[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]


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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.

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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]
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