[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1511-1513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00319]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2022-0549]


Safety Zones; Technical and Conforming Amendments

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule makes non-substantive technical and conforming 
amendments to a Code of Federal Regulations (CFR) part which will allow 
the Coast Guard to include safety zones for non-mineral energy resource 
facilities on the Outer Continental Shelf in that part. It reflects 
amendments to the Outer Continental Shelf Lands Act by the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 
2021. This rule will have no substantive effect on the regulated 
public. It enables us to properly place newly authorized safety zones 
in the same CFR part where other existing Outer Continental Shelf 
safety zone regulations are located.

DATES: This final rule is effective January 11, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0549 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Alayna Ness, Coast Guard; telephone 202-372-3853, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NDAA National Defense Authorization Act
OCS Outer Continental Shelf
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule. 
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), 
the Coast Guard finds that this final rule is exempt from notice and 
public comment rulemaking requirements because these changes involve 
rules of agency procedure or practice. In addition, the Coast Guard 
finds that notice and comment procedures are unnecessary for this final 
rule under 5 U.S.C. 553(b)(B), as this rule consists of only technical 
and editorial corrections and these changes will have no substantive 
effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds 
that, for the same reasons, good cause exists for making this final 
rule effective upon publication in the Federal Register.

III. Basis and Purpose

    This final rule, which becomes effective on January 11, 2023, makes 
technical and conforming amendments to title 33, part 147, of the Code 
of Federal Regulations (CFR). These non-substantive changes are 
necessary to include safety zone regulations for non-mineral energy 
activities on the Outer Continental Shelf (OCS) in 33 CFR part 147. 
This rule does not create or change any substantive requirements.
    This final rule is issued under the authority of 5 U.S.C. 552(a), 
14 U.S.C. 102, and 43 U.S.C. 1333; DHS Delegation No. 00170.1(II)(90), 
Revision No. 01.3; and authorities listed at the end of this rule for 
the CFR part this rule amends.

IV. Discussion of the Rule

    The Coast Guard is issuing technical and conforming amendments to 
the existing regulations in title 33, part 147, of the CFR. These 
technical amendments provide the public with accurate and current 
regulatory information as to where safety zones for certain OCS 
facilities will be located in the CFR, but do not change the effect of 
any Coast Guard regulations on the public. Our amendment to 33 CFR 
147.10 is narrowly focused on allowing us to establish 33 CFR part 147 
as the location for safety zones regulations for non-mineral energy 
resource OCS facilities.
    On January 1, 2021, Congress enacted the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021 
(NDAA), Public Law 116-283, 134 Stat. 3388. Section 9503 of the NDAA 
amended Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(1)) to specifically include non-mineral energy 
resources. The Coast Guard uses the affected statutory provisions as 
authority for issuing safety zone regulations around offshore 
facilities on the OCS. In Sec.  147.10, this rule redesignates 
paragraphs (b) through (d) as paragraphs (c) through (e), makes a 
conforming amendment to an existing cross-reference in newly 
redesignated paragraph (c), and adds a new paragraph (b). New paragraph 
(b) explains that, for purposes of establishing safety zones under part 
147, ``OCS facility'' includes non-mineral energy resource permanent or 
temporary structures. The rest of part 147 is unchanged by this 
technical amendment.

[[Page 1512]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. A regulatory 
analysis follows.
    This rule involves non-substantive technical amendments and 
internal agency practices and procedures; it will not impose any 
additional costs and will provide qualitative benefits. The final rule 
will simply amend our regulations to reflect existing statutory 
authority under the 2021 NDAA to allow the Coast Guard to establish 
safety zones for non-mineral development on the OCS and to help 
identify where these safety zone regulations will be located in the 
CFR. The rule will also add clarifying text in 33 CFR part 147 in 
support of this change.
    The Coast Guard does not expect that there will be any additional 
costs conferred on the public or the Federal Government, because none 
of the technical and editorial changes included in this rule will 
change existing regulatory requirements, and no safety zones on the OCS 
will be directly established, removed, or otherwise modified by this 
rule. The qualitative benefits of the non-substantive technical 
amendments are increased clarity of regulations that will now reflect 
recent amendments to 43 U.S.C. 1333. Hence, this rule will establish 
that safety zone regulations for non-mineral energy resources OCS 
facilities will be located in 33 CFR part 147.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    A notice of proposed rulemaking does not precede this rule. 
Therefore, it is exempt from the requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does 
not apply when notice and comment rulemaking is not required.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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.

D. 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, nor does it 
impact an existing collection.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on 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 Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. Unfunded Mandates

    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. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights).

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988 (Civil Justice Reform) to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045 (Protection 
of Children from Environmental Health Risks and Safety Risks). This 
rule is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it will 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.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are

[[Page 1513]]

developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under DHS Management 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 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. A 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.
    This rule is categorically excluded under paragraphs A3 and L54 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
Paragraph A3 pertains to the promulgation of rules, issuance of rulings 
or interpretations, and the development and publication of policies, 
orders, directives, notices, procedures, manuals, advisory circulars, 
and other guidance documents of the following nature:
    (a) Those of a strictly administrative or procedural nature;
    (b) those that implement, without substantive change, statutory or 
regulatory requirements;
    (c) those that implement, without substantive change, procedures, 
manuals, and other guidance documents; and
    (d) those that interpret or amend an existing regulation without 
changing its environmental effect.
    Paragraph L54 pertains to regulations which are editorial or 
procedural. This final rule involves a non-substantive technical and 
conforming amendment to existing Coast Guard regulations.

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 is revised 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. Amend Sec.  147.10 as follows:
0
a. Redesignate paragraphs (b) through (d) as paragraphs (c) through 
(e);
0
b. Add new paragraph (b); and
0
c. In newly redesignated paragraph (c), remove the text ``paragraph 
(c)'' and add, in its place, the text ``paragraph (d)''.
    The addition reads as follows:


Sec.  147.10  Establishment of safety zones.

* * * * *
    (b) For purposes of establishing safety zones under this part, OCS 
facility includes non-mineral energy resource permanent or temporary 
structures.
* * * * *

    Dated: January 4, 2023.
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-00319 Filed 1-10-23; 8:45 am]
BILLING CODE 9110-04-P