Federal Register - January 19, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
additional oil and gas platforms within the existing or expanded sanctuary boundaries, thus, the requested analysis is not necessary. NOAA did, however, consider inclusion of certain oil and gas platforms as part of the alternatives considered in the NEPA analysis for this action. See Alternatives 4 and 5 of this FEIS. Please also refer to FEIS Chapter 5, Section 5.3.9.5 for analysis of impacts to offshore energy resources. Finally, NOAA intends to continue analyzing the advantages and disadvantages of oil and gas structure inclusion within FGBNMS as part of its ongoing management plan review process.
45. Comment: NOAA received a comment that requested an economic analysis of: 1 Impacts to oil and gas resources due to directional drilling; 2
affected lease blocks; and 3 a comparison in area between NAZs and proposed sanctuary expansion areas.
There was also a request to identify any future management actions/mitigations which may affect oil and gas activities.
Response: BOEM analyzed potential impacts to oil and gas resources pursuant to E.O. 13795, and these results are available on the sanctuary website.11 BOEM determined that expanding the sanctuary would not have significant economic impacts on the oil and gas industry, and NOAA
accepted BOEMs findings. NOAA will continue to coordinate with BOEM to co-manage these resources and mitigate any impacts to oil and gas activities, including the 11 active Outer Continental Shelf OCS oil and gas leases that will lie wholly or partially within the boundaries of the expanded FGBNMS. For new leases, approvals or permits, licenses, or other authorizations in existence prior to the date in which the FGBNMS expansion is finalized, lessees or operators will be required to obtain from NOAA a certification to authorize the oil and gas activities within the FGBNMS. The certification will require compliance with the FGBNMFS regulations, as well as the permits or plan approvals issued by BOEM and/or BSEE, and the topographic features stipulation as applicable in the lease.
Refer to FEIS Section 5.3.9.5 for additional analysis of the impacts to oil and gas activities.
46. Comment: NOAA received a comment to incorporate BOEM lease sales and stipulations into BOEMs Record of Decision and Final Notice of Sale.
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Response: As a non-voting member on the Sanctuary Advisory Council, and a cooperating agency in the preparation of the 2016 DEIS, BOEM has incorporated lease sales and stipulations into BOEMs Record of Decision and Final Notice.
FEIS Chapter 5, Section 5.3.9.5 shows that there were 13 active lease blocks, as reported by BOEM in their 2019 report.
However, since publication of that report, two leases were relinquished.
There are currently 11 active leases in the expansion area, averaging approximately 17% of the lease blocks falling within the Final Preferred Alternative boundaries. Lease sales issued between 1996 and 2001 provided Information for Lessees indicating Minimizing Oil and Gas Structures near Flower Garden Banks. Lease sales issued between 2002 through 2014 did not specifically mention FGBNMS, but the lease sales do refer to the Notice to Lessees outlining the topographic and live bottom stipulations. The sanctuary regulations track the operational requirements established by BOEM in those stipulations. Lease sales issued between 2015 to the present provide notice to prospective leaseholders of the proposed expansion. More information regarding BOEM lease sales may be found on BOEMs website.12
47. Comment: NOAA received a comment that requested the agency develop an appropriate regulatory firewall that will set a precedent for other sanctuaries to protect those areas from offshore drilling practices.
Response: NOAA believes this request is beyond the scope of this action but will continue to work toward balancing multiple user interests with the NMSAs primary goal of resource protection.
48. Comment: NOAA received comments related to environmental impacts of the oil and gas industry. Of these, nearly half requested the sanctuary update the regulations to prohibit oil and gas development and to ensure management protects against damages from this industry. Concerns raised included: 1 Oil spills and leaks;
2 extraction practices; 3 encroaching drilling and exploration; and 4 the vulnerability of biological resources to oil and gas activities. Comments also requested that NOAA prohibit fracking and analyze the potential for fracking fluids and directional hydraulic fracturing to impact the area in and near the sanctuary. A few comments related specifically to methane hydrate extraction.
Response: NOAA determined the Final Preferred Alternative balances 12 https www.boem.gov/oil-gas-energy/leasesale-information.
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protecting vulnerable habitats with multiple uses of the region. See FEIS
Chapter 3, Section 3.2 for more details regarding the Final Preferred Alternative. NOAA intends to extend the current FGBNMS regulations to the new expansion areas. Please refer to FEIS Table 1.1 in Chapter 1, Section 1.4
for a list of current sanctuary regulations and management efforts from impacts of oil and gas activities. Additionally, sanctuary regulations prohibit discharge of any kind from oil and gas activities that may be harmful to the benthic environment.
BOEM assessed the potential for offshore energy resources including oil and gas and methane hydrate resources in the proposed expansion areas. BOEM
determined that due to the shallowwater depth of the proposed expansion areas, the formation of methane hydrate in the subsurface is unlikely. BOEMs E.O. 13795 report is available on the sanctuary website.13
The FEIS describes damages related to oil and gas activities observed at banks proposed in the expansion, as well as potential impacts that could be sustained to these resources. Please review Chapter 4, Section 4.4.3 of the FEIS for additional information.
Furthermore, in 2016, the NOAA
Office of Response and Restoration Gulf of Mexico Disaster Response Center convened with the Department of Interior and a variety of environmental, regulatory, and resource protection agencies to develop a document outlining Oil Spill Response Options for FGBNMS. This document may be found at the University of New Hampshire, Coastal Response Research Center and the Center for Spills and Environmental Hazards website.14
49. Comment: NOAA received comments related to the prohibition of oil and gas development. Specifically, NOAA was requested to prohibit: 1
New oil and gas directional drilling, infrastructure, and transport; 2 oil and gas leasing within new boundary areas;
and 3 directional drilling under new boundary areas.
Response: With this action, NOAA
intends to extend existing sanctuary prohibitions, which allow and regulate oil and gas exploration and development to the expansion areas.
Directional drilling permits for oil and gas will continue to be considered for surface operations in the expansion 13 https
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14 https crrc.unh.edu/sites/crrc.unh.edu/files/
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report.pdf.
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