[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Rules and Regulations]
[Pages 4100-4103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1871]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing safety zones around five 
petroleum and gas production facilities in the Outer Continental Shelf 
in the Gulf of Mexico. The facilities, which include 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 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 Coast Guard District Commander.

DATES: This final rule is effective February 27, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD08-01-025] and are available for inspection or 
copying at Commander, Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, Louisiana, between 8 
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (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:

Regulatory History

    On December 10, 2001, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Safety

[[Page 4101]]

Zones for Outer Continental Shelf Facilities in the Gulf of Mexico'' in 
the Federal Register (66 FR 63642). We received one letter, one fax and 
one phone call commenting on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    The Coast Guard is establishing 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 (EW 921A), located at position 28[deg]02'05.28'' N, 
90[deg]01'22.12'' W; 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; and 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 safety zones 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 shipping safety 
fairways that crisscross the deepwater area of the Gulf of Mexico. The 
shipping safety fairways include the Gulf of Mexico East-West Fairway, 
the entrance/exit route of the Mississippi River, and the Houston-
Galveston Safety Fairway as listed in 33 CFR part 166. Significant 
amounts of vessel traffic occur in or near the various shipping safety 
fairways in the deepwater area.
    ExxonMobil Production Company, AGIP Petroleum Co., Inc. (formerly 
known as British Borneo USA, Inc), and Shell Exploration and Production 
requested that the Coast Guard establish safety zones in the Gulf of 
Mexico around the following: ExxonMobil Production Company moored spar 
buoy, the ExxonMobil Hoover Floating OCS Facility; AGIP Petroleum Co., 
Inc. 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, AGIP Petroleum Co., Inc., and Shell 
Exploration and Production, indicated that the location, production 
level, and number of personnel 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 reviewed the concerns raised by ExxonMobil 
Production Company, AGIP Petroleum Co., Inc., and Shell Exploration and 
Production 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. 
This regulation would significantly reduce the threat of allisions, oil 
and natural gas spills, 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 Comments and Changes

    We received one letter, one fax and one phone call commenting on 
the proposed rule. One comment received telephonically from AGIP 
Petroleum Co., Inc., indicated that at the time of their original 
request they were known as British Borneo USA, Inc., but are now known 
as AGIP Petroleum Co., Inc. Therefore, the name British Borneo USA, 
Inc., has been replaced throughout the final rule with AGIP Petroleum 
Co., Inc.
    One comment received via fax supported the proposed rule. The 
comment received by letter notified the Coast Guard that the safety 
zones encompassed blocks adjacent to each of the facilities that are 
leased and if one or more of the impacted blocks became available due 
to relinquishment of a lease then information regarding the zones would 
be included in the ``Information to Lessees in the Final Notice of Sale 
to potential bidders.'' The proposed rule does not have any impact on 
lessees' vessels and operations in the impacted blocks.
    None of the comments received affected the provisions of the 
proposed rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary. The impacts on routine 
navigation are expected to be minimal because the safety zones do not 
encompass any nearby safety fairways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
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 are a small business entity and are significantly affected 
by this regulation please contact LT Karrie Trebbe, Project Manager for 
Eighth Coast Guard District Commander, Hale Boggs Federal Bldg., 501 
Magazine

[[Page 4102]]

Street, New Orleans LA 70130, telephone (504) 589-6271.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking processes.
    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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 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.

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 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.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in the National 
Environmental Policy Act of 1969 (NEPA). A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends 
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 Sec. Sec.  147.815, 147.817, 147.819, 147.821 and 147.823 to 
read as follows:


Sec.  147.815  ExxonMobil Hoover Floating OCS Facility safety zone.

    (a) Description. The ExxonMobil Hoover Floating OCS Facility, 
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 (EW 921A), is located at position 
28[deg]02'05.28'' 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.

[[Page 4103]]

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: January 10, 2003.
Roy J. Casto
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1871 Filed 1-27-03; 8:45 am]
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