80 FR 34113 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Update of Incorporated Cranes Standard
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement Federal Register Volume 80, Issue 114 (June 15, 2015)
Bureau of Safety and Environmental Enforcement
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34113-34119 | |
| FR Document | 2015-14640 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Proposed Rules] [Pages 34113-34119] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14640] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE-2014-0002; 14XE1700DX EX1SF0000.DAQ000 EEEE50000] RIN 1014-AA13 Oil and Gas and Sulphur Operations in the Outer Continental Shelf--Update of Incorporated Cranes Standard AGENCY: Bureau of Safety and Environmental Enforcement (BSEE), Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: BSEE proposes to incorporate by reference the Seventh Edition of the American Petroleum Institute (API) Specification 2C (Spec. 2C), ``Offshore Pedestal-mounted Cranes'' (2012), into its regulations. The Seventh Edition of API Spec. 2C revised many aspects of the standard for design and construction of cranes manufactured since the Seventh Edition took effect in October 2012. The intent of proposing to incorporate this revised standard into BSEE regulations is to improve the safety of cranes mounted on fixed platforms that are installed on the Outer Continental Shelf (OCS). This proposed rule would require that all cranes that lessees or operators mount on any fixed platforms after the effective date of the final rule comply with the Seventh Edition of API Spec. 2C. DATES: Submit comments by July 15, 2015. BSEE may not fully consider comments received after this date. ADDRESSES: You may submit comments on the proposed rulemaking by any of the following methods. Please use the Regulation Identifier Number (RIN) 1014-AA13 as an identifier in your comments. BSEE may post all submitted comments, in their entirety, at: www.regulations.gov. See Public Participation and Availability of Comments. 1. Federal eRulemaking Portal: www.regulations.gov. In the search box, enter ``BSEE-2014-0002,'' then click search. Follow the instructions to submit public comments and view supporting and related materials available for this rulemaking. 2. Mail or hand-carry comments to the Department of the Interior (DOI); Bureau of Safety and Environmental Enforcement; ATTN: Regulations and Standards Branch; 45600 Woodland Road, Mail Code VAE- ORP; Sterling, Virginia 20166. Please reference ``Oil and Gas and Sulphur Operations in the Outer Continental Shelf--Update of Cranes Standard, 1014-AA13,'' in your comments and include your name and return address. FOR FURTHER INFORMATION CONTACT: Kelly Odom, BSEE, Regulations and Standards Branch, 703-787-1775, email address: [email protected]. SUPPLEMENTARY INFORMATION: Executive Summary As required by law, BSEE regulates oil and gas exploration, development and production operations on the OCS. Among other purposes, BSEE's regulations seek to prevent injury, loss of life, as well as damage to property, natural resources, and the environment. BSEE incorporates by reference in its regulations many oil and gas industry standards in order to require compliance with those standards in offshore operations. Currently, BSEE's regulations require that all cranes on any fixed platform that was installed on the OCS after March 17, 2003, as well as all cranes manufactured after March 17, 2003 and installed (i.e., mounted) on any fixed platform (regardless of when the platform was installed on the OCS), meet the requirements of the Sixth Edition of API Specification 2C, ``Offshore Pedestal Mounted Cranes'' (2004). In 2012, API adopted the Seventh Edition of API Spec. 2C, which extended the standard to more types of cranes and made significant improvements to the standard for design, manufacture and testing of cranes in areas such as gross overload (e.g., from supply boat entanglement), consideration of duty cycles (including intensity and frequency of crane use), structural design, and wire rope design. BSEE has determined that incorporation of the Seventh Edition of API Spec. 2C would improve safety and help prevent injury as well as damage to property. Thus, BSEE proposes to amend its existing regulations by incorporating the Seventh Edition of API Spec. 2C and, thus, to require that any cranes that lessees or operators mount--after the effective date of the final rule--on any fixed platforms meet the requirements of that standard. BSEE also proposes to add a definition of ``Fixed Platform'' to the regulations, consistent with the Sixth and Seventh Editions of API Spec. 2C as well as with related API standards and BSEE regulations. BSEE's Functions and Authority BSEE promotes safety, protects the environment, and conserves offshore oil and gas resources through vigorous regulatory oversight and enforcement. BSEE derives its authority primarily from the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331-1356a. Congress enacted OCSLA in 1953, establishing Federal control over the OCS and authorizing the Secretary of the Interior (Secretary) to regulate oil and natural gas exploration, development, and production operations on the OCS. The Secretary has authorized BSEE to perform these functions (see 30 CFR 250.101). To carry out its responsibilities, BSEE regulates exploration, development and production of oil and natural gas on the OCS to enhance safety and environmental protection in a way that reflects advancements in technology and new information. In addition to developing and implementing such regulatory requirements, BSEE collaborates with standards development organizations and the international community to develop and revise safety and environmental standards, which BSEE may incorporate into its regulatory program. BSEE also conducts onsite inspections to ensure [[Page 34114]] compliance with regulations, lease terms, and approved plans. Detailed information concerning BSEE's regulations and guidance for the offshore industry may be found on BSEE's Web site at: www.bsee.gov/Regulations-and-Guidance/index. Public Participation and Availability of Comments BSEE encourages you to participate in this proposed rulemaking by submitting written comments, as discussed in the ADDRESSES and DATES sections of this proposed rule. This proposed rule provides 30-days for public comment because the Seventh Edition of API Spec. 2C (which was extensively reviewed and discussed during the API standard-setting consensus process) has been in effect for well over two years; thus, the relevant industries are already familiar with both the Seventh Edition and the existing BSEE regulations incorporating the prior edition of that standard. Before including your address, phone number, email address, or other personal identifying information in your comment on this proposed rule, however, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Procedures for Incorporation by Reference and Availability of Incorporated Documents for Public Viewing BSEE frequently uses standards (e.g., codes, specifications, recommended practices) developed through a consensus process, facilitated by standards development organizations and with input from the oil and gas industry, as a means of establishing requirements for activities on the OCS. BSEE may incorporate these standards into its regulations without republishing the standards in their entirety in the Code of Federal Regulations, a practice known as incorporation by reference. The legal effect of incorporation by reference is that the incorporated standards become regulatory requirements. This incorporated material, like any other properly issued regulation, has the force and effect of law, and BSEE holds operators, lessees and other regulated parties accountable for complying with the documents incorporated by reference in our regulations. We currently incorporate by reference over 100 consensus standards in BSEE's regulations governing offshore oil and gas operations (see 30 CFR 250.198). Federal regulations at 1 CFR part 51 govern how BSEE and other Federal agencies incorporate various documents by reference. Agencies may only incorporate a document by reference by publishing the document title, edition, date, author, publisher, identification number, and other specified information in the Federal Register. The Director of the Federal Register must approve each publication incorporated by reference in a final rule. Incorporation by reference of a document or publication is limited to the specific edition approved by the Director of the Federal Register. When a copyrighted industry standard is incorporated by reference into our regulations, BSEE is obligated to observe and protect that copyright. We provide members of the public with Web site addresses where these standards may be accessed for viewing--sometimes for free and sometimes for a fee. The decision to charge a fee is made by each standards development organization. API provides free online public access to at least 160 technical and other key industry standards. Those standards represent almost one-third of all API standards and include all that are safety-related or are incorporated into Federal regulations. These standards are available for review online, while hard copies and printable versions will continue to be available for purchase through API. To review such standards online, go to the API publications Web site at: http://publications.api.org. You must then log-in or create a new account, accept API's ``Terms and Conditions,'' click on the ``Browse Documents'' button, and then select the applicable category (e.g., ``Exploration and Production'') for the standard(s) you wish to review. For the convenience of the viewing public who may not wish to purchase or view the incorporated documents online, they may be inspected at BSEE's office at 45600 Woodland Road, Sterling, Virginia 20166 (phone: 703-787-1587). Documents incorporated in the final rule will be made available to the public for viewing when requested. Additional information on where these documents can be inspected or purchased can be found at 30 CFR 250.198, Documents incorporated by reference. Background Information for Proposed Incorporation by Reference of Seventh Edition of API Spec. 2C As authorized by OCSLA, BSEE has promulgated regulations governing oil, gas and sulphur exploration, development, and production operations on the OCS (30 CFR part 250). On February 14, 2003, the Minerals Management Service (MMS), the predecessor to BSEE, incorporated the Fifth Edition of API Spec. 2C, ``Specification for Offshore Cranes'' (1995), into its regulations at Sec. Sec. 250.108(c) and (d) and Sec. 250.198(e), effective March 17, 2003 (68 FR 7421).\1\ The purpose of that rule was to require lessees and operators to ensure the safe design, construction, and testing of all cranes mounted on any fixed platform that was installed on the OCS after the effective date of the final rule (March 17, 2003) and of all cranes manufactured after March 17, 2003, and subsequently mounted on any fixed platform (without regard to the platform's installation date on the OCS). --------------------------------------------------------------------------- \1\ MMS proposed this regulation on July 19, 2001 (see 66 FR 37611). --------------------------------------------------------------------------- On March 15, 2007, the MMS incorporated the Sixth Edition of API Spec. 2C (adopted by API in 2004) into the regulations at Sec. Sec. 250.108(c) and (d) and Sec. 250.198(e) in place of the Fifth Edition (72 FR 12088).\2\ Thus, the regulations currently require that operators and lessees ensure that all cranes mounted on any fixed platform that was installed on the OCS after March 2003, as well as all cranes manufactured after March 2003 and subsequently mounted on any fixed platform (regardless of when the platform was installed on the OCS), meet the requirements of the Sixth Edition of API Spec. 2C. --------------------------------------------------------------------------- \2\ On April 28, 2010, MMS revised and reorganized Sec. 250.198, and the provision incorporating API Spec. 2C, Sixth Edition, was moved to Sec. 250.198(h)(69) (see 75 FR 22219). --------------------------------------------------------------------------- In March 2012, API approved the Seventh Edition of API Spec. 2C (effective in October 2012), reorganizing the standard and providing improved design and construction criteria for new pedestal-mounted cranes (i.e., those manufactured after October 2012). The most significant technical and engineering issues addressed by API in the Seventh Edition of API Spec. 2C include: --Gross overload of cranes and supply boat entanglement issues (i.e., while the Sixth Edition did not require manufacturers to address gross overload conditions, the Seventh Edition requires that manufacturers use a failure mode assessment to address gross overload conditions, such as supply boat entanglement, and provide the failure mode results to crane purchasers); [[Page 34115]] --Consideration of duty cycles in service life design \3\ (e.g., while the Sixth Edition did not specifically address duty cycles in the design of cranes, the Seventh Edition expressly includes consideration of duty cycles, or the magnitude of loads and/or frequency of use, in the design life of machinery and wire rope components of cranes); --------------------------------------------------------------------------- \3\ Offshore cranes can experience significantly different intensity and frequency of use depending on many factors, including the location of the platform and the environmental conditions under which the cranes will be used. --------------------------------------------------------------------------- --Wire rope design factors (e.g., while the Sixth Edition included a fixed factor for design of running rigging, the Seventh Edition includes specific reeving efficiency calculations in running rigging design); and --Structural crane design factors for all types of offshore pedestal- mounted cranes (e.g., while the Sixth Edition used a fixed minimum onboard dynamic coefficient, the Seventh Edition uses a more precise sliding minimum onboard dynamic coefficient based on each crane's safe working load). --Dual braking systems (while the Sixth Edition required only parking brake systems for crane hoist systems, the Seventh Edition requires that cranes have both ``parking brake systems'' (i.e., disk or mechanical brakes that act directly on the wire rope drum) and ``dynamic brake systems'' (e.g., brakes that use control fluid from a drive motor) for hoisting operations (i.e., raising or lowering loads)). --Load moment indicator systems (i.e., the Seventh Edition adds a new provision--for intermediate, drilling and construction duty cranes-- requiring load moment indicator systems that sense load and lifting conditions when the crane is in use, compare those conditions to the crane's rated capacity, and alert the operator when the crane approaches an overload condition (e.g., the overturning moment)). --Personnel capacity and Safe Working Load (SWL) calculations (i.e., the Seventh Edition provides more precise methods for calculating the SWL, and increases the capacity for safely hoisting personnel from 35 percent, under the Sixth Edition, to 50 percent of the SWL). In addition, section 4 (``Documentation'') of the Seventh Edition of API Spec. 2C requires purchasers to supply certain information to manufacturers prior to purchasing a crane--and manufacturers to supply certain documentation to the purchaser--in order to ensure that cranes are designed and manufactured, in compliance with the Seventh Edition, to perform safely and properly under the conditions in which the cranes are expected to be used. Discussion of Proposed Amendments BSEE has reviewed the Seventh Edition of API Spec. 2C and determined that the revised edition should be incorporated into the regulations to ensure that lessees and operators are complying with the latest consensus industry practices and standards for cranes. If the Seventh Edition is incorporated into BSEE's regulations, it will require the use of up-to-date industry standard technology, processes, and design criteria to ensure that fixed platform operators mount cranes designed to operate safely in difficult offshore conditions. For example, the failure mode calculations and gross overload protection provisions in the Seventh Edition of API Spec. 2C would help reduce the potential risk of injury to personnel by, among other things: --Addressing the possibility of supply boat entanglement; --Improving crane operator safety in the event of an unbounded gross overload (e.g., supply boat entanglement) without increasing the risk to other personnel from the crane dropping its load; and --Using a higher factor of safety for the pedestal/slew bearing to ensure that the main crane structure and operator cabin remain attached to the platform during a catastrophic event. Similarly, the Seventh Edition's provision for dual braking systems would improve hoisting efficiency and decrease stress on the crane motor and, thus, help prevent both unintended load drops and motor malfunctions. In addition, the Load Moment Indicator System provision would improve safety by alerting the operator (e.g., with bells, warning lights, buzzers) when a crane is approaching a critical overload condition, giving the operator a better chance to prevent the crane from overturning or causing other safety problems. Likewise, the Seventh Edition's improved method for calculating a crane's SWL justifies increasing the personnel capacity to 50 percent of the SWL, which, in turn, should reduce both the number of hoists needed to safely move the same number of people (as compared to the Sixth Edition) and the cumulative risk inherent in multiple hoists. Therefore, BSEE is proposing to amend Sec. Sec. 250.108 and 250.198(h)(69) to incorporate, and to require that lessees and operators ensure compliance with, the Seventh Edition of API Spec. 2C for all cranes mounted after the effective date of the final rule on any fixed OCS platform without regard to when the platform was installed on the OCS. Unlike the current regulations, compliance with the Seventh Edition of API Spec. 2C would not be tied to the date of manufacture of the crane or the date that the fixed platform was installed on the OCS. The original promulgation of Sec. 250.108(c) and (d) in 2003 marked the first time that MMS required lessees and operators to ensure that the cranes on fixed platforms complied with the criteria of the version of API Spec. 2C then in effect (i.e., the Fifth Edition). Accordingly, MMS initially made Sec. 250.108(c) and (d) applicable only to cranes that were manufactured after the effective date of that final rule (March 17, 2003) and then mounted on any fixed platform (regardless of the platform's installation date), as well as to all cranes (regardless of their manufacture dates) mounted on any fixed platform that was installed on the OCS after March 17, 2003. Thus, lessees and operators could become familiar with, and plan for compliance with, the new regulatory requirement before mounting new cranes or installing new platforms. In 2007, when MMS amended Sec. Sec. 250.108(c) and (d) and 250.198 to require compliance with the Sixth Edition of API Spec. 2C in lieu of the Fifth Edition, MMS retained the original threshold applicability date (March 17, 2003) in Sec. 250.108 for manufacture of cranes and for installation of platforms. There was no need at that time to change the threshold date because the criteria for design and manufacture of cranes in the Sixth Edition were very similar to those in the Fifth Edition, which had been in effect under Sec. 250.108 since March 2003. By contrast, the Seventh Edition of API Spec. 2C makes significant changes to the criteria in the Sixth Edition. These changes will result in improvements, as previously described, to safety and personnel protection on fixed platforms. Cranes that meet the specifications of the Sixth Edition may not necessarily meet all of the specifications of the Seventh Edition and would not necessarily achieve the same level of safety afforded by cranes that meet the specifications of the Seventh Edition. In light of those changes, and the fact that the industry has been required to comply with prior editions of API Spec. 2C for over 10 years, the original March 2003 threshold applicability date is no [[Page 34116]] longer necessary or appropriate. Thus, we propose that operators and lessees ensure that all cranes that they mount on any fixed OCS platforms after the effective date of the new final rule comply with the criteria in the Seventh Edition of API Spec. 2C, without regard to the fixed platforms' installation dates or the cranes' manufacture dates. Because crane manufacturers and offshore lessees and operators have been familiar with, and voluntarily using, the Seventh Edition of API Spec. 2C since October 2012, this proposed requirement should not require significant changes in lessees' and operators' ordinary business practices. Moreover, the proposed rule would effectively eliminate a potential anomaly in the existing rules that arguably could be read to imply that cranes manufactured before March 2003 may continue to be mounted on platforms that were installed on the OCS before March 2003 without complying with any version of API Spec. 2C. We also propose, in accordance with Sec. 250.108(c) and (d) of the current regulations, to allow lessees and operators to continue to use cranes that comply with the Sixth Edition of API Spec. 2C if they mount (or mounted) a crane on a fixed platform between March 17, 2003, and the effective date of the new final rule and: --The fixed platform was installed on the OCS between March 17, 2003, and the effective date of the final regulation; or --the crane was manufactured after March 17, 2003, and before the effective date of the final rule. However, because the Seventh Edition of API Spec. 2C has been in voluntary use by the industry since October 2012, we propose to amend Sec. 250.108 to give lessees and operators the option of ensuring that any cranes mounted after October 2012 and before the effective date of the new final rule comply with the Seventh Edition of API Spec. 2C in lieu of the Sixth Edition. Currently, Sec. 250.198(c) allows a lessee or operator to comply with a later edition of any incorporated standard, provided that the lessee or operator shows that the later edition is at least as protective as the incorporated standard and obtains prior written approval from BSEE. The proposed amendment to allow compliance with either the Sixth or Seventh Edition for cranes mounted between October 2012 and the effective date of the new final rule would simply eliminate the need for such a showing and for prior BSEE approval. Finally, we propose to add a new definition to Sec. 250.105 for ``fixed platform,'' solely as used in Sec. 250.108. The Sixth Edition of API Spec. 2C used and defined the term ``fixed platform'' in virtually the same way as that term is currently defined in API Recommended Practice 2D, ``Operation and Maintenance of Offshore Cranes'' (Sixth Edition, May 2007) (API RP 2D), which is incorporated by reference in Sec. 250.108(a). However, the Seventh Edition of API Spec. 2C largely replaced the term ``fixed platform'' with the term ``bottom-supported structure,'' which is defined in a way very similar to the definition of ``fixed platform'' in the Sixth Edition of API Spec. 2C. In fact, the Seventh Edition of API Spec. 2C frequently uses the terms ``bottom-supported structure'' and ``fixed platform'' interchangeably. To avoid confusion, however, we propose to add to Sec. 250.105 a definition of ``fixed platform,'' as used in Sec. 250.108, that is consistent with the definition of ``bottom-supported structure'' in the Seventh Edition of API Spec. 2C, as well as with the definition of ``fixed platform'' in API RP 2D. In addition, the proposed new definition would be compatible with the definition of ``fixed platform'' in API RP 2A-WSD, ``Recommended Practice for Planning, Designing, and Constructing Fixed Offshore Platforms--Working Stress Design'' (Twenty-first Edition, reaffirmed October 2010) and with the definition of OCS ``facility'' in 30 CFR 250.105. Consistency With United States Coast Guard (USCG) Proposed Rule On May 13, 2013, the USCG proposed to incorporate the Seventh Edition of API Spec. 2C into USCG regulations at 46 CFR parts 107 through 109 for cranes installed on mobile offshore drilling units (MODUs), offshore supply vessels (OSVs), and floating OCS facilities (see 78 FR 27913). Because this BSEE-proposed rule would apply only to cranes mounted on offshore fixed platforms--which, as defined in proposed Sec. 250.105, do not include MODUs, OSVs, or floating OCS facilities--there is no duplication between the USCG proposal and this proposed rule. Similarly, the USCG-proposed rule would not duplicate or conflict with the current BSEE requirements at Sec. 250.108 because the existing BSEE requirements apply only to fixed platforms. In any case, the USCG proposal is essentially consistent with our proposed rule in that USCG would require offshore cranes used for OCS activities, and mounted after the effective date of USCG's final rule, to comply with the Seventh Edition of API Spec. 2C.\4\ In fact, USCG intends that its proposed rule align with BSEE's requirements for cranes used on offshore fixed platforms (see 78 FR 27914).\5\ --------------------------------------------------------------------------- \4\ The USCG also proposed to provide an option for compliance with ``other equivalent standard[s] identified by [the] Commandant'' in lieu of compliance with the Seventh Edition of API Spec. 2C (78 FR 27924). The existing BSEE regulations also provide a process for seeking BSEE's approval to use alternate procedures or equipment under appropriate conditions (see 30 CFR 250.141). \5\ Although the Seventh Edition of API Spec. 2C has no size limitations on its applicability to cranes, USCG proposes to apply that standard (as well as the Sixth Edition of API RP 2D) only to cranes with a lifting capacity of 10,000 pounds or more (see 78 FR 27915.) There is no such size threshold in BSEE's current regulations at 30 CFR 250.108, and we do not propose to create one. In fact, Sec. 250.108 is intended to include smaller cranes used for material handling purposes on fixed platforms. --------------------------------------------------------------------------- The USCG proposal would also incorporate, and require compliance with, the Sixth Edition of API RP 2D for operation and maintenance of cranes on MODUs, OSVs, and floating OCS facilities in 46 CFR parts 107- 109 (see 78 FR 27915). The existing BSEE regulations, at Sec. Sec. 250.108(a) and 250.198(h)(48), already require that lessees and operators operate cranes on fixed platforms in accordance with the Sixth Edition of API RP 2D. We are aware, however, that API published a Seventh Edition of RP 2D in December 2014. We will evaluate that revised standard and consider whether it should be incorporated by reference in Sec. 250.108(a) at a later date. Request for Comments on Quality Control In addition to proposing to require lessees and operators to ensure that the cranes on their fixed platforms comply with the Seventh Edition of API Spec. 2C, we are considering whether there are ways to verify that new cranes have been fabricated pursuant to that API standard. For example, we are considering whether lessees and operators should ensure that cranes mounted on their fixed platforms in the future are constructed and marked in accordance with a quality management system such as API Specification Q1, ``Specification for Quality Programs for the Petroleum, Petrochemical and Natural Gas Industry,'' Ninth Edition (2014) (API Spec. Q1). Accordingly, we request comments on whether API Spec. Q1, or any similar quality management systems (such as those found in the International Standards Organization 9000 collection of standards), could help to ensure the overall reliability and safety of cranes. [[Page 34117]] Procedural Matters Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 (E.O. 12866) provides that the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), will review all significant rules. BSEE has determined that this proposed rule is not a significant regulatory action as defined by section 3(f) of E.O. 12866 because: --It is not expected to have an annual effect on the economy of $100 million or more; --It would not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; --It would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; --It would not alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights or obligations of their recipients; and --It does not raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866. In particular, BSEE has determined that this proposed rule would not have a significant economic effect on the offshore oil and gas industry because BSEE includes existing industry standards in the baselines for economic analyses for regulations. OMB Circular A-4, which provides guidance to Federal agencies on the preparation of economic analyses under E.O. 12866, states that the economic baseline represents the agency's best assessment of what the world would be like absent the action. Thus, the baseline should include all practices that already exist, and that would continue to exist, even if the new regulations were never imposed. Since consensus industry standards represent generally accepted industry practices and expectations for use in operations, and are developed and written by industry experts and approved by the industry itself, we understand and expect that industry follows such standards (or similar best practices) to ensure safety and reliability of operations. Therefore, BSEE includes relevant existing standards in the baseline when considering the potential economic impacts of its regulatory actions. Accordingly, because this proposed rule would simply incorporate the Seventh Edition of API Spec. 2C, which has been in effect since October 2012, BSEE has not prepared an economic analysis for, and OIRA has not reviewed, this proposed rule. Executive Order 13563 (E.O. 13563) reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. In addition, E.O. 13563 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. It also emphasizes 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 developed this proposed rule in a manner consistent with these requirements. Regulatory Flexibility Act BSEE certifies that this proposed rule would not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The changes that would be incorporated by this proposed rule could affect lessees and operators of leases on the OCS who install new fixed platforms or new cranes on existing fixed platforms. This could include about 130 active companies. Offshore lessees and operators fall under the Small Business Administration's North American Industry Classification System (NAICS) codes 211111 (Crude Petroleum and Natural Gas Extraction) and 213111 (Drilling Oil and Gas Wells). For these NAICS code classifications, a small company is one with fewer than 500 employees. Based on these criteria, an estimated 90 (or 69 percent) of the active lessee/operator companies are considered small. Thus, this proposed rule would affect a substantial number of small entities. However, because the proposed rule simply incorporates an existing standard that has been adopted and followed by industry voluntarily since 2012, it would not impose significant new costs or burdens on the offshore oil and gas industry. Accordingly, the changes in the proposed rule would not have a significant economic effect on a substantial number of small entities, and BSEE is not required by the Regulatory Flexibility Act to prepare an initial regulatory flexibility analysis for this proposed rule. Your comments are important. The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small businesses about Federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the actions of BSEE, call 1-888- 734-3247. You may comment to the Small Business Administration (SBA) without fear of retaliation. Allegations of discrimination/retaliation filed with the SBA will be investigated for appropriate action. Small Business Regulatory Enforcement Fairness Act This proposed rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.). This proposed rule would not: --Have an annual effect on the economy of $100 million or more; --Cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or --Have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act of 1995 This proposed rule would not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. This proposed rule would not have a significant or unique effect on State, local, or tribal governments or the private sector. Thus, a statement containing the information required by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501, et seq.) is not required. Takings Implication Assessment (Executive Order 12630) Under the criteria in Executive Order 12630, this proposed rule would not have significant takings implications. This proposed rule is not a governmental action capable of interference with constitutionally protected property rights. Thus, a Takings Implication Assessment is not required. Federalism (Executive Order 13132) Under the criteria in Executive Order 13132, this proposed rule would not [[Page 34118]] have federalism implications. This proposed rule would not substantially and directly affect the relationship between the Federal and State governments. To the extent that State and local governments have a role in OCS activities, this proposed rule would not affect that role. Accordingly, a Federalism Assessment is not required. Civil Justice Reform (Executive Order 12988) This proposed rule complies with the requirements of Executive Order 12988 (E.O. 12988). Specifically, this rule: --Would meet the criteria of section 3(a) of E.O. 12988 requiring that all proposed regulations be reviewed to eliminate drafting errors and ambiguity, be written to minimize litigation, and provide clear legal standards; and --Would meet the criteria of section 3(b)(2) of E.O. 12988 requiring that all regulations be written in clear language and contain clear legal standards. Consultation With Indian Tribes (Executive Order 13175) We have evaluated this proposed rule under the Department's tribal consultation policy and under the criteria in Executive Order 13175 and have determined that it would have no substantial effects on federally recognized Indian tribes and that consultation under the department's policy is not required. Paperwork Reduction Act of 1995 (PRA) BSEE has determined that this proposed regulation does not contain new information collection requirements pursuant to the PRA (44 U.S.C. 3501 et seq.). Thus, we will not submit an information collection request to OMB. National Environmental Policy Act of 1969 (NEPA) This proposed rule meets the criteria set forth in 516 Departmental Manual (DM) 15.4C(1) for a categorical exclusion because it involves modification of existing regulations, the impacts of which would be limited to administrative, economic, or technological effects with minimal environmental impacts. We also analyzed this proposed rule to determine if it meets any of the extraordinary circumstances set forth in 43 CFR 46.215, that would require an environmental assessment or an environmental impact statement for actions otherwise eligible for a categorical exclusion. We concluded that this rule does not meet any of the criteria for extraordinary circumstances. Data Quality Act In developing this proposed rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106-554, App. C sec. 515, 114 Stat. 2763, 2763A- 153-154). Effects on the Nation's Energy Supply (Executive Order 13211) This proposed rule would not be a significant energy action under Executive Order 13211 because: --It is not a significant regulatory action under E.O. 12866; --It is not likely to have a significant adverse effect on the supply, distribution or use of energy; and --It has not been designated as a significant energy action by the Administrator of OIRA. Thus, a Statement of Energy Effects is not required. Clarity of This Regulation (Executive Orders 12866 and 12988) We are required by Executive Orders 12866 and 12988, and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rulemaking we publish must: --Be logically organized; --Use the active voice to address readers directly; --Use clear language rather than jargon; --Be divided into short sections and sentences; and --Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, and the sections where you feel lists or tables would be useful. List of Subjects in 30 CFR Part 250 Continental shelf, Environmental impact statements, Environmental protection, Government contracts, Incorporation by reference, Investigations, Mineral royalties, Oil and gas development and production, Oil and gas exploration, Oil and gas reserves, Penalties, Pipelines, Reporting and recordkeeping requirements, Sulphur development and production, Sulphur exploration. Dated: June 7, 2015. Janice M. Schneider, Assistant Secretary, Land and Minerals Management. For the reasons stated in the preamble, the Bureau of Safety and Environmental Enforcement (BSEE) proposes to amend 30 CFR part 250 as follows: PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 1. The authority citation for part 250 continues to read as follows: Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 43 U.S.C. 1334. 0 2. Amend Sec. 250.105 by adding, in alphabetical order, a definition of ``Fixed platform,'' to read as follows: Sec. 250.105 Definitions. * * * * * Fixed platform, as used in 30 CFR 250.108, means a bottom-supported stationary structure extending above the ocean surface, without significant movement in response to waves or currents in normal operating conditions, and installed for the purpose of exploration, development, or production of oil, gas or sulphur on the OCS. Examples of a fixed platform include gravity-based or jacket-and-pile supported platforms, jackup rigs (once in position and bottom-supported), and submersible bottom-supported rigs. * * * * * 0 3. Amend Sec. 250.108 as follows: 0 a. Revise paragraphs (c) and (d); 0 b. Redesignate paragraphs (e) and (f) as paragraphs (f) and (g), respectively; and 0 c. Add new paragraph (e). The revisions and additions read as follows: Sec. 250.108 What requirements must I follow for cranes and other material-handling equipment? * * * * * (c) If you installed a fixed platform after March 17, 2003, and before [EFFECTIVE DATE OF THE FINAL RULE]: (1) All cranes mounted on the fixed platform on or after March 17, 2003, and before October 1, 2012, must meet the requirements of American Petroleum Institute Specification for Offshore Pedestal- mounted Cranes (API Spec. 2C), Sixth Edition (2004), as incorporated by reference in Sec. 250.198(h)(69)(i); and (2) All cranes mounted on the fixed platform on or after October 1, 2012, and before [EFFECTIVE DATE OF FINAL RULE], must meet either the [[Page 34119]] requirements of API Spec. 2C, Sixth Edition, or API Spec. 2C, Seventh Edition (2012), as incorporated by reference in Sec. 250.198(h)(69)(ii). (d) If you installed a fixed platform before March 17, 2003, and mounted a crane on the fixed platform before [EFFECTIVE DATE OF FINAL RULE], and (1) The crane was manufactured after March 17, 2003, and before October 1, 2012, the crane must meet the requirements of API Spec. 2C, Sixth Edition; (2) The crane was manufactured on or after October 1, 2012, the crane must meet either the requirements of API Spec. 2C, Sixth Edition, or API Spec. 2C, Seventh Edition. (e) If you mount a crane on a fixed platform after [EFFECTIVE DATE OF FINAL RULE], the crane must meet the requirements of API Spec. 2C, Seventh Edition. * * * * * 0 4. Amend Sec. 250.198 by revising paragraph (h)(69) to read as follows: Sec. 250.198 Documents incorporated by reference. * * * * * (h) * * * (69) API Spec. 2C, Specification for Offshore Pedestal-mounted Cranes: (i) Sixth Edition, March 2004, Effective Date: September 2004, API Stock No. G02C06; incorporated by reference at Sec. 250.108(c) and (d); (ii) Seventh Edition, March 2012, Effective Date: October 2012, API Product No. G02C07; incorporated by reference at Sec. 250.108(c), (d) and (e); * * * * * [FR Doc. 2015-14640 Filed 6-12-15; 8:45 am] BILLING CODE 4310-VH-P
![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules 34113
self-improvement activity and therapy Seventh Edition took effect in October installed (i.e., mounted) on any fixed
and his utilization of available resources 2012. The intent of proposing to platform (regardless of when the
to overcome recognized problems. incorporate this revised standard into platform was installed on the OCS),
Achievements in accomplishing goals BSEE regulations is to improve the meet the requirements of the Sixth
and efforts put forth in any safety of cranes mounted on fixed Edition of API Specification 2C,
involvements in established programs to platforms that are installed on the Outer ‘‘Offshore Pedestal Mounted Cranes’’
overcome problems are carefully Continental Shelf (OCS). This proposed (2004). In 2012, API adopted the
evaluated. rule would require that all cranes that Seventh Edition of API Spec. 2C, which
(F) Community resources available to lessees or operators mount on any fixed extended the standard to more types of
assist the offender with regard to his platforms after the effective date of the cranes and made significant
needs and problems, which will final rule comply with the Seventh improvements to the standard for
supplement treatment and training Edition of API Spec. 2C. design, manufacture and testing of
programs begun in the institution, and DATES: Submit comments by July 15, cranes in areas such as gross overload
be available to assist the offender to 2015. BSEE may not fully consider (e.g., from supply boat entanglement),
further serve in his efforts to reintegrate comments received after this date. consideration of duty cycles (including
himself back into the community and ADDRESSES: You may submit comments
intensity and frequency of crane use),
within his family unit as a productive on the proposed rulemaking by any of structural design, and wire rope design.
useful individual. BSEE has determined that
the following methods. Please use the
(ii) If a prisoner has been previously incorporation of the Seventh Edition of
Regulation Identifier Number (RIN)
granted a presumptive parole date under API Spec. 2C would improve safety and
1014–AA13 as an identifier in your
the Commission’s guidelines at § 2.80(b) help prevent injury as well as damage
comments. BSEE may post all submitted
through (m), the presumptive date will to property. Thus, BSEE proposes to
comments, in their entirety, at: amend its existing regulations by
not be rescinded unless the Commission www.regulations.gov. See Public
would rescind the date for one of the incorporating the Seventh Edition of
Participation and Availability of API Spec. 2C and, thus, to require that
accepted bases for such action, i.e., new Comments.
criminal conduct, new institutional any cranes that lessees or operators
1. Federal eRulemaking Portal:
misconduct, or new adverse mount—after the effective date of the
www.regulations.gov. In the search box,
information. final rule—on any fixed platforms meet
enter ‘‘BSEE–2014–0002,’’ then click the requirements of that standard. BSEE
(iii) Prisoners who have previously search. Follow the instructions to
been considered for parole under the also proposes to add a definition of
submit public comments and view ‘‘Fixed Platform’’ to the regulations,
1987 guidelines of the former D.C. supporting and related materials
Board of Parole will continue to receive consistent with the Sixth and Seventh
available for this rulemaking. Editions of API Spec. 2C as well as with
consideration under those guidelines. 2. Mail or hand-carry comments to the
related API standards and BSEE
Dated: June 3, 2015. Department of the Interior (DOI); Bureau
regulations.
J. Patricia Wilson Smoot, of Safety and Environmental
Acting Chairman, U.S. Parole Commission. Enforcement; ATTN: Regulations and BSEE’s Functions and Authority
[FR Doc. 2015–13998 Filed 6–12–15; 8:45 am] Standards Branch; 45600 Woodland BSEE promotes safety, protects the
BILLING CODE 4410–31–P
Road, Mail Code VAE–ORP; Sterling, environment, and conserves offshore oil
Virginia 20166. Please reference ‘‘Oil and gas resources through vigorous
and Gas and Sulphur Operations in the regulatory oversight and enforcement.
DEPARTMENT OF THE INTERIOR Outer Continental Shelf—Update of BSEE derives its authority primarily
Cranes Standard, 1014–AA13,’’ in your from the Outer Continental Shelf Lands
Bureau of Safety and Environmental comments and include your name and Act (OCSLA), 43 U.S.C. 1331–1356a.
Enforcement return address. Congress enacted OCSLA in 1953,
FOR FURTHER INFORMATION CONTACT: establishing Federal control over the
30 CFR Part 250 Kelly Odom, BSEE, Regulations and OCS and authorizing the Secretary of
Standards Branch, 703–787–1775, email the Interior (Secretary) to regulate oil
[Docket ID: BSEE–2014–0002; 14XE1700DX
EX1SF0000.DAQ000 EEEE50000] address: regs@bsee.gov. and natural gas exploration,
SUPPLEMENTARY INFORMATION: development, and production
RIN 1014–AA13 operations on the OCS. The Secretary
Executive Summary has authorized BSEE to perform these
Oil and Gas and Sulphur Operations in As required by law, BSEE regulates oil functions (see 30 CFR 250.101).
the Outer Continental Shelf—Update of and gas exploration, development and To carry out its responsibilities, BSEE
Incorporated Cranes Standard production operations on the OCS. regulates exploration, development and
AGENCY: Bureau of Safety and Among other purposes, BSEE’s production of oil and natural gas on the
Environmental Enforcement (BSEE), regulations seek to prevent injury, loss OCS to enhance safety and
Interior. of life, as well as damage to property, environmental protection in a way that
ACTION: Proposed rule. natural resources, and the environment. reflects advancements in technology
BSEE incorporates by reference in its and new information. In addition to
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY: BSEE proposes to incorporate regulations many oil and gas industry developing and implementing such
by reference the Seventh Edition of the standards in order to require regulatory requirements, BSEE
American Petroleum Institute (API) compliance with those standards in collaborates with standards
Specification 2C (Spec. 2C), ‘‘Offshore offshore operations. development organizations and the
Pedestal-mounted Cranes’’ (2012), into Currently, BSEE’s regulations require international community to develop and
its regulations. The Seventh Edition of that all cranes on any fixed platform revise safety and environmental
API Spec. 2C revised many aspects of that was installed on the OCS after standards, which BSEE may incorporate
the standard for design and construction March 17, 2003, as well as all cranes into its regulatory program. BSEE also
of cranes manufactured since the manufactured after March 17, 2003 and conducts onsite inspections to ensure
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![34116 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules
longer necessary or appropriate. Thus, Finally, we propose to add a new comply with the Seventh Edition of API
we propose that operators and lessees definition to § 250.105 for ‘‘fixed Spec. 2C.4 In fact, USCG intends that its
ensure that all cranes that they mount platform,’’ solely as used in § 250.108. proposed rule align with BSEE’s
on any fixed OCS platforms after the The Sixth Edition of API Spec. 2C used requirements for cranes used on
effective date of the new final rule and defined the term ‘‘fixed platform’’ offshore fixed platforms (see 78 FR
comply with the criteria in the Seventh in virtually the same way as that term 27914).5
Edition of API Spec. 2C, without regard is currently defined in API The USCG proposal would also
to the fixed platforms’ installation dates Recommended Practice 2D, ‘‘Operation incorporate, and require compliance
or the cranes’ manufacture dates. and Maintenance of Offshore Cranes’’ with, the Sixth Edition of API RP 2D for
Because crane manufacturers and (Sixth Edition, May 2007) (API RP 2D), operation and maintenance of cranes on
offshore lessees and operators have been which is incorporated by reference in MODUs, OSVs, and floating OCS
familiar with, and voluntarily using, the § 250.108(a). However, the Seventh facilities in 46 CFR parts 107–109 (see
Seventh Edition of API Spec. 2C since Edition of API Spec. 2C largely replaced 78 FR 27915). The existing BSEE
October 2012, this proposed the term ‘‘fixed platform’’ with the term regulations, at §§ 250.108(a) and
requirement should not require ‘‘bottom-supported structure,’’ which is 250.198(h)(48), already require that
significant changes in lessees’ and defined in a way very similar to the lessees and operators operate cranes on
operators’ ordinary business practices. definition of ‘‘fixed platform’’ in the fixed platforms in accordance with the
Moreover, the proposed rule would Sixth Edition of API Spec. 2C. In fact, Sixth Edition of API RP 2D. We are
effectively eliminate a potential the Seventh Edition of API Spec. 2C aware, however, that API published a
anomaly in the existing rules that frequently uses the terms ‘‘bottom- Seventh Edition of RP 2D in December
arguably could be read to imply that supported structure’’ and ‘‘fixed
2014. We will evaluate that revised
cranes manufactured before March 2003 platform’’ interchangeably.
standard and consider whether it should
may continue to be mounted on To avoid confusion, however, we
propose to add to § 250.105 a definition be incorporated by reference in
platforms that were installed on the § 250.108(a) at a later date.
OCS before March 2003 without of ‘‘fixed platform,’’ as used in
complying with any version of API § 250.108, that is consistent with the Request for Comments on Quality
Spec. 2C. definition of ‘‘bottom-supported Control
structure’’ in the Seventh Edition of API
We also propose, in accordance with Spec. 2C, as well as with the definition In addition to proposing to require
§ 250.108(c) and (d) of the current of ‘‘fixed platform’’ in API RP 2D. In lessees and operators to ensure that the
regulations, to allow lessees and addition, the proposed new definition cranes on their fixed platforms comply
operators to continue to use cranes that would be compatible with the definition with the Seventh Edition of API Spec.
comply with the Sixth Edition of API of ‘‘fixed platform’’ in API RP 2A–WSD, 2C, we are considering whether there
Spec. 2C if they mount (or mounted) a ‘‘Recommended Practice for Planning, are ways to verify that new cranes have
crane on a fixed platform between Designing, and Constructing Fixed been fabricated pursuant to that API
March 17, 2003, and the effective date Offshore Platforms—Working Stress standard. For example, we are
of the new final rule and: Design’’ (Twenty-first Edition, considering whether lessees and
—The fixed platform was installed on reaffirmed October 2010) and with the operators should ensure that cranes
the OCS between March 17, 2003, and definition of OCS ‘‘facility’’ in 30 CFR mounted on their fixed platforms in the
the effective date of the final 250.105. future are constructed and marked in
regulation; or accordance with a quality management
Consistency With United States Coast system such as API Specification Q1,
—the crane was manufactured after Guard (USCG) Proposed Rule
March 17, 2003, and before the ‘‘Specification for Quality Programs for
On May 13, 2013, the USCG proposed the Petroleum, Petrochemical and
effective date of the final rule.
to incorporate the Seventh Edition of Natural Gas Industry,’’ Ninth Edition
However, because the Seventh Edition API Spec. 2C into USCG regulations at (2014) (API Spec. Q1). Accordingly, we
of API Spec. 2C has been in voluntary 46 CFR parts 107 through 109 for cranes request comments on whether API Spec.
use by the industry since October 2012, installed on mobile offshore drilling Q1, or any similar quality management
we propose to amend § 250.108 to give units (MODUs), offshore supply vessels systems (such as those found in the
lessees and operators the option of (OSVs), and floating OCS facilities (see International Standards Organization
ensuring that any cranes mounted after 78 FR 27913). Because this BSEE- 9000 collection of standards), could
October 2012 and before the effective proposed rule would apply only to help to ensure the overall reliability and
date of the new final rule comply with cranes mounted on offshore fixed safety of cranes.
the Seventh Edition of API Spec. 2C in platforms—which, as defined in
lieu of the Sixth Edition. Currently, proposed § 250.105, do not include 4 The USCG also proposed to provide an option
§ 250.198(c) allows a lessee or operator MODUs, OSVs, or floating OCS for compliance with ‘‘other equivalent standard[s]
to comply with a later edition of any facilities—there is no duplication identified by [the] Commandant’’ in lieu of
incorporated standard, provided that the between the USCG proposal and this compliance with the Seventh Edition of API Spec.
2C (78 FR 27924). The existing BSEE regulations
lessee or operator shows that the later proposed rule. Similarly, the USCG- also provide a process for seeking BSEE’s approval
edition is at least as protective as the proposed rule would not duplicate or
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
to use alternate procedures or equipment under
incorporated standard and obtains prior conflict with the current BSEE appropriate conditions (see 30 CFR 250.141).
5 Although the Seventh Edition of API Spec. 2C
written approval from BSEE. The requirements at § 250.108 because the
has no size limitations on its applicability to cranes,
proposed amendment to allow existing BSEE requirements apply only USCG proposes to apply that standard (as well as
compliance with either the Sixth or to fixed platforms. In any case, the the Sixth Edition of API RP 2D) only to cranes with
Seventh Edition for cranes mounted USCG proposal is essentially consistent a lifting capacity of 10,000 pounds or more (see 78
between October 2012 and the effective with our proposed rule in that USCG FR 27915.) There is no such size threshold in
BSEE’s current regulations at 30 CFR 250.108, and
date of the new final rule would simply would require offshore cranes used for we do not propose to create one. In fact, § 250.108
eliminate the need for such a showing OCS activities, and mounted after the is intended to include smaller cranes used for
and for prior BSEE approval. effective date of USCG’s final rule, to material handling purposes on fixed platforms.
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![34118 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules
have federalism implications. This that this rule does not meet any of the Dated: June 7, 2015.
proposed rule would not substantially criteria for extraordinary circumstances. Janice M. Schneider,
and directly affect the relationship Assistant Secretary, Land and Minerals
Data Quality Act
between the Federal and State Management.
governments. To the extent that State In developing this proposed rule, we For the reasons stated in the
and local governments have a role in did not conduct or use a study, preamble, the Bureau of Safety and
OCS activities, this proposed rule would experiment, or survey requiring peer Environmental Enforcement (BSEE)
not affect that role. Accordingly, a review under the Data Quality Act (Pub. proposes to amend 30 CFR part 250 as
Federalism Assessment is not required. L. 106–554, App. C sec. 515, 114 Stat. follows:
2763, 2763A–153–154).
Civil Justice Reform (Executive Order
Effects on the Nation’s Energy Supply PART 250—OIL AND GAS AND
12988)
(Executive Order 13211) SULPHUR OPERATIONS IN THE
This proposed rule complies with the OUTER CONTINENTAL SHELF
requirements of Executive Order 12988 This proposed rule would not be a
(E.O. 12988). Specifically, this rule: significant energy action under ■ 1. The authority citation for part 250
—Would meet the criteria of section 3(a) Executive Order 13211 because: continues to read as follows:
of E.O. 12988 requiring that all —It is not a significant regulatory action Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,
proposed regulations be reviewed to under E.O. 12866; 43 U.S.C. 1334.
eliminate drafting errors and —It is not likely to have a significant ■ 2. Amend § 250.105 by adding, in
ambiguity, be written to minimize adverse effect on the supply, alphabetical order, a definition of
litigation, and provide clear legal distribution or use of energy; and ‘‘Fixed platform,’’ to read as follows:
standards; and —It has not been designated as a
—Would meet the criteria of section significant energy action by the § 250.105 Definitions.
3(b)(2) of E.O. 12988 requiring that all Administrator of OIRA. * * * * *
regulations be written in clear Fixed platform, as used in 30 CFR
language and contain clear legal Thus, a Statement of Energy Effects is
250.108, means a bottom-supported
standards. not required.
stationary structure extending above the
Consultation With Indian Tribes Clarity of This Regulation (Executive ocean surface, without significant
(Executive Order 13175) Orders 12866 and 12988) movement in response to waves or
We are required by Executive Orders currents in normal operating conditions,
We have evaluated this proposed rule and installed for the purpose of
under the Department’s tribal 12866 and 12988, and by the
Presidential Memorandum of June 1, exploration, development, or
consultation policy and under the production of oil, gas or sulphur on the
criteria in Executive Order 13175 and 1998, to write all rules in plain
language. This means that each OCS. Examples of a fixed platform
have determined that it would have no include gravity-based or jacket-and-pile
substantial effects on federally rulemaking we publish must:
supported platforms, jackup rigs (once
recognized Indian tribes and that —Be logically organized; in position and bottom-supported), and
consultation under the department’s —Use the active voice to address submersible bottom-supported rigs.
policy is not required. readers directly;
* * * * *
Paperwork Reduction Act of 1995 —Use clear language rather than jargon; ■ 3. Amend § 250.108 as follows:
(PRA) —Be divided into short sections and ■ a. Revise paragraphs (c) and (d);
sentences; and ■ b. Redesignate paragraphs (e) and (f)
BSEE has determined that this —Use lists and tables wherever as paragraphs (f) and (g), respectively;
proposed regulation does not contain possible. and
new information collection ■ c. Add new paragraph (e).
requirements pursuant to the PRA (44 If you feel that we have not met these
requirements, send us comments by one The revisions and additions read as
U.S.C. 3501 et seq.). Thus, we will not follows:
submit an information collection of the methods listed in the ADDRESSES
request to OMB. section. To better help us revise the § 250.108 What requirements must I follow
rule, your comments should be as for cranes and other material-handling
National Environmental Policy Act of specific as possible. For example, you equipment?
1969 (NEPA) should tell us the numbers of the * * * * *
This proposed rule meets the criteria sections or paragraphs that you find (c) If you installed a fixed platform
set forth in 516 Departmental Manual unclear, which sections or sentences are after March 17, 2003, and before
(DM) 15.4C(1) for a categorical too long, and the sections where you [EFFECTIVE DATE OF THE FINAL
exclusion because it involves feel lists or tables would be useful. RULE]:
modification of existing regulations, the (1) All cranes mounted on the fixed
List of Subjects in 30 CFR Part 250
impacts of which would be limited to platform on or after March 17, 2003, and
administrative, economic, or Continental shelf, Environmental before October 1, 2012, must meet the
technological effects with minimal impact statements, Environmental requirements of American Petroleum
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
environmental impacts. protection, Government contracts, Institute Specification for Offshore
We also analyzed this proposed rule Incorporation by reference, Pedestal-mounted Cranes (API Spec.
to determine if it meets any of the Investigations, Mineral royalties, Oil 2C), Sixth Edition (2004), as
extraordinary circumstances set forth in and gas development and production, incorporated by reference in
43 CFR 46.215, that would require an Oil and gas exploration, Oil and gas § 250.198(h)(69)(i); and
environmental assessment or an reserves, Penalties, Pipelines, Reporting (2) All cranes mounted on the fixed
environmental impact statement for and recordkeeping requirements, platform on or after October 1, 2012,
actions otherwise eligible for a Sulphur development and production, and before [EFFECTIVE DATE OF
categorical exclusion. We concluded Sulphur exploration. FINAL RULE], must meet either the
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![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules 34119
requirements of API Spec. 2C, Sixth Access License frequencies; Comment Filing Instructions
Edition, or API Spec. 2C, Seventh implementing secondary markets in Pursuant to §§ 1.415 and 1.419 of the
Edition (2012), as incorporated by Priority Access Licenses; and Commission’s rules, 47 CFR 1.415 and
reference in § 250.198(h)(69)(ii). optimizing protections for Fixed 1.419, interested parties may file
(d) If you installed a fixed platform Satellite Services. comments and reply comments on or
before March 17, 2003, and mounted a DATES: Submit comments on or before before the dates indicated on the first
crane on the fixed platform before July 15, 2015 and reply comments on or page of this document. Comments may
[EFFECTIVE DATE OF FINAL RULE], before August 14, 2015. be filed using the Commission’s
and Electronic Comment Filing System
ADDRESSES: You may submit comments,
(1) The crane was manufactured after (ECFS). See Electronic Filing of
identified by GN Docket No. 12–354, by
March 17, 2003, and before October 1, Documents in Rulemaking Proceedings,
any of the following methods:
2012, the crane must meet the
requirements of API Spec. 2C, Sixth • Federal Communications 63 FR 24121, May 1, 1998.
Commission’s Web site: http:// • Electronic Filers: Comments may be
Edition; filed electronically using the Internet by
(2) The crane was manufactured on or fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments. accessing the ECFS: http://
after October 1, 2012, the crane must
meet either the requirements of API • Mail: All hand-delivered or fjallfoss.fcc.gov/ecfs2/.
messenger-delivered paper filings for • Paper Filers: Parties who choose to
Spec. 2C, Sixth Edition, or API Spec. file by paper must file an original and
2C, Seventh Edition. the Commission’s Secretary must be
delivered to FCC Headquarters at 445 one copy of each filing. If more than one
(e) If you mount a crane on a fixed docket or rulemaking number appears in
platform after [EFFECTIVE DATE OF 12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours the caption of this proceeding, filers
FINAL RULE], the crane must meet the must submit two additional copies for
requirements of API Spec. 2C, Seventh are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with each additional docket or rulemaking
Edition. number.
rubber bands or fasteners. Any
* * * * * Filings can be sent by hand or
envelopes and boxes must be disposed
■ 4. Amend § 250.198 by revising messenger delivery, by commercial
of before entering the building.
paragraph (h)(69) to read as follows: overnight courier, or by first-class or
Commercial overnight mail (other than
§ 250.198 Documents incorporated by U.S. Postal Service Express Mail and overnight U.S. Postal Service mail. All
reference. Priority Mail) must be sent to 9300 East filings must be addressed to the
Hampton Drive, Capitol Heights, MD Commission’s Secretary, Office of the
* * * * *
20743. U.S. Postal Service first-class, Secretary, Federal Communications
(h) * * *
(69) API Spec. 2C, Specification for Express, and Priority mail must be Commission.
addressed to 445 12th Street SW., • All hand-delivered or messenger-
Offshore Pedestal-mounted Cranes:
(i) Sixth Edition, March 2004, Washington DC 20554. delivered paper filings for the
Effective Date: September 2004, API • People with Disabilities: Contact the Commission’s Secretary must be
Stock No. G02C06; incorporated by FCC to request reasonable delivered to FCC Headquarters at 445
reference at § 250.108(c) and (d); accommodations (accessible format 12th St. SW., Room TW–A325,
(ii) Seventh Edition, March 2012, documents, sign language interpreters, Washington, DC 20554. The filing hours
Effective Date: October 2012, API CART, etc.) by email: FCC504@fcc.gov are 8:00 a.m. to 7:00 p.m. All hand
Product No. G02C07; incorporated by or phone: 202–418–0530 or TTY: 202– deliveries must be held together with
reference at § 250.108(c), (d) and (e); 418–0432. rubber bands or fasteners. Any
For detailed instructions for envelopes and boxes must be disposed
* * * * * submitting comments and additional of before entering the building.
[FR Doc. 2015–14640 Filed 6–12–15; 8:45 am] information on the rulemaking process, • Commercial overnight mail (other
BILLING CODE 4310–VH–P see the SUPPLEMENTARY INFORMATION than U.S. Postal Service Express Mail
section of this document. and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
FOR FURTHER INFORMATION CONTACT: Paul
FEDERAL COMMUNICATIONS MD 20743.
Powell, Attorney Advisor, Wireless • U.S. Postal Service first-class,
COMMISSION Bureau—Mobility Division at (202) 418– Express, and Priority mail must be
1613 or Paul.Powell@fcc.gov. addressed to 445 12th Street SW.,
47 CFR Parts 1, 2, 90, 95, and 96
SUPPLEMENTARY INFORMATION: This is a Washington DC 20554.
[GN Docket No. 12–354; FCC 15–47] summary of the Commission’s Second People with Disabilities: To request
Further Notice of Proposed Rulemaking materials in accessible formats for
Commission Seeks Comment on
in GN Docket No. 12–354, FCC 15–47, people with disabilities (braille, large
Shared Commercial Operations in the
adopted on April 17, 2015 and released print, electronic files, audio format),
3550–3700 MHz Band
April 21, 2015. The full text of this send an email to fcc504@fcc.gov or call
AGENCY: Federal Communications document is available for inspection the Consumer & Governmental Affairs
Commission. and copying during normal business Bureau at 202–418–0530 (voice), 202–
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
ACTION: Proposed rule. hours in the FCC Reference Center, 445 418–0432 (tty).
12th Street SW., Washington, DC 20554.
SUMMARY: In this document, the The full text may also be downloaded Ex Parte Rules
Commission seeks comment on three at: www.fcc.gov. Alternative formats are This proceeding shall continue to be
specific issues related to the available to persons with disabilities by treated as a ‘‘permit-but-disclose’’
establishment of a new Citizens sending an email to fcc504@fcc.gov or proceeding in accordance with the
Broadband Radio Service in the 3550– by calling the Consumer & Commission’s ex parte rules. See 47
3700 MHz band (3.5 GHz Band). These Governmental Affairs Bureau at 202– CFR 1.1200 et seq. Persons making ex
issues are: Defining ‘‘use’’ of Priority 418–0530 (voice), 202–418–0432 (tty). parte presentations must file a copy of
VerDate Sep<11>2014 16:22 Jun 12, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\15JNP1.SGM 15JNP1](https://thefederalregister.org/doc/80_FR_34227/page/7.svg)
Document Created: 2015-12-15 15:14:06
Document Modified: 2015-12-15 15:14:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Submit comments by July 15, 2015. BSEE may not fully consider comments received after this date. | |
| Contact | Kelly Odom, BSEE, Regulations and | |
| FR Citation | 80 FR 34113 | |
| RIN Number | 1014-AA13 | |
| CFR Associated | Continental Shelf; Environmental Impact Statements; Environmental Protection; Government Contracts; Incorporation by Reference; Investigations; Mineral Royalties; Oil and Gas Development and Production; Oil and Gas Exploration; Oil and Gas Reserves; Penalties; Pipelines; Reporting and Recordkeeping Requirements; Sulphur Development and Production and Sulphur Exploration |
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