Outer Continental Shelf activities: Platforms in Gulf of Mexico; safety zone,
[Federal Register: November 26, 1999 (Volume 64, Number 227)]
[Proposed Rules]
[Page 66434-66436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no99-35]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 147
[CGD08-99-023]
RIN 2115-AF93
Safety Zone; Outer Continental Shelf Platforms in the Gulf of Mexico
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to establish safety zones around seven high-production, manned oil and natural gas platforms in the Outer Continental Shelf in the Gulf of Mexico. The seven platforms need to be protected from vessels operating outside the normal shipping channels and fairways. Placing safety zones around the platforms will significantly reduce the threat of allisions, oil spills and releases of natural gas. The proposed regulation prevents all vessels from entering or remaining in specified areas around the platforms 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 District Commander. The proposed safety zones are necessary to protect the safety of life, property and environment.
DATES: Comments must be received on or before January 25, 2000.
ADDRESSES: Comments can be mailed to Commander, Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New Orleans LA 70130, or may be delivered to Room 1341 at the same address between 8 A.M. and 3:30 P.M., Monday through Friday, except federal holidays. The telephone number is (504) 589-6271. Comments will become a part of the public docket and will be available for copying and inspection at the same address.
FOR FURTHER INFORMATION CONTACT: LCDR Roderick Walker, Project Manager for Eighth District Commander, telephone (504) 589-3043.
SUPPLEMENTARY INFORMATION:
Request 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 (CGD08-99- 023), 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 now plan to hold a public meeting. But 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 one 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
Shell Offshore, Inc. requested that the Coast Guard establish safety zones around the following Shell platforms in the Gulf of Mexico: Boxer located at position 27-56-48N, 90-59-48W; Bullwinkle Platform located at position 27-53-01N, 90-54-04W; Ursa Tension Leg Platform (Ursa TLP) located at position 28-09-14.497N, 89-06-12.790W; West Delta 143 Platform located at position 28-39-42N, 89-33-05W; Mars Tension Leg Platform (Mars TLP) located at position 28-10-10.290N, 89- 13-22.35W with two supply boat mooring buoys at positions 28-10-18.12N, 89-12-52.08W (Northeast) and 28-9-49.62N, 89-12-57.48W (Southeast); Ram-Powell Tension Leg Platform (Ram-Powell TLP) located at position 29-03-52.2N, 88-05-30W with two supply boat mooring buoys at positions 29-03-52.2N, 88-05-12.6W (Northeast) and 29-03-28.2N, 88-05-10.2W (Southeast); and Auger Tension Leg Platform (Auger TLP) located at position 27-32-45.4N, 92-26-35.09W with two supply boat mooring buoys at positions 27-32-38.1N, 92-26-.048W (East Buoy) and 27-32-58.14N, 92- 27-4.92W (West Buoy).
The request for the safety zones was made due to the high level of shipping activity around the platforms and the
[[Page 66435]]
safety concerns for both the personnel aboard the platforms and the environment. Shell Offshore, Inc. indicated that the location, production level and personnel levels on board the seven platforms make it highly likely that any allision with the platforms would result in a catastrophic event. The seven platforms are high production oil and gas drilling platforms producing from 100,000 to 250,000 Barrels of oil per day. All are manned with crews ranging from approximately 130 to 156 people. Each of the platforms is also near the edge of a shipping safety fairway or fairway intersection.
The safety zones established by this regulation are in the deepwater area of the Gulf of Mexico. For the purposes of this regulation it is considered to be 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 zones consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and the occasional recreational vessel. The deepwater area also includes an extensive system of fairways. The fairways include the Gulf of Mexico East-West fairway, the entrance/exit route of the Mississippi River, and the Houston-Galveston Safety Fairway. Significant amounts of vessel traffic occur in or near the various fairways in the deepwater area. The oil producing platforms covered by this regulation are also located in close proximity to the fairways.
The Coast Guard has reviewed Shell Offshore Inc.'s concerns and agrees that the risk of allision to the platforms and the potential for loss of life and damage to the environment resulting from such an accident warrant the establishment of these safety zones. The proposed regulation would significantly reduce the threat of allisions, oil spills, and releases of natural gas and increase the safety of life, property and the environment in the Gulf of Mexico.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under Executive Order 12866 and is not significant under the ``Department of Transportation Regulatory Policies and Procedures'' (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full regulatory evaluation in unnecessary. The impacts on routine navigation are expected to be minimal.
Collection of Information
This proposed rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this proposed rule under the principles and criteria contained in Executive Order 13132 and has determined that it does not have federalism implications under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal Government's having first provided the funds to pay those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children.
Environmental Assessment
The Coast Guard considered the environmental impact of this proposal and concluded that under section 2-1, paragraph (34)(g) of Commandant Instruction M16475.C this proposal is categorically excluded from further environmental documentation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this regulation will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small business and not-for-profit organizations that are independently owned and operated, are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Since alternate routes are available for the small number of vessels to be affected by this proposed regulation, the Coast Guard expects the impact of this regulation on small entities to be minimal. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed regulation will not have a significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think it qualifies and in what way and to what degree this proposed rule will economically affect it.
List of Subjects in 33 CFR Part 147
Marine safety, Navigation (water), Outer Continental Shelf.
Regulation
In consideration of the foregoing, the Coast Guard proposes to amend part 147 of title 33, Code of Federal Regulations as follows:
PART 147--[AMENDED]
-
The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and 49 CFR 1.46
Sec. 147.1101 [Redesignated as Sec. 147.20]
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Section 147.1101 is redesignated Sec. 147.20.
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New Sec. 147.801 through Sec. 147.813 are added to read as follows:
Sec. 147.801 BOXER Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge, not to extend into the adjacent East-West Gulf of Mexico Fairway is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
[[Page 66436]]
Sec. 147.803 BULLWINKLE Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
Sec. 147.805 URSA TENSION LEG Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
Sec. 147.807 WEST DELTA 143 Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge, not to extend into the adjacent Mississippi River Approach Fairway is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
Sec. 147.809 MARS TENSION LEG Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge and the area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
Sec. 147.811 RAM-POWELL TENSION LEG Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge and the area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(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.
Sec. 147.813 AUGER TENSION LEG Platform safety zone
(a) Description. The area within 500 meters (1640.4 feet) from each point on the structure's outer edge and an area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing or fishing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
Dated: November 12, 1999. Paul J. Pluta, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-30739Filed11-24-99; 8:45 am]
BILLING CODE 4910-15-U
