[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Proposed Rules]
[Pages 24863-24866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10259]


=======================================================================
-----------------------------------------------------------------------

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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a safety zone that extends 500 meters 
from the outer edge of the DRILL UNIT POLAR PIONEER, as well as 500 
meters from those points, suitably marked by a buoy, where the DRILL 
UNIT POLAR PIONEER's mooring spread meets the ocean's surface. This 
safety zone would be in effect both when the DRILL UNIT POLAR PIONEER 
is anchored and when deploying and recovering moorings. Placing a 
safety zone around the drilling unit 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: Comments and related material must be received by the Coast 
Guard on or before June 1, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0247 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 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: 

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2015-0247), 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://

[[Page 24864]]

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 email 
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, 
type the docket number USCG-2015-0247 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number USCG-2015-0247 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.

3. 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).

4. Public Meeting

    The Coast Guard does not 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.

B. Basis and Purpose

    The Coast Guard proposes the establishment of a temporary safety 
zone around the DRILL UNIT POLAR PIONEER while anchored or deploying 
and recovering moorings on location in order to drill exploratory wells 
in several prospects located in the Chukchi Sea during the 2015 
drilling season. The purpose of the temporary safety zone is to protect 
the drilling unit from vessels operating outside the normal shipping 
channels and fairways.
    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 
safety zone 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.
    Results from a thorough and comprehensive examination of the 
criteria, IMO guidelines, and existing regulations warrant the 
establishment of the proposed temporary safety zone. A safety zone 
would significantly reduce the threat of allisions that could result in 
oil spills, and other releases. Furthermore, a safety zone would 
increase 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.
    Shell Exploration & Production Company has proposed and received 
permits for drill sites within the Burger prospects, Chukchi Sea, 
Alaska.
    Based on the anticipated drilling operations, we believe a safety 
zone is needed 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.
    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. 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.

[[Page 24865]]

C. Discussion of Proposed Rule

    The proposed temporary safety zone would encompass the area that 
extends 500 meters from the outer edge of the DRILL UNIT POLAR PIONEER, 
as well as 500 meters from those points, suitably marked by a buoy, 
where the DRILL UNIT POLAR PIONEER's mooring spread meets the ocean's 
surface. As a result, the size and shape of the safety zone would vary, 
depending on how far from the vessel the mooring spread is deployed, 
which is expected to be no more than 1,000 meters. This safety zone 
would 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.
    This safety zone will be in effect both when the DRILL UNIT POLAR 
PIONEER is anchored and when deploying and recovering moorings. As a 
result, the size and shape of the safety zone will vary, depending on 
how far from the vessel the mooring spread is deployed, which is 
expected to be no more than 1,000 meters. 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. 
For any group intending to conduct lawful demonstrations in the 
vicinity of the rig, these demonstrations must be conducted outside the 
safety zone.

D. Regulatory Analyses

    The Coast Guard developed this proposed 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 proposed 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.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. 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 proposed 
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 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 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 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 
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 Jason Boyle, Coast Guard 
Seventeenth District, Office of Prevention; telephone 907-463-2821, 
[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.

4. 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.).

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 proposed 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 proposed 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 proposed rule would 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 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.

10. Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order

[[Page 24866]]

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 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 that 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. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandants 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 proposes 
to amend 33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 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 DRILL UNIT POLAR 
PIONEER will be anchored while conducting exploratory drilling 
operations with the center point of the vessel located in various 
locations in the Chukchi Sea. The area that extends 500 meters from the 
outer edge of the DRILL UNIT POLAR PIONEER, as well as 500 meters from 
those points, suitably marked by a buoy, where the DRILL UNIT POLAR 
PIONEER's mooring spread meets the ocean's surface 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: April 8, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard 
District.
[FR Doc. 2015-10259 Filed 4-30-15; 8:45 am]
 BILLING CODE 9110-04-P