[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9611-9613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4900]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 147

[CGD08-02-045]
RIN 2115-AG54


Safety Zone for Outer Continental Shelf Facility in the Gulf of 
Mexico for Viasca Knoll 915

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone around a 
petroleum and gas production facility in Viasca Knoll 915 of 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 would 
significantly reduce the threat of allisions, oil spills and releases 
of natural gas. The proposed regulation would prevent 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: Comments and related material must reach the Coast Guard on or 
before April 29, 2003.

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: 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: 

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 [CGD08-02-
035], 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. However, 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 a public meeting 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 a safety zone around a 
petroleum producing facility in the Gulf of Mexico: Marlin Tension Leg 
Platform (Marlin TLP), Viasca Knoll 915 (VK 915), located at position 
29[deg]06'27.46'' N, 87[deg]56'37.14'' W.

[[Page 9612]]

    This proposed safety zone is in the deepwater area of the Gulf of 
Mexico. For the purposes of this regulation it is considered to be in 
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 zone 
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 Mobile Bay approaches. 
Significant amounts of vessel traffic occur in or near the various 
fairways in the deepwater area.
    Chas R. Havnen & Assoc, Inc., hereafter referred to as Havnen Group 
has requested that the Coast Guard establish a safety zone in the Gulf 
of Mexico around the Marlin TLP.
    The request for the safety zone 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. The Havnen 
Group indicated that the location, production level, and personnel 
levels on board the facility make it highly likely that any allision 
with the facility would result in a catastrophic event. The Marlin TLP 
is a high production oil and gas drilling facility producing 
approximately 41,000 barrels of oil per day, 310 million cubic feet of 
gas per day and is manned with a crew of approximately 80 people.
    The Coast Guard has reviewed the Havnen Group's concerns and agrees 
that the risk of allision to the facility and the potential for loss of 
life and damage to the environment resulting from such an accident 
warrants the establishment of this safety zone. The proposed regulation 
would significantly reduce the threat of allisions, oil spills and 
natural gas releases 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 and 43 U.S.C. 1333 as set out in the authority citation 
for 33 CFR part 147.

Discussion of Proposed Rule

    The following specific risk factors that necessitate a safety zone 
exist at the Marlin TLP: (1) The facility is located approximately 80 
nautical miles directly south of Mobile Bay, on a direct course for 
vessels not keeping to the fairways; (2) the facility has a high 
production capacity of 41,000 barrels of petroleum oil per day and 310 
million cubic feet of gas per day; and (3) the facility is manned with 
a crew of 80.

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 of the safety fairways 
within the Gulf of Mexico.

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 Marlin TLP is located far offshore, 
few privately owned fishing vessels and recreational boats/yachts 
operate in the area and alternate routes are available for those 
vessels. Use of an alternate route may cause a vessel to incur a delay 
of 4 to 10 minutes in arriving at their destinations depending on how 
fast the vessel is traveling. Therefore, 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 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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please 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.
    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

    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 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under

[[Page 9613]]

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 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we publish notice in the Federal Register (66 FR 36361, July 11, 2001) 
requesting comments on how to best carry out the Order. We invite your 
comments on how this proposed rule might impact tribal governments, 
even if that impact may not constitute a ``tribal implication'' under 
the Order.

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.

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 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 Sec.  147.827 to read as follows:


Sec.  147.827  Marlin Tension Leg Platform safety zone.

    (a) Description. The Marlin Tension Leg Platform (Marlin TLP), 
Viasca Knoll, Block 915 (VK 915), is located at position 
29[deg]06'27.46'' N, 87[deg]56'37.14'' 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: December 9, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-4900 Filed 2-26-03; 2:37 pm]
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