Safety Zone; NOBLE DISCOVERER, Outer Continental Shelf Drillship, Chukchi Sea, AK, 47852-47855 [2015-19367]
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47852
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0736]
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway,
Atlantic City, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedules that govern the Route 30
(Absecon Boulevard) Bridge across the
Beach Thorofare, Atlantic Intracoastal
Waterway, mile 67.2, at Atlantic City, NJ
and US40–322 (North Albany Avenue)
Bridge across the Inside Thorofare,
Atlantic Intracoastal Waterway, mile
70.0, at Atlantic City, NJ. This deviation
is necessary to facilitate the 2015
Atlantic City Air Show. This deviation
allows the bridges to remain in the
closed-to-navigation position.
DATES: This deviation is effective from
7:30 a.m. to 10:30 a.m. and 4 p.m. to 8
p.m. on September 2, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0736], is
available at https://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 deviation. 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 temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard; telephone (757)
398–6222, email Hal.R.Pitts@uscg.mil. If
you have questions on viewing the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The New
Jersey Department of Transportation,
who owns and operates the Route 30
(Absecon Boulevard) Bridge and US40–
322 (North Albany Avenue) Bridge, has
requested a temporary deviation from
the current operating regulations set out
in 33 CFR 117.733(e) and (f),
respectively, to facilitate the 2015
Atlantic City Air Show.
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SUMMARY:
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Under the normal operating schedule
for the Route 30 (Absecon Boulevard)
Bridge across the Beach Thorofare,
Atlantic Intracoastal Waterway, mile
67.2, at Atlantic City, NJ in 33 CFR
117.733(e); the bridge need only open
on the hour from 7 a.m. to 11 p.m., from
April 1 through October 31. Under the
normal operating schedule for the
US40–322 (North Albany Avenue)
Bridge across the Inside Thorofare,
Atlantic Intracoastal Waterway, mile
70.0, at Atlantic City, NJ in 33 CFR
117.733(f); the draw shall open on
signal; except that, from June 1 through
September 30 from 9 a.m. to 4 p.m. and
from 6 p.m. to 9 p.m., the draw need
only open on the hour and half hour,
and from 4 p.m. to 6 p.m., the draw
need not open. The vertical clearances
in the closed-to-navigation position of
the Route 30 (Absecon Boulevard)
Bridge and US40–322 (North Albany
Avenue) Bridge are 20 feet and 10 feet,
respectively, above mean high water.
Under this temporary deviation, the
bridges will be closed to navigation
from 7:30 a.m. to 10:30 a.m. and 4 p.m.
to 8 p.m. on September 2, 2015. The
Atlantic Intracoastal Waterway is used
by a variety of vessels including small
commercial fishing vessels, recreational
vessels and tug and barge traffic. The
Coast Guard has carefully coordinated
the restrictions with commercial and
recreational waterway users.
Vessels able to pass through the
bridges in the closed position may do so
at anytime. The bridges will be able to
open for emergencies and there is no
alternate route for vessels unable to pass
through the bridges in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedules for these bridges so that
vessels can arrange their transits to
minimize any impacts caused by this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedules
immediately at the end of the effective
period of this temporary deviation. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: August 5, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–19561 Filed 8–7–15; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
United States Coast Guard
33 CFR Part 147
[Docket No. USCG–2015–0248]
RIN 1625–AA00
Safety Zone; NOBLE DISCOVERER,
Outer Continental Shelf Drillship,
Chukchi Sea, AK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone that extends
500 meters from the outer edge of the
DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when
the DRILLSHIP NOBLE DISCOVERER is
anchored and when deploying and
recovering moorings. This safety zone
will be in effect when the DRILLSHIP
NOBLE DISCOVERER 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.
DATES: This rule is effective without
actual notice from August 10, 2015 until
October 31, 2015. For the purposes of
enforcement, actual notice will be used
from July 1, 2015 to August 10, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket number
USCG–2015–0248. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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, Jason.t.boyle@
uscg.mil. 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:
SUMMARY:
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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 4, 2015 (80
FR 25256). Two comments from the
public were received during the 30 day
comment period. No public meeting 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. Due to ongoing drilling
operations, delaying the implementation
of this safety zone is impracticable and
would increase the possibility of an
allision in the Chukchi Sea.
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B. Basis and Purpose
The Coast Guard is establishing 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 several prospects
located in the Chukchi Sea during the
2015 drilling season.
The request for the temporary safety
zone was made by Shell Exploration &
Production Company due to safety
concerns for both the personnel aboard
the 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 icerelated hazards that might be
encountered, may result in a
catastrophic event. Incursions into the
safety zone by unapproved vessels
could degrade the ability to monitor and
mitigate such risks. In evaluating this
request, the Coast Guard explored
relevant safety factors and considered
several criteria, including but not
limited to: (1) The level of shipping
activity around the operation; (2) safety
concerns for personnel aboard the
vessel; (3) concerns for the environment
given the sensitivity of the
environmental and the importance of
fishing and hunting to the indigenous
population; (4) the lack of any
established shipping fairways, and
fueling and supply storage/operations
which increase the likelihood that an
allision would result in a catastrophic
event; (5) the recent and potential future
maritime traffic in the vicinity of the
proposed areas; (6) the types of vessels
navigating in the vicinity of the
proposed area; (7) the structural
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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 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 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
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
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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 DRILLSHIP NOBLE
DISCOVERER.
The DRILLSHIP NOBLE
DISCOVERER has a ‘‘persons on board’’
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 8point 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.
C. Discussion of Comments, Changes,
and the Final Rule
One comment from the public was
received during the 30 day comment
period expressing concern that the
safety zone was larger than necessary
and that it could unnecessary impede
vessel movement. The comment
proposed a smaller safety zone of 50
meters with a ‘‘no wake’’ restriction
extending 250 meters. The Coast Guard
considered this comment, but has
decided not to adopt the commenter’s
suggestion. Considering the size of the
ocean, we do not believe a 500-meter
safety zone presents an unreasonable
restriction of movement. Furthermore,
considering the size and speed of the
drillship and associated drilling
operations, we believe that a 50-meter
zone would not ensure the safety of
boaters in the area. Finally, we note that
a ‘‘no-wake zone’’ would not have any
effect in protecting boaters from the
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dangerous conditions caused by drilling
operations.
Additionally, one commenter
questioned whether the safety zone
applied when the vessel is moving. It
would apply during that time, for the
safety of other vessels. The commenter
also suggested that the safety zone
should not extend 500 meters past the
mooring. For reasons described below,
we agree with the commenter’s
suggestion in this regard.
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 consideration of
the comments and additional
clarification from Shell Exploration &
Production Company, 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
DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when
the DRILLSHIP NOBLE DISCOVERER 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.
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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 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
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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 rule
would have a significant economic
impact on a substantial number of small
entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit 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 Burger Prospects of the Chukchi Sea.
This safety zone will not have a
significant economic impact or a
substantial number of small entities for
the following reasons: This rule will
enforce a safety zone around a drilling
unit facility that is in areas of the
Chukchi Sea not frequented by vessel
traffic and is not in close proximity to
a safety fairway. Further, vessel traffic
can pass safely around the safety zone
without incurring additional costs.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
affects 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, Jason.t.boyle@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
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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
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environmental risk to health or risk to
safety that might disproportionately
affect children.
2. Add § 147.T17–0248 to read as
follows:
■
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.
§ 147.T17–0248 Safety Zone; DRILLSHIP
NOBLE DISCOVERER, Outer Continental
Shelf Drillship, Chukchi Sea, Alaska.
(a) 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 area that extends 500 meters
from the outer edge of the DRILLSHIP
NOBLE DISCOVERER 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.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Dated: June 17, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
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. 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 rule.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant’s
Instruction.
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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.
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47855
‘‘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.
If
you have questions on this rule, call or
email LTJG Amanda Garcia, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone
716–843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0715]
RIN 1625–AA00
Safety Zone; Waddington Homecoming
Fireworks, St. Lawrence River, Ogden
Island, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the St. Lawrence River, Ogden Island,
NY. This safety zone is intended to
restrict vessels from a portion of the St.
Lawrence River during the Waddington
Homecoming fireworks display. This
temporary safety zone is necessary to
protect mariners and vessels from the
navigational hazards associated with a
fireworks display.
DATES: This rule will be effective and
enforced from 8:45 p.m. until 10:15 p.m.
on August 8, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0715]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
SUMMARY:
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The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with a maritime
fireworks display. Therefore, under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
temporary rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
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]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47852-47855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19367]
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DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
33 CFR Part 147
[Docket No. USCG-2015-0248]
RIN 1625-AA00
Safety Zone; NOBLE DISCOVERER, Outer Continental Shelf Drillship,
Chukchi Sea, AK
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 DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when the DRILLSHIP NOBLE DISCOVERER
is anchored and when deploying and recovering moorings. This safety
zone will be in effect when the DRILLSHIP NOBLE DISCOVERER 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.
DATES: This rule is effective without actual notice from August 10,
2015 until October 31, 2015. For the purposes of enforcement, actual
notice will be used from July 1, 2015 to August 10, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
number USCG-2015-0248. To view documents mentioned in this preamble as
being available in the docket, go to https://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, Jason.t.boyle@uscg.mil. 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:
[[Page 47853]]
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 4,
2015 (80 FR 25256). Two comments from the public were received during
the 30 day comment period. No public meeting 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. Due to ongoing drilling
operations, delaying the implementation of this safety zone is
impracticable and would increase the possibility of an allision in the
Chukchi Sea.
B. Basis and Purpose
The Coast Guard is establishing 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 several
prospects located in the Chukchi Sea during the 2015 drilling season.
The request for the temporary safety zone was made by Shell
Exploration & Production Company due to safety concerns for both the
personnel aboard the 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
safety zone by unapproved vessels could degrade the ability to monitor
and mitigate such risks. In evaluating this request, the Coast Guard
explored relevant safety factors and considered several criteria,
including but not limited to: (1) The level of shipping activity around
the operation; (2) safety concerns for personnel aboard the vessel; (3)
concerns for the environment given the sensitivity of the environmental
and the importance of fishing and hunting to the indigenous population;
(4) the lack of any established shipping fairways, and fueling and
supply storage/operations which increase the likelihood that an
allision would result in a catastrophic event; (5) the recent and
potential future maritime traffic in the vicinity of the proposed
areas; (6) the types of vessels navigating in the vicinity of the
proposed area; (7) the structural configuration of the vessel, and (8)
the need to allow for lawful demonstrations without endangering the
safe operation of the vessel. 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 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 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 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 DRILLSHIP NOBLE DISCOVERER.
The DRILLSHIP NOBLE DISCOVERER has a ``persons on board'' 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.
C. Discussion of Comments, Changes, and the Final Rule
One comment from the public was received during the 30 day comment
period expressing concern that the safety zone was larger than
necessary and that it could unnecessary impede vessel movement. The
comment proposed a smaller safety zone of 50 meters with a ``no wake''
restriction extending 250 meters. The Coast Guard considered this
comment, but has decided not to adopt the commenter's suggestion.
Considering the size of the ocean, we do not believe a 500-meter safety
zone presents an unreasonable restriction of movement. Furthermore,
considering the size and speed of the drillship and associated drilling
operations, we believe that a 50-meter zone would not ensure the safety
of boaters in the area. Finally, we note that a ``no-wake zone'' would
not have any effect in protecting boaters from the
[[Page 47854]]
dangerous conditions caused by drilling operations.
Additionally, one commenter questioned whether the safety zone
applied when the vessel is moving. It would apply during that time, for
the safety of other vessels. The commenter also suggested that the
safety zone should not extend 500 meters past the mooring. For reasons
described below, we agree with the commenter's suggestion in this
regard.
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
consideration of the comments and additional clarification from Shell
Exploration & Production Company, 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 DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when the DRILLSHIP NOBLE DISCOVERER
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 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
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 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 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 Burger Prospects of the Chukchi
Sea.
This safety zone will not have a significant economic impact or a
substantial number of small entities for the following reasons: This
rule will enforce a safety zone around a drilling unit facility that is
in areas of the Chukchi Sea not frequented by vessel traffic and is not
in close proximity to a safety fairway. Further, vessel traffic can
pass safely around the safety zone without incurring additional costs.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects 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,
Jason.t.boyle@uscg.mil. 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
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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. 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 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.T17-0248 to read as follows:
Sec. 147.T17-0248 Safety Zone; DRILLSHIP NOBLE DISCOVERER, Outer
Continental Shelf Drillship, Chukchi Sea, Alaska.
(a) 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 area that extends 500
meters from the outer edge of the DRILLSHIP NOBLE DISCOVERER 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. 2015-19367 Filed 8-7-15; 8:45 am]
BILLING CODE 9110-04-P
