[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24707-24709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9432]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 150

[USCG-2005-21111]
RIN 1625-AA00


Safety Zone; Gulf Gateway Deepwater Port, Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Interim rule; request for comments.

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

SUMMARY: The Coast Guard is establishing an interim safety zone around 
the primary component of the Gulf Gateway Deepwater Port, Gulf of 
Mexico, and its accompanying systems. The purpose of this safety zone 
is to protect vessels and mariners from the potential safety hazards 
associated with deepwater port operations. All vessels, with the 
exception of deepwater port support vessels, are prohibited from 
entering into or moving within this safety zone.

DATES: This interim rule is effective May 11, 2005. Comments and 
related material must reach the Docket Management Facility on or before 
July 11, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [USCG-2005-21111]. Docket information 
can be examined on the Department of Transportation docket management 
system Web site at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Commander (LCDR) Kevin Tone, Coast Guard Office of 
Operating and Environmental Standards, at (202) 267-0226, e-mail: 
[email protected]. If you have questions on viewing the docket, call 
Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the Department 
of Transportation (DOT) to use the Docket Management Facility. Please 
see DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2005-21111), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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 rule in 
view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and conduct a simple search using 
the docket number. You may also visit the Docket Management Facility in 
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM and 
delaying its effective date would be contrary to the public interest, 
since there is not sufficient time to publish a proposed rule in 
advance of the next transfer operation and immediate action is needed 
to protect persons and vessels against the hazards associated with 
deepwater port operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. While there is a 60 day public 
comment period, delaying its effective date would be contrary to public 
interest since immediate action is needed to respond to the potential 
hazards posed to local marine traffic and personnel involved in 
maritime operations by deepwater port operations.

Background and Purpose

    The Gulf Gateway Deepwater Port (DWP) is located approximately 116 
miles off the Louisiana coast at West Cameron Area, South Addition 
Block 603 ``A'', 28[deg]05'16'' N, 093[deg]03'07'' W. The DWP operator 
plans to offload liquefied natural gas (LNG) vessels by regasifying the 
LNG on board vessels. The regasified natural gas is then transferred 
through a submerged loading turret buoy (STL), to a flexible riser 
leading to a seabed pipeline to a metering platform. From the platform 
the natural gas feeds into two separate downstream seabed pipelines to 
connect with the Southeastern United States natural gas network. In 
order to improve safety and security at the port while regasification 
and transfer operations are occurring, several routing measures have 
been implemented. In July 2004, the Coast Guard forwarded a proposal to 
the International Maritime Organization (IMO) requesting the 
establishment of an Area To Be Avoided (ATBA) and a mandatory No 
Anchoring Area for the Excelerate Gulf Gateway (formerly the El Paso 
Energy Bridge) deepwater port. These two routing measures will promote 
safety, security, and vessel traffic management in the vicinity of the 
DWP.
    The ATBA has a radius of 2 nautical miles, is recommendatory in 
nature and does not restrict vessels from transiting the area. However 
vessel operators are strongly urged to seek alternate routes outside 
the ATBA and away from the DWP. The No Anchoring Area has a radius of 
one and one half nautical miles from the STL buoy and compliance is 
mandatory. It is required to protect the anchoring system securing the 
port and vessels from potential damage by sub-surface fishing 
operations (e.g., trawling). These routing measures were adopted by IMO 
in December 2004 and will be implemented on July 1, 2005. A safety

[[Page 24708]]

zone is an additional measure, intended to augment the routing measures 
cited in the previous paragraph. The safety zone is needed to protect 
the deepwater port, and other vessels and mariners from the potential 
safety hazards associated with LNG operations while an LNG vessel is 
moored at the port.

Discussion of Rule

    The Coast Guard is establishing an interim safety zone 500 meters 
around the Gulf Gateway Deepwater Port described above. All 
unauthorized vessels are prohibited from entering into or moving within 
this safety zone.
    This rule is effective upon publication in the Federal Register.

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.
    This safety zone is encompassed within a circle that extends out 
only 500 meters from the center point, and is located approximately 116 
miles off the coast of Louisiana, so the impacts on routine navigation 
are expected to be minimal.

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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the high seas in the vicinity of the deepwater port. The impact 
on small entities is expected to be minimal for the reasons enumerated 
in the Regulatory Evaluation section of this rule.
    If you are a small business entity and are significantly affected 
by this regulation please contact Lieutenant Commander (LCDR) Kevin 
Tone, Coast Guard Office of Operating and Environmental Standards, at 
(202) 267-0226.

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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 do 
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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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.

[[Page 24709]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under the Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (4321-4370f).
    NEPA sets forth a national policy that encourages and promotes 
productive harmony between man and the environment. NEPA procedures 
require that environmental information is available to public officials 
and citizens before decisions are made and before actions are taken. 
The NEPA process is intended to help public officials to make decisions 
that are based on an understanding of environmental consequences and 
take actions that protect, restore and/or enhance the environment.
    The USCG and the MARAD are responsible for processing license 
applications to own, construct, and operate deepwater ports. To meet 
the requirements of NEPA, the Coast Guard prepared an Environmental 
Assessment (EA) for this deepwater port project.
    The EA assessed the potential environmental impacts associated with 
the installation, and operation of the deepwater port, the offshore 
pipelines and the future decommissioning of the deepwater port. The EA 
also assessed the alternatives considered for the deepwater port 
location, type of port (e.g., fixed or mobile structure), offshore 
pipelines as well as alternative technologies.
    The primary purposes of the EA were to:
    (1) Provide an environmental analysis sufficient to support the 
Maritime Administrator's licensing decisions;
    (2) Facilitate a determination of whether the Applicant has 
demonstrated that the Proposed Deepwater Port would be located, 
constructed, operated, and decommissioned in a manner that represents 
the best available technology necessary to prevent or minimize any 
adverse effects on marine, coastal, and onshore environments;
    (3) Aid the USCG's and the MARAD's compliance with National 
Environmental Policy Act (NEPA); and
    (4) Facilitate public involvement in the decision-making process.
    The final EA is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 150

    Harbors, Marine safety, Navigation (water), Occupational safety and 
health, Oil pollution, Reporting and recordkeeping requirements.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 150 as follows:

PART 150--DEEPWATER PORTS: OPERATIONS

0
1. The authority citation for part 150 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), 
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 
68 FR 10619; Department of Homeland Security Delegation No. 
0170.1(70), (73), (75), (80).

0
2. Add Sec.  150.940(b) to read as follows:


Sec.  150.940  Safety zones for specific deepwater ports.

* * * * *
    (b) The Gulf Gateway Deepwater Port (GGDWP)
    (1) Description. The GGDWP safety zone is centered at the following 
coordinates: 28[deg]05'16'' N, 093[deg]03'07'' W. This safety zone, 
encompassed within a circle having a 500 meter radius around the 
primary component of the Gulf Gateway Deepwater Port, the submerged 
loading turret (buoy) and the pipeline end manifold (STL/PLEM), is 
located approximately 116 miles off the Louisiana coast at West Cameron 
Area, South Addition Block 603 ``A''.
    (2) Regulations. Deepwater port support vessels desiring to enter 
the safety zone must contact and obtain permission from the LNG 
Regasification Vessel (LNGRV) stationed at the deepwater port. The 
LNGRV can be contacted on VHF-FM Channel 13.

    Dated: May 4, 2005.
B.M. Salerno,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Marine, 
Safety, Security & Environmental Protection.
[FR Doc. 05-9432 Filed 5-6-05; 4:09 pm]
BILLING CODE 4910-15-P