[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40903-40905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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