Safety Zone; Outer Continental Shelf Facility in the Gulf of
Mexico
[Federal Register: April 2, 2002 (Volume 67, Number 63)]
[Proposed Rules]
[Page 15505-15507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap02-25]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 147
[CGD08-01-043]
RIN 2115-AG31
Safety Zone; Outer Continental Shelf Facility 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 a safety zone around a
petroleum and gas production facility in Green Canyon 205A of the Outer
Continental Shelf in the Gulf of Mexico. The facility needs to be
protected from vessels operating outside the normal shipping channels
and fairways, and placing a safety zone around this facility would
significantly reduce the threat of allisions, oil spills and releases
of natural gas. The proposed regulation would prevent all vessels from
entering or remaining in the specified area around the facility 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 Coast Guard District Commander.
DATES: Comments and related material must reach the Coast Guard on or
before June 3, 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-
043], 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. However, 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 a public meeting 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 a safety zone around a
petroleum producing facility in the Gulf of Mexico: Chevron Genesis
Spar (Genesis), Green Canyon 205A (GC205A), located at position
27 deg.46'46.365" N, 90 deg.31'6.553" W.
This proposed safety zone is in the deepwater area of the Gulf of
Mexico. For the purposes of this regulation it is considered to be in
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 zone
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.
Chevron U.S.A. Production Company, hereafter referred to as
Chevron, has
[[Page 15506]]
requested that the Coast Guard establish a safety zone in the Gulf of
Mexico around the moored spar buoy, the Chevron Genesis Spar, hereafter
referred to as Genesis.
The request for the safety zone was made due to the high level of
shipping activity around the facility and the safety concerns for both
the personnel on board the facility and the environment. Chevron
indicated that the location, production level, and personnel levels on
board the facility make it highly likely that any allision with the
facility would result in a catastrophic event. The Genesis is located
in open waters where no fixed structures previously existed. It is a
high production oil and gas drilling facility producing approximately
55,000 barrels of oil per day, 95 million cubic feet of gas per day and
is manned with a crew of approximately 160 people.
The Coast Guard has reviewed Chevron's concerns and agrees that the
risk of allision to the facility and the potential for loss of life and
damage to the environment resulting from such an accident warrants the
establishment of this safety zone. The proposed regulation would
significantly reduce the threat of allisions, oil spills and natural
gas releases 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 and 43 U.S.C. 1333 as set out in the authority citation
for 33 CFR part 147.
Discussion of Proposed Rule
The following specific risk factors that necessitate a safety zone
exist at Genesis: (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 55,000 barrels of petroleum
oil per day and 95 million cubic feet of gas per day; and (3) The
facility is manned with a crew of 160.
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 of the safety fairways
within the Gulf of Mexico.
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 Genesis is located far offshore,
few privately owned fishing vessels and recreational boats/yachts
operate in the area and alternate routes are available for these
vessels. Use of an alternate route may cause a vessel to incur a delay
of 4 to 10 minutes in arriving at their destinations depending on how
fast the vessel is traveling. Therefore, 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 to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please 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.
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
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 an expenditure, we
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This proposed 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 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
create an environmental risk to health or risk to
[[Page 15507]]
safety that may disproportionately affect children.
Indian Tribal Governments
This proposed 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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.
Environment
We have considered the environmental impact of this proposed rule
and concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
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 Sec. 147.825 to read as follows:
Sec. 147.825 Chevron Genesis Spar safety zone.
(a) Description. The Chevron Genesis Spar, Green Canyon 205A
(GC205A), is located at position 27 deg.46'46.365" N, 90 deg.31'6.553"
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.
Dated: December 19, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-7828 Filed 4-1-02; 8:45 am]
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