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Safety Zones for Outer Continental Shelf Facilities in the Gulf of Mexico
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 10, 2001 (Volume 66, Number 237)]
[Proposed Rules]
[Page 63642-63645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de01-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 147
[CGD08-01-025]
RIN 2115-AG22
Safety Zones for Outer Continental Shelf Facilities 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 five
petroleum and gas production facilities in the Outer Continental Shelf
in the Gulf of Mexico. The four platforms and one moored spar buoy need
to be protected from vessels operating outside the normal shipping
channels and fairways. Placing safety zones around these facilities
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
[[Page 63643]]
authorized by the Eighth Coast Guard District Commander.
DATES: Comments and related material must reach the Coast Guard on or
before February 8, 2002.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine
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 3:30
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 Commander,
Eighth Coast Guard District (m) between 8 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Karrie Trebbe, Project Manager for
Eighth Coast Guard District Commander, Hale Boggs Federal Bldg., 501
Magazine 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 [CGD08-01-
025], 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 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
The Coast Guard proposes to establish safety zones around the
following petroleum producing facilities in the Gulf of Mexico:
ExxonMobil Hoover Floating OCS Facility, a moored spar buoy, Alaminos
Canyon Block 25A (AC25A), located at position 26 deg.56'33" N,
94 deg.41'19.55" W; Sir Douglas Morpeth Tension Leg Platform (Morpeth
TLP), Ewing Bank Block 921A (EB 921A), located at position
28 deg.02'05.28" N, 90 deg.01'22.12" W; and Allegheny Tension Leg
Platform (Allegheny TLP), Green Canyon Block 254A (GC 254A), located at
position 27 deg.41'29.65" N, 90 deg.16'31.93" W; Brutus Tension Leg
Platform (Brutus TLP), Green Canyon Block 158 (GC 158), located at
position 27 deg.47'42.86" N, 90 deg.38'51.15" W; Enchilada Platform,
Garden Banks Block 128A (GB 128A), located at position 27 deg.52'31.31"
N, 91 deg.59'11.09" W.
These five proposed safety zones 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.
ExxonMobil Production Company, British Borneo USA, Inc and Shell
Exploration and Production have requested that the Coast Guard
establish safety zones in the Gulf of Mexico around the following:
ExxonMobil Production Company, the ExxonMobil Hoover Floating OCS
Facility, a moored spar buoy; British Borneo platforms, the Morpeth TLP
and the Allegheny TLP; and Shell platforms, the Brutus TLP and the
Enchilada Platform.
The request for the safety zones was made due to the high level of
shipping activity around the facilities and the safety concerns for
both the personnel on board the facilities and the environment.
ExxonMobil Production Company, British Borneo USA, Inc and Shell
Exploration and Production, indicated that the location, production
level, and personnel levels on board the facilities make it highly
likely that any allision with the facilities would result in a
catastrophic event. The Enchilada Platform is located near the edge of
a shipping safety fairway. The ExxonMobil Hoover Floating OCS Facility,
Brutus TLP, Morpeth TLP and Allegheny TLP are located in open waters
where no fixed structures previously existed. All are high production
oil and gas drilling platforms producing from 20,000 to 108,000 barrels
of oil per day, and are manned with crews ranging from approximately 18
to 160 people.
The Coast Guard has reviewed ExxonMobil Production Company's,
British Borneo USA, Inc's and Shell Exploration and Production's
concerns and agrees that the risk of allision to the facilities 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 this threat of
allisions, oil spills and natural gas and increase the safety of life,
property, and the environment in the Gulf of Mexico. This regulation is
issued pursuant to 14 U.S.C. 85 as set out in the authority citation
for all of 33 CFR part 147.
Discussion of Proposed Rule
In addition to the general risks discussed above, the following
specific risks apply to the individual facilities. The specific risk
factors, which necessitate a safety zone for the ExxonMobil Hoover
Floating OCS Facility, a moored spar buoy, are as follows: (1) There is
no designated fairway at this distance offshore and mariners use the
facility as a navigational aid; (2) the facility has a high production
capacity of 100,000 barrels of petroleum oil per day and 325 million
cubic feet of gas per day; and (3) the facility is manned with a crew
of 160.
The specific risk factors, which necessitate a safety zone for the
Morpeth TLP, are as follows: (1) Proximity to the Gulf of Mexico East-
West fairway; (2) the facility has a high production capacity of 15,000
barrels of petroleum oil per day and 12,000 cubic feet of gas per day;
and (3) the facility is manned with a crew of 18.
The specific risk factors, which necessitate a safety zone for the
Allegheny TLP, are as follows: (1) There is no designated fairway at
this distance offshore and mariners use the facility as a navigational
aid; (2) the facility has a high production capacity of 23,500 barrels
of petroleum oil per day and 32
[[Page 63644]]
million cubic feet of gas per day; and (3) the facility is manned with
a crew of 18.
The specific risk factors, which necessitate a safety zone for the
Brutus TLP, are as follows: (1) Proximity to the Gulf of Mexico East-
West fairway; (2) the facility has a high production capacity of
100,000 barrels of petroleum oil per day and 150 million cubic feet of
gas per day; and (3) the facility is manned with a crew of 150.
The specific risk factors, which necessitate a safety zone for the
Enchilada Platform, are as follows: (1) Proximity to the Gulf of Mexico
East-West fairway; (2) the facility has a high production capacity of
108,000 barrels of petroleum oil per day and 384 million cubic feet of
gas per day; and (3) the facility is manned with a crew of 35.
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 Transportation (44 FR 11040;
February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
The impacts on routine navigation are expected to be minimal
because the safety zone will not encompass any nearby safety fairways.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612.), we
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 offshore facilities are located far
offshore, few privately owned fishing vessels and recreational boats/
yachts may be operating in the area and alternate routes are available
for these vessels. Deviation of their intended course may cause a
minimal loss of time (estimated loss of four to ten minutes) to their
destination depending on how fast the vessel is traveling. The Coast
Guard expects the impact of this regulation on small entities to be
minimal.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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).
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).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism 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 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
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this proposed rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
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 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. 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.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
[[Page 63645]]
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; 49 CFR 1.46.
2. Add Secs. 147.815, 147.817, 147.819, 147.821 and 147.23 to read
as follows:
Sec. 147.815 ExxonMobil Hoover Floating OCS Facility safety zone.
(a) Description. The ExxonMobil Hoover Floating OCS Facility, a
moored spar buoy, Alaminos Canyon Block 25A (AC25A), is located at
position 26 deg.56'33" N, 94 deg.41'19.55" 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 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.
Sec. 147.817 Sir Douglas Morpeth Tension Leg Platform safety zone.
(a) Description. The Sir Douglas Morpeth Tension Leg Platform
(Morpeth TLP), Ewing Bank Block 921A (EB 921A), is located at position
28 deg.02'5.28" N, 90 deg.01'22.12" 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 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.
Sec. 147.819 Allegheny Tension Leg Platform safety zone.
(a) Description. The Allegheny Tension Leg Platform (Allegheny
TLP), Green Canyon Block 254A (GC 254A), is located at position
27 deg.41'29.65" N, 90 deg.16'31.93" 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 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.
Sec. 147.821 Brutus Tension Leg Platform safety zone.
(a) Description. The Brutus Tension Leg Platform (Brutus TLP),
Green Canyon Block 158 (GC 158), is located at position
27 deg.47'42.86" N, 90 deg.38'51.15" 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 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.
Sec. 147.823 Enchilada Platform safety zone.
(a) Description. The Enchilada Platform, Garden Banks Block 128A
(GB 128A), is located at position 27 deg.52'31.31" N, 91 deg.59'11.09"
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 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: August 27, 2001.
R.J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-30481 Filed 12-7-01; 8:45 am]
BILLING CODE 4910-15-U