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Safety Zone; Outer Continental Shelf Platforms in the Gulf of Mexico

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 [Federal Register: March 30, 2000 (Volume 65, Number 62)]
[Rules and Regulations]
[Page 16823-16825]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr00-17]

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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: Final rule.

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[[Page 16824]]

SUMMARY: The Coast Guard is establishing safety zones around seven
high-production, manned oil and natural gas platforms on 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 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 safety zones are necessary to protect the
safety of life, property, and environment.

DATES: This rule will become effective May 1, 2000.

ADDRESSES: The public docket and all documents referred to in this rule
are available for inspection or copying at the Eighth Coast Guard
District Marine Safety Division, 501 Magazine Street, room 1341, New
Orleans, Louisiana 70130, between 8:30 a.m. and 3:00 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Roderick Walker, Project Manager
for Eighth District Commander, telephone (504) 589-3043.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking [CGD 08-99-023] was published on
November 26, 1999.
    One comment was received from Shell Exploration and Production
Company requesting that the latitude and longitude for each referenced
facility be added into the regulation. The Coast Guard agrees and has
made the additions.

Background and Purpose

    The safety zones established by this regulation are in the
deepwater area of the Gulf of Mexico. For the purposes of this
regulation the deepwater area 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 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 and 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.
    Shell Offshore, Inc. requested that the Coast Guard establish
safety zones around the following Shell platforms in the Gulf of
Mexico: the Boxer Platform, The Bulwinkle Platform, the Ursa Tension
Leg Platform, the West Delta Platform, the Mars Tension Leg Platform,
the Ram-Powell Tension Leg Platform, and the Auger Tension Leg
Platform.
    The request for the safety zones was made due to the high level of
shipping activity around the platforms and the 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. Some
of the platforms are located near the edge of a shipping safety fairway
or fairway intersection. Others are located in open waters where no
fixed structures previously existed. All are high production oil and
gas drilling platforms producing from 100,000 to 250,000 barrels of oil
per day, and are manned with crews ranging from approximately 130 to
156 people.
    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 West
Delta 143 platform covered by this regulation did not meet the
deepwater criteria; however, the Coast Guard believes its exposed
location adjacent to a safety fairway and volume of throughput
necessitated its inclusion into the rulemaking. The 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 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 is unnecessary.
The impacts on routine navigation are expected to be minimal.

Collection of Information

    This 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 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 rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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 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

    The Coast Guard considered the environmental impact of this rule
and concluded that under section 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1C 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

[[Page 16825]]

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, that 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
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 regulation will not have a significant
economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 147

    Marine safety, Navigation (water), Outer Continental Shelf.

Regulation

    In consideration of the foregoing, the Coast Guard amends 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 and revised]

    2. Section 147.1101 is redesignated Sec. 147.20 and revised to read
as follows:

Sec. 147.20  Definitions.

    Unless otherwise stated, the term ``attending vessel'' refers to
any vessel which is operated by the owner or operator of an OCS
facility located in the safety zone, which is used for the purpose of
carrying supplies, equipment or personnel to or from the facility,
which is engaged in construction, maintenance, alteration, or repair of
the facility, or which is used for further exploration, production,
transfer or storage of natural resources from the seabed beneath the
safety zone.

    3. New sections Sec. 147.801 through Sec. 147.813 are added to read
as follows:

Sec. 147.801  Boxer Platform safety zone.

    (a) Description. The Boxer Platform is located at position 27 deg.
56' 48" N, 90 deg. 59' 48" W. 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.

Sec. 147.803  Bullwinkle Platform safety zone.

    (a) Description. The Bullwinkle Platform is located at position
27 deg. 53' 01" N, 90 deg. 54' 04" W. 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 Ursa Tension Leg Platform (Ursa TLP) is
located at position 28 deg. 09' 14.497" N, 89 deg. 06' 12.790" W. 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 West Delta 143 Platform is located at position
28 deg. 39' 42" N, 89 deg. 33' 05" W. 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 Mars Tension Leg Platform (Mars TLP) is
located at position 28 deg. 10' 10.29" N, 89 deg. 13' 22.35" W with two
supply boat mooring buoys at positions 28 deg. 10' 18.12" N, 89 deg.
12' 52.08" W (Northeast) and 28 deg. 09' 49.62" N, 89 deg. 12' 57.48" W
(Southeast). 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 Ram-Powell Tension Leg Platform (Ram-Powell
TLP) is located at position 29 deg. 03' 52.2" N, 88 deg. 05' 30" W with
two supply boat mooring buoys at positions 29 deg. 03' 52.2" N, 88 deg.
05' 12.6" W (Northeast) and 29 deg. 03' 28.2" N, 88 deg. 05' 10.2" W
(Southeast). 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 Auger Tension Leg Platform (Auger TLP) is
located at position 27 deg. 32' 45.4" N, 92 deg. 26' 35.09" W with two
supply boat mooring buoys at positions 27 deg. 32' 38.1" N, 92 deg. 26'
04.8" W (East Buoy) and 27 deg. 32' 58.14" N, 92 deg. 27' 04.92" W
(West Buoy). 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: March 14, 2000.
K. J. Eldridge,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 00-7637 Filed 3-29-00; 8:45 am]
BILLING CODE 4910-15-U 

 
 


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