[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Rules and Regulations]
[Pages 59116-59118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25890]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 will 
significantly reduce the threat of allisions, oil spills and releases 
of natural gas. The regulation prohibits 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: This final rule is effective on November 13, 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 [CGD08-03-017] and are available for inspection or 
copying at Commander, Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, LA, 70130, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

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:

Regulatory History

    On July 7, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the 
Gulf of Mexico in Mississippi Canyon 243'' in the Federal Register (68 
FR 40229). We received one comment 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 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 
is in effect while the facility is being constructed and after the 
construction is completed.
    This 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

[[Page 59117]]

which the breadth of the sea is measured. Navigation in the area of the 
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 
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 reviewed TotalFinaElf's concerns and agreed 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. This regulation significantly 
reduces the threat of allisions, oil spills and natural gas releases, 
and increases 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 one comment on the proposed rule. The comment addressed 
several issues, the first being that oil facilities should be built 
with safeguards to prevent oil pollution and the Coast Guard should 
insist on total safety for oil drilling at this location. This 
regulation significantly reduces the threat of allisions, oil spills 
and natural gas releases, and increases the safety of life, property, 
and the environment in the Gulf of Mexico by creating a no entry zone 
around the facility applicable to certain vessels (see SUMMARY). The 
second issue posed by the comment recommends the Coast Guard deem 
certain poor weather days as being unsuitable for vessel transits. This 
issue is not relevant to the rule and will not be discussed. The final 
issue raised in the comment recommends that the Coast Guard designate 
``off limit'' areas to include the location at which the Matterhorn TLP 
is to be constructed and all other places where vessels can experience 
trouble due to rough weather. This issue is not relevant to the rule 
and will not be discussed. In consideration of this comment, the Coast 
Guard has made no substantial changes to the provisions of this rule.

Regulatory Evaluation

    This 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 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 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 offered to assist small 
entities in understanding this rule so they can better evaluate its 
effects on them and participate in the rulemaking.
    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 
discuss the effects of this rule elsewhere in this preamble.

[[Page 59118]]

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. 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. Paragraph 
(34)(g) is applicable because this rule is establishing a safety zone 
that will be effective for a period greater than one week. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' (CED) are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 147 as follows:

PART 147--SAFETY ZONES

0
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.


0
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]44'32'' N, 88[deg]39'32'' 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: September 22, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-25890 Filed 10-10-03; 8:45 am]
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