[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Proposed Rules]
[Pages 12098-12100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5793]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[CGD08-04-004]
RIN 1625-AA84


Safety Zone; Outer Continental Shelf Facility in the Gulf of 
Mexico for Green Canyon 608

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes the establishment of a safety zone 
around a petroleum and gas production facility in Green Canyon 608 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 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 May 14, 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

[[Page 12099]]

holidays. 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 docket (CGD08-04-004) 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, 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 (CGD08-04-
004), 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 
the Marco Polo Tension Leg Platform (the Platform), a petroleum and gas 
production facility in the Gulf of Mexico. The platform is located in 
Green Canyon 608 (GC 608), at position 27[deg]21'43.32'' N, 
90[deg]10'53.01'' W.
    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 fairway nearest the proposed safety zone is the South 
of Gulf Safety Fairway. Significant amounts of vessel traffic occur in 
or near the various fairways in the deepwater area.
    Anadarko Petroleum Corporation, hereafter referred to as Anadarko, 
has requested that the Coast Guard establish a safety zone in the Gulf 
of Mexico around the Marco Polo TLP.
    The request for the safety zone was made due to the high level of 
shipping activity around the site of the facility, high levels of 
production volumes, the number of personnel on board the platform, and 
environmental safety concerns. Anadarko 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 Coast Guard has evaluated Anadarko's information and concerns 
against Eighth Coast Guard District criteria developed to determine if 
an Outer Continental Shelf facility qualifies for a safety zone. 
Several factors were considered to determine the necessity of a safety 
zone for the Marco Polo Tension Leg Platform facility: (1) The facility 
is located approximately 35 nautical miles south-southwest of the South 
of Gulf Safety Fairway; (2) the facility has a high daily production 
capacity of petroleum oil and gas; (3) the facility is manned; and (4) 
the facility is a tension leg platform.
    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 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 increases 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

    The proposed safety zone would encompass the area within 500 meters 
(1640.4 feet) from each point on the Platform's outer edge. No vessel 
would be allowed to enter or remain in this proposed 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.

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 Platform is located far offshore, 
few privately owned fishing vessels, recreational boats and 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,

[[Page 12100]]

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 
expenditure, we discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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.  147.837 to read as follows:


Sec.  147.837  Marco Polo Tension Leg Platform safety zone.

    (a) Description. Marco Polo Tension Leg Platform, Green Canyon 608 
(GC 608), located at position 27[deg]21'43.32'' N, 90[deg]10'53.01'' 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; or
    (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: February 26, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-5793 Filed 3-12-04; 8:45 am]
BILLING CODE 4910-15-P