[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Proposed Rules]
[Pages 64183-64185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23043]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2021-0473]
RIN 1625-AA00


Safety Zone; Constitution Spar Outer Continental Shelf Facility, 
Green Canyon Block 680, Gulf of Mexico

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a safety zone on the 
navigable waters around the Constitution Spar, located in Green Canyon 
Block 680 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.

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-
2021-0473 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
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec.  Section
U.S.C. United States Code

[[Page 64184]]

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 680 at the center 
point of N 27.2922, W 90.9680. 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 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 that require authorization to enter the safety zone must 
request it 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 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 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 Green Canyon 680, 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 
(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

[[Page 64185]]

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-2021-0473 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. 0170.1.

0
2. Add Sec.  147.871 to read as follows:


Sec.  147.871  Safety Zone; Constitution Spar, Outer Continental Shelf 
Facility, Green Canyon 680, Gulf of Mexico.

    (a) Description. The area within 500 meters of the Constitution 
Spar in the deepwater area of the Gulf of Mexico at Green Canyon 680 is 
a safety zone. The Constitution Spar is located at:
    Latitude N 27.2922
    Longitude W 90.9680
    (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. 2022-23043 Filed 10-21-22; 8:45 am]
BILLING CODE 9110-04-P