[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66434-66436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30739]
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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.
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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]
1. 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]
2. Section 147.1101 is redesignated Sec. 147.20.
3. 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. 99-30739 Filed 11-24-99; 8:45 am]
BILLING CODE 4910-15-U
