[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21378-21380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[CGD08-05-019]
RIN 1625-AA00


Safety Zone; Outer Continental Shelf Facility in the Gulf of 
Mexico for Mississippi Canyon 778

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 
778 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. This proposed rule prohibits all vessels from 
entering or remaining in the specified area around the facility's 
location except for 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 June 27, 2005.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 500 Poydras 
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., 500 Poydras 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 [CGD08-05-
019], 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

[[Page 21379]]

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 Thunder Horse Semi-Submersible facility, a petroleum and gas 
production facility in the Gulf of Mexico in Mississippi Canyon 778 (MC 
778), located at position 28[deg]11'26'' N, 88[deg]29'44'' 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 
Pass (Mississippi River) Safety Fairway--South Pass to Sea Safety 
Fairway. Significant amounts of vessel traffic occur in or near the 
various fairways in the deepwater area.
    British Petroleum America Inc., hereafter referred to as BP, has 
requested that the Coast Guard establish a safety zone in the Gulf of 
Mexico around the Thunder Horse Semi-Submersible facility.
    The request for the safety zone was made due to the high level of 
shipping activity around the facility and the associated safety 
concerns for both the onboard personnel and the environment. 
Information provided by BP to the Coast Guard indicates that the 
location, production levels, and personnel levels on board the facility 
make it highly likely that any allision with the facility or its 
mooring system would result in a catastrophic event.
    The Coast Guard has evaluated BP'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 
Thunder Horse Semi-Submersible facility: (1) The facility is located 
approximately 50 nautical miles south of the ``South Pass (Mississippi 
River) Safety Fairway--South Pass to Sea 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; and (4) the facility 
will be of the semi-submersible type.
    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 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

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

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 Thunder Horse Semi-Submersible will 
be 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 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., 
500 Poydras 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).

[[Page 21380]]

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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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.  147.843 to read as follows:


Sec.  147.843  Thunder Horse Semi-Submersible safety zone.

    (a) Description. Thunder Horse Semi-Submersible, Mississippi Canyon 
778 (MC 778), located at position 28[deg]11'26'' N, 88[deg]29'44'' 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 7, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-8262 Filed 4-25-05; 8:45 am]
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