SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FPU Floating Production Unit

FR Federal Register

NPRM Notice of proposed rulemaking

OCS Outer Continental Shelf

§ Section

U.S.C. United States Code

( printed page 53360)

II. Background and Authority

Chevron Corporation requested that the Coast Guard establish a safety zone around its ANCHOR FPU facility. There are safety concerns for vessels operating in close proximity to the facility, as well as the personnel aboard the facility and the environment that arise when unauthorized vessels operate in close proximity to the unit. On April 14, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; ANCHOR Floating Production Unit (FPU) Outer Continental Shelf Facility, Green Canyon Block 763, Gulf of Mexico (88 FR 22971). In that NPRM, we stated why we issued the NPRM and invited comments on our proposed regulatory action related to safety zone.

Under the authority in 14 U.S.C. 544, the District Commander has determined that this rule is necessary to protect personnel, property, and the marine environment from potential hazards associated with FPU operations. These hazards include the threat of allisions, collisions, security breaches, oil spills, and releases of natural gas. No vessel or person, other than attending vessels, vessels less than 100 feet that are not towing, will be permitted to enter the safety zone without obtaining permission from the District Commander or their designated representative.

III. Discussion of Comments and the Rule

During the comment period that ended on May 15, 2023, we did not receive any comments. There are no substantive changes in the regulatory text of this rule from the proposed rule in the NPRM. References to the “Gulf of Mexico” in the NPRM have been changed to “Gulf of America” in the final rule.

This rule establishes a safety zone on the Outer Continental Shelf (OCS) in the deepwater area of the Gulf of America at Green Canyon 763. The area of the safety zone is 500 meters (1640.4 feet) from each point on the ANCHOR FPU facility, which is located at 27°12′23.0394″ N, 91°11′53.1594″ W (NAD 83). No vessel, except attending vessels as defined in 33 CFR 147.20, 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 the District Commander or their designated representative.

IV. Regulatory Analyses

We developed this 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.

A. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 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. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities.

The Coast Guard certifies that, although some small entities may intend to transit the safety zone above, this rule will not have a significant economic impact on a substantial number of small entities. Vessel traffic will be able to safely transit around this safety zone. The rule also permits certain smaller vessels to enter the safety zone, and other vessels may enter the zone with permission from the District Commander.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247).

B. 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).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. Environment

We have analyzed this 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 et seq.), and have determined 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 is a safety zone. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows:

91 FR 53359