80_FR_41037 80 FR 40903 - Safety Zone; POLAR PIONEER, Outer Continental Shelf Drill Unit, Chukchi Sea, Alaska

80 FR 40903 - Safety Zone; POLAR PIONEER, Outer Continental Shelf Drill Unit, Chukchi Sea, Alaska

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range40903-40905
FR Document2015-17129

The Coast Guard is establishing a safety zone that extends 500 meters from the outer edge of the DRILL UNIT POLAR PIONEER. This safety zone will be in effect when the DRILL UNIT POLAR PIONEER is on location in order to drill exploratory wells at various prospects located in the Chukchi Sea Outer Continental Shelf, Alaska, from 12:01 a.m. on July 1, 2015 through 11:59 p.m. on October 31, 2015. The purpose of the temporary safety zone is to protect the drillship from vessels operating outside the normal shipping channels and fairways. Placing a safety zone around the drillship will significantly reduce the threat of allisions, which could result in oil spills and releases of natural gas, and thereby protects the safety of life, property, and the environment. Lawful demonstrations may be conducted outside of the safety zone.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40903-40905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17129]


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DEPARTMENT OF HOMELAND SECURITY

 Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0247]
RIN 1625-AA00


Safety Zone; POLAR PIONEER, Outer Continental Shelf Drill Unit, 
Chukchi Sea, Alaska

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone that extends 500 
meters from the outer edge of the DRILL UNIT POLAR PIONEER. This safety 
zone will be in effect when the DRILL UNIT POLAR PIONEER is on location 
in order to drill exploratory wells at various prospects located in the 
Chukchi Sea Outer Continental Shelf, Alaska, from 12:01 a.m. on July 1, 
2015 through 11:59 p.m. on October 31, 2015. The purpose of the 
temporary safety zone is to protect the drillship from vessels 
operating outside the normal shipping channels and fairways. Placing a 
safety zone around the drillship will significantly reduce the threat 
of allisions, which could result in oil spills and releases of natural 
gas, and thereby protects the safety of life, property, and the 
environment. Lawful demonstrations may be conducted outside of the 
safety zone.

DATES: This rule is effective without actual notice from July 14, 2015 
until October 31, 2015. For the purposes of enforcement, actual notice 
will be used from July 1, 2015, until July 14, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
number USCG-2015-0247. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
Open Docket Folder on the line associated with this rulemaking. You may 
also visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LCDR Jason Boyle, Seventeenth Coast Guard District 
(dpi); telephone 907-463-2821, [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published an NPRM for this safety zone on May 1, 
2015 (80 FR 24863). One comment from the public was received during the 
30 day comment period. No public meeting on this NPRM was requested, 
and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Information regarding the size and 
location of this safety zone was not provided to the Coast Guard in 
sufficient detail for the Coast Guard to initiate this rulemaking 
activity at an earlier date. Delaying the implementation of this safety 
zone would increase the possibility of an allision in the Chukchi Sea.

B. Basis and Purpose

    The request for the temporary safety zone was made by Shell 
Exploration & Production Company due to safety concerns for both the 
personnel aboard the DRILL UNIT POLAR PIONEER and the environment. 
Shell Exploration & Production Company indicated that it is highly 
likely that any allision or inability to identify, monitor or mitigate 
any risks or threats, including ice-related hazards that might be 
encountered, may result in a catastrophic event. Incursions into the 
area by unapproved vessels could degrade the ability to monitor and 
mitigate such risks. In evaluating this request, the Coast Guard 
explored relevant safety factors and considered several criteria, 
including but not limited to: (1) The level of shipping activity around 
the operation; (2) safety concerns for personnel aboard the vessel; (3) 
concerns for the environment given the sensitivity of the environmental 
and the importance of fishing and hunting to the indigenous population; 
(4) the lack of any established shipping fairways, and fueling and 
supply storage/operations which increase the likelihood that an 
allision would result in a catastrophic event; (5) the recent and 
potential future maritime traffic in the vicinity of the proposed 
areas; (6) the types of vessels navigating in the vicinity of the 
proposed area; (7) the structural configuration of the vessel; and (8) 
the need to allow for lawful demonstrations without endangering the 
safe operation of the vessel. For any group intending to conduct lawful 
demonstrations in the vicinity of the rig, these demonstrations must be 
conducted outside the safety zone.
    Results from a thorough and comprehensive examination of the 
criteria, IMO guidelines, and existing regulations warrant the 
establishment of the temporary safety zone. The regulation 
significantly reduces the threat of allisions that could result in oil 
spills, and other releases. Furthermore, the regulation increases the 
safety of life, property, and the environment in the Chukchi Sea by 
prohibiting entry into the zone unless specifically authorized by the 
Commander, Seventeenth Coast Guard District, or a designated 
representative. Due to the remote location and the need to protect the 
environment, the Coast Guard may use criminal sanctions to enforce the 
safety zone as appropriate.
    The temporary safety zone will be around the DRILL UNIT POLAR 
PIONEER while anchored or deploying and recovering moorings on location 
in order to drill exploratory wells in various locations in the Chukchi 
Sea Outer Continental Shelf, Alaska during the 2015 timeframe.
    Shell Exploration & Production Company has proposed and received 
permits for drill sites within the Burger prospects, Chukchi Sea, 
Alaska.
    During the 2015 timeframe, Shell Exploration & Production Company 
has proposed drilling exploration wells at various Chukchi Sea 
prospects

[[Page 40904]]

depending on favorable ice conditions, weather, sea state, and any 
other pertinent factors. Each of these drill sites will be permitted 
for drilling in 2015 to allow for operational flexibility in the event 
sea ice conditions prevent access to one of the locations. The number 
of actual wells that will be drilled will depend on ice conditions and 
the length of time available for the 2015 drilling season. The 
predicted ``average'' drilling season, constrained by prevailing ice 
conditions and regulatory restrictions, is long enough for two to three 
typical exploration wells to be drilled.
    The actual order of drilling activities will be controlled by an 
interplay between actual ice conditions immediately prior to a rig 
move, ice forecasts, any regulatory restrictions with respect to the 
dates of allowed operating windows, whether the planned drilling 
activity involves only drilling the shallow non-objective section or 
penetrating potential hydrocarbon zones, the availability of permitted 
sites having approved shallow hazards clearance, the anticipated 
duration of each contemplated drilling activity, the results of 
preceding wells and Marine Mammal Monitoring and Mitigation plan 
requirements.
    All planned exploration drilling in the identified lease will be 
conducted with the DRILL UNIT POLAR PIONEER.
    The DRILL UNIT POLAR PIONEER has a ``persons on board'' capacity of 
110, and it is expected to be at capacity for most of its operating 
period. The DRILL UNIT POLAR PIONEER's personnel will include its crew, 
as well as Shell employees, third party contractors, Alaska Native 
Marine Mammal Observers and possibly Bureau of Safety and Environmental 
Enforcement (BSEE) personnel.
    While conducting exploration drilling operations, the DRILL UNIT 
POLAR PIONEER will be anchored using an anchoring system consisting of 
an 8-point anchored mooring spread attached to the onboard turret and 
could have a maximum anchor radius of 3,600 ft (1,100 m). The center 
point of the DRILL UNIT POLAR PIONEER will be positioned within the 
prospect location in the Chukchi Sea.
    The DRILL UNIT POLAR PIONEER will move into the Chukchi Sea on or 
about July 1, 2015 and onto a prospect location when ice allows. 
Drilling will conclude on or before October 31, 2015. The drillship and 
support vessels will depart the Chukchi Sea at the conclusion of the 
2015 drilling season.

C. Discussion of Comments, Changes, and the Final Rule

    One comment was received regarding the NPRM. One comment from the 
public was received during the 30 day comment period expressing concern 
that the safety zone was larger than necessary. Citing the need to 
conduct fishing activities, the comment instead suggested the safety 
zone prohibit getting within 50 meters of vessel, with a ``no wake'' 
restriction extending 250 meters. The Coast Guard disagrees with the 
commenter. We note that the safety zone is established for the 
protection of vessels entering the zone, not for the protection of the 
drilling vessels, and that considering the size of the drilling vessel 
and its operations, 500 meters is a reasonable distance. A ``no-wake'' 
restriction would not relate to the safety of a vessel getting so close 
to drilling operations. Furthermore, we note that the 500-meter 
restriction around the vessel will not significantly impact fishing 
operations, considering the size of the ocean.
    The Coast Guard made one change to the proposed rule. The original 
proposed rule had called for safety zones at every point where the 
vessel's mooring spread intersected with the ocean's surface. After 
additional analysis, the Coast Guard determined that the mooring system 
utilized on this vessel is configured such that its lines will not 
break the ocean's surface beyond the vessel's outer edge. Therefore, 
the Coast Guard deleted reference to such additional safety zones and 
corresponding marking buoys from the final rule.
    The temporary safety zone will encompass the area that extends 500 
meters from the outer edge of the DRILL UNIT POLAR PIONEER. This safety 
zone will be in effect both when the DRILL UNIT POLAR PIONEER is 
anchored and when deploying and recovering moorings. No vessel would be 
allowed to enter or remain in this proposed safety zone except the 
following: An attending vessel or a vessel authorized by the Commander, 
Seventeenth Coast Guard District or a designated representative. They 
may be contacted on VHF-FM Channel 13 or 16 or by telephone at 907-463-
2000.

D. Regulatory Analyses

    The Coast Guard developed this final rule after considering 
numerous statutes and executive orders related to rulemaking. Below we 
summarize our analyses based on 14 of these statutes or executive 
orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
Section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order.
    This rule is not a significant regulatory action due to the 
location of the DRILL UNIT POLAR PIONEER on the Outer Continental Shelf 
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 without incurring additional costs.

2. Small Entities

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), 
the Coast Guard has 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.
    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. This rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the Burger Prospects of the Chukchi Sea.
    This safety zone will not have a significant economic impact or a 
substantial number of small entities for the following reasons: This 
rule will enforce a safety zone around a drilling unit facility that is 
in areas of the Chukchi Sea not frequented by vessel traffic and is not 
in close proximity to a safety fairway. Further, vessel traffic can 
pass safely around the safety zone without incurring additional costs.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 40905]]

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

6. 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.

7. 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 $100,000,000.00 (adjusted 
for inflation) or more in any one year. Though this rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children

    The Coast Guard has 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 would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    The Coast Guard analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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. An environmental analysis checklist 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant's Instruction.

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. 85; 43 U.S.C. 1333; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  147.T17-0247 to read as follows:


Sec.  147.T17-0247  Safety Zone; DRILL UNIT POLAR PIONEER, Outer 
Continental Shelf Drillship, Chukchi Sea, Alaska.

    (a) Description. The DRILL UNIT POLAR PIONEER will be engaged in 
exploratory drilling operations at various locations in the Chukchi Sea 
from July 1, 2015 through October 31, 2015. The area that extends 500 
meters from the outer edge of the DRILL UNIT POLAR PIONEER is a safety 
zone. Lawful demonstrations may be conducted outside of the safety 
zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel; or
    (2) A vessel authorized by the Commander, Seventeenth Coast Guard 
District, or a designated representative.

    Dated: June 17, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard 
District.
[FR Doc. 2015-17129 Filed 7-13-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                           40903

                                                  Services Management, P.O. Box 3707, MC                   enforcement, actual notice will be used               related hazards that might be
                                                  2H–65, Seattle, WA 98124–2207; telephone                 from July 1, 2015, until July 14, 2015.               encountered, may result in a
                                                  206–544–5000, extension 1; fax 206–766–                                                                        catastrophic event. Incursions into the
                                                                                                           ADDRESSES: Documents mentioned in
                                                  5680; Internet https://                                                                                        area by unapproved vessels could
                                                  www.myboeingfleet.com.                                   this preamble are part of docket number
                                                    (4) You may view this referenced service               USCG–2015–0247. To view documents                     degrade the ability to monitor and
                                                  information at the FAA, Transport Airplane               mentioned in this preamble as being                   mitigate such risks. In evaluating this
                                                  Directorate, 1601 Lind Avenue SW., Renton,               available in the docket, go to http://                request, the Coast Guard explored
                                                  WA. For information on the availability of               www.regulations.gov, type the docket                  relevant safety factors and considered
                                                  this material at the FAA, call 425–227–1221.             number in the ‘‘SEARCH’’ box and click                several criteria, including but not
                                                    (5) You may view this service information              ‘‘SEARCH.’’ Click on Open Docket                      limited to: (1) The level of shipping
                                                  that is incorporated by reference at the                 Folder on the line associated with this               activity around the operation; (2) safety
                                                  National Archives and Records                            rulemaking. You may also visit the                    concerns for personnel aboard the
                                                  Administration (NARA). For information on                                                                      vessel; (3) concerns for the environment
                                                                                                           Docket Management Facility in Room
                                                  the availability of this material at NARA, call                                                                given the sensitivity of the
                                                  202–741–6030, or go to: http://                          W12–140 on the ground floor of the
                                                  www.archives.gov/federal-register/cfr/ibr-               Department of Transportation West                     environmental and the importance of
                                                  locations.html.                                          Building, 1200 New Jersey Avenue SE.,                 fishing and hunting to the indigenous
                                                                                                           Washington, DC 20590, between 9 a.m.                  population; (4) the lack of any
                                                    Issued in Renton, Washington, on June 19,                                                                    established shipping fairways, and
                                                  2015.
                                                                                                           and 5 p.m., Monday through Friday,
                                                                                                           except Federal holidays.                              fueling and supply storage/operations
                                                  Michael Kaszycki,                                                                                              which increase the likelihood that an
                                                                                                           FOR FURTHER INFORMATION CONTACT: If
                                                  Acting Manager, Transport Airplane                                                                             allision would result in a catastrophic
                                                  Directorate, Aircraft Certification Service.
                                                                                                           you have questions on this proposed
                                                                                                           rule, call or email LCDR Jason Boyle,                 event; (5) the recent and potential future
                                                  [FR Doc. 2015–15852 Filed 7–13–15; 8:45 am]                                                                    maritime traffic in the vicinity of the
                                                                                                           Seventeenth Coast Guard District (dpi);
                                                  BILLING CODE 4910–13–P
                                                                                                           telephone 907–463–2821, Jason.t.boyle@                proposed areas; (6) the types of vessels
                                                                                                           uscg.mil. If you have questions on                    navigating in the vicinity of the
                                                                                                           viewing or submitting material to the                 proposed area; (7) the structural
                                                  DEPARTMENT OF HOMELAND                                   docket, call Cheryl F. Collins, Program               configuration of the vessel; and (8) the
                                                  SECURITY                                                 Manager, Docket Operations, telephone                 need to allow for lawful demonstrations
                                                                                                           202–366–9826.                                         without endangering the safe operation
                                                  Coast Guard                                                                                                    of the vessel. For any group intending
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 to conduct lawful demonstrations in the
                                                  33 CFR Part 147                                          Table of Acronyms                                     vicinity of the rig, these demonstrations
                                                                                                           DHS Department of Homeland Security                   must be conducted outside the safety
                                                  [Docket No. USCG–2015–0247]
                                                                                                           FR Federal Register                                   zone.
                                                  RIN 1625–AA00                                            NPRM Notice of Proposed Rulemaking                       Results from a thorough and
                                                                                                                                                                 comprehensive examination of the
                                                  Safety Zone; POLAR PIONEER, Outer                        A. Regulatory History and Information                 criteria, IMO guidelines, and existing
                                                  Continental Shelf Drill Unit, Chukchi                       The Coast Guard published an NPRM                  regulations warrant the establishment of
                                                  Sea, Alaska                                              for this safety zone on May 1, 2015 (80               the temporary safety zone. The
                                                                                                           FR 24863). One comment from the                       regulation significantly reduces the
                                                  AGENCY:    Coast Guard, DHS.                             public was received during the 30 day                 threat of allisions that could result in oil
                                                  ACTION:   Temporary final rule.                          comment period. No public meeting on                  spills, and other releases. Furthermore,
                                                                                                           this NPRM was requested, and none was                 the regulation increases the safety of
                                                  SUMMARY:   The Coast Guard is
                                                                                                           held.                                                 life, property, and the environment in
                                                  establishing a safety zone that extends                     Under 5 U.S.C. 553(d)(3), the Coast                the Chukchi Sea by prohibiting entry
                                                  500 meters from the outer edge of the                    Guard finds that good cause exists for                into the zone unless specifically
                                                  DRILL UNIT POLAR PIONEER. This                           making this rule effective less than 30               authorized by the Commander,
                                                  safety zone will be in effect when the                   days after publication in the Federal                 Seventeenth Coast Guard District, or a
                                                  DRILL UNIT POLAR PIONEER is on                           Register. Information regarding the size              designated representative. Due to the
                                                  location in order to drill exploratory                   and location of this safety zone was not              remote location and the need to protect
                                                  wells at various prospects located in the                provided to the Coast Guard in                        the environment, the Coast Guard may
                                                  Chukchi Sea Outer Continental Shelf,                     sufficient detail for the Coast Guard to              use criminal sanctions to enforce the
                                                  Alaska, from 12:01 a.m. on July 1, 2015                  initiate this rulemaking activity at an               safety zone as appropriate.
                                                  through 11:59 p.m. on October 31, 2015.                  earlier date. Delaying the                               The temporary safety zone will be
                                                  The purpose of the temporary safety                      implementation of this safety zone                    around the DRILL UNIT POLAR
                                                  zone is to protect the drillship from                    would increase the possibility of an                  PIONEER while anchored or deploying
                                                  vessels operating outside the normal                     allision in the Chukchi Sea.                          and recovering moorings on location in
                                                  shipping channels and fairways. Placing                                                                        order to drill exploratory wells in
                                                  a safety zone around the drillship will                  B. Basis and Purpose
                                                                                                                                                                 various locations in the Chukchi Sea
                                                  significantly reduce the threat of                         The request for the temporary safety                Outer Continental Shelf, Alaska during
                                                  allisions, which could result in oil spills              zone was made by Shell Exploration &                  the 2015 timeframe.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  and releases of natural gas, and thereby                 Production Company due to safety                         Shell Exploration & Production
                                                  protects the safety of life, property, and               concerns for both the personnel aboard                Company has proposed and received
                                                  the environment. Lawful                                  the DRILL UNIT POLAR PIONEER and                      permits for drill sites within the Burger
                                                  demonstrations may be conducted                          the environment. Shell Exploration &                  prospects, Chukchi Sea, Alaska.
                                                  outside of the safety zone.                              Production Company indicated that it is                  During the 2015 timeframe, Shell
                                                  DATES: This rule is effective without                    highly likely that any allision or                    Exploration & Production Company has
                                                  actual notice from July 14, 2015 until                   inability to identify, monitor or mitigate            proposed drilling exploration wells at
                                                  October 31, 2015. For the purposes of                    any risks or threats, including ice-                  various Chukchi Sea prospects


                                             VerDate Sep<11>2014   22:02 Jul 13, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\14JYR1.SGM   14JYR1


                                                  40904               Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations

                                                  depending on favorable ice conditions,                   C. Discussion of Comments, Changes,                   1. Regulatory Planning and Review
                                                  weather, sea state, and any other                        and the Final Rule                                       This rule is not a significant
                                                  pertinent factors. Each of these drill                                                                         regulatory action under section 3(f) of
                                                  sites will be permitted for drilling in                     One comment was received regarding
                                                                                                           the NPRM. One comment from the                        Executive Order 12866, Regulatory
                                                  2015 to allow for operational flexibility                                                                      Planning and Review, as supplemented
                                                  in the event sea ice conditions prevent                  public was received during the 30 day
                                                                                                                                                                 by Executive Order 13563, Improving
                                                  access to one of the locations. The                      comment period expressing concern
                                                                                                                                                                 Regulation and Regulatory Review, and
                                                  number of actual wells that will be                      that the safety zone was larger than
                                                                                                                                                                 does not require an assessment of
                                                  drilled will depend on ice conditions                    necessary. Citing the need to conduct
                                                                                                                                                                 potential costs and benefits under
                                                  and the length of time available for the                 fishing activities, the comment instead               section 6(a)(3) of Executive Order 12866
                                                  2015 drilling season. The predicted                      suggested the safety zone prohibit                    or Section 1 of Executive Order 13563.
                                                  ‘‘average’’ drilling season, constrained                 getting within 50 meters of vessel, with              The Office of Management and Budget
                                                  by prevailing ice conditions and                         a ‘‘no wake’’ restriction extending 250               has not reviewed it under that Order.
                                                  regulatory restrictions, is long enough                  meters. The Coast Guard disagrees with                   This rule is not a significant
                                                  for two to three typical exploration                     the commenter. We note that the safety                regulatory action due to the location of
                                                  wells to be drilled.                                     zone is established for the protection of             the DRILL UNIT POLAR PIONEER on
                                                     The actual order of drilling activities               vessels entering the zone, not for the                the Outer Continental Shelf and its
                                                  will be controlled by an interplay                       protection of the drilling vessels, and               distance from both land and safety
                                                  between actual ice conditions                            that considering the size of the drilling             fairways. Vessels traversing waters near
                                                  immediately prior to a rig move, ice                     vessel and its operations, 500 meters is              the safety zone will be able to safely
                                                  forecasts, any regulatory restrictions                   a reasonable distance. A ‘‘no-wake’’                  travel around the zone without
                                                  with respect to the dates of allowed                     restriction would not relate to the safety            incurring additional costs.
                                                  operating windows, whether the                           of a vessel getting so close to drilling
                                                                                                           operations. Furthermore, we note that                 2. Small Entities
                                                  planned drilling activity involves only
                                                  drilling the shallow non-objective                       the 500-meter restriction around the                     Under the Regulatory Flexibility Act
                                                  section or penetrating potential                         vessel will not significantly impact                  of 1980 (5 U.S.C. 601–612), the Coast
                                                  hydrocarbon zones, the availability of                   fishing operations, considering the size              Guard has considered whether this rule
                                                  permitted sites having approved                          of the ocean.                                         would have a significant economic
                                                  shallow hazards clearance, the                                                                                 impact on a substantial number of small
                                                                                                              The Coast Guard made one change to
                                                                                                                                                                 entities. The term ‘‘small entities’’
                                                  anticipated duration of each                             the proposed rule. The original
                                                                                                                                                                 comprises small businesses, not-for-
                                                  contemplated drilling activity, the                      proposed rule had called for safety
                                                                                                                                                                 profit organizations that are
                                                  results of preceding wells and Marine                    zones at every point where the vessel’s               independently owned and operated and
                                                  Mammal Monitoring and Mitigation                         mooring spread intersected with the                   are not dominant in their fields, and
                                                  plan requirements.                                       ocean’s surface. After additional                     governmental jurisdictions with
                                                     All planned exploration drilling in                   analysis, the Coast Guard determined                  populations of less than 50,000.
                                                  the identified lease will be conducted                   that the mooring system utilized on this                 The Coast Guard certifies under 5
                                                  with the DRILL UNIT POLAR PIONEER.                       vessel is configured such that its lines              U.S.C. 605(b) that this rule will not have
                                                     The DRILL UNIT POLAR PIONEER                          will not break the ocean’s surface                    a significant economic impact on a
                                                  has a ‘‘persons on board’’ capacity of                   beyond the vessel’s outer edge.                       substantial number of small entities.
                                                  110, and it is expected to be at capacity                Therefore, the Coast Guard deleted                    This rule will affect the following
                                                  for most of its operating period. The                    reference to such additional safety zones             entities, some of which might be small
                                                  DRILL UNIT POLAR PIONEER’s                               and corresponding marking buoys from                  entities: The owners or operators of
                                                  personnel will include its crew, as well                 the final rule.                                       vessels intending to transit or anchor in
                                                  as Shell employees, third party                             The temporary safety zone will                     the Burger Prospects of the Chukchi Sea.
                                                  contractors, Alaska Native Marine                        encompass the area that extends 500                      This safety zone will not have a
                                                  Mammal Observers and possibly Bureau                     meters from the outer edge of the DRILL               significant economic impact or a
                                                  of Safety and Environmental                              UNIT POLAR PIONEER. This safety                       substantial number of small entities for
                                                  Enforcement (BSEE) personnel.                            zone will be in effect both when the                  the following reasons: This rule will
                                                                                                           DRILL UNIT POLAR PIONEER is                           enforce a safety zone around a drilling
                                                     While conducting exploration drilling
                                                                                                           anchored and when deploying and                       unit facility that is in areas of the
                                                  operations, the DRILL UNIT POLAR
                                                                                                           recovering moorings. No vessel would                  Chukchi Sea not frequented by vessel
                                                  PIONEER will be anchored using an
                                                                                                           be allowed to enter or remain in this                 traffic and is not in close proximity to
                                                  anchoring system consisting of an 8-
                                                                                                           proposed safety zone except the                       a safety fairway. Further, vessel traffic
                                                  point anchored mooring spread attached
                                                                                                           following: An attending vessel or a                   can pass safely around the safety zone
                                                  to the onboard turret and could have a
                                                                                                           vessel authorized by the Commander,                   without incurring additional costs.
                                                  maximum anchor radius of 3,600 ft                                                                                 If you think that your business,
                                                  (1,100 m). The center point of the DRILL                 Seventeenth Coast Guard District or a
                                                                                                                                                                 organization, or governmental
                                                  UNIT POLAR PIONEER will be                               designated representative. They may be
                                                                                                                                                                 jurisdiction qualifies as a small entity
                                                  positioned within the prospect location                  contacted on VHF–FM Channel 13 or 16
                                                                                                                                                                 and that this rule would have a
                                                  in the Chukchi Sea.                                      or by telephone at 907–463–2000.
                                                                                                                                                                 significant economic impact on it,
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                                                     The DRILL UNIT POLAR PIONEER                          D. Regulatory Analyses                                please submit a comment (see
                                                  will move into the Chukchi Sea on or                                                                           ADDRESSES) explaining why you think it
                                                  about July 1, 2015 and onto a prospect                     The Coast Guard developed this final                qualifies and how and to what degree
                                                  location when ice allows. Drilling will                  rule after considering numerous statutes              this rule would economically affect it.
                                                  conclude on or before October 31, 2015.                  and executive orders related to
                                                  The drillship and support vessels will                   rulemaking. Below we summarize our                    3. Assistance for Small Entities
                                                  depart the Chukchi Sea at the                            analyses based on 14 of these statutes or                Under section 213(a) of the Small
                                                  conclusion of the 2015 drilling season.                  executive orders.                                     Business Regulatory Enforcement


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                                                                      Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                               40905

                                                  Fairness Act of 1996 (Pub. L. 104–121),                  8. Taking of Private Property                         under ADDRESSES. We seek any
                                                  in the NPRM we offered to assist small                      This rule will not cause a taking of               comments or information that may lead
                                                  entities in understanding the rule so                    private property or otherwise have                    to the discovery of a significant
                                                  that they could better evaluate its effects              taking implications under Executive                   environmental impact from this rule.
                                                  on them and participate in the                           Order 12630, Governmental Actions and                 This rule is categorically excluded from
                                                  rulemaking process.                                      Interference with Constitutionally                    further review under paragraph 34(g) of
                                                    Small businesses may send comments                     Protected Property Rights.                            Figure 2–1 of the Commandant’s
                                                  on the actions of Federal employees                                                                            Instruction.
                                                  who enforce, or otherwise determine                      9. Civil Justice Reform
                                                                                                                                                                 List of Subjects in 33 CFR Part 147
                                                  compliance with, Federal regulations to                     This rule meets applicable standards
                                                  the Small Business and Agriculture                       in sections 3(a) and 3(b)(2) of Executive               Continental shelf, Marine safety,
                                                  Regulatory Enforcement Ombudsman                         Order 12988, Civil Justice Reform, to                 Navigation (water).
                                                  and the Regional Small Business                          minimize litigation, eliminate                          For the reasons discussed in the
                                                  Regulatory Fairness Boards. The                          ambiguity, and reduce burden.                         preamble, the Coast Guard amends 33
                                                  Ombudsman evaluates these actions                                                                              CFR part 147 as follows:
                                                                                                           10. Protection of Children
                                                  annually and rates each agency’s
                                                  responsiveness to small business. If you                    The Coast Guard has analyzed this                  PART 147—SAFETY ZONES
                                                  wish to comment on actions by                            rule under Executive Order 13045,
                                                                                                                                                                 ■ 1. The authority citation for part 147
                                                  employees of the Coast Guard, call 1–                    Protection of Children from
                                                                                                                                                                 continues to read as follows:
                                                  888–REG–FAIR (1–888–734–3247). The                       Environmental Health Risks and Safety
                                                  Coast Guard will not retaliate against                   Risks. This rule is not an economically                 Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
                                                                                                           significant rule and would not create an              Department of Homeland Security Delegation
                                                  small entities that question or complain                                                                       No. 0170.1.
                                                  about this rule or any policy or action                  environmental risk to health or risk to
                                                  of the Coast Guard.                                      safety that might disproportionately                  ■ 2. Add § 147.T17–0247 to read as
                                                                                                           affect children.                                      follows:
                                                  4. Collection of Information
                                                                                                           11. Indian Tribal Governments                         § 147.T17–0247 Safety Zone; DRILL UNIT
                                                    This rule calls for no new collection                                                                        POLAR PIONEER, Outer Continental Shelf
                                                  of information under the Paperwork                          This rule does not have tribal
                                                                                                                                                                 Drillship, Chukchi Sea, Alaska.
                                                  Reduction Act of 1995 (44 U.S.C. 3501–                   implications under Executive Order
                                                                                                           13175, Consultation and Coordination                     (a) Description. The DRILL UNIT
                                                  3520.).                                                                                                        POLAR PIONEER will be engaged in
                                                                                                           with Indian Tribal Governments,
                                                  5. Federalism                                            because it would not have a substantial               exploratory drilling operations at
                                                                                                           direct effect on one or more Indian                   various locations in the Chukchi Sea
                                                     A rule has implications for federalism                                                                      from July 1, 2015 through October 31,
                                                  under Executive Order 13132,                             tribes, on the relationship between the
                                                                                                           Federal Government and Indian tribes,                 2015. The area that extends 500 meters
                                                  Federalism, if it has a substantial direct                                                                     from the outer edge of the DRILL UNIT
                                                  effect on State or local governments and                 or on the distribution of power and
                                                                                                           responsibilities between the Federal                  POLAR PIONEER is a safety zone.
                                                  would either preempt State law or                                                                              Lawful demonstrations may be
                                                  impose a substantial direct cost of                      Government and Indian tribes.
                                                                                                                                                                 conducted outside of the safety zone.
                                                  compliance on them. We have analyzed                     12. Energy Effects                                       (b) Regulation. No vessel may enter or
                                                  this rule under that Order and have                        The Coast Guard analyzed this rule                  remain in this safety zone except the
                                                  determined that it does not have                         under Executive Order 13211, Actions                  following:
                                                  implications for federalism.                             Concerning Regulations That                              (1) An attending vessel; or
                                                                                                                                                                    (2) A vessel authorized by the
                                                  6. Protest Activities                                    Significantly Affect Energy Supply,
                                                                                                                                                                 Commander, Seventeenth Coast Guard
                                                                                                           Distribution, or Use.
                                                    The Coast Guard respects the First                                                                           District, or a designated representative.
                                                  Amendment rights of protesters.                          13. Technical Standards                                 Dated: June 17, 2015.
                                                  Protesters are asked to contact the                        This rule does not use technical                    Daniel B. Abel,
                                                  person listed in the FOR FURTHER                         standards. Therefore, we did not                      Rear Admiral, U.S. Coast Guard, Commander,
                                                  INFORMATION CONTACT section to                           consider the use of voluntary consensus               Seventeenth Coast Guard District.
                                                  coordinate protest activities so that your               standards.                                            [FR Doc. 2015–17129 Filed 7–13–15; 8:45 am]
                                                  message can be received without
                                                  jeopardizing the safety or security of                   14. Environment                                       BILLING CODE 9110–04–P

                                                  people, places or vessels.                                 We have analyzed this rule under
                                                                                                           Department of Homeland Security
                                                  7. Unfunded Mandates Reform Act                                                                                ENVIRONMENTAL PROTECTION
                                                                                                           Management Directive 023–01 and
                                                                                                                                                                 AGENCY
                                                    The Unfunded Mandates Reform Act                       Commandant Instruction M16475.lD,
                                                  of 1995 (2 U.S.C. 1531–1538) requires                    which guide the Coast Guard in                        40 CFR Part 52
                                                  Federal agencies to assess the effects of                complying with the National
                                                  their discretionary regulatory actions. In               Environmental Policy Act of 1969                      [EPA–R09–OAR–2015–0297; FRL–9930–28–
                                                  particular, the Act addresses actions                    (NEPA) (42 U.S.C. 4321–4370f), and                    Region 9
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  that may result in the expenditure by a                  have made a preliminary determination
                                                                                                                                                                 Partial Approval and Partial
                                                  State, local, or tribal government, in the               that this action is one of a category of
                                                                                                                                                                 Disapproval of Air Quality State
                                                  aggregate, or by the private sector of                   actions that do not individually or
                                                                                                                                                                 Implementation Plans; Arizona;
                                                  $100,000,000.00 (adjusted for inflation)                 cumulatively have a significant effect on
                                                                                                                                                                 Infrastructure Requirements for Lead
                                                  or more in any one year. Though this                     the human environment. An
                                                                                                                                                                 and Ozone
                                                  rule would not result in such                            environmental analysis checklist
                                                  expenditure, we do discuss the effects of                supporting this determination is                      AGENCY: Environmental Protection
                                                  this rule elsewhere in this preamble.                    available in the docket where indicated               Agency (EPA).


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Document Created: 2018-02-23 09:19:31
Document Modified: 2018-02-23 09:19:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from July 14, 2015 until October 31, 2015. For the purposes of enforcement, actual notice will be used from July 1, 2015, until July 14, 2015.
ContactIf you have questions on this proposed rule, call or email LCDR Jason Boyle, Seventeenth Coast Guard District (dpi); telephone 907-463-2821, [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 40903 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

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