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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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focus of our oil spill analysis was on large oil spills greater than 1,000 barrels.
Spills less than 1,000 barrels are unlikely to cause the widespread impacts discussed in the oil spill analysis. Industry is required to notify multiple agencies, including the Service, of all spills on the North Slope and coordinates spill response accordingly. Lastly, as explained in the ITR, no major offshore oil spills have occurred in the Alaska Beaufort Sea.
Although numerous small onshore spills have occurred on the North Slope, to date, there have been no documented effects to polar bears.
Comment 190: One commenter suggested that the Service should clarify the requirement for Industry entities to submit a Plan of Cooperation.
Response: We agree. The Service included this information in the Description of Letters of Authorization section of the proposed and this final rule.
Comment 191: One commenter suggested that the Service should request Industry entities to engage in outreach with subsistence communities, including communities in the Bering Strait and Chukchi Sea, to ensure Industry vessel activity does not interfere with subsistence activities.
Response: While the Service has included vessel traffic restrictions in the ITR as a precautionary measure, AOGA
has not requested take authorizations for vessel activity through the Bering Strait and Chukchi Sea; therefore, no take has been estimated or authorized for these activities.
Comment 192: One commenter suggested that the Service should suspend the proposed rulemaking and request AOGA to submit a revised request that addresses shortcomings before moving forward with this action.
Response: Thank you for the recommendation, but the Service already determined AOGAs revised request to be adequate and complete and finds no basis for requiring further revisions.
Comment 193: One commenter suggested that the Service should be more collaborative with NMFS in order to develop, review, and implement acoustic and behavior thresholds for marine mammal species.
Response: Comment noted.
Required Determinations Treaty Obligations This ITR is consistent with the 1973
Agreement on the Conservation of Polar Bears, a multilateral treaty executed in Oslo, Norway, among the Governments of Canada, Denmark, Norway, the Soviet
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Union, and the United States. Article II
of this Polar Bear Agreement lists three obligations of the Parties in protecting polar bear habitat. Parties are obliged to:
1 Take appropriate action to protect the ecosystem of which polar bears are a part; 2 give special attention to habitat components such as denning and feeding sites and migration patterns; and 3 manage polar bear subpopulations in accordance with sound conservation practices based on the best available scientific data.
This rule will further consistency with the Services treaty obligations through incorporation of mitigation measures that ensure the protection of polar bear habitat. Any LOAs issued pursuant to this rule would adhere to the requirements of the rule and would be conditioned upon including area or seasonal timing limitations or prohibitions, such as placing 1.6-km 1mi avoidance buffers around known or observed dens which halts or limits activity until the bear naturally leaves the den and monitoring the effects of the activities on polar bears. Available denning habitat maps are provided by the USGS.
National Environmental Policy Act NEPA
Per the National Environmental Policy Act NEPA; 42 U.S.C. 4321, et seq., the Service must evaluate the effects of the proposed action on the human environment. We have prepared an environmental assessment EA in conjunction with this rulemaking and have concluded that the issuance of an ITR for the nonlethal, incidental, unintentional take by harassment of small numbers of polar bears and Pacific walruses in Alaska during activities conducted by the applicant is not a major Federal action significantly affecting the quality of the human environment. A copy of the EA and the Services FONSI can be obtained from the locations described in ADDRESSES.
Endangered Species Act Under the ESA, all Federal agencies are required to ensure the actions they authorize are not likely to jeopardize the continued existence of any threatened or endangered species or result in destruction or adverse modification of critical habitat. In 2008, the Service listed the polar bear as a threatened species under the ESA 73 FR 28212, May 15, 2008 and later designated critical habitat for polar bear subpopulations in the United States, effective January 6, 2011 75 FR 76086, December 7, 2010. Consistent with these statutory requirements, prior to issuance of this final ITR, we completed
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intra-Service section 7 consultation regarding the effects of these regulations on polar bears with the Services Fairbanks Ecological Services Field Office. The Service has found the issuance of the ITR will not jeopardize the continued existence of polar bears or adversely modify their designated critical habitat, nor will it affect other listed species or designated critical habitat. The evaluations and findings that resulted from this consultation are available on the Services website and at https www.regulations.gov.
Regulatory Planning and Review Executive Order 12866 provides that the Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget OMB will review all significant rules for a determination of significance. OMB has designated this rule as not significant.
Executive Order 13563 reaffirms the principles of Executive Order 12866
while calling for improvements in the nations regulatory system to promote predictability, reduce uncertainty, and use the best, most innovative, and least burdensome tools for achieving regulatory ends. The Executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives.
Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.
OIRA bases its determination of significance upon the following four criteria: a Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government; b whether the rule will create inconsistencies with other Federal agencies actions; c whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients; d whether the rule raises novel legal or policy issues.
Expenses will be related to, but not necessarily limited to: The development of requests for LOAs; monitoring, recordkeeping, and reporting activities conducted during Industry oil and gas operations; development of polar bear interaction plans; and coordination with Alaska Natives to minimize effects of operations on subsistence hunting.

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