[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21065-21067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8866]


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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: 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 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 will significantly reduce the 
threat of allisions, oil spills and releases of natural gas. This rule 
prohibits all vessels from entering or remaining in the specified area 
around the facility's location except for attending vessels, vessels 
under 100 feet in length overall not engaged in towing, or vessels 
authorized by the Eighth Coast Guard District Commander.

DATES: This final rule is effective May 20, 2004.

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 [CGD08-03-039] and are available for inspection or 
copying at Commander, Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, LA, between 8 a.m. and 
3:30 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 January 20, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Outer Continental Shelf Facility in the 
Gulf of Mexico for Mississippi Canyon 474'' in the Federal Register (69 
FR 2694). 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: 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 safety zone will be 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 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 of the Gulf of 
Mexico also includes an extensive system of fairways. The fairways 
nearest the 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'' 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. 
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 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; (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.
    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 safety zone. The regulation will 
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 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 Comment and Changes

    We received one comment endorsing the proposed safety zone. The 
Coast Guard has made no changes to the provisions of this regulation.

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).

[[Page 21066]]

    We expect the economic impact of this 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 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 will 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 Na Kika is located far 
offshore, few privately owned fishing vessels and recreational boats/
yachts operate in the area. This 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 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 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 that 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 expenditure, we 
discuss the effects of this rule elsewhere in this preamble.

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.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' 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.  147.833 to read as follows:


Sec.  147.833  Na Kika FDS Safety Zone.

    (a) Description. Na Kika FDS, Mississippi Canyon 474 ``A'' (MC 474

[[Page 21067]]

``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: April 5, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-8866 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-15-P