[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21474-21476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07594]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2021-0475]
RIN 1625-AA00


Safety Zone; Horn Mountain Spar Outer Continental Shelf Facility, 
Mississippi Canyon Block 127, Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters around the Horn Mountain Spar, located in Mississippi Canyon 
Block 127 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-
2021-0475 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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

II. Background Information and Regulatory History

    Anadarko Petroleum Corporation 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; Horn Mountain Spar Outer Continental Shelf 
Facility, Mississippi Canyon Block 127, 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 1 comment

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 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.

[[Page 21475]]

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received 1 comment on our NPRM published on 
November 23, 2022. The 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 
127. The area or the safety zone is 500 meters (1640.4 feet) from each 
point on the facility, which is located at 28[deg]51'57.5994'' N, 
88[deg]3'22.32'' 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 Horn Mountain Spar, 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 
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

[[Page 21476]]

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. 554; 43 U.S.C. 1333; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  147.875 to read as follows:


Sec.  147.875  Safety Zone, Horn Mountain Spar, Outer Continental Shelf 
Facility, Mississippi Canyon 127.

    (a) Description. The Horn Mountain Spar is in the deepwater area of 
the Gulf of Mexico at Mississippi Canyon 127. The facility is located 
at: 28[deg]51'57.5994'' N, 88[deg]3'22.32'' W, (NAD 83) and the area 
within 500 meters (1640.4 feet) from each point on the facililty 
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
    (2) 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. 2023-07594 Filed 4-10-23; 8:45 am]
BILLING CODE 9110-04-P


