[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Proposed Rules]
[Pages 40229-40231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16963]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[CGD08-03-017]
RIN 1625-AA72


Safety Zone; Outer Continental Shelf Facility in the Gulf of 
Mexico in Mississippi Canyon 243

AGENCY: Coast Guard, DHS.

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 Mississippi Canyon 243 of the 
Outer Continental Shelf in the Gulf of Mexico while the facility is 
being constructed and after the construction is completed. The 
construction site and facility need to be protected from vessels 
operating outside the normal shipping channels and fairways, and 
placing a safety zone around the construction site and facility would 
significantly reduce the threat of allisions, oil spills and releases 
of natural gas. The proposed regulation would prohibit all vessels from 
entering or remaining in the specified area around the construction 
site and 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 September 5, 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 4 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 the location listed above 
during the noted time periods.

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 [CGD08-03-
017], 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 and gas production facility in the Gulf of Mexico: Matterhorn 
Tension Leg Platform A (Matterhorn TLP), Mississippi Canyon 243 (MC 
243), located at position 28[deg]44'32''N, 88[deg]39'32'' W. The safety 
zone would be

[[Page 40230]]

in effect while the facility is being constructed and after the 
construction is completed.
    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 South Pass Fairway, and the South 
Pass to Mississippi River-Gulf Outlet Channel Safety Fairway. 
Significant amounts of vessel traffic occur in or near the various 
fairways in the deepwater area.
    TotalFinaElf E&P USA, Inc., hereafter referred to as TotalFinaElf 
has requested that the Coast Guard establish a safety zone in the Gulf 
of Mexico around the Matterhorn TLP construction site and for the zone 
to remain in effect after construction is completed.
    The request for the safety zone was made due to the high level of 
shipping activity around the site of the facility and the safety 
concerns for construction personnel, the personnel on board the 
facility after it is completed, and the environment. TotalFinaElf 
indicated that the location, production level, and personnel levels on 
board the facility make it highly likely that any allision with the 
facility during and after construction would result in a catastrophic 
event. The Matterhorn TLP will be a high production petroleum and gas 
drilling facility, capable of producing approximately 30,000 barrels of 
oil per day and 50 million cubic feet of gas per day, and manned with a 
crew of approximately 60 people.
    The Coast Guard has reviewed TotalFinaElf'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 
during and following the construction of Matterhorn TLP 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 specific risk factors which necessitate a safety zone for the 
Matterhorn TLP construction site and for the safety zone to remain in 
effect after the facility is completed are: (1) The construction site 
is located approximately 14 nautical miles southeast of the South Pass 
Fairway and on a direct course for vessels approaching the entrance to 
fairways to the Mississippi River; (2) the facility will have a high 
production capacity of 30,000 barrels of oil per day and 50 million 
cubic feet of gas per day; (3) the facility will be manned with a crew 
of 60 people; (4) the facility will be a tension leg platform; and (5) 
the platform, anchored by tendons, will slowly oscillate around a fixed 
position.

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 Homeland Security (DHS).
    The impacts on routine navigation are expected to be minimal 
because the safety zone will not overlap any of the safety fairways 
within the Gulf of Mexico.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 construction site for the 
Matterhorn 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 (Pub. L. 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 proposed 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

[[Page 40231]]

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 proposed 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 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. 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in NEPA. A draft 
``Environmental Analysis Check List'' and a draft ``Categorical 
Exclusion Determination'' (CED) are available in the docket where 
indicated under ADDRESSES. Comments on this section will be considered 
before we make the final decision on whether the rule should be 
categorically excluded from further environmental review.

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; Department of Homeland 
Security Delegation No. 0170.

    2. Add Sec.  147.829 to read as follows:


Sec.  147.829  Matterhorn Tension Leg Platform safety zone.

    (a) Description. The Matterhorn Tension Leg Platform A (Matterhorn 
TLP), Mississippi Canyon 243 (MC 243), located at position 
28[deg]44[min]32[sec] N, 88[deg]39[min]32[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge is a 
safety zone. These coordinates are based upon [NAD 83].
    (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: April 29, 2003.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 03-16963 Filed 7-3-03; 8:45 am]
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