Safety Zone; Lucius Spar Outer Continental Shelf Facility, Keathley Canyon Block 875, Gulf of Mexico, 21468-21470 [2023-07585]
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Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
costs. Requests for reimbursement must
be based on actual cost. If the defense
counsel is provided by contract, then
the reimbursement amount can be based
on the invoiced cost to the participating
Tribe.
(f) Court expenses such as judge and
court staff time; postage for summoning
jurors; jury fees; witness costs; and
competency evaluation or other mental
health evaluations ordered by the court.
Requests for reimbursement must be
based on actual costs attributed to STCJ
cases.
(g) Community supervision/re-entry
expenses such as probation, parole, or
other staff time; electronic or other
monitoring fees; chemical dependency
testing; batterer or sex offender
evaluation and treatment; and presentence investigation costs. Requests
for reimbursement must be based on
actual costs attributed to STCJ cases.
(h) Indirect costs based on a current
federally approved indirect cost rate
agreement.
(i) Other costs incurred in, relating to,
or associated with exercising STCJ.
Participating Tribes requesting
reimbursement for costs in this category
must demonstrate that the cost is
incurred in, relating to, or associated
with exercise of STCJ.
§ 90.37
Ineligible expenses.
Participating Tribes are not permitted
to request reimbursement for the
following:
(a) Planning: Expenses associated
with planning to exercise STCJ, such as
code drafting.
(b) Training, including costs for
training criminal justice personnel,
court personnel, or others.
(c) Any expenses not incurred in,
relating to, or associated with exercising
STCJ.
lotter on DSK11XQN23PROD with RULES1
§ 90.38 Collection of expenses from
offenders.
If a participating Tribe recoups
expenses related to exercise of STCJ
from the convicted offenders prior to
receiving reimbursement for such
expenses, then the recouped funds shall
be used prior to seeking reimbursement
through the Tribal Reimbursement
Program. If a participating Tribe recoups
expenses related to exercise of STCJ
from the convicted offenders subsequent
to receiving reimbursement for such
expenses, such funds must be used
toward exercise of STCJ.
§ 90.39
Expenses documentation.
Documentation of expenses retained
on file by participating Tribes pursuant
to sections 90.34 and 90.35 must be
adequate for an audit. At a minimum,
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participating Tribes must retain the
general accounting ledger and all
supporting documents, including
invoices, sales receipts, or other proof of
expenses incurred for those expenses
reimbursed by the Tribal
Reimbursement Program. Such records
must be retained for a period of three
years from the end of the calendar year
during which the participating Tribe
sought reimbursement. All financial
records pertinent to the Tribal
Reimbursement Program, including the
general accounting ledger and all
supporting documents, are subject to
agency review during the calendar year
in which reimbursement is sought,
during any audit, and for the three-year
retention period.
§ 90.40
Other sources of funding.
If there are other sources of federal
funding available to pay for a particular
cost associated with the exercise of
STCJ, participating Tribes must expend
funds from those sources before seeking
reimbursement from this program.
Examples include existing Department
of Justice grant funds, Medicare/
Medicaid, and Bureau of Indian Affairs
funding.
§ 90.41 Denial of specific expenses for
reimbursement.
If reimbursement of specific expenses
is denied, the participating Tribe may
request review of the denial via a letter
to the OVW Director stating the reason
why the denied expense was eligible for
reimbursement. OVW must receive the
letter within 30 calendar days of the
denial. The OVW Director will review
the letter and notify the participating
Tribe of a final decision within 30 days
of receipt of the letter.
§ 90.42
Corrective action.
Reimbursement requests later found
not to meet statutory, regulatory, or
other program requirements may result
in a corrective action plan and/or
recovery/recoupment. Participating
Tribes that fail to submit the required
summary of eligible expenses under
§§ 90.34 and 90.35, respond to requests
for information during monitoring or
auditing, or follow a corrective action
plan or return funds expended on
ineligible expenses will be deemed
ineligible for additional Tribal
Reimbursement Program funds, in the
PO 00000
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Dated: March 31, 2023.
Allison Randall,
Acting Director.
[FR Doc. 2023–07519 Filed 4–10–23; 8:45 am]
BILLING CODE 4410–FX–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG–2021–0474]
RIN 1625–AA87
Safety Zone; Lucius Spar Outer
Continental Shelf Facility, Keathley
Canyon Block 875, Gulf of Mexico
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone around the
Lucius Spar, located in Keathley
Canyon Block 875 on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico. The purpose of this rule is to
protect the facility from all vessel traffic
operating outside the normal shipping
channels and fairways that are not
providing service to or working with the
facility. 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.
SUMMARY:
DATES:
This rule is effective April 11,
2023.
Monitoring and audit.
Tribes receiving reimbursement of
expenses under the Tribal
Reimbursement Program will be subject
to regular monitoring and audits to
ensure that expenses are properly
documented and are allocable to the
exercise of STCJ.
§ 90.43
same or another calendar year, until
such deficiencies are remedied.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0474 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email LCDR David Newcomb, District
Eight OCS, U.S. Coast Guard; telephone
504–671–2106, David.T.Newcomb@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Anadarko Petroleum Corporation
requested that the Coast Guard establish
a safety zone around its facility. There
are safety concerns for both the
personnel aboard the facility and the
environment that arise when a safety
zone is not established. In response, on
October 23, 2022, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Lucius Spar Outer Continental Shelf
Facility, Keathley Canyon Block 875,
Gulf of Mexico. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
this comment period that ended on
November 23, 2022, we received 1
comment.
lotter on DSK11XQN23PROD with RULES1
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 14 U.S.C. 85, 43
U.S.C. 1333, Department of Homeland
Security Delegation No. 0170.1, and 33
CFR 1.05–1, 147.1, and 147.10, which
collectively permit the establishment of
safety zones for facilities located on the
OCS for the purpose of protecting life
and property on the facilities, and the
marine environment in the safety zones.
The Coast Guard has determined that a
safety zone is necessary to protect the
facility from all vessels operating
outside the normal shipping channels
and fairways that are not providing
services to or working with the facility.
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. The purpose of the rule is to
significantly reduce the threat of
allisions, oil spills, and releases of
natural gas, and thereby protect the
safety of life, property, and the
environment.
IV. Discussion of Comments, Changes
and the Rule
As noted above, we received 1
comment on our NPRM published on
November 23, 2022. The commenter
asked to specify the horizontal datum
(NAD 27, NAD 83, etc.) for the latitude
and longitude position in the rule. We
have done so. In this rule, as in all OCS
Safety Zone rules, we use the NAD 83
horizontal datum.
This rule established a safety zone on
the Outer Continental Shelf (OCS) in the
deepwater area of the Gulf of Mexico at
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Jkt 259001
Keathley Canyon 875. The area or the
safety zone is 500 meters (1640.4 feet)
from each point on the facility, which
is located at 26°7′55.0632″ N,
92°2′24.2982″ W (NAD 83). The
deepwater area is 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. No
vessel, except those attending the
facility, or those less than 100 feet in
length and not engaged in towing will
be permitted to enter the safety zone
without obtaining permission from
Commander, Eighth Coast Guard
District or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking,
and we considered the First
Amendment rights of protestors. Below
we summarize our analyses based on a
number of these statutes or executive
orders.
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the location of the Lucius
Spar, on the OCS, and its distance from
both land and safety fairways. Vessels
traversing waters near the safety zone
will be able to safely travel around the
zone using alternate routes. Exceptions
to this rule include vessels measuring
less than 100 feet in length overall and
not engaged in towing. The Eighth Coast
Guard District Commander, or a
designated representative, will consider
requests to transit through the safety
zone on a case-by-case basis.
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
PO 00000
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21469
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 rule. If the rule
affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will 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 rule under that Order and
E:\FR\FM\11APR1.SGM
11APR1
21470
Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
lotter on DSK11XQN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 rule involves
establishing a safety zone around an
offshore deepwater facility. Normally
such actions are categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of Commandant
Instruction M16475.lD. A preliminary
environmental analysis checklist and
Categorical Exclusion Determination,
prepared and signed before October 31,
2022 are available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
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16:10 Apr 10, 2023
Jkt 259001
jeopardizing the safety or security of
people, places or vessels.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 147
Coast Guard
Continental shelf, Marine safety,
Navigation (water).
33 CFR Part 147
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
[Docket Number USCG–2021–0476]
RIN 1625–AA00
PART 147—SAFETY ZONES
Safety Zone; Heidelberg Spar Outer
Continental Shelf Facility, Green
Canyon Block 860, Gulf of Mexico
1. The authority citation for part 147
continues to read as follows:
AGENCY:
Authority: 14 U.S.C. 554; 43 U.S.C. 1333;
33 CFR 1.05–1; Department of Homeland
Security Delegation No. 0170.1.
SUMMARY:
■
■
2. Add § 147.873 to read as follows:
§ 147.873 Safety Zone; Lucius Spar, Outer
Continental Shelf Facility, Keathley Canyon
875.
(a) Description. The Lucius Spar in
the deepwater area of the Gulf of Mexico
at Keathley Canyon 875. The facility is
located at: 26°7′55.0632″ N,
92°2′24.2982″ W (NAD 83) and the area
within 500 meters (1640.4 feet) from
each point on the facility structure’s
outer edge is a safety zone.
(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: April 4, 2023.
Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast
Guard District Eight.
[FR Doc. 2023–07585 Filed 4–10–23; 8:45 am]
Coast Guard, DHS.
Final rule.
The Coast Guard is
establishing a safety zone around the
Heidelberg Spar, located in Green
Canyon Block 860 on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico. The purpose of this rule is to
protect the facility from all vessel traffic
operating outside the normal shipping
channels and fairways that are not
providing service to or working with the
facility. 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.
DATES:
This rule is effective May 11,
2023.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0476 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email LCDR David Newcomb, District
Eight OCS, U.S. Coast Guard; telephone
504–671–2106, David.T.Newcomb@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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 Information and
Regulatory History
BILLING CODE 9110–04–P
PO 00000
ACTION:
Anadarko Petroleum Company
requested that the Coast Guard establish
a safety zone around its facility. There
are safety concerns for both the
personnel aboard the facility and the
Frm 00012
Fmt 4700
Sfmt 4700
E:\FR\FM\11APR1.SGM
11APR1
]]>Agencies
[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21468-21470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07585]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2021-0474]
RIN 1625-AA87
Safety Zone; Lucius Spar Outer Continental Shelf Facility,
Keathley Canyon Block 875, Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone around the
Lucius Spar, located in Keathley Canyon Block 875 on the Outer
Continental Shelf (OCS) in the Gulf of Mexico. The purpose of this rule
is to protect the facility from all vessel traffic operating outside
the normal shipping channels and fairways that are not providing
service to or working with the facility. 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.
DATES: This rule is effective April 11, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0474 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
[[Page 21469]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Anadarko Petroleum Corporation requested that the Coast Guard
establish a safety zone around its facility. There are safety concerns
for both the personnel aboard the facility and the environment that
arise when a safety zone is not established. In response, on October
23, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Safety Zone; Lucius Spar Outer Continental Shelf
Facility, Keathley Canyon Block 875, Gulf of Mexico. There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this safety zone. During this comment period that
ended on November 23, 2022, we received 1 comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
85, 43 U.S.C. 1333, Department of Homeland Security Delegation No.
0170.1, and 33 CFR 1.05-1, 147.1, and 147.10, which collectively permit
the establishment of safety zones for facilities located on the OCS for
the purpose of protecting life and property on the facilities, and the
marine environment in the safety zones. The Coast Guard has determined
that a safety zone is necessary to protect the facility from all
vessels operating outside the normal shipping channels and fairways
that are not providing services to or working with the facility.
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. The purpose of the rule is to
significantly reduce the threat of allisions, oil spills, and releases
of natural gas, and thereby protect the safety of life, property, and
the environment.
IV. Discussion of Comments, Changes and the Rule
As noted above, we received 1 comment on our NPRM published on
November 23, 2022. The commenter asked to specify the horizontal datum
(NAD 27, NAD 83, etc.) for the latitude and longitude position in the
rule. We have done so. In this rule, as in all OCS Safety Zone rules,
we use the NAD 83 horizontal datum.
This rule established a safety zone on the Outer Continental Shelf
(OCS) in the deepwater area of the Gulf of Mexico at Keathley Canyon
875. The area or the safety zone is 500 meters (1640.4 feet) from each
point on the facility, which is located at 26[deg]7'55.0632'' N,
92[deg]2'24.2982'' W (NAD 83). The deepwater area is 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. No vessel,
except those attending the facility, or those less than 100 feet in
length and not engaged in towing will be permitted to enter the safety
zone without obtaining permission from Commander, Eighth Coast Guard
District or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking, and we considered the First
Amendment rights of protestors. Below we summarize our analyses based
on a number of these statutes or executive orders.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the location of
the Lucius Spar, on the OCS, and its distance from both land and safety
fairways. Vessels traversing waters near the safety zone will be able
to safely travel around the zone using alternate routes. Exceptions to
this rule include vessels measuring less than 100 feet in length
overall and not engaged in towing. The Eighth Coast Guard District
Commander, or a designated representative, will consider requests to
transit through the safety zone on a case-by-case basis.
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 rule under that Order and
[[Page 21470]]
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 rule involves establishing a safety zone around an
offshore deepwater facility. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and Categorical Exclusion Determination, prepared and signed
before October 31, 2022 are available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
For the reasons discussed in the preamble, the Coast Guard amends
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. 554; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 147.873 to read as follows:
Sec. 147.873 Safety Zone; Lucius Spar, Outer Continental Shelf
Facility, Keathley Canyon 875.
(a) Description. The Lucius Spar in the deepwater area of the Gulf
of Mexico at Keathley Canyon 875. The facility is located at:
26[deg]7'55.0632'' N, 92[deg]2'24.2982'' W (NAD 83) and the area within
500 meters (1640.4 feet) from each point on the facility structure's
outer edge is a safety zone.
(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: April 4, 2023.
Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast Guard District Eight.
[FR Doc. 2023-07585 Filed 4-10-23; 8:45 am]
BILLING CODE 9110-04-P
