[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Proposed Rules]
[Pages 2694-2696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[CGD08-03-039]
RIN 1625-AA78


Safety Zone; Outer Continental Shelf Facility in the Gulf of 
Mexico for Mississippi Canyon 474

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 Mississippi Canyon 
474 ``A'' 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 March 22, 2004.

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-
039], 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: Na Kika 
Floating Oil and Gas Development System (FDS), Mississippi Canyon 474 
``A'' (MC 474 ``A''), located at position 28[deg]31'14.86'' N, 
88[deg]17'19.69'' 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 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 of the Gulf of Mexico also includes an extensive system 
of fairways. The fairways nearest the proposed safety zone include the 
South Pass (Mississippi River) to Mississippi River-Gulf Outlet Channel 
Fairway and Southwest Pass (Mississippi River) to South Pass 
(Mississippi River) Safety Fairway. Significant amounts of vessel 
traffic occur in or near the various fairways in the deepwater area.
    Shell Exploration and Production Company, hereafter referred to as 
``Shell'' has requested that the Coast Guard establish a safety zone in 
the Gulf of Mexico around the Na Kika FDS 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. Shell 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 Coast Guard has evaluated Shell's information and concerns 
against Eighth Coast Guard District criteria developed to determine if 
an Outer Continental Shelf facility qualifies for a safety zone. We 
conclude 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 Na Kika FDS 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 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

    Several factors were considered to determine the necessity of a 
safety zone for the Na Kika FDS construction site and for a safety zone 
to remain in effect after the facility is completed: (1) The 
construction site is located approximately 46 nautical miles east-
southeast of the South Pass (Mississippi

[[Page 2695]]

River) to Mississippi River-Gulf Outlet Channel Fairway and Southwest 
Pass (Mississippi River) to South Pass (Mississippi River) Safety 
Fairway, (2) the facility will have a high daily production capacity of 
petroleum oil and gas per day; (3) the facility will be manned; (4) the 
facility will be a semi-submersible; and (5) the semi-submersible 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 Na Kika 
FDS 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. This proposed rule will not impact an 
attending vessel or vessels less than 100 feet in length overall not 
engaged in towing. 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 proposed rule 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.

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 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

[[Page 2696]]

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.  147.833 to read as follows:


Sec.  147.833  Na Kika FDS Safety Zone.

    (a) Description. Na Kika FDS, Mississippi Canyon 474 ``A'' (MC 474 
``A''), located at position 28[deg]31'14.86'' N, 88[deg]17'19.69'' 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: October 6, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 04-1141 Filed 1-16-04; 8:45 am]
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