. and 3:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Karrie Trebbe, Project Manager for 
Eighth Coast Guard District Commander, Hale Boggs Federal Bldg., 501 
Magazine Street, New Orleans LA 70130, telephone (504) 589-6271.

SUPPLEMENTARY INFORMATION:

Requests 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 [CGD08-01-
025], 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 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

    The Coast Guard proposes to establish safety zones around the 
following petroleum producing facilities in the Gulf of Mexico: 
ExxonMobil Hoover Floating OCS Facility, a moored spar buoy, Alaminos 
Canyon Block 25A (AC25A), located at position 26 deg.56'33" N, 
94 deg.41'19.55" W; Sir Douglas Morpeth Tension Leg Platform (Morpeth 
TLP), Ewing Bank Block 921A (EB 921A), located at position 
28 deg.02'05.28" N, 90 deg.01'22.12" W; and Allegheny Tension Leg 
Platform (Allegheny TLP), Green Canyon Block 254A (GC 254A), located at 
position 27 deg.41'29.65" N, 90 deg.16'31.93" W; Brutus Tension Leg 
Platform (Brutus TLP), Green Canyon Block 158 (GC 158), located at 
position 27 deg.47'42.86" N, 90 deg.38'51.15" W; Enchilada Platform, 
Garden Banks Block 128A (GB 128A), located at position 27 deg.52'31.31" 
N, 91 deg.59'11.09" W.
    These five proposed safety zones 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.
    ExxonMobil Production Company, British Borneo USA, Inc and Shell 
Exploration and Production have requested that the Coast Guard 
establish safety zones in the Gulf of Mexico around the following: 
ExxonMobil Production Company, the ExxonMobil Hoover Floating OCS 
Facility, a moored spar buoy; British Borneo platforms, the Morpeth TLP 
and the Allegheny TLP; and Shell platforms, the Brutus TLP and the 
Enchilada Platform.
    The request for the safety zones was made due to the high level of 
shipping activity around the facilities and the safety concerns for 
both the personnel on board the facilities and the environment. 
ExxonMobil Production Company, British Borneo USA, Inc and Shell 
Exploration and Production, indicated that the location, production 
level, and personnel levels on board the facilities make it highly 
likely that any allision with the facilities would result in a 
catastrophic event. The Enchilada Platform is located near the edge of 
a shipping safety fairway. The ExxonMobil Hoover Floating OCS Facility, 
Brutus TLP, Morpeth TLP and Allegheny TLP are located in open waters 
where no fixed structures previously existed. All are high production 
oil and gas drilling platforms producing from 20,000 to 108,000 barrels 
of oil per day, and are manned with crews ranging from approximately 18 
to 160 people.
    The Coast Guard has reviewed ExxonMobil Production Company's, 
British Borneo USA, Inc's and Shell Exploration and Production's 
concerns and agrees that the risk of allision to the facilities 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 this threat of 
allisions, oil spills and natural gas and increase the safety of life, 
property, and the environment in the Gulf of Mexico. This regulation is 
issued pursuant to 14 U.S.C. 85 as set out in the authority citation 
for all of 33 CFR part 147.

Discussion of Proposed Rule

    In addition to the general risks discussed above, the following 
specific risks apply to the individual facilities. The specific risk 
factors, which necessitate a safety zone for the ExxonMobil Hoover 
Floating OCS Facility, a moored spar buoy, are as follows: (1) There is 
no designated fairway at this distance offshore and mariners use the 
facility as a navigational aid; (2) the facility has a high production 
capacity of 100,000 barrels of petroleum oil per day and 325 million 
cubic feet of gas per day; and (3) the facility is manned with a crew 
of 160.
    The specific risk factors, which necessitate a safety zone for the 
Morpeth TLP, are as follows: (1) Proximity to the Gulf of Mexico East-
West fairway; (2) the facility has a high production capacity of 15,000 
barrels of petroleum oil per day and 12,000 cubic feet of gas per day; 
and (3) the facility is manned with a crew of 18.
    The specific risk factors, which necessitate a safety zone for the 
Allegheny TLP, are as follows: (1) There is no designated fairway at 
this distance offshore and mariners use the facility as a navigational 
aid; (2) the facility has a high production capacity of 23,500 barrels 
of petroleum oil per day and 32

[[Page 63644]]

million cubic feet of gas per day; and (3) the facility is manned with 
a crew of 18.
    The specific risk factors, which necessitate a safety zone for the 
Brutus TLP, are as follows: (1) Proximity to the Gulf of Mexico East-
West fairway; (2) the facility has a high production capacity of 
100,000 barrels of petroleum oil per day and 150 million cubic feet of 
gas per day; and (3) the facility is manned with a crew of 150.
    The specific risk factors, which necessitate a safety zone for the 
Enchilada Platform, are as follows: (1) Proximity to the Gulf of Mexico 
East-West fairway; (2) the facility has a high production capacity of 
108,000 barrels of petroleum oil per day and 384 million cubic feet of 
gas per day; and (3) the facility is manned with a crew of 35.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (44 FR 11040; 
February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The impacts on routine navigation are expected to be minimal 
because the safety zone will not encompass any nearby safety fairways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612.), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Since the offshore facilities are located far 
offshore, few privately owned fishing vessels and recreational boats/
yachts may be operating in the area and alternate routes are available 
for these vessels. Deviation of their intended course may cause a 
minimal loss of time (estimated loss of four to ten minutes) to their 
destination depending on how fast the vessel is traveling. The Coast 
Guard expects the impact of this regulation on small entities to be 
minimal.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Small businesses may send comments on the actions of Federal 
Employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

[[Page 63645]]

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 147 as follows:

PART 147--SAFETY ZONES

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


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

    2. Add Secs. 147.815, 147.817, 147.819, 147.821 and 147.23 to read 
as follows:


Sec. 147.815  ExxonMobil Hoover Floating OCS Facility safety zone.

    (a) Description. The ExxonMobil Hoover Floating OCS Facility, a 
moored spar buoy, Alaminos Canyon Block 25A (AC25A), is located at 
position 26 deg.56'33" N, 94 deg.41'19.55" 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 the following: (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. 147.817  Sir Douglas Morpeth Tension Leg Platform safety zone.

    (a) Description. The Sir Douglas Morpeth Tension Leg Platform 
(Morpeth TLP), Ewing Bank Block 921A (EB 921A), is located at position 
28 deg.02'5.28" N, 90 deg.01'22.12" 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 the following: (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. 147.819  Allegheny Tension Leg Platform safety zone.

    (a) Description. The Allegheny Tension Leg Platform (Allegheny 
TLP), Green Canyon Block 254A (GC 254A), is located at position 
27 deg.41'29.65" N, 90 deg.16'31.93" 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 the following: (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. 147.821  Brutus Tension Leg Platform safety zone.

    (a) Description. The Brutus Tension Leg Platform (Brutus TLP), 
Green Canyon Block 158 (GC 158), is located at position 
27 deg.47'42.86" N, 90 deg.38'51.15" 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 the following: (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. 147.823  Enchilada Platform safety zone.

    (a) Description. The Enchilada Platform, Garden Banks Block 128A 
(GB 128A), is located at position 27 deg.52'31.31" N, 91 deg.59'11.09" 
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 the following: (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.

    Dated: August 27, 2001.
R.J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-30481 Filed 12-7-01; 8:45 am]
BILLING CODE 4910-15-U