[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Proposed Rules]
[Pages 55557-55559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[CGD08-03-028]
RIN 1625-AA76


Safety Zone for Outer Continental Shelf Facility in the Gulf of 
Mexico for Green Canyon 645

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a safety zone 
around a petroleum and gas production facility in Green Canyon 645 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 this area would significantly reduce the 
threat of allisions, oil spills and releases of natural gas. The 
proposed rule would prohibit all vessels from entering or remaining in 
the specified area around the facility's location 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 November 25, 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) Kevin Lynn, 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-
028], 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 the establishment of a safety zone around 
a petroleum and gas production facility in the Gulf of Mexico: 
Holstein, Green Canyon Block 645 (GC 645), located at position 
27[deg]19'17'' N, 90[deg]32'08'' W. The proposed safety zone would be 
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 rule 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 of the 
Gulf of Mexico also includes an extensive system of fairways. The 
fairways nearest the proposed safety zone include the East-West Gulf of 
Mexico Safety Fairway and Louisiana Offshore Oil Port (LOOP) Shipping 
Safety Fairway. Significant amounts of vessel traffic occur in or near 
the various fairways in the deepwater area.
    BP Exploration & Production Inc., hereafter referred to as ``BP'' 
has requested that the Coast Guard establish a safety zone in the Gulf 
of Mexico around the Holstein 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. BP 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 
Holstein will be a high production oil and gas spar drilling facility, 
capable of producing approximately 100,000 barrels of oil per day and 
90 million cubic feet of gas per

[[Page 55558]]

day, and manned with a crew of approximately 149 people.
    The Coast Guard has reviewed BP'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 Holstein warrants the establishment of 
this proposed safety zone. The proposed rule 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 proposed rule 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 
Holstein construction site and for a safety zone to remain in effect 
after the facility is completed are: (1) The construction site is 
located approximately 43 nautical miles southwest of the Louisiana 
Offshore Oil Port (LOOP) Shipping Safety Fairway (2) the facility will 
have a high production capacity of 100,000 barrels of petroleum oil per 
day and 90 million cubic feet of gas per day; (3) the facility will be 
manned with a crew of 149 people; (4) the facility will be a truss 
spar; and (5) the truss spar will be moored by a 16-line permanent 
mooring system.

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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full regulatory evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The impacts on routine navigation are expected to be minimal 
because the proposed 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 Holstein 
is located far offshore, few privately owned fishing vessels and 
recreational boats/yachts operate in the area. This proposed rule will 
not impact an attending vessel or vessels less than 100 feet in length 
overall not engaged in towing. Alternate routes are available for all 
other vessels impacted by this proposed rule. Use of an alternate route 
may cause a vessel to incur a delay of four to ten minutes in arriving 
at their destinations depending on how fast the vessel is traveling. 
Therefore, the Coast Guard expects the impact of this proposed 
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 proposed 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 Kevin Lynn, 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 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

[[Page 55559]]

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. 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 proposed 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'' 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. 0170.1.

    2. Add Sec.  147.831 to read as follows:


Sec.  147.831  Holstein Safety Zone.

    (a) Description. Holstein, Green Canyon 645 (GC 645), located at 
position 27[deg]19'17'' N, 90[deg]32'08'' 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 North American Datum 1983.
    (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 19, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 03-24366 Filed 9-25-03; 8:45 am]
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