80 FR 75806 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Decommissioning Costs

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

Federal Register Volume 80, Issue 233 (December 4, 2015)

Page Range		75806-75811
FR Document		2015-30585

This rule amends the regulations to require lessees and owners of operating rights to submit summaries of actual decommissioning expenditures incurred after completion of certain decommissioning activities for oil and gas and sulphur operations on the Outer Continental Shelf. This information will help BSEE to better estimate future decommissioning costs related to OCS leases, rights-of- way, and rights of use and easement.

Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)

[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75806-75811]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-30585]

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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2015-0012; 15XE1700DX EEEE500000 EX1SF0000.DAQ000]
RIN 1014-AA24

Oil and Gas and Sulphur Operations in the Outer Continental
Shelf--Decommissioning Costs

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations to require lessees and
owners of operating rights to submit summaries of actual
decommissioning expenditures incurred after completion of certain
decommissioning activities for oil and gas and sulphur operations on
the Outer Continental Shelf. This information will help BSEE to better
estimate future decommissioning costs related to OCS leases, rights-of-
way, and rights of use and easement.

DATES: This final rule becomes effective on January 4, 2016.

FOR FURTHER INFORMATION CONTACT: Lakeisha Harrison, Chief, Regulations
and Standards Branch, Lakeisha.Harrison@bsee.gov, (703) 787-1552.

SUPPLEMENTARY INFORMATION:

Table of Contents

Executive Summary
I. Background
II. What This Final Rule Covers
III. Differences Between Proposed Rule and Final Rule
IV. Comments and Responses
V. Procedural Matters

Executive Summary

This final rule requires lessees and owners of operating rights
(collectively, ``lessees'') to submit to the Bureau of Safety and
Environmental Enforcement (BSEE) summaries of actual expenditures for
decommissioning of wells, platforms and other facilities on the Outer
Continental Shelf (OCS) that are required under BSEE's existing
regulations. This information will help BSEE to better estimate future
decommissioning costs related to OCS leases, rights-of-way, and rights
of use and easement. The Bureau of Ocean Energy Management (BOEM) may
then use BSEE's future decommissioning cost estimates to set necessary
financial assurance levels to minimize or eliminate the possibility
that the government will incur decommissioning liability.
In a proposed rule published on May 27, 2009, the Minerals
Management Service (BSEE's predecessor agency) proposed to require
lessees to submit information (including supporting documentation)
regarding expenditures actually incurred for certain mandatory
decommissioning activities within 30 days of completion of each
activity. Based on BSEE's review of public comments on the proposed
rule, the final rule generally requires only certified summaries of the
actual expenditures (without other supporting documentation) for those
decommissioning activities and extends the time period for submission
of such reports to 120 days after completion of each such activity.
BSEE may, however, require additional supporting information for
specific decommissioning costs on a case-by-case basis.

I. Background

On May 27, 2009, the former Minerals Management Service (MMS)
published a Notice of Proposed Rulemaking in the Federal Register
(Leasing of Sulphur or Oil and Gas and Bonding Requirements in the
Outer Continental Shelf) in order to update and streamline the existing
OCS leasing regulations under the Outer Continental Shelf Lands Act
(OCSLA) and to clarify implementation of the Federal Oil and Gas
Royalty Simplification and Fairness Act of 1996 (see 74 FR 25177). In
2010 and 2011, the Secretary of the Interior (Secretary) reorganized
MMS into three bureaus: BSEE, BOEM, and the Office of Natural Resources
Revenue. The Secretary then delegated to BSEE certain responsibilities
under OCSLA that were formerly held by MMS, including responsibilities
for overseeing decommissioning.\1\ BSEE's primary purpose as an agency
is to promote safety, protect the environment, and ensure responsible
development and conservation of offshore oil and natural gas resources
through vigorous regulatory oversight and enforcement.
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\1\ For convenience, hereafter we use the term ``BSEE'' rather
than ``MMS'' in this document, where appropriate, when referring to
past actions of MMS.
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This final rule completes the rulemaking for one of the issues
covered by the proposed rule that is now under BSEE's authority.
Specifically, this final rule addresses the proposed requirement that
lessees submit information regarding actual expenditures incurred for
certain decommissioning activities required under the existing
regulations.
The other issues covered by the proposed rule now under BSEE's
authority include proposed consolidation of mechanisms for maintaining
and extending leases past their primary terms and a proposed
requirement for submittal of pipeline-related reports after approval of
an assignment or change of designated operator (see 74 FR 25177-25178).
BSEE may issue a final rule in the future regarding the proposed
consolidation of mechanisms for extending and maintaining leases beyond
their primary terms. Similarly, BSEE will decide at a later date
whether to finalize the proposed pipeline report requirement or to
address that issue again, potentially in a broader rulemaking under 30
CFR part 250, Subpart J--Pipelines and Pipeline Rights-of-Way.
Therefore, these two issues are not included in this final rule. In
addition, this final rule does not include sections of the proposed
rule that now fall under BOEM's authority.

II. What This Final Rule Covers

This final rule revises portions of BSEE's regulations at 30 CFR
part 250, Subpart Q--Decommissioning Activities. Specifically, the
final rule requires lessees to submit certified summaries of actual
decommissioning expenditures incurred for certain decommissioning
activities that are required under Subpart Q (i.e., plugging and
abandonment of wells, removal of platforms and other facilities, and
site clearance) \2\ within 120 days of completion of each such
activity. This information will help BSEE better estimate future
decommissioning costs related to OCS leases, rights-of-way, and rights
of use and easement. BSEE's decommissioning cost estimates may then be
used by BOEM to set financial assurance levels necessary to minimize

[[Page 75807]]

or eliminate the possibility that the government will incur
decommissioning liability.
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\2\ For example, Sec. Sec. 250.1710 and 250.1711 require wells
to be plugged within a year after termination of a lease or when
ordered by BSEE, respectively. Section 250.1725 requires platforms
and other facilities to be removed within a year of termination of a
lease unless the lessee has received approval to maintain the
facility to conduct other activities. Section 250.1740 requires
verification that a site has been cleared of obstructions within 60
days after a well has been plugged or a platform or other facility
has been removed.
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The proposed rule would have added new reporting provisions to
three separate existing regulatory provisions--Sec. Sec. 250.1717,
250.1729 and 250.1743--that require submission of decommissioning
information (including supporting documentation) regarding well
plugging and abandonment, removal of platforms and other facilities,
and site clearance, respectively. BSEE has determined, however, that
adding the decommissioning cost reporting requirements to three
separate sections would be unnecessarily redundant and potentially
confusing. Therefore, this final rule adds two new paragraphs--(h) and
(i)--containing the decommissioning cost reporting requirements to the
existing Sec. 250.1704, which already provides other decommissioning
applications and reporting requirements. This approach is intended to
prevent unnecessary repetition and to provide for consistent cost
reporting procedures for all of the specified decommissioning
activities.

III. Differences Between Proposed Rule and Final Rule

The following is a discussion of differences between the proposed
rule and the final rule with regard to 30 CFR part 250.
Subpart Q--Decommissioning Activities--The proposed rule would have
amended Sec. Sec. 250.1717, 250.1729 and 250.1743 to require
submission of information, including supporting documentation, on
expenditures for the decommissioning activities previously described in
parts II and III. Instead of amending those sections, however, the
final rule adds new paragraphs (h) and (i) to Sec. 250.1704. Those new
paragraphs require a lessee to submit to BSEE, after completing the
specified decommissioning activities, a certified summary of actual
decommissioning expenditures and, if requested by the Regional
Supervisor, additional information to support the summary. The addition
of paragraphs (h) and (i) to Sec. 250.1704 eliminates the need to
insert repetitive language in Sec. Sec. 250.1717, 250.1729, and
250.1743, and results in a more consolidated regulation, with
consistent reporting procedures applicable to all of the specified
decommissioning activities.
Under the proposed rule, BSEE would have expected supporting
documentation to include a statement certifying the truth and accuracy
of the reported costs. The final rule addresses that expectation, and
eliminates any potential ambiguity, by expressly requiring that cost
summaries include such a certification statement.
In addition, after consideration of comments received regarding
potential burdens on lessees from the proposed requirement for
submission of supporting documentation for each expenditure, the final
rule requires that lessees submit, to the appropriate BSEE Regional
Supervisor, only a certified summary of decommissioning
expenditures.\3\ The final rule requires additional supporting
information only if the appropriate Regional Supervisor specifically
requires it on a case-by-case basis.
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\3\ As a practical matter, BSEE recognizes that a designated
operator may submit the required summary of decommissioning costs on
behalf of a lessee.
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Finally, based on BSEE's review of the comments on the proposed
rule, the final rule requires that lessees submit the summary of actual
decommissioning costs within 120 days of completion of those
decommissioning activities, instead of the proposed requirement for
reporting within 30 days. BSEE has determined that 120 days constitutes
a more appropriate period for lessees to collect, summarize, and submit
this information.

IV. Comments and Responses

In response to the proposed rule, BSEE received three comments, all
from representatives of the offshore oil and gas industry, related to
the provisions for reporting costs of decommissioning activities. The
full text of the relevant comments can be viewed at:
www.regulations.gov. To access those comments, enter MMS-2007-OMM-0069
in the Search box. A summary of the comments, with BSEE's responses,
follows.
Comment: One industry commenter stated that the proposed addition
of Sec. Sec. 250.1717(e), 250.1729(d), and 250.1743(b)(8) to the
regulations, requiring submittal of actual expenditures for every
instance of site clearance, platform removal and well plugging, would
be unduly burdensome in light of the potential benefits. The commenter
stated that, while BSEE may need some access to accurate
decommissioning cost data, there are alternatives available to obtain
the same information, although the commenter did not state what those
alternatives might be. The commenter also asserted that the proposed
provisions gave no guidance as to exactly what expenditures should be
included from an accounting perspective, and that the proposal to
require each lessee to account for such expenses separately would
diminish the usefulness of the information provided to BSEE. The
commenter also stated that lessees are willing to work with BSEE on a
case-by-case basis to provide specific cost information as necessary.
Finally, the commenter stated that, to the extent any trade secret, or
confidential or proprietary information might be included in
submissions to BSEE, the proposed rule did not include a mechanism to
protect that information from disclosure.
Response: Contrary to the commenter's assertion, BSEE does not have
ready access to other sources of information for actual expenditures
incurred for decommissioning activities. As previously explained, BSEE
needs and will use decommissioning cost data to estimate future
decommissioning costs, which BOEM will use to set the amount of
required bonds and other forms of financial security. However, while
the final rule provides that a lessee must report actual
decommissioning expenditures incurred for the specified decommissioning
activities, it now requires, in general, that the lessee submit only a
summary of such expenditures rather than specific supporting
documentation for each expenditure. The information needed to prepare
such a summary is readily available to industry as a matter of business
practice, and supplying this summary information does not constitute an
unreasonable burden.
In addition, the final rule provides examples of activities
(including, but not limited to, expenses incurred for the use of rigs,
vessels, equipment, supplies and materials, transportation of any kind,
personnel, and services) associated with the specified decommissioning
activities for which summaries of actual expenditures incurred must be
submitted.
While the final rule does not include the proposed requirement to
submit supporting documentation for each decommissioning expenditure,
the final rule provides that BSEE may request additional information on
a case-by-case basis to support the summary, as suggested by the
commenter. However, in such cases, BSEE will minimize the burden by
working directly with the lessee to determine what specific supporting
information is required.\4\ In

[[Page 75808]]

addition, by working together on a case-by-case basis whenever
supporting information is requested, BSEE and the lessee can help
reduce the need to submit any confidential information. Any
confidential information that is provided will be handled in accordance
with the Freedom of Information Act (FOIA) (5 U.S.C. 552), the
Department of the Interior's (DOI's) FOIA regulations (43 CFR part 2),
and section 26 of OCSLA, 43 U.S.C. 1352.
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\4\ Although BSEE does not anticipate that such supporting
information will be needed often, there may be situations (e.g.,
when a lessee's summary reflects decommissioning expenditures
substantially higher or lower than other lessees' summaries for
similar activities in the same area) where additional supporting
information would be appropriate.
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Comment: Another commenter also stated that the proposed
requirement to submit all ``expenses'' with ``supporting
documentation'' would impose a significant burden. Further, the
commenter observed that since the proposed rule provided no guidelines
on what constitutes an ``expense,'' BSEE likely would receive
inconsistent reporting from lessees. The commenter's preference is for
BSEE to work directly with lessees to develop specific information
requirements and to allow the lessees to exclude confidential or
proprietary information.
Response: As previously explained, BSEE needs information regarding
actual decommissioning expenditures incurred by lessees in order to
appropriately estimate future costs and minimize the government's risk
of potential decommissioning liability. However, since the final rule
typically will require only a summary of actual decommissioning
expenditures, the overall potential burden on lessees will likely be
less than under the proposed rule, and the summary will be less likely
to reflect confidential or proprietary information. In addition, as
suggested by two commenters, BSEE will work directly with lessees on a
case-by-case basis, as necessary, whenever additional supporting
information may be required in order to avoid or minimize the potential
need for submission of any confidential information.
Finally, since the final rule now lists several examples of the
types of expenditures that must be included in the summaries, and since
BSEE will work with individual lessees to determine what additional
supporting information, if any, is needed in specific cases, the
possibility of inconsistent reporting suggested by the commenter will
be minimized. In addition, BSEE expects to issue further guidance to
assist lessees in preparing expenditure summaries, such as using cost
classifications and accounting methods consistent with current OCS
joint interest summary form billing standards and practices.
Comment: A third commenter stated that BSEE did not need cost data
with supporting documentation to help assess bonding requirements.
Rather, the commenter suggested that BSEE could request operators to
certify the cost information instead of requiring supporting
documentation.
Response: As suggested by the commenter, instead of requiring
supporting information in every case, the final rule requires that a
lessee submit only a summary of its decommissioning costs, with a
certification statement by an authorized company representative.
Additional supporting information is required only when the Regional
Supervisor requests such information on a case-by-case basis.

V. 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 final 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 will 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 will not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
--It will 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.

Accordingly, BSEE has not prepared an economic analysis, and OIRA
has not reviewed this 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. 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. BSEE developed this rule in a manner consistent with
these requirements.

Regulatory Flexibility Act (RFA)

BSEE certifies that this final rule will not have a significant
economic effect on a substantial number of small entities under the RFA
(5 U.S.C. 601 et seq.). This rule potentially affects offshore lessees
who perform decommissioning activities under 30 CFR part 250. This
could include about 130 active companies. Offshore lessees 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 companies are considered small. Thus, this final rule would
affect a substantial number of small entities.
However, because the final rule requires only summary reports of
actual expenditures related to performance of decommissioning
activities, it will not impose significant new costs or burdens on
offshore oil and gas companies. Accordingly, this rule will not have a
significant economic effect on a substantial number of small entities,
and BSEE is not required by the RFA to prepare a regulatory flexibility
analysis for this 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.

[[Page 75809]]

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This rule is not a major rule under the SBREFA (5 U.S.C. 801 et
seq.). This rule will 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 rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule also will 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 (2 U.S.C. 1531 et seq.) is not required.

Takings Implication Assessment (Executive Order 12630)

Under the criteria in Executive Order 12630, this rule will not
have significant takings implications. The rule is not a governmental
action capable of interference with constitutionally protected property
rights. Therefore, a Takings Implication Assessment is not required.

Federalism (Executive Order 13132)

Under the criteria in Executive Order 13132, this rule does not
have federalism implications. This rule does 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 rule does not affect that role. Accordingly, a
Federalism Assessment is not required.

Civil Justice Reform (Executive Order 12988)

This rule complies with the requirements of Executive Order 12988
(E.O. 12988), Civil Justice Reform (February 7, 1996). Specifically,
this rule:

--Meets the criteria of section 3(a) of E.O. 12988 requiring that all
regulations be reviewed to eliminate drafting errors and ambiguity and
be written to minimize litigation; and
--Meets 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 Tribal Governments (Executive Order 13175)

We have evaluated this rule under the Department's tribal
consultation policy and under the criteria in Executive Order 13175 and
have determined that it has no substantial direct effects on federally
recognized Indian tribes, or on the relationship or distribution of
power and responsibilities between the Federal Government and Indian
tribes, and that consultation under the Department's tribal
consultation policy is not required.

Paperwork Reduction Act (PRA)

This rule contains new information collection (IC) requirements and
submission to the OMB under the PRA of 1995 (44 U.S.C. 3501 et seq.) is
required. The OMB has approved the IC in this rule under OMB Control
Number 1014-0029, expiration November 30, 2018. We estimate the annual
burden associated with this IC to be 820 hours per year.
The title of the collection of information for this rule is 30 CFR
part 250, subpart Q, Decommissioning Costs. Potential respondents
include approximately 130 OCS lessees. Responses to this collection are
mandatory. The frequency of response is on occasion. The IC does not
include questions of a sensitive nature. BSEE will protect confidential
commercial and proprietary information according to section 26 of OCSLA
(43 U.S.C. 1352), FOIA (5 U.S.C. 552) and DOI's implementing
regulations (43 CFR part 2), and according to 30 CFR 250.197 (Data and
information to be made available to the public or for limited
inspection). Once the requirements of this rulemaking have been
codified, BSEE will consolidate these additional burden hours into the
primary collection for 30 CFR part 250, Subpart Q, under OMB Control
Number 1014-0010 (expiration 10/31/16; 29,437 burden hours and
$2,152,644 non-hour cost burdens).
We received three comments stating that the proposed requirements
would impose a significant burden. Although we reduced the regulatory
requirements for this final rule, as previously described, we felt it
was prudent to use the same number of burden hours as in the proposed
rule. We will adjust the burden hours accordingly in the IC renewal
when industry has had enough experience with the final rule to
determine the actual burden associated with these requirements. Also,
based on comments received, there are some regulatory text revisions,
which consist of the following. The final rule:

--Requires lessees to submit to BSEE only a summary of actual
decommissioning expenditures incurred for each decommissioning activity
(unless additional information is specifically required by the BSEE
Regional Supervisor on a case-by-case basis); and
--Changes the summary submission period from 30 days to 120 days after
completion of each decommissioning activity, giving industry more time
to comply.

There are no non-hour cost burdens associated with this rulemaking.
The following table is a breakdown of the burden estimate:

Burden Table
----------------------------------------------------------------------------------------------------------------
Reporting and
Citation 30 CFR 250 recordkeeping Hour burden Average number of Annual burden
requirements annual responses hours
----------------------------------------------------------------------------------------------------------------
Proposed 250.1717(e); 1729(d); Submit to the Regional 1 820 summaries/ 820
1743(b)(8). Supervisor, within 120 additional info.
Final 250.1704(h), (i)........... days after completion
of each identified
decommissioning
activity, a summary of
expenditures incurred
and subsequently, if
requested, any
additional information
that will support and/
or verify the summary.
----------------------------------------------------------------------------------------------------------------
Final 250.1704(h)................ Submit certified Exempt from the PRA under 5 CFR 0
statement attesting to 1320.3(h)(1).
accuracy of
expenditures incurred
data.
----------------------------------------------------

[[Page 75810]]

Total........................ ........................ .............. 820................ 820
----------------------------------------------------------------------------------------------------------------

An agency may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The public may comment at any time on the
accuracy of the IC burden in this rule and may submit any comments to
the Department of the Interior, Bureau of Safety and Environmental
Enforcement, Attention: Regulations and Standards Branch, VA-ORP, 45600
Woodland Road, Sterling, VA 20166.

National Environmental Policy Act of 1969 (NEPA)

This rule meets the criteria set forth in 43 CFR 46.210(i) and 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 or economic effects with minimal
environmental impacts.
We also analyzed this rule to determine if it involves 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 rule, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(44 U.S.C. 3516 et seq., Public Law 106-554, app. C Sec. 515, 114
Stat. 2763, 2763A-153-154).

Effects on the Nation's Energy Supply (Executive Order 13211)

This rule is not a significant energy action under Executive Order
13211 (E.O. 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.

List of Subjects in 30 CFR Part 250

Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection,
Investigations, Oil and gas exploration, Penalties, Reporting and
recordkeeping requirements, Sulphur.

Dated: August 28, 2015.
Janice M. Schneider,
Assistant Secretary, Land and Minerals Management.

Editorial note: This document was received for publication by
the Office of Federal Register on November 30, 2015.

For the reasons stated in the preamble, BSEE amends 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. 250.1704 by revising the section heading and the
introductory text, and by adding new paragraphs (h) and (i) to the
Decommissioning Applications and Reports Table, to read as follows:

Sec. 250.1704 What decommissioning applications and reports must I
submit and when must I submit them?

You must submit decommissioning applications, receive approval of
those applications, and submit subsequent reports according to the
requirements and deadlines in the following table.
* * * * *

Decommissioning Applications and Reports Table
------------------------------------------------------------------------
Decommissioning applications
and reports When to submit Instructions
------------------------------------------------------------------------

* * * * * * *
(h) A certified summary of Within 120 days Submit to the
expenditures for permanently after completion Regional Supervisor
plugging any well, removal of of each a complete summary
any platform or other decommissioning of expenditures
facility, and clearance of activity actually incurred
any site after wells have specified in for each
been plugged or platforms or this paragraph. decommissioning
facilities removed. activity (including,
but not limited to,
the use of rigs,
vessels, equipment,
supplies and
materials;
transportation of
any kind; personnel;
and services).
Include in, or
attach to, the
summary a certified
statement by an
authorized
representative of
your company
attesting to the
truth, accuracy and
completeness of the
summary. The
Regional Supervisor
may provide specific
instructions or
guidance regarding
how to submit the
certified summary.
(i) If requested by the Within a The Regional
Regional Supervisor, reasonable time Supervisor will
additional information in as determined by review the summary
support of any the Regional and may provide
decommissioning activity Supervisor. specific
expenditures included in a instructions or
summary submitted under guidance regarding
paragraph (h) of this section. the submission of
additional
information
(including, but not
limited to, copies
of contracts and
invoices), if
requested, to
complete or
otherwise support
the summary.
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[[Page 75811]]

[FR Doc. 2015-30585 Filed 12-3-15; 8:45 am]
BILLING CODE 4310-VH-P

75806 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations

Dated: November 13, 2015. are required under BSEE’s existing gas resources through vigorous
Harriet Tregoning, regulations. This information will help regulatory oversight and enforcement.
Principal Deputy Assistant Secretary for BSEE to better estimate future This final rule completes the
Community Planning and Development. decommissioning costs related to OCS rulemaking for one of the issues covered
Dated: Approved on November 24, 2015. leases, rights-of-way, and rights of use by the proposed rule that is now under
and easement. The Bureau of Ocean BSEE’s authority. Specifically, this final
Nani A. Coloretti,
Energy Management (BOEM) may then rule addresses the proposed
Deputy Secretary. requirement that lessees submit
use BSEE’s future decommissioning cost
[FR Doc. 2015–30473 Filed 12–3–15; 8:45 am] information regarding actual
estimates to set necessary financial
BILLING CODE 4210–67–P assurance levels to minimize or expenditures incurred for certain
eliminate the possibility that the decommissioning activities required
government will incur decommissioning under the existing regulations.
DEPARTMENT OF THE INTERIOR liability. The other issues covered by the
In a proposed rule published on May proposed rule now under BSEE’s
Bureau of Safety and Environmental 27, 2009, the Minerals Management authority include proposed
Enforcement Service (BSEE’s predecessor agency) consolidation of mechanisms for
proposed to require lessees to submit maintaining and extending leases past
30 CFR Part 250 information (including supporting their primary terms and a proposed
[Docket ID: BSEE–2015–0012; 15XE1700DX documentation) regarding expenditures requirement for submittal of pipeline-
EEEE500000 EX1SF0000.DAQ000] actually incurred for certain mandatory related reports after approval of an
decommissioning activities within 30 assignment or change of designated
RIN 1014–AA24 operator (see 74 FR 25177–25178). BSEE
days of completion of each activity.
Based on BSEE’s review of public may issue a final rule in the future
Oil and Gas and Sulphur Operations in
comments on the proposed rule, the regarding the proposed consolidation of
the Outer Continental Shelf— mechanisms for extending and
Decommissioning Costs final rule generally requires only
certified summaries of the actual maintaining leases beyond their primary
AGENCY: Bureau of Safety and expenditures (without other supporting terms. Similarly, BSEE will decide at a
Environmental Enforcement, Interior. documentation) for those later date whether to finalize the
ACTION: Final rule. decommissioning activities and extends proposed pipeline report requirement or
the time period for submission of such to address that issue again, potentially
SUMMARY: This rule amends the reports to 120 days after completion of in a broader rulemaking under 30 CFR
regulations to require lessees and each such activity. BSEE may, however, part 250, Subpart J—Pipelines and
owners of operating rights to submit Pipeline Rights-of-Way. Therefore, these
require additional supporting
summaries of actual decommissioning two issues are not included in this final
information for specific
expenditures incurred after completion rule. In addition, this final rule does not
decommissioning costs on a case-by-
of certain decommissioning activities include sections of the proposed rule
case basis.
for oil and gas and sulphur operations that now fall under BOEM’s authority.
on the Outer Continental Shelf. This I. Background
II. What This Final Rule Covers
information will help BSEE to better On May 27, 2009, the former Minerals
estimate future decommissioning costs This final rule revises portions of
Management Service (MMS) published a BSEE’s regulations at 30 CFR part 250,
related to OCS leases, rights-of-way, and Notice of Proposed Rulemaking in the
rights of use and easement. Subpart Q—Decommissioning
Federal Register (Leasing of Sulphur or Activities. Specifically, the final rule
DATES: This final rule becomes effective Oil and Gas and Bonding Requirements requires lessees to submit certified
on January 4, 2016. in the Outer Continental Shelf) in order summaries of actual decommissioning
FOR FURTHER INFORMATION CONTACT: to update and streamline the existing expenditures incurred for certain
Lakeisha Harrison, Chief, Regulations OCS leasing regulations under the Outer decommissioning activities that are
and Standards Branch, Continental Shelf Lands Act (OCSLA) required under Subpart Q (i.e., plugging
Lakeisha.Harrison@bsee.gov, (703) 787– and to clarify implementation of the and abandonment of wells, removal of
1552. Federal Oil and Gas Royalty platforms and other facilities, and site
SUPPLEMENTARY INFORMATION: Simplification and Fairness Act of 1996 clearance) 2 within 120 days of
(see 74 FR 25177). In 2010 and 2011, the completion of each such activity. This
Table of Contents Secretary of the Interior (Secretary) information will help BSEE better
Executive Summary reorganized MMS into three bureaus: estimate future decommissioning costs
I. Background BSEE, BOEM, and the Office of Natural related to OCS leases, rights-of-way, and
II. What This Final Rule Covers Resources Revenue. The Secretary then
III. Differences Between Proposed Rule and rights of use and easement. BSEE’s
delegated to BSEE certain decommissioning cost estimates may
Final Rule responsibilities under OCSLA that were
IV. Comments and Responses then be used by BOEM to set financial
V. Procedural Matters
formerly held by MMS, including assurance levels necessary to minimize
responsibilities for overseeing
Executive Summary decommissioning.1 BSEE’s primary 2 For example, §§ 250.1710 and 250.1711 require

This final rule requires lessees and purpose as an agency is to promote wells to be plugged within a year after termination
owners of operating rights (collectively, safety, protect the environment, and of a lease or when ordered by BSEE, respectively.
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ensure responsible development and Section 250.1725 requires platforms and other
‘‘lessees’’) to submit to the Bureau of facilities to be removed within a year of termination
Safety and Environmental Enforcement conservation of offshore oil and natural of a lease unless the lessee has received approval
(BSEE) summaries of actual to maintain the facility to conduct other activities.
1 For convenience, hereafter we use the term Section 250.1740 requires verification that a site has
expenditures for decommissioning of ‘‘BSEE’’ rather than ‘‘MMS’’ in this document, been cleared of obstructions within 60 days after a
wells, platforms and other facilities on where appropriate, when referring to past actions of well has been plugged or a platform or other facility
the Outer Continental Shelf (OCS) that MMS. has been removed.

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75808 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations

addition, by working together on a case- interest summary form billing standards approaches that reduce burdens and
by-case basis whenever supporting and practices. maintain flexibility and freedom of
information is requested, BSEE and the Comment: A third commenter stated choice for the public where these
lessee can help reduce the need to that BSEE did not need cost data with approaches are relevant, feasible, and
submit any confidential information. supporting documentation to help consistent with regulatory objectives. It
Any confidential information that is assess bonding requirements. Rather, also emphasizes that regulations must
provided will be handled in accordance the commenter suggested that BSEE be based on the best available science
with the Freedom of Information Act could request operators to certify the and that the rulemaking process must
(FOIA) (5 U.S.C. 552), the Department of cost information instead of requiring allow for public participation and an
the Interior’s (DOI’s) FOIA regulations supporting documentation. open exchange of ideas. BSEE
(43 CFR part 2), and section 26 of Response: As suggested by the
developed this rule in a manner
OCSLA, 43 U.S.C. 1352. commenter, instead of requiring
supporting information in every case, consistent with these requirements.
Comment: Another commenter also
stated that the proposed requirement to the final rule requires that a lessee Regulatory Flexibility Act (RFA)
submit all ‘‘expenses’’ with ‘‘supporting submit only a summary of its
documentation’’ would impose a decommissioning costs, with a BSEE certifies that this final rule will
significant burden. Further, the certification statement by an authorized not have a significant economic effect
commenter observed that since the company representative. Additional on a substantial number of small entities
proposed rule provided no guidelines supporting information is required only under the RFA (5 U.S.C. 601 et seq.).
on what constitutes an ‘‘expense,’’ BSEE when the Regional Supervisor requests This rule potentially affects offshore
likely would receive inconsistent such information on a case-by-case lessees who perform decommissioning
reporting from lessees. The commenter’s basis. activities under 30 CFR part 250. This
preference is for BSEE to work directly V. Procedural Matters could include about 130 active
with lessees to develop specific companies. Offshore lessees fall under
information requirements and to allow Regulatory Planning and Review the Small Business Administration’s
the lessees to exclude confidential or (Executive Orders 12866 and 13563) North American Industry Classification
proprietary information. Executive Order 12866 (E.O. 12866) System (NAICS) codes 211111 (Crude
Response: As previously explained, provides that the Office of Management Petroleum and Natural Gas Extraction)
BSEE needs information regarding and Budget (OMB), Office of and 213111 (Drilling Oil and Gas Wells).
actual decommissioning expenditures Information and Regulatory Affairs For these NAICS code classifications, a
incurred by lessees in order to (OIRA), will review all significant rules. small company is one with fewer than
appropriately estimate future costs and BSEE has determined that this final rule 500 employees. Based on these criteria,
minimize the government’s risk of is not a significant regulatory action as an estimated 90 (or 69 percent) of the
potential decommissioning liability. defined by section 3(f) of E.O. 12866 active companies are considered small.
However, since the final rule typically because: Thus, this final rule would affect a
will require only a summary of actual —It is not expected to have an annual substantial number of small entities.
decommissioning expenditures, the effect on the economy of $100 million
overall potential burden on lessees will However, because the final rule
or more;
likely be less than under the proposed —It will not adversely affect in a requires only summary reports of actual
rule, and the summary will be less material way the economy, expenditures related to performance of
likely to reflect confidential or productivity, competition, jobs, the decommissioning activities, it will not
proprietary information. In addition, as environment, public health or safety, impose significant new costs or burdens
suggested by two commenters, BSEE or State, local, or tribal governments on offshore oil and gas companies.
will work directly with lessees on a or communities; Accordingly, this rule will not have a
case-by-case basis, as necessary, —It will not create a serious significant economic effect on a
whenever additional supporting inconsistency or otherwise interfere substantial number of small entities,
information may be required in order to with an action taken or planned by and BSEE is not required by the RFA to
avoid or minimize the potential need for another agency; prepare a regulatory flexibility analysis
submission of any confidential —It will not alter the budgetary impact for this rule.
information. of entitlements, grants, user fees, or
Your comments are important. The
Finally, since the final rule now lists loan programs, or the rights or
Small Business and Agriculture
several examples of the types of obligations of their recipients; and
—It does not raise novel legal or policy Regulatory Enforcement Ombudsman
expenditures that must be included in
issues arising out of legal mandates, and 10 Regional Fairness Boards were
the summaries, and since BSEE will
the President’s priorities, or the established to receive comments from
work with individual lessees to
principles set forth in E.O. 12866. small businesses about Federal agency
determine what additional supporting
information, if any, is needed in specific Accordingly, BSEE has not prepared enforcement actions. The Ombudsman
cases, the possibility of inconsistent an economic analysis, and OIRA has not will annually evaluate the enforcement
reporting suggested by the commenter reviewed this rule. activities and rate each agency’s
will be minimized. In addition, BSEE Executive Order 13563 (E.O. 13563) responsiveness to small business. If you
expects to issue further guidance to reaffirms the principles of E.O. 12866 wish to comment on the actions of
assist lessees in preparing expenditure while calling for improvements in the BSEE, call 1–888–734–3247. You may
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summaries, such as using cost Nation’s regulatory system to promote comment to the Small Business
classifications and accounting methods predictability, to reduce uncertainty, Administration (SBA) without fear of
consistent with current OCS joint and to use the best, most innovative, retaliation. Allegations of
and least burdensome tools for discrimination/retaliation filed with the
where additional supporting information would be achieving regulatory ends. E.O. 13563 SBA will be investigated for appropriate
appropriate. directs agencies to consider regulatory action.

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Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75809

Small Business Regulatory Enforcement affect that role. Accordingly, a on occasion. The IC does not include
Fairness Act (SBREFA) Federalism Assessment is not required. questions of a sensitive nature. BSEE
will protect confidential commercial
This rule is not a major rule under the Civil Justice Reform (Executive Order
and proprietary information according
SBREFA (5 U.S.C. 801 et seq.). This rule 12988)
to section 26 of OCSLA (43 U.S.C.
will not: This rule complies with the 1352), FOIA (5 U.S.C. 552) and DOI’s
—Have an annual effect on the economy requirements of Executive Order 12988 implementing regulations (43 CFR part
of $100 million or more; (E.O. 12988), Civil Justice Reform 2), and according to 30 CFR 250.197
—Cause a major increase in costs or (February 7, 1996). Specifically, this (Data and information to be made
prices for consumers, individual rule: available to the public or for limited
industries, Federal, State, or local —Meets the criteria of section 3(a) of inspection). Once the requirements of
government agencies, or geographic E.O. 12988 requiring that all this rulemaking have been codified,
regions; or regulations be reviewed to eliminate BSEE will consolidate these additional
—Have significant adverse effects on drafting errors and ambiguity and be burden hours into the primary
competition, employment, written to minimize litigation; and collection for 30 CFR part 250, Subpart
investment, productivity, innovation, —Meets the criteria of section 3(b)(2) of Q, under OMB Control Number 1014–
or the ability of U.S.-based enterprises E.O. 12988 requiring that all 0010 (expiration 10/31/16; 29,437
to compete with foreign-based regulations be written in clear burden hours and $2,152,644 non-hour
enterprises. language and contain clear legal cost burdens).
standards. We received three comments stating
Unfunded Mandates Reform Act of 1995
Consultation With Indian Tribal that the proposed requirements would
This rule does not impose an Governments (Executive Order 13175) impose a significant burden. Although
unfunded mandate on State, local, or we reduced the regulatory requirements
We have evaluated this rule under the
tribal governments or the private sector for this final rule, as previously
Department’s tribal consultation policy
of more than $100 million per year. The described, we felt it was prudent to use
and under the criteria in Executive
rule also will not have a significant or the same number of burden hours as in
Order 13175 and have determined that
unique effect on state, local, or tribal the proposed rule. We will adjust the
it has no substantial direct effects on
governments or the private sector. Thus, burden hours accordingly in the IC
federally recognized Indian tribes, or on
a statement containing the information the relationship or distribution of power renewal when industry has had enough
required by the Unfunded Mandates and responsibilities between the Federal experience with the final rule to
Reform Act (2 U.S.C. 1531 et seq.) is not Government and Indian tribes, and that determine the actual burden associated
required. consultation under the Department’s with these requirements. Also, based on
Takings Implication Assessment tribal consultation policy is not comments received, there are some
(Executive Order 12630) required. regulatory text revisions, which consist
of the following. The final rule:
Under the criteria in Executive Order Paperwork Reduction Act (PRA)
—Requires lessees to submit to BSEE
12630, this rule will not have significant This rule contains new information only a summary of actual
takings implications. The rule is not a collection (IC) requirements and decommissioning expenditures
governmental action capable of submission to the OMB under the PRA incurred for each decommissioning
interference with constitutionally of 1995 (44 U.S.C. 3501 et seq.) is activity (unless additional
protected property rights. Therefore, a required. The OMB has approved the IC information is specifically required by
Takings Implication Assessment is not in this rule under OMB Control Number the BSEE Regional Supervisor on a
required. 1014–0029, expiration November 30, case-by-case basis); and
Federalism (Executive Order 13132) 2018. We estimate the annual burden
—Changes the summary submission
associated with this IC to be 820 hours
Under the criteria in Executive Order period from 30 days to 120 days after
per year.
13132, this rule does not have The title of the collection of completion of each decommissioning
federalism implications. This rule does information for this rule is 30 CFR part activity, giving industry more time to
not substantially and directly affect the 250, subpart Q, Decommissioning Costs. comply.
relationship between the Federal and Potential respondents include There are no non-hour cost burdens
State governments. To the extent that approximately 130 OCS lessees. associated with this rulemaking. The
State and local governments have a role Responses to this collection are following table is a breakdown of the
in OCS activities, this rule does not mandatory. The frequency of response is burden estimate:

BURDEN TABLE
Average number of Annual burden
Citation 30 CFR 250 Reporting and recordkeeping requirements Hour burden annual responses hours

Proposed 250.1717(e); Submit to the Regional Supervisor, within 120 days 1 820 summaries/ additional 820
1729(d); 1743(b)(8). after completion of each identified decommis- info.
Final 250.1704(h), (i). sioning activity, a summary of expenditures in-
curred and subsequently, if requested, any addi-
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tional information that will support and/or verify
the summary.

Final 250.1704(h) .............. Submit certified statement attesting to accuracy of Exempt from the PRA under 5 CFR 0
expenditures incurred data. 1320.3(h)(1).

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75810 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations

BURDEN TABLE—Continued
Average number of Annual burden
Citation 30 CFR 250 Reporting and recordkeeping requirements Hour burden annual responses hours

Total ........................... .................................................................................... ........................ 820 ................................... 820

An agency may not conduct or Data Quality Act Dated: August 28, 2015.
sponsor, and you are not required to Janice M. Schneider,
respond to, a collection of information In developing this rule, we did not Assistant Secretary, Land and Minerals
unless it displays a currently valid OMB conduct or use a study, experiment, or Management.
control number. The public may survey requiring peer review under the
Data Quality Act (44 U.S.C. 3516 et seq., Editorial note: This document was
comment at any time on the accuracy of received for publication by the Office of
the IC burden in this rule and may Public Law 106–554, app. C § 515, 114 Federal Register on November 30, 2015.
submit any comments to the Department Stat. 2763, 2763A–153–154).
of the Interior, Bureau of Safety and For the reasons stated in the
Effects on the Nation’s Energy Supply preamble, BSEE amends 30 CFR part
Environmental Enforcement, Attention:
(Executive Order 13211) 250 as follows:
Regulations and Standards Branch, VA–
ORP, 45600 Woodland Road, Sterling, This rule is not a significant energy PART 250—OIL AND GAS AND
VA 20166. action under Executive Order 13211 SULPHUR OPERATIONS IN THE
National Environmental Policy Act of (E.O. 13211) because: OUTER CONTINENTAL SHELF
1969 (NEPA) —It is not a significant regulatory action ■ 1. The authority citation for part 250
under E.O. 12866; continues to read as follows:
This rule meets the criteria set forth
in 43 CFR 46.210(i) and 516 —It is not likely to have a significant Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,
Departmental Manual (DM) 15.4C(1) for adverse effect on the supply, 43 U.S.C. 1334.
a categorical exclusion, because it distribution or use of energy; and
■ 2. Amend § 250.1704 by revising the
involves modification of existing —It has not been designated as a section heading and the introductory
regulations, the impacts of which would significant energy action by the text, and by adding new paragraphs (h)
be limited to administrative or Administrator of OIRA. and (i) to the Decommissioning
economic effects with minimal
List of Subjects in 30 CFR Part 250 Applications and Reports Table, to read
environmental impacts.
as follows:
We also analyzed this rule to Administrative practice and
determine if it involves any of the § 250.1704 What decommissioning
procedure, Continental shelf, applications and reports must I submit and
extraordinary circumstances set forth in Environmental impact statements,
43 CFR 46.215 that would require an when must I submit them?
Environmental protection, You must submit decommissioning
environmental assessment or an
Investigations, Oil and gas exploration, applications, receive approval of those
environmental impact statement for
Penalties, Reporting and recordkeeping applications, and submit subsequent
actions otherwise eligible for a
requirements, Sulphur. reports according to the requirements
categorical exclusion. We concluded
that this rule does not meet any of the and deadlines in the following table.
criteria for extraordinary circumstances. * * * * *

DECOMMISSIONING APPLICATIONS AND REPORTS TABLE
Decommissioning applications and When to submit Instructions
reports

* * * * * * *
(h) A certified summary of expendi- Within 120 days after completion Submit to the Regional Supervisor a complete summary of expendi-
tures for permanently plugging of each decommissioning activity tures actually incurred for each decommissioning activity (including,
any well, removal of any plat- specified in this paragraph. but not limited to, the use of rigs, vessels, equipment, supplies and
form or other facility, and clear- materials; transportation of any kind; personnel; and services). In-
ance of any site after wells have clude in, or attach to, the summary a certified statement by an au-
been plugged or platforms or fa- thorized representative of your company attesting to the truth, accu-
cilities removed. racy and completeness of the summary. The Regional Supervisor
may provide specific instructions or guidance regarding how to sub-
mit the certified summary.
(i) If requested by the Regional Su- Within a reasonable time as deter- The Regional Supervisor will review the summary and may provide
pervisor, additional information in mined by the Regional Super- specific instructions or guidance regarding the submission of addi-
support of any decommissioning visor. tional information (including, but not limited to, copies of contracts
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activity expenditures included in and invoices), if requested, to complete or otherwise support the
a summary submitted under summary.
paragraph (h) of this section.

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Document Created: 2015-12-14 13:53:03
Document Modified: 2015-12-14 13:53:03

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		Rules and Regulations
Action		Final rule.
Dates		This final rule becomes effective on January 4, 2016.
Contact		Lakeisha Harrison, Chief, Regulations and Standards Branch, [email protected], (703) 787-1552.
FR Citation		80 FR 75806
RIN Number		1014-AA24
CFR Associated		Administrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Investigations; Oil and Gas Exploration; Penalties; Reporting and Recordkeeping Requirements and Sulphur

80 FR 75806 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Decommissioning Costs

DEPARTMENT OF THE INTERIORBureau of Safety and Environmental Enforcement

Federal Register Volume 80, Issue 233 (December 4, 2015)

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement