Proposed Rule2026-16130
Safety Zone; WHALE Floating Production System Outer Continental Shelf Facility, Alaminos Canyon 773, Gulf of America
Primary source
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Published
August 7, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone around the WHALE Floating Production System (FPS), on the Outer Continental Shelf (OCS) in the Gulf of America. Establishing a safety zone around the facility will significantly reduce the threat of allisions, collisions, security breaches, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. This proposed rulemaking would prohibit entry of vessels into this safety zone unless specifically authorized by the Commander, Coast Guard Heartland District or their designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Proposed Rules]
[Pages 51118-51119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16130]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2026-0603]
RIN 1625-AA00
Safety Zone; WHALE Floating Production System Outer Continental
Shelf Facility, Alaminos Canyon 773, Gulf of America
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone around
the WHALE Floating Production System (FPS), on the Outer Continental
Shelf (OCS) in the Gulf of America. Establishing a safety zone around
the facility will significantly reduce the threat of allisions,
collisions, security breaches, oil spills, and releases of natural gas,
and thereby protect the safety of life, property, and the environment.
This proposed rulemaking would prohibit entry of vessels into this
safety zone unless specifically authorized by the Commander, Coast
Guard Heartland District or their designated representative. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 8, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0603.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact Mr. Steven Wilkes, Heartland District Western
Rivers & Waterways Division, U.S. Coast Guard; telephone (206) 815-
1119, or email <a href="/cdn-cgi/l/email-protection#8eddfaebf8ebe0a0caa0d9e7e2e5ebfdbccefbfdede9a0e3e7e2"><span class="__cf_email__" data-cfemail="4f1c3b2a392a21610b61182623242a3c7d0f3a3c2c2861222623">[email protected]</span></a>.
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 and Authority
Shell Exploration and Production Company (Shell) requested that the
Coast Guard establish a safety zone around its WHALE FPS facility.
There are safety concerns for vessels operating in close proximity to
the facility, as well as for the personnel aboard the facility and the
environment that arise when unauthorized vessels operate in close
proximity to the unit. Hazards associated with vessels operating in
close proximity to an offshore platform include the threat of
allisions, collisions, security breaches, oil spills, and releases of
natural gas. Therefore, the District Commander is proposing this rule
under the authority in 14 U.S.C. 544, 43 U.S.C. 1333, and the
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3, which is needed to protect personnel, property, and the marine
environment from these potential hazards.
III. Discussion of the Rule
This proposed rule would establish a permanent safety zone on the
OCS in the deepwater area of the Gulf of America at Alaminos Canyon
773. The area of the proposed safety zone would be 500 meters (1640.4
feet) from each point on the WHALE FPS facility, which is located at
approximate position 26[deg]13'25.55'' N, 94[deg]40'25.39'' 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, would be
permitted to enter the safety zone without obtaining permission from
the District Commander or their designated representative. The
regulatory text we are proposing appears at the end of this document.
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.
A. 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. 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 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 for the following reasons.
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
[[Page 51119]]
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 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 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 proposed 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.
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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2026-0603 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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. 00170.1, Revision No.
01.4.
0
2. Add Sec. 147.885 to read as follows:
Sec. 147.885 WHALE Floating Production System safety zone.
(a) Description. The WHALE, a Floating Production System (FPS), is
in the deepwater area of the Gulf of America at Alaminos Canyon 773.
The facility is located at approximate position: 26[deg]13'25.55'' N,
94[deg]40'25.39'' W (NAD 83). 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 Sec. 147.20;
(2) A vessel under 100 feet in length overall not engaged in
towing; or
(3) A vessel authorized by the Commander, Coast Guard Heartland
District or a designated representative.
(c) Requests for permission. To seek permission to enter, contact
the District Commander or the District Commander's representative on
VHF-FM channel 16 or by telephone at (855) 485-3727. All vessels and
personnel in the safety zone must comply with all lawful orders or
directions given to them by the District Commander or the District
Commander's designated representative.
W.E. Watson,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Heartland
District.
[FR Doc. 2026-16130 Filed 8-6-26; 8:45 am]
BILLING CODE 9110-04-P
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