[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Rules and Regulations]
[Pages 4098-4100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1872]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 147

[CGD08-01-043]
RIN 2115-AG31


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone around a 
petroleum and gas production facility in Green Canyon 205A on the Outer 
Continental Shelf in the Gulf of Mexico. The facility needs to be 
protected from vessels operating outside the normal shipping channels 
and fairways, and placing a safety zone around this facility 
significantly reduces the threat of

[[Page 4099]]

allisions, oil spills and releases of natural gas. This regulation 
prevents all vessels from entering or remaining in the specified area 
around the facility 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 [CGD08-01-043] and are available for inspection or 
copying at Commander, Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, LA, 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 April 2, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the 
Gulf of Mexico'' in the Federal Register (67 FR 15505). We received no 
comments on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    The Coast Guard is establishing a safety zone around Chevron 
Genesis Spar (Genesis), Green Canyon 205A (GC205A), a petroleum 
producing facility in the Gulf of Mexico. That facility is located at 
position 27[deg]46'46.365'' N, 90[deg]31'06.553'' W.
    The safety zone established by this regulation is in the deepwater 
area of the Gulf of Mexico. For the purposes of this regulation the 
deepwater area is considered to include waters of 304.8 meters (1,000 
feet) or greater in depth extending to the limits of the Exclusive 
Economic Zone (EEZ) contiguous to the territorial sea of the United 
States and up to a distance of 200 nautical miles from the baseline. 
Vessels navigating in the area of the safety zone consist of large 
commercial shipping vessels, fishing vessels, cruise ships, tugs with 
tows and the occasional recreational vessel. An extensive system of 
navigational fairways is within the deepwater area. Those 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.
    Chevron U.S.A. Production Company (Chevron) requested that the 
Coast Guard establish a safety zone in the Gulf of Mexico around the 
moored spar buoy, Genesis. That request was made due to the high level 
of shipping activity around the facility and the safety concerns for 
both the personnel on board the facility and the environment. Chevron 
indicated that the location, production level, and number of personnel 
on board the facility make it highly likely that any allision with the 
facility would result in a catastrophic event. The Genesis, which is 
located in open waters where no fixed structures previously existed and 
is manned with a crew of approximately 160 people, is a high production 
oil and gas drilling facility that produces approximately 55,000 
barrels of oil per day and 95 million cubic feet of gas per day.
    The Coast Guard reviewed Chevron's concerns and agrees that the 
risk of allision to the facility and potential for loss of life and 
damage to the environment resulting from such an accident warrants the 
establishment of this safety zone. The regulation will significantly 
reduce the threat of allisions, oil spills and natural gas releases and 
will 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 and 
43 U.S.C. 1333 as set out in the authority citation for 33 CFR part 
147.

Discussion of Comments and Changes

    We received no comments on the proposed rule. Therefore, we have 
made no substantive changes to 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).
    The Coast Guard expects 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 
zone does not encompass any nearby safety fairways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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. Few privately owned fishing vessels and recreational boats/
yachts operate in the area of the Genesis because it is located far 
offshore, and alternate routes are available for those that do. Use of 
alternate routes 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

    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 process.
    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

[[Page 4100]]

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 create 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. This rule 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 it 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.  147.825 to read as follows:


Sec.  147.825  Chevron Genesis Spar safety zone.

    (a) Description. The Chevron Genesis Spar, Green Canyon 205A 
(GC205A), is located at position 27[deg]46'46.365'' N, 
90[deg]31'06.553'' 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.

    Dated: January 10, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-1872 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-15-P