Safety Zone; ARGOS Semisubmersible Floating Production Unit Outer Continental Shelf Facility, Green Canyon Block 780, Gulf of Mexico, 22968-22970 [2023-07856]
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<![CDATA[
22968
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has determined
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 promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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–2023–0038 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 your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
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.
VerDate Sep<11>2014
17:22 Apr 13, 2023
Jkt 259001
Additionally, if you go to the online
docket and sign up for email alerts, you
will be notified when comments are
posted, or a final rule is published of
any posting or updates to the docket.
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 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 117
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.
2. Revise § 117.783T to read as follows
§ 117.783T
Erie Canal.
(a) The E–200 North Main Street
Bridge, mile 293.15, over the Erie Canal,
in Brockport, NY will be rehabilitated
with under bridge vehicles. The Bridge
will remain in the open to navigation
position for the duration of the project.
Spotters will warn of approaching
vessels and move the man lift to allow
vessels to pass. Bridge lighting will be
temporarily replaced with steady
burning yellow lights on the bottom and
four-corners of the bridge where they
can best be seen by vessels approaching
from upriver or down river of the
bridge.
(b) The E–182 Main Street Bridge,
mile 278.93, over the Erie Canal, in
Brockport, NY will be rehabilitated with
under bridge vehicles. The Bridge will
remain in the open to navigation
position for the duration of the project.
Spotters will warn of approaching
vessels and move the man lift to allow
vessels to pass. Bridge lighting will be
temporarily replaced with steady
burning yellow lights on the bottom and
four-corners of the bridge where they
can best be seen by vessels approaching
from upriver or down river of the
bridge.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2023–07859 Filed 4–13–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00050
Coast Guard
33 CFR Part 147
[Docket Number USCG–2021–0676]
RIN 1625–AA00
Safety Zone; ARGOS Semisubmersible
Floating Production Unit Outer
Continental Shelf Facility, Green
Canyon Block 780, Gulf of Mexico
AGENCY:
Bridges.
■
DEPARTMENT OF HOMELAND
SECURITY
Fmt 4702
Sfmt 4702
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish a safety zone around the
ARGOS Semisubmersible Floating
Production Unit (FPU), located in Green
Canyon Block 780 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:
Comments and related material
must be received by the Coast Guard on
or before May 15, 2023.
DATES:
You may submit comments
identified by docket number USCG–
2021–0676 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.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
FPU Floating Production Unit
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
§ Section
U.S.C. United States Code
E:\FR\FM\14APP1.SGM
14APP1
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
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. 00170.1, Revision No.
01.3, 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. BP
Exploration and Production Inc (BP)
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. Placing 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 780 at the center point of
Latitude N 27°12′36″, Longitude W
90°22′51.6″ (NAD 83). 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.
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Public transit into and through the
safety zone area would be prohibited
unless a vessel is specifically authorized
by the District Commander or a
designated representative. Requests for
entry into the zone will be considered
and reviewed on a case-by-case basis.
These proposed regulations are
consistent with the existing safety zones
of other OCS platforms in the Gulf of
Mexico. Persons or vessels requiring
authorization to enter the safety zone
must request permission from the
Commander, Eighth Coast Guard
District. If permission is granted, all
persons and vessels shall comply with
the instructions of the Commander or
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 off 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
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 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, 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
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
22969
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 Green Canyon 780, 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
could 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 will 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
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
E:\FR\FM\14APP1.SGM
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22970
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
(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 Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
17:22 Apr 13, 2023
Jkt 259001
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
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).
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.
Continental shelf, Marine safety,
Navigation (water).
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–2021–0676 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
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
PO 00000
Frm 00052
Fmt 4702
Sfmt 9990
List of Subjects in 33 CFR Part 147
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. 00170.1, Revision
No. 01.3.
■
2. Add § 147.881to read as follows:
§ 147.881 Safety Zone, ARGOS Floating
Production Unit (FPU), Outer Continental
Shelf Facility, Green Canyon 780, Gulf of
Mexico
(a) Description. ARGOS FPU is in the
deepwater area of the Gulf of Mexico at
Green Canyon 780. The facility is
located at: N 27°12′36″, W 90°22′51.6″
(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. 2023–07856 Filed 4–13–23; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\14APP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22968-22970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07856]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2021-0676]
RIN 1625-AA00
Safety Zone; ARGOS Semisubmersible Floating Production Unit Outer
Continental Shelf Facility, Green Canyon Block 780, 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 ARGOS Semisubmersible Floating Production Unit (FPU), located in
Green Canyon Block 780 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: Comments and related material must be received by the Coast
Guard on or before May 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0676 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
FR Federal Register
FPU Floating Production Unit
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec. Section
U.S.C. United States Code
[[Page 22969]]
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. 00170.1, Revision No.
01.3, 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. BP Exploration and Production Inc (BP)
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. Placing 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 780 at the center
point of Latitude N 27[deg]12'36'', Longitude W 90[deg]22'51.6'' (NAD
83). 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. Public transit into and through the
safety zone area would be prohibited unless a vessel is specifically
authorized by the District Commander or a designated representative.
Requests for entry into the zone will be considered and reviewed on a
case-by-case basis. These proposed regulations are consistent with the
existing safety zones of other OCS platforms in the Gulf of Mexico.
Persons or vessels requiring authorization to enter the safety zone
must request permission from the Commander, Eighth Coast Guard
District. If permission is granted, all persons and vessels shall
comply with the instructions of the Commander or 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 off 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 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 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, 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 Green Canyon 780, 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 could 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 will 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
[[Page 22970]]
(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
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-2021-0676 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 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. 00170.1, Revision No.
01.3.
0
2. Add Sec. 147.881to read as follows:
Sec. 147.881 Safety Zone, ARGOS Floating Production Unit (FPU), Outer
Continental Shelf Facility, Green Canyon 780, Gulf of Mexico
(a) Description. ARGOS FPU is in the deepwater area of the Gulf of
Mexico at Green Canyon 780. The facility is located at: N
27[deg]12'36'', W 90[deg]22'51.6'' (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. 2023-07856 Filed 4-13-23; 8:45 am]
BILLING CODE 9110-04-P
