[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Pages 18404-18407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8207]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket No. USCG-2009-0955]
RIN 1625-AA00
Safety Zone; FRONTIER DISCOVERER, Outer Continental Shelf
Drillship, Chukchi and Beaufort Sea, Alaska
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the DRILLSHIP FRONTIER DISCOVERER, while anchored or deploying and
recovering moorings on location in order to drill exploratory wells at
various prospects located in the Chukchi and Beaufort Sea Outer
Continental Shelf, Alaska, during the 2010 drilling season. The purpose
of the temporary safety zone is to protect the DRILLSHIP from vessels
operating outside normal shipping channels and fairways. Placing a
temporary safety zone around the DRILLSHIP will significantly reduce
the threat of allisions, oil spills, and releases of natural gas, and
thereby protect the safety of life, property, and the environment.
DATES: This rule is effective from 12:01 a.m. on July 1, 2010, to 11:59
p.m. on November 30, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0955 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0955 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
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 rule,
call or e-mail LCDR Ken Phillips, U.S. Coast Guard, District Seventeen,
Office of Prevention; telephone 907-463-2821,
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 6, 2010 we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; FRONTIER DISCOVERER, Outer Continental
Shelf Drillship, Chukchi and Beaufort Sea, Alaska'' in the Federal
Register (75 FR 803). The NPRM included a 30-day comment period. We
received 3 (three) submissions with comments on the proposed rule. No
public meeting was requested, and none was held.
Background and Purpose
The Coast Guard is establishing a temporary safety zone around the
DRILLSHIP FRONTIER DISCOVERER while on location in order to drill
exploratory wells approximately 60 to 124 miles off the northwest coast
in the Chukchi Sea and 13 to 18 miles off the northern coast in the
Beaufort Sea Outer Continental Shelf, Alaska, during the 2010 drilling
season. This rule will be in effective from 12:01 a.m. on July 1,
[[Page 18405]]
2010, to 11:59 p.m. on November 30, 2010.
Shell Exploration & Production Company requested that the Coast
Guard establish a temporary safety zone around the DRILLSHIP FRONTIER
DISCOVERER while on location in order to drill exploratory wells in the
Chukchi and Beaufort Seas, Alaska. The request for the safety zone was
due to safety concerns for both the personnel aboard the DRILLSHIP and
the environment. Shell Exploration & Production Company indicated that
it is highly likely that any allision or inability to identify, monitor
or mitigate ice-related hazards that might be encountered could result
in a catastrophic event. 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 subsistence importance to the indigenous population;
(4) the likeliness that an allision could result in a catastrophic
event based on a lack of established shipping fairways, fueling and
supply storage/operations, and size of the crew; (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; and, (7) the structural configuration of the vessel.
Navigation in the vicinity of the safety zone could consist of large
commercial shipping vessels, fishing vessels, cruise ships, tugs with
tows and the occasional recreational vessel.
After conducting a comprehensive examination of the criteria, IMO
guidelines, and existing regulations, we conclude that the risk of
allision, the potential for loss of life, and damage to the environment
warrants the establishment of this temporary safety zone. This rule
would significantly reduce the threat of allisions, oil spills, and
releases and increase the safety of life, property, and the environment
in the Chukchi and Beaufort Seas by prohibiting entry into the zone
unless specifically authorized by the Commander, Seventeenth Coast
Guard District.
The complete discussion of the background and purpose for this rule
can be found in the preamble to the NPRM (75 FR 803).
Discussion of Comments and Changes
One comment was received that opined on the appropriateness of
allowing any drilling to take place in the Chukchi or Bering Seas.
While it is not within the jurisdiction of the Coast Guard to approve
or authorize Outer Continental Shelf activity, we do have the
responsibility to ensure, to the maximum extent practicable, that any
activity is undertaken with the greatest reduction of risk of
allisions, oil spills, and releases of natural gas, and thereby protect
the safety of life, property, and the environment.
One comment believed that having safety zones around all mobile
drilling vessels is an excellent idea. The Coast Guard issues safety
zones for Outer Continental Shelf activity consistent with the guidance
in 33 CFR 147.10. In each case a safety zone is established only after
evaluating all relevant safety factors and concluding that the
regulation would significantly reduce the threat of an incident.
One comment was received suggesting that the safety zone be issued
for a multi-year period similar to safety zones in the Gulf of Mexico.
The Coast Guard disagrees. While the Coast Guard understands that the
underlying justifications for the safety zone are not likely to change
from year to year, we find that there are several operational and
permitting variables with respect to these activities to support not
continuing the safety zones period beyond the current 2010 drilling
season as originally requested. Many of these variables would be
considered substantive changes. Some of the factors that dictate a
season by season publication of the safety zone include change in the
vessel being utilized for the exploratory wells; changes in the
published prospect/drilling locations and corresponding latitude/
longitude coordinates; significant change in the future Outer
Continental Shelf Lease Exploration Plans approved by Minerals
Management Service; and the limited timeframe each year (approximately
4 to 5 months) associated with actual on-sight activity. The nature of
this activity as noted above is not currently comparative with the
``manned production facility'' operations in the Gulf of Mexico in that
those safety zones are established for year-round operations on
``permanent'' structures that are engaged in the exploration,
exploitation, and production of sub-sea resources. The Coast Guard will
reconsider the temporary nature of these safety zones should the nature
of the operations significantly change from solely exploratory drilling
operations.
One comment requested clarification on the involved parties as the
NPRM did not elaborate on the specific parties under which the
exploratory drilling operations will be undertaken. The Coast Guard
notes for clarification that Shell Exploration & Production Company
made the request for the safety zone on behalf of Shell Offshore Inc.,
operator in the Beaufort Sea and Shell Gulf of Mexico Inc., operator in
the Chukchi Sea.
One comment asked for a clarification with regard to the
probability of a catastrophic event resulting from an incident. The
Coast Guard has amended the ``Background and Purpose'' section of the
Final Rule Federal Register by changing the word ``would'' to ``could''
as it relates to the outcome of an ``allision or inability to identify,
monitor or mitigate ice-related hazards that might be encountered.''
One comment asked for a correction to the Federal Register
regarding the distances from shore for the exploratory wells in the
Chukchi and Beaufort Seas to be consistent with the respective 2010
Outer Continental Shelf Lease Exploration Plans. The Coast Guard has
amended the ``Background and Purpose'' section of the Final Rule
Federal Register by inserting the distances from shore to be consistent
with the 2010 lease exploration plans.
One comment requested that a clarification be made concerning the
drilling of ``shallow holes.'' The Coast Guard understands that all
wells will be drilled to the final depth objective or will not be
commenced in the 2010 drilling season in accordance with the Minerals
Management Service requirements.
One comment requested flexibility with respect to the effective
dates of the temporary safety zone to accommodate completion of non-
drilling activities to include plugging and abandonment operations,
pulling drilling equipment, surveying and restoring the drill sight and
moorings recovery. The Coast Guard understands the nature of the post
drilling activity and agrees that the safety zone effective period
should be extended to provide that needed flexibility until November
30, 2010, but only while the vessel is on location as listed in Table 1
of the rule to cover these activities to ensure the safety of the
personnel aboard the DRILLSHIP and the environment. The Coast Guard has
amended Sec. 147.T17.001(a) to reflect the new effective end date of
November 30, 2010, so long as the vessel is on location.
One comment requested the rule be amended to have the safety zone
in effect once the vessels is ``on location'' while the mooring system
is being deployed or recovered not only when the vessel is anchored.
The Coast Guard agrees. The safety factors that were evaluated in
determining that a safe
[[Page 18406]]
zone was warranted while the vessel was anchored on location are
substantially similar for when the vessel is on location and the
mooring system is in the process of being deployed or recovered. This
determination is consistent with extending the effective end date of
the safety zone to November 30, 2010, to cover the mooring recovery.
The Coast Guard has amended Sec. 147.T17.001(a) to read: ``The area
within 500 meters (1,640.4 feet) from each point on the outer edge of
the vessel while anchored or deploying and recovering moorings on
location is a safety zone.''
One comment recommended the three ``Burger'' prospects in Column 1
of Table 1 in the rule be delineated as Burger ``C'', Burger ``F'', and
Burger ``J'', respectively, to match the lease exploration plan. The
Coast Guard agrees and has amended Table 1 accordingly.
One comment supported the determination to prohibit all vessels,
irrespective of size from the safety zone. The Coast Guard determined
this to be the best course of action given the complexities of this
Arctic operation to include ice management issues, Marine Mammal and
Mitigation plan requirements, and a harsh and dynamic offshore
environment to significantly reduce the threat of allisions, oil
spills, and releases and increase the safety of life, property, and the
environment in the Chukchi and Beaufort Seas, Alaska.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. 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 FRONTIER DISCOVERER in the Chukchi and Beaufort Seas
Outer Continental Shelf, Alaska, and its distance from both land and
safety fairways. Vessels traversing waters near the temporary safety
zone will be able to safely travel around the zone without incurring
additional costs.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the locations where the exploratory
wells will be drilled.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will enforce a temporary safety zone around the
FRONTIER DISCOVERER while on location in order to drill exploratory
wells in the Chukchi and Beaufort Seas. The location of the safety zone
is not frequented by vessel traffic and is not in close proximity to a
safety fairway. Further, vessel traffic can pass safely around the
temporary safety zone without incurring additional costs.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
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.
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
We have 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.
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.
[[Page 18407]]
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph 34(g),
of the Instruction. This rule involves establishing regulations for
safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
0
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.T001 to read as follows:
Sec. 147.T001 DRILLSHIP FRONTIER DISCOVERER Safety Zone.
(a) Description. The FRONTIER DISCOVERER will be engaged in
exploratory drilling operations at various locations in the Chukchi and
Beaufort Sea from July 1, 2010, through November 30, 2010. The
DRILLSHIP will be anchored while conducting exploratory drilling
operations with the center point of the vessel located at the
coordinates listed in Table 1. These coordinates are based upon [NAD
83] UTM Zone 3.
Table 1--Prospect Locations
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Prospect Area Block Lease no. Latitude Longitude
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Burger C........................... Posey................ 6764 OCS-Y-2280 N71[deg]18' 17.2739'' W163[deg]12' 45.9891''
Burger F........................... Posey................ 6714 OCS-Y-2267 N71[deg]20' 13.9640'' W163[deg]12' 21.7460''
Burger J........................... Posey................ 6912 OCS-Y-2321 N71[deg]10' 24.0292'' W163[deg]28' 18.5219''
Crackerjack........................ Karo................. 6864 OCS-Y-2111 N71[deg]13' 58.9211'' W166[deg]14' 10.7889''
SW Shoebill........................ Karo................. 7007 OCS-Y-2142 N71[deg]04' 24.4163'' W167[deg]13' 38.0886''
Sivulliq........................... Flaxman Is........... 6658 OCS-Y 1805 N70[ordm]23' 29.5814'' W145[ordm]58' 52.5284''
Torpedo............................ Flaxman Is........... 6610 OCS-Y-1941 N70[ordm]27' 01.6193'' W145[ordm]49' 32.0650''
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The area within 500 meters (1,640.4 feet) from each point on the
outer edge of the vessel while anchored or deploying and recovering
moorings on location is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(1) An attending vessel;
(2) A vessel authorized by the Commander, Seventeenth Coast Guard
District.
Dated: March 12, 2010.
C.C. Colvin,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2010-8207 Filed 4-9-10; 8:45 am]
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