[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Proposed Rules]
[Pages 803-807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31351]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary safety zone around the 
DRILLSHIP FRONTIER DISCOVERER, while anchored on location in order to 
drill exploratory wells at various prospects located in the Chukchi and 
Beaufort Sea Outer Continental Shelf, Alaska, from 12:01 a.m. on July 
1, 2010 through 11:59 p.m. on October 31, 2010. 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: Comments and related material must be received by the Coast 
Guard on or before February 5, 2010.

[[Page 804]]


ADDRESSES: You may submit comments identified by docket number USCG-
2009-0955 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail LCDR Ken Phillips, District Seventeen, Office of 
Prevention, Coast Guard; telephone 907-463-2821, e-mail 
[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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0955), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0955'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box, insert USCG-2009-0955 and click 
``Search.'' Click the ``open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Coast Guard proposes the establishment of a temporary safety 
zone around the DRILLSHIP FRONTIER DISCOVERER while anchored on 
location in order to drill exploratory wells in several prospects 
located in the Chukchi and Beaufort Seas during the 2010 drilling 
season.
    The request for the temporary safety zone was made by Shell 
Exploration & Production Company due to safety concerns for both the 
personnel aboard the FRONTIER DISCOVERER 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 would 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 would 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.
    Results from a thorough and comprehensive examination of the 
criteria, IMO guidelines, and existing regulations warrant the 
establishment of the proposed temporary safety zone. The proposed 
regulation would reduce significantly 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.

[[Page 805]]

    The proposed temporary safety zone will be around the FRONTIER 
DISCOVERER while anchored on location in order to drill exploratory 
wells approximately 52 to 108 nautical miles off the northwest coast in 
the Chukchi Sea and 11 to 16 nautical miles off the northern coast in 
the Beaufort Sea Outer Continental Shelf, Alaska.
    Shell Exploration & Production Company has five proposed drill 
sites within the Burger, Crackerjack, and SW Shoebill prospects, 
Chukchi Sea, Alaska. Additionally Shell Exploration & Production 
Company has two proposed drill sites within the Suvulliq and Torpedo 
prospects, Camden Bay, Beaufort Sea, Alaska (See Table 1).

                                                               Table 1--Prospect Locations
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            Prospect                    Area           Block              Lease No.                     Latitude                      Longitude
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Burger.........................  Posey.............       6764  OCS-Y-2280..................  N71[deg]18'17.2739''          W163[deg]12'45.9891''
Burger.........................  Posey.............       6714  OCS-Y-2267..................  N71[deg]20'13.9640''          W163[deg]12'21.7460''
Burger.........................  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[deg]23'29.5814''          W145[deg]58'52.5284''
Torpedo........................  Flaxman Is........       6610  OCS-Y-1941..................  N70[deg]27'01.6193''          W145[deg]49'32.0650''
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    During the 2010 timeframe, Shell Exploration & Production Company 
may drill up to three exploration wells at the five identified Chukchi 
Sea prospects and two exploration wells at the identified Camden Bay, 
Beaufort Sea prospects depending on favorable ice conditions, weather, 
sea state, and any other pertinent factors. Each of these drill sites 
will be permitted for drilling in 2010 to allow for operational 
flexibility in the event sea ice conditions prevent access to one or 
more locations. The number of actual wells that will be drilled will 
depend on ice conditions and the length of time available for the 2010 
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 blocks 
will be conducted with the FRONTIER DISCOVERER. The FRONTIER DISCOVERER 
is a true drillship, and is a largely self-contained drilling vessel 
that offers full accommodations for up to 124 persons. The hull has 
been reinforced for ice resistance.
    The FRONTIER DISCOVERER has a ``persons on board'' capacity of 124, 
and it is expected to be at capacity for most of its operating period. 
The FRONTIER DISCOVERER's personnel will include its crew, as well as 
Shell employees, third party contractors, Alaska Native Marine Mammal 
Observers and possibly Minerals Management Service (MMS) personnel.
    While conducting exploration drilling operation the FRONTIER 
DISCOVERER will be anchored. The anchoring system utilized will consist 
of an 8-point anchored mooring spread attached to the turret of the 
FRONTIER DISCOVERER and could have a maximum anchor radius of 3,600 ft 
(1,100 m). The anchor spread, which radiates from the center of the 
FRONTIER DISCOVERER, may pose a fouling hazard from any vessel 
attempting to anchor within the anchor spread. Fouling of the FRONTIER 
DISCOVERER anchor lines may endanger the DRILLSHIP, its 124 onboard and 
the third party vessel.
    The center point of the FRONTIER DISCOVERER will be positioned 
within one of the seven prospect locations in the Chukchi or Beaufort 
Sea at the coordinates listed (See Table 1).
    The FRONTIER DISCOVERER will move into the Chukchi or Beaufort Sea 
on or about July 1, 2010 and onto a prospect location when ice allows. 
Drilling will be curtailed on or before October 31, 2010. The DRILLSHIP 
and support vessels will exit the Chukchi and Beaufort Sea at the 
conclusion of the 2010 drilling season.

Discussion of Proposed Rule

    The proposed temporary safety zone would encompass the area within 
500 meters (1,640.4 feet) from each point on the outer edge of the 
FRONTIER DISCOVERER while anchored on location in order to drill 
exploratory wells. 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.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 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 proposed 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

[[Page 806]]

governmental jurisdictions with populations of less than 50,000.
    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. This proposed 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 (See Table 1).
    This 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 anchored and on location in order to drill exploratory 
wells in the Chukchi and Beaufort Seas is 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Ken Phillips, District 
Seventeen, Office of Prevention, Coast Guard; telephone 907-463-2821, 
e-mail [email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed rule would not effect 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 proposed 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 proposed 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 proposed 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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
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 proposed rule.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

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

[[Page 807]]

PART 147--SAFETY ZONES

    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.

    2. Add Sec.  147.T17-001 to read as follows:


Sec.  147.T17.001  Safety Zone; FRONTIER DISCOVERER, Outer Continental 
Shelf Drillship, Chukchi and Beaufort Sea, Alaska.

    (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 October 31, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Prospect                    Area           Block              Lease No.                     Latitude                      Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Burger.........................  Posey.............       6764  OCS-Y-2280..................  N71[deg]18'17.2739''          W163[deg]12'45.9891''
Burger.........................  Posey.............       6714  OCS-Y-2267..................  N71[deg]20'13.9640''          W163[deg]12'21.7460''
Burger.........................  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[deg]23'29.5814''          W145[deg]58'52.5284''
Torpedo........................  Flaxman Is........       6610  OCS-Y-1941..................  N70[deg]27'01.6193''          W145[deg]49'32.0650''
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The area within 500 meters (1,640.4 feet) from each point on the 
outer edge of the vessel while anchored 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; or
    (2) A vessel authorized by the Commander, Seventeenth Coast Guard 
District.

    Dated: December 17, 2009.
C.C. Colvin,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard 
District.
[FR Doc. E9-31351 Filed 1-5-10; 8:45 am]
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