Safety Zone; Vito Floating Production System, Outer Continental Shelf Facility, Mississippi Canyon Block 939, Gulf of Mexico, 64179-64181 [2022-23065]
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Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Proposed Rules
extension of the comment period for the
proposed rule. Each request conveyed
concern that the current 120-day
comment period does not allow
sufficient time to develop a meaningful
or thoughtful response to the proposed
rule.
FDA has considered the requests and
is extending the comment period for the
proposed rule until November 25, 2022.
The Agency believes that this extension
allows adequate time for interested
persons to submit comments without
significantly delaying rulemaking on
these important issues.
Dated: October 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG–2022–0313]
RIN 1625–AA00
Safety Zone; Vito Floating Production
System, Outer Continental Shelf
Facility, Mississippi Canyon Block 939,
Gulf of Mexico
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a safety zone around the
Vito Floating Production System (FPS),
located in Mississippi Canyon Block
939 on the Outer Continental Shelf
(OCS) in the Gulf of Mexico.
Establishing a safety zone around the
facility would significantly reduce the
threat of allisions, collisions, security
breaches, oil spills, releases of natural
gas, and thereby protect the safety of
life, property, and the environment.
Only vessels measuring less than 100
feet in length overall and not engaged in
towing, attending vessels, or those
vessels specifically authorized by the
Eighth Coast Guard District Commander
or a designated representative are
permitted to enter or remain in the
safety zone. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 23, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0313 using the Federal
eRulemaking Portal at https://
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:46 Oct 21, 2022
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating Production System
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
§ Section
U.S.C. United States Code
[FR Doc. 2022–23033 Filed 10–20–22; 8:45 am]
ACTION:
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LCDR David
Newcomb, District Eight OCS, U.S.
Coast Guard; telephone 504–671–2106,
David.T.Newcomb@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background, Purpose, and Legal
Basis
Under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
Delegation No. 0170.1, 33 CFR part 147
permits the establishment of safety
zones for facilities located on the OCS
for the purpose of protecting life and
property on the facilities. The
protections included in a safety zone
established under 33 CFR part 147 are
promoting safety of life and property on
the facilities as well as their
appurtenances and attending vessels
and also for the adjacent waters located
in and around each facility. Therefore,
a safety zone under 33 CFR part 147
may also include provisions to restrict,
prevent, or control certain activities,
including access by vessels or persons
to maintain safety of life, property and
the environment. Shell Exploration and
Production Company requested that the
Coast Guard establish a safety zone
around its facility located in the
deepwater area of the Gulf of Mexico on
the OCS. The Coast Guard determined
that establishing a safety zone around
this facility would significantly reduce
the threat of allisions, oil spills, and
releases of natural gas, and thereby
protect the safety of life, property, and
the environment.
III. Discussion of Proposed Rule
The safety zone proposed by this
rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico in
Mississippi Canyon Block 939 at the
center point of N 28°01′32.325″, W
89°12′33.254″. The safety zone would be
permanent. For the purpose of safety
zones established under 33 CFR part
147, the deepwater area is considered to
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64179
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
vicinity of the 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.
Only vessels measuring less than 100
feet in length overall and not engaged in
towing, attending vessels as defined in
33 CFR 147.20, or those vessels
specifically authorized by the Eighth
Coast Guard District Commander or a
designated representative are permitted
to enter or remain in the safety zone.
The transit of other vessels into and
through the safety zone area would be
prohibited. Requests for entry will be
considered and reviewed on a case-bycase basis. These proposed regulations
are consistent with the existing safety
zones on other OCS platforms in the
Gulf of Mexico. Persons or vessels that
require authorization to enter the safety
zone must request it from the
Commander, Eighth Coast Guard
District or a designated representative. If
permission is granted, all persons and
vessels shall comply with the
instructions of the Commander or a
designated representative.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
Aligning with 33 CFR 147.15, the
safety zone established will extend to a
maximum distance of 500 meters
around the OCS facility measured from
each point on its outer edge, but may
not interfere with the use of recognized
sea lanes essential to navigation. Vessel
traffic would be able to safely transit
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Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
around the proposed safety zone, which
would impact a small designated area in
the Gulf of Mexico, without significant
impediment to their voyage. This safety
zone would reduce the risk of allision
with the platform and help protect the
environment from potential oil spills, in
accordance with Coast Guard maritime
safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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.
This rule may affect owners or
operators of vessels intending to transit
or anchor in Mississippi Canyon 939,
some of which might be small entities.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Vessel traffic
would be able to pass safely around the
safety zone using an alternate route. Use
of an alternate route may cause minimal
delay in reaching a final destination,
depending on other traffic in the area
and vessel speed. Vessels would be able
to request deviation from this rule to
transit through the safety zone. Such
requests would be considered on a caseby-case basis and may be authorized by
the Commander, Eighth Coast Guard
District or a designated representative.
Therefore, the Coast Guard expects any
impact of this rulemaking establishing a
safety zone around an OCS facilities to
be minimal, with no significant
economic impact on small entities.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
VerDate Sep<11>2014
16:46 Oct 21, 2022
Jkt 259001
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Further, this proposed rule does not
have tribal implications under
Executive Order 13175 (Consultation
and Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or for Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. 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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
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Fmt 4702
Sfmt 4702
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of a
safety zone around an OCS facility to
protect life, property, and the marine
environment. Normally such actions are
categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0476 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
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Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Proposed Rules
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
For the reasons discussed in the
preamble, the Coast Guard is proposing
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. 544; 43 U.S.C. 1333;
33 CFR 1.05–1; Department of Homeland
Security Delegation No. 0170.1.
■
2. Add § 147.879 to read as follows:
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§ 147.879 Safety Zone; Vito Floating
Production System, Outer Continental Shelf
Facility, Mississippi Canyon Block 939, Gulf
of Mexico.
(a) Description. The following is a
permantent safety zone: the area within
500 meters of the Vito Floating
Production System in the deepwater
area of the Gulf of Mexico at Mississippi
Canyon Block 939 is a safety zone. The
Vito FPS is located at:
Latitude N 28°01′32.325″
Longitude 89°12′33.254″
(b) Regulation. No vessel may enter or
remain in this safety zone except for the
following:
(1) An attending vessel as defined in
147.20;
(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 or a designated representative.
(c) Requests for Permission. Persons
or vessels requiring authorization to
enter the safety zone must request
permission from the Commander,
Eighth Coast Guard District or a
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16:46 Oct 21, 2022
Jkt 259001
designated representative. If permission
is granted, all persons and vessels shall
comply with the instructions of the
Commander or designated
representative.
Dated: October 18, 2022.
Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast
Guard District Eight.
[FR Doc. 2022–23065 Filed 10–21–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG–2021–0476]
RIN 1625–AA00
Safety Zone; Heidelberg Spar Outer
Continental Shelf Facility, Green
Canyon Block 860, Gulf of Mexico
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a safety zone around the
Heidelberg Spar, located in Green
Canyon Block 860 on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico. Establishing a safety zone
around the facility will significantly
reduce the threat of allisions, collisions,
security breaches, oil spills, releases of
natural gas, and thereby protect the
safety of life, property, and the
environment. Only vessels measuring
less than 100 feet in length overall and
not engaged in towing, attending
vessels, or those vessels specifically
authorized by the Eighth Coast Guard
District Commander or a designated
representative are permitted to enter or
remain in the safety zone. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before November 23, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0476 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email LCDR David
FOR FURTHER INFORMATION CONTACT:
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64181
Newcomb, District Eight OCS, U.S.
Coast Guard; telephone 504–671–2106,
David.T.Newcomb@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
Delegation No. 0170.1, 33 CFR part 147
permits the establishment of safety
zones for facilities located on the OCS
for the purpose of protecting life and
property on the facilities. The
protections included in a safety zone
established under 33 CFR part 147 are
promoting safety of life and property on
the facilities as well as their
appurtenances and attending vessels
and also for the adjacent waters located
in and around each facility. Therefore,
a safety zone under 33 CFR part 147
may also include provisions to restrict,
prevent, or control certain activities,
including access by vessels or persons
to maintain safety of life, property and
the environment. Anadarko Petroleum
Corporation requested that the Coast
Guard establish a safety zone around its
facility located in the deepwater area of
the Gulf of Mexico on the OCS. The
Coast Guard determined that
establishing a safety zone around this
facility will significantly reduce the
threat of allisions, oil spills, and
releases of natural gas, and thereby
protect the safety of life, property, and
the environment.
III. Discussion of Proposed Rule
The safety zone proposed by this
rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico in
Green Canyon 860 at the center point of
N 27.1114, W 90.7640. The safety zone
would be permanent. For the purpose of
safety zones established under 33 CFR
part 147, 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 vicinity of the safety
zone consists of large commercial
shipping vessels, fishing vessels, cruise
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]]>Agencies
[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Proposed Rules]
[Pages 64179-64181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23065]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2022-0313]
RIN 1625-AA00
Safety Zone; Vito Floating Production System, Outer Continental
Shelf Facility, Mississippi Canyon Block 939, Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a safety zone around
the Vito Floating Production System (FPS), located in Mississippi
Canyon Block 939 on the Outer Continental Shelf (OCS) in the Gulf of
Mexico. Establishing a safety zone around the facility would
significantly reduce the threat of allisions, collisions, security
breaches, oil spills, releases of natural gas, and thereby protect the
safety of life, property, and the environment. Only vessels measuring
less than 100 feet in length overall and not engaged in towing,
attending vessels, or those vessels specifically authorized by the
Eighth Coast Guard District Commander or a designated representative
are permitted to enter or remain in the safety zone. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 23, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0313 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR David Newcomb, District Eight
OCS, U.S. Coast Guard; telephone 504-671-2106,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating Production System
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Under the authority provided in 14 U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security Delegation No. 0170.1, 33 CFR part 147
permits the establishment of safety zones for facilities located on the
OCS for the purpose of protecting life and property on the facilities.
The protections included in a safety zone established under 33 CFR part
147 are promoting safety of life and property on the facilities as well
as their appurtenances and attending vessels and also for the adjacent
waters located in and around each facility. Therefore, a safety zone
under 33 CFR part 147 may also include provisions to restrict, prevent,
or control certain activities, including access by vessels or persons
to maintain safety of life, property and the environment. Shell
Exploration and Production Company requested that the Coast Guard
establish a safety zone around its facility located in the deepwater
area of the Gulf of Mexico on the OCS. The Coast Guard determined that
establishing a safety zone around this facility would significantly
reduce the threat of allisions, oil spills, and releases of natural
gas, and thereby protect the safety of life, property, and the
environment.
III. Discussion of Proposed Rule
The safety zone proposed by this rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico in Mississippi Canyon Block 939 at
the center point of N 28[deg]01'32.325'', W 89[deg]12'33.254''. The
safety zone would be permanent. For the purpose of safety zones
established under 33 CFR part 147, 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 vicinity of the 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.
Only vessels measuring less than 100 feet in length overall and not
engaged in towing, attending vessels as defined in 33 CFR 147.20, or
those vessels specifically authorized by the Eighth Coast Guard
District Commander or a designated representative are permitted to
enter or remain in the safety zone. The transit of other vessels into
and through the safety zone area would be prohibited. Requests for
entry will be considered and reviewed on a case-by-case basis. These
proposed regulations are consistent with the existing safety zones on
other OCS platforms in the Gulf of Mexico. Persons or vessels that
require authorization to enter the safety zone must request it from the
Commander, Eighth Coast Guard District or a designated representative.
If permission is granted, all persons and vessels shall comply with the
instructions of the Commander or a designated representative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
Aligning with 33 CFR 147.15, the safety zone established will
extend to a maximum distance of 500 meters around the OCS facility
measured from each point on its outer edge, but may not interfere with
the use of recognized sea lanes essential to navigation. Vessel traffic
would be able to safely transit
[[Page 64180]]
around the proposed safety zone, which would impact a small designated
area in the Gulf of Mexico, without significant impediment to their
voyage. This safety zone would reduce the risk of allision with the
platform and help protect the environment from potential oil spills, in
accordance with Coast Guard maritime safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
This rule may affect owners or operators of vessels intending to
transit or anchor in Mississippi Canyon 939, some of which might be
small entities.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic would be able to pass safely around the safety zone using an
alternate route. Use of an alternate route may cause minimal delay in
reaching a final destination, depending on other traffic in the area
and vessel speed. Vessels would be able to request deviation from this
rule to transit through the safety zone. Such requests would be
considered on a case-by-case basis and may be authorized by the
Commander, Eighth Coast Guard District or a designated representative.
Therefore, the Coast Guard expects any impact of this rulemaking
establishing a safety zone around an OCS facilities to be minimal, with
no significant economic impact on small entities.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Further, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or for
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of a safety zone around an OCS facility to protect life,
property, and the marine environment. Normally such actions are
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0476 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed
[[Page 64181]]
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov Frequently Asked Questions web page.
We review all comments received, but we will only post comments that
address the topic of the proposed rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 147.879 to read as follows:
Sec. 147.879 Safety Zone; Vito Floating Production System, Outer
Continental Shelf Facility, Mississippi Canyon Block 939, Gulf of
Mexico.
(a) Description. The following is a permantent safety zone: the
area within 500 meters of the Vito Floating Production System in the
deepwater area of the Gulf of Mexico at Mississippi Canyon Block 939 is
a safety zone. The Vito FPS is located at:
Latitude N 28[deg]01'32.325''
Longitude 89[deg]12'33.254''
(b) Regulation. No vessel may enter or remain in this safety zone
except for the following:
(1) An attending vessel as defined in 147.20;
(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 or a designated representative.
(c) Requests for Permission. Persons or vessels requiring
authorization to enter the safety zone must request permission from the
Commander, Eighth Coast Guard District or a designated representative.
If permission is granted, all persons and vessels shall comply with the
instructions of the Commander or designated representative.
Dated: October 18, 2022.
Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast Guard District Eight.
[FR Doc. 2022-23065 Filed 10-21-22; 8:45 am]
BILLING CODE 9110-04-P
