Safety Zone; FRONTIER DISCOVERER, Outer Continental Shelf Drillship, Chukchi and Beaufort Sea, Alaska, 18404-18407 [2010-8207]
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
SUMMARY: The Occupational Safety and
Health Review Commission (OSHRC) is
correcting an erroneous instruction,
appearing in the Federal Register of
December 7, 2009 (74 FR 63985), that
could not be carried out. The document
made various corrections and technical
amendments to its rules and regulations
set forth in parts 2200, 2203, and 2204.
This correction removes the erroneous
instruction and discussion of it in the
preamble.
DATES: Effective on April 12, 2010.
FOR FURTHER INFORMATION CONTACT: Ron
Bailey, Attorney-Advisor, Office of the
General Counsel, by telephone at (202)
606–5410, by e-mail at
rbailey@oshrc.gov, or by mail at: 1120–
20th Street, NW., Ninth Floor,
Washington, DC 20036–3457.
SUPPLEMENTARY INFORMATION: OSHRC
published a document in the Federal
Register on December 7, 2009 setting
forth an amendatory instruction that
was impossible to carry out.
Specifically, with respect to 29 CFR
2200.209, OSHRC directed that a
hyphen be placed between the number
‘‘20’’ and the word ‘‘day,’’ so that the
relevant portion of the provision would
read ‘‘20-day period.’’ But in a prior
rules revision, dated September 29,
2008 (73 FR 56491), the phrase ‘‘20 day
period’’ had been changed to ‘‘11-day
period.’’ OSHRC intends for § 2200.209
to continue to read ‘‘11-day period.’’
■ In FR Doc. E9–28845 appearing on
page 63985 in the Federal Register of
Monday, December 7, 2009, the
following corrections are made:
■ 1. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Second’’ and add in its place
the word ‘‘First’’ in the third sentence.
■ 2. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Third’’ and add in its place
the word ‘‘Second’’ in the fourth
sentence.
■ 3. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Fourth’’ and add in its place
the word ‘‘Third’’ in the fifth sentence.
■ 4. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Fifth’’ and add in its place the
word ‘‘Fourth’’ in the sixth sentence.
■ 5. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Sixth’’ and add in its place the
word ‘‘Fifth’’ in the seventh sentence.
■ 6. On page 63985, in the right column,
in the second paragraph of
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SUPPLEMENTARY INFORMATION,
remove
the word ‘‘Seventh’’ and add in its place
the word ‘‘Sixth’’ in the ninth sentence.
■ 7. On page 63985, in the right column,
in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Eighth’’ and add in its place
the word ‘‘Seventh’’ in the thirteenth
sentence.
■ 8. On page 63985, in the right column,
in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the word ‘‘Ninth’’ and add in its place
the word ‘‘Eighth’’ in the fifteenth
sentence.
■ 9. On page 63985, in the center
column, in the second paragraph of
SUPPLEMENTARY INFORMATION, remove
the second sentence, which reads,
‘‘First, in § 2200.209(g), the phrase ‘the
21 day period’ is amended to include a
hyphen between ‘21’ and ‘day.’ ’’
§ 2200.209
[Corrected]
10. On page 63988, in the left column,
remove instruction 28.b, which reads,
‘‘b. Adding a hyphen between the
numeral ‘21’ and the word ‘day’ in the
last sentence of paragraph (g).’’
■
Signed at Washington, DC, on the 29th day
of March, 2010.
Thomasina V. Rogers,
Chairman.
Horace A. Thompson III,
Commissioner.
Cynthia L. Attwood,
Commissioner.
[FR Doc. 2010–7949 Filed 4–9–10; 8:45 am]
BILLING CODE 7600–01–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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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 https://
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,
Kennneth.G.Phillips@uscg.mil. 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 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
SUMMARY:
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.
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,
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
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
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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 onsight 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
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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 § 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
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
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
§ 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.
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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.
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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
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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.
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
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).
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
■
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 § 147.T001 to read as follows:
§ 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
Prospect
Area
Burger C ....................................
Burger F ....................................
Burger J .....................................
Crackerjack ...............................
SW Shoebill ...............................
Sivulliq .......................................
Torpedo .....................................
Posey ........................................
Posey ........................................
Posey ........................................
Karo ...........................................
Karo ...........................................
Flaxman Is ................................
Flaxman Is ................................
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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]
BILLING CODE 9110–04–P
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Block
Lease no.
6764
6714
6912
6864
7007
6658
6610
OCS–Y–2280
OCS–Y–2267
OCS–Y–2321
OCS–Y–2111
OCS–Y–2142
OCS–Y 1805
OCS–Y–1941
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2009–OII–0012]
RIN 1855–AA06
Investing in Innovation Fund
Catalog of Federal Domestic Assistance
(CFDA) Numbers: 84.396A (Scale-up grants),
84.396B (Validation grants), and 84.396C
(Development grants).
AGENCY: Office of Innovation and
Improvement, Department of Education.
ACTION: Final priorities, requirements,
definitions, and selection criteria;
correction.
SUMMARY: On March 12, 2010, the
Department of Education published in
the Federal Register (75 FR 12004) a
document announcing final priorities,
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Latitude
N71°18′ 17.2739″
N71°20′ 13.9640″
N71°10′ 24.0292″
N71°13′ 58.9211″
N71°04′ 24.4163″
N70ß23′ 29.5814″
N70ß27′ 01.6193″
Longitude
W163°12′ 45.9891″
W163°12′ 21.7460″
W163°28′ 18.5219″
W166°14′ 10.7889″
W167°13′ 38.0886″
W145ß58′ 52.5284″
W145ß49′ 32.0650″
requirements, definitions, and selection
criteria (Final Rule) for the Investing in
Innovation Fund. This document makes
a correction to the March 12 Final Rule.
FOR FURTHER INFORMATION CONTACT:
Margo Anderson. Telephone: (202) 453–
7122; or by e-mail: i3@ed.gov; or by
mail: (Attention: Investing in
Innovation), U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 4W302, Washington, DC 20202.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to the contact listed in this
section.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Pages 18404-18407]
From the Federal Register Online via the Government Printing 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
https://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,
Kennneth.G.Phillips@uscg.mil. 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''
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
