[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Proposed Rules]
[Pages 25256-25260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10376]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0248]
RIN 1625-AA00


Safety Zone; NOBLE DISCOVERER, Outer Continental Shelf Drillship, 
Chukchi Sea, Alaska

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a safety zone that extends 500 meters 
from the outer edge of the DRILLSHIP NOBLE DISCOVERER, as well as 500 
meters from those points, suitably marked by a buoy, where the 
DRILLSHIP NOBLE DISCOVERER's mooring spread meets the ocean's surface. 
This safety zone would be in effect both when the DRILLSHIP NOBLE 
DISCOVERER 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. This safety zone would be in 
effect when the DRILLSHIP NOBLE DISCOVERER is on

[[Page 25257]]

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. 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 3, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0248 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-2015-0248), 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 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-2015-0248] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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-2015-0248'' 
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.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box, insert USCG-2015-0248 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.

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

    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 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.
    The DRILLSHIP NOBLE DISCOVERER has a ``persons on board''

[[Page 25258]]

capacity of 124, and it is expected to be at capacity for most of its 
operating period. The DRILLSHIP NOBLE DISCOVERER'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 DRILLSHIP 
NOBLE DISCOVERER 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 DRILLSHIP NOBLE DISCOVERER will be positioned 
within the prospect location in the Chukchi Sea.
    The DRILLSHIP NOBLE DISCOVERER 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.
    Shell Exploration & Production Company made a request that the 
Coast Guard establish a safety zone around the DRILLSHIP NOBLE 
DISCOVERER due to safety concerns for both the personnel aboard the 
DRILLSHIP NOBLE DISCOVERER 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 areas near the drilling 
vessels by unapproved vessels could degrade the ability to monitor and 
mitigate such risks.
    In evaluating the request for a safety zone, 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. The proposed 
regulation would significantly reduce the threat of allisions that 
could result in oil spills, and other releases. Furthermore, the 
proposed regulation 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.
    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.

C. Discussion of Proposed Rule

    For the reasons described above, the Coast Guard is proposing to 
establish a temporary safety zone around the DRILLSHIP NOBLE DISCOVERER 
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 from July 1 to October 31, 2015.
    The proposed temporary safety zone would encompass the area that 
extends 500 meters from the outer edge of the DRILLSHIP NOBLE 
DISCOVERER, as well as 500 meters from those points, suitably marked by 
a buoy, where the DRILLSHIP NOBLE DISCOVERER's mooring spread meets the 
ocean's surface. This safety zone will be in effect both when the 
DRILLSHIP NOBLE DISCOVERER 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 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 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This rule is not a significant regulatory action due to the 
location of the DRILLSHIP NOBLE DISCOVERER 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

[[Page 25259]]

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 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.T17-0248 to read as follows:


Sec.  147.T17-0248  Safety Zone; DRILLSHIP NOBLE DISCOVERER, Outer 
Continental Shelf Drillship, Chukchi Sea, Alaska.

    (a)(1) Description. The DRILLSHIP NOBLE DISCOVERER will be engaged 
in exploratory drilling operations at various locations in the Chukchi 
Sea from July 1, 2015 through October 31, 2015. The DRILLSHIP NOBLE 
DISCOVERER will be anchored while conducting exploratory drilling 
operations with the center point of the vessel located at the 
coordinates listed in Table 1.
    (2) Safety Zone. The area that extends 500 meters from the outer 
edge of the DRILLSHIP NOBLE DISCOVERER, as well as 500 meters from 
those points, suitably marked by a buoy, where the DRILLSHIP NOBLE 
DISCOVERER'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.


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    Dated: April 8, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard 
District.
[FR Doc. 2015-10376 Filed 5-1-15; 8:45 am]
 BILLING CODE 9110-04-P