[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21472-21474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07589]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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. 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.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG- 
2022-0313 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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 Information and Regulatory History

    Shell Oil 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; 
Vito Floating Production System, Outer Continental Shelf Facility, 
Mississippi Canyon Block 939, 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 2 comments.

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

[[Page 21473]]

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 2 comments on our NPRM published on 
November 23, 2022. The first commenter was wholly in support of the 
establishment of a safety zone. The second 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 Mississippi Canyon 
939. The area or the safety zone is 500 meters (1640.4 feet) from each 
point on the facility, which is located 28[deg]01'32.325'' N, 
89[deg]12'33.254'' 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 Vito FPS, 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 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

[[Page 21474]]

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. 544; 43 U.S.C. 1333; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 00170.1.


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 Vito FPS is in the deepwater area of the Gulf 
of Mexico at Mississippi Canyon Block 939. The facility is located at 
28[deg]01'32.325'' N, 89[deg]12'33.254'' 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.

Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast Guard District Eight.
[FR Doc. 2023-07589 Filed 4-10-23; 8:45 am]
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