81 FR 36145 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Technical Corrections
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement Federal Register Volume 81, Issue 108 (June 6, 2016)
Bureau of Safety and Environmental Enforcement
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36145-36154 | |
| FR Document | 2016-12487 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Rules and Regulations] [Pages 36145-36154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12487] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 [Docket ID: BSEE-2016-0006; EEEE500000 16XE1700DX EX1SF0000.DAQ000] RIN 1014-AA15 Oil and Gas and Sulphur Operations in the Outer Continental Shelf--Technical Corrections AGENCY: Bureau of Safety and Environmental Enforcement (BSEE), Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule makes minor edits, changes, and updates to BSEE regulations. These changes include, but are not limited to: correcting all current Office of Management and Budget (OMB) control numbers from ``1010'' to ``1014''; adding two new control numbers to regulations as required by the Paperwork Reduction Act (PRA); changing the BSEE address from ``Herndon, VA'' to ``Sterling, VA''; changing ``shall'' to ``will'' or ``must'' and changing ``which'' to ``that''; and revising other language where necessary for improved clarity. DATES: This rule becomes effective on July 28, 2016. FOR FURTHER INFORMATION CONTACT: Amy White, Regulations and Standards Branch at (703) 787-1665 or email at [email protected]. SUPPLEMENTARY INFORMATION: Background The technical corrections in this rulemaking affect offshore operators, lessees, pipeline right-of-way holders, and permittees. The corrections are necessary to reflect accurate regulatory citations, add or change a few words for clarification, and revise section numbering. Also, regulatory text that was inadvertently removed in a 2013 regulatory update is being re-inserted where it belongs. These corrections will make the regulations easier to read, understand, and comprehend, but will not change the purpose, scope or effect of the regulations. Because this rule makes no substantive change in any rule or requirement, BSEE for good cause finds that notice and public comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). This rulemaking will correct regulations in 30 CFR parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 to reflect the changes discussed below. The following table shows the current regulatory citation and what changes were made. Section-by-Section Discussion ------------------------------------------------------------------------ Current citation Description of revision ------------------------------------------------------------------------ 30 CFR part 203................... Revises the authority citation for Part 203 from ``43 U.S.C. 1331 et seq.'' to ``43 U.S.C. 1334''. Revises the ``Herndon, VA'' address to reflect the new address in ``Sterling, VA''. Sec. 203.3(b)................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments of royalty relief fees. Sec. 203.5(a)................... Corrects the OMB Control Number from ``1010-0071'' to ``1014-0005''. 30 CFR part 250................... Revises the ``Herndon, VA'' address to reflect the new address in ``Sterling, VA''. Sec. 250.102(b)................. Adds the word ``part'' before ``250'' in paragraphs (b)(1) through (b)(18) in the table of general references for these regulations. Sec. 250.102(b)................. Adds new paragraph (b)(19) to the table of general references for these regulations, to include ``Safety and Environmental Management Systems (SEMS), 30 CFR part 250, subpart S''. Sec. 250.114(a)................. Adds the cross reference ``(as incorporated by referenced in Sec. 250.198)'' after the phrase ``Division 2''. Undesignated Center Heading before Adds ``Gas Storage or Injection'' as Sec. 250.118. an undesignated center heading to assist the reader with the regulatory text that follows. Sec. 250.126.................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments, adds the words ``or permit,'' and makes structural changes so that all text is contained in subsections (a) and (b). [[Page 36146]] Sec. 250.193(e)(2)(i)(C)........ Corrects a previous rulemaking published April 5, 2013 (78 FR 20423), which inadvertently used as BSEE's address ``Herndon, VA'' when it should have read ``Washington, DC''. Sec. 250.198(d), (e), (g), (i), Updates these sections to reflect (j), (k), (m). current phone numbers, URLs, and addresses of where the public can obtain standards and other documents incorporated by reference. Sec. 205.405.................... In the introductory paragraph, corrects ``air take'' to read ``air intake''. Sec. 250.610.................... Removes an already-past deadline date for diesel engine air intake shut down equipment and rewrites the section in active voice. Corrects punctuation by adding missing commas. Sec. 250.611.................... Removes an already-past deadline date for traveling-block safety devices and rewrites the section in active voice. Sec. 250.713(b)................. Clarifies that site-specific information in approved plans may be relied upon to support permit issuance only when the approved plan covers ``that'' particular ``well location and conditions'' included in the APD. Sec. Sec. 250.803(b) and Provides references to Sec. 250.901(a)(24). 250.198 in instances where documents are incorporated by reference. The effect of incorporating a document into the regulations is to make the incorporated document a requirement. Sec. 250.806(c)................. Revises ``MS-4020'' to read ``VAE- OORP'' and revises BSEE's ``Herndon, VA'' address to read ``Sterling, VA''. Sec. 250.901(a)(24)............. Adds the cross reference ``(as incorporated by reference in Sec. 250.198)''. Sec. 250.904.................... Corrects the split rulemaking (76 FR 64462, October 18, 2011), which inadvertently used ``<='' when it should have used ``>''. Sec. 250.908(a)................. Corrects the word ``maximum'' to read ``minimum''. Consistent with the title of the section, ``What are the minimum structural fatigue design requirements'', and the final rulemaking notice of December 27, 2001 (66 FR 66851), the intent of this paragraph (originally in the 2001 rule as Sec. 250.913) was always ``minimum''. Use of ``minimum'' is also in keeping with the statements in Sec. 250.908(a)(2) and (a)(3). Also amends the word ``analysis'' to read ``fatigue analysis.'' Sec. 250.920(b)................. Revises ``operational loading, or inadequate deck height your platform'' to read ``operational loading, inadequate deck height, or''. Sec. 250.1000(c)(3), (4), (12), Removes obsolete dates from Sec. and (13). 250.1000(c)(3)(i) and (iv); provides in Sec. 250.1000(c)(4), (c)(12)(ii), (c)(13)(i), and (c)(13)(ii) a general reference to the ``appropriate Department of Transportation (DOT) pipeline official'' with responsibility for transfer points instead of referring to a specific DOT office, since that office title has changed several times since the rule was originally published. Rewords for further clarity. Sec. Sec. 250.1015(e) and Removes an already past date. An 250.1018(c). emergency rulemaking (70 FR 61893, October 27, 2005) was codified as a result of Hurricane Katrina and filing fees were suspended until January 3, 2006. Sec. 250.1165(b)................ Clarifies that approval for enhanced recovery operations will be handled by BSEE and the Bureau of Ocean Energy Management (BOEM). BSEE is responsible for approving enhanced recovery, but under the current regulations, the proposed enhanced recovery request must be accompanied by submission of Form BOEM-0127. The amended language clarifies that the applicant would submit the form to BOEM. Sec. 250.1302(a), (c), (d)...... To avoid any confusion, revises this section by correcting the agency name to read ``BSEE'' and by changing the phrase ``joint development and production plan'' to ``Competitive Reservoir Development Program.'' Competitive Reservoir Development Programs will continue to be submitted to BSEE (not BOEM), as was the original intent. As a result of the reorganization of BOEM and BSEE (76 FR 64570), BSEE regulations at Sec. 250.1302(a) and (d) were inadvertently changed to refer to `BOEM,' evidently because the phrase `joint development and production plan' was confused with the similarly named development and production plan (DPP) that would be submitted to BOEM. The `joint development and production plan' is not a DPP nor is it related in any way.\1\ Sec. 250.1401................... Removes and reserves this section, since the headings of all the sections are already listed in the Table of Contents. Sec. Sec. 250.1455(b)(2) and Revises Sec. Sec. 250.1455(b)(2) 250.1463(b)(2). and 250.1463(b)(2) by changing the cross references from ``Sec. Sec. 250.1490 through 250.1497'' to ``30 CFR part 550, Subpart N.'' These changes are necessary because the 30 CFR part 250 sections currently referenced do not apply and are being removed through this rulemaking. Sec. Sec. 250.1490 through Removes Sec. Sec. 250.1490 250.1497. through 250.1497 and the two undesignated center headings, ``Bonding Requirements'', and ``Financial Solvency Requirements.'' These former Minerals Management Service provisions do not apply to BSEE. These sections are instead contained in BOEM's regulations at Sec. Sec. 550.1490 through 550.1497. Sec. 250.1609(b)................ Corrects ``timelapse'' to read ``time lapse''. Sec. 250.1920(b)(5), (e)........ Corrects portions of the SEMS final rule published April 5, 2013 (78 FR 20423), which amended the original 2010 SEMS rule (75 FR 63610). Corrects the 2013 amendments to paragraph (b)(5), which inadvertently made that paragraph confusing, to reflect BSEE's original intent. Also reinserts paragraph (e), which was included in Sec. 250.1920 in the 2010 final SEMS rule but which was inadvertently removed in the 2013 amendments to the 2010 rule (see 78 FR 20423, 20442). This insertion remedies that inadvertent removal. Sec. 251.15..................... Corrects the OMB Control Number from ``1010-0141'' to ``1014-0025'', and changes the information collection title to the title that is submitted to OMB. Sec. 252.2 (5).................. Corrects ``oilspill'' to read ``oil spill''. 30 CFR part 254................... In various places, throughout this Part, replaces the words ``Regional Supervisor'' with ``Chief, OSPD'' or ``Chief, Oil Spill Preparedness Division''; also changes ``plan'' or ``response plan'' to ``OSRP''. Sec. 254.2...................... Removes obsolete paragraph (c). Sec. 254.6...................... Adds definitions of ``Chief, OSPD'' to mean the Chief, BSEE Oil Spill Preparedness Division or designee and of ``OSRP'' to mean an Oil Spill Response Plan. Also revises the definition of ``spill management team'' to reflect the revised acronyms. Sec. 254.7...................... Revises this section to reflect accurate OSPD contacts and addresses. Sec. 254.9...................... Corrects the OMB Control Number from ``1010-0091'' to ``1014-0007'' and revises the ``Herndon, VA'' address to reflect the new address in ``Sterling, VA''. [[Page 36147]] 30 CFR part 256................... Removes various ``[Reserved]'' citations as well as numerous undesignated center headings that are no longer needed and are confusing since they have no regulatory text. Sec. 256.7(j)................... Adds cross references to BOEM regulations at Chapter V. Sec. 280.25(a)(2)............... Replaces the word ``our'' with the word ``the''. Sec. 280.28(a).................. Inserts the words ``Bureau of Ocean Energy Management'' before ``Regional Director'' for clarity. Sec. 282.0...................... Amends the existing paragraph by: designating it as paragraph ``(a)''; correcting the OMB control number from ``1010-0081'' to ``1014- 0021''; and adding new paragraph (b) to provide the new address for submitting comments on information collections to BSEE. Sec. 282.3...................... Corrects ``overylying'' to read ``overlying''. Sec. 282.13(d), (e)(2).......... Adds the words ``to the Bureau of Ocean Energy Management'' for clarification; changes the word ``shall'' to either ``will'' or ``must''. Changes order of sentences for clarity. Sec. 282.14(c).................. Revises ``$10,000'' to read ``$40,000'' in accordance with 43 U.S.C. 1350. Sec. 282.27(d)(2)............... Adds the word ``BSEE'' where applicable; changes ``60 days'' to ``90 days'' to be consistent with 30 CFR 250.133; changes ``10 hours'' to ``12 hours''. 30 CFR part 290................... Revises the authority citations for Part 290 from ``5 U.S.C. 301 et seq.; 43 U.S.C. 1331'' to ``5 U.S.C. 305; 43 U.S.C. 1334''. Sec. 290.4(b)(1)................ Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments. 30 CFR part 291................... Revises ``Office of Policy Analysis'' to read ``Office of Policy and Analysis'' throughout this section in six locations. Sec. 291.1(a), (e).............. Corrects the OMB Control Number from ``1010-0172'' to ``1014-0012''; revises the ``Herndon, VA'' address to reflect the new address in ``Sterling, VA''. Sec. 291.107(b)(1).............. Revises the Office of Policy and Analysis phone number from ``(202)- 208-3530)'' to ``(202) 208-1901)''. Sec. 291.108(a)................. Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments. ------------------------------------------------------------------------ \1\ The ``joint development and production plan''/``Competitive Reservoir Development Program'' is a reservoir management tool used after the BSEE Regional Supervisor determines a reservoir to be a ``competitive reservoir'' that requires competing operators to operate in a manner that ensures the reserves are optimally and efficiently produced in accordance with BSEE's conservation mandate (e.g., restricting well production rates and/or reservoir withdrawal rates, limiting the number of new wells that can be drilled). Procedural Matters Regulatory Planning and Review (E.O.s 12866 and 13563) E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this final rule is not significant because it will not raise novel legal or policy issues. 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. The Executive Order (E.O.) 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. This rulemaking is consistent with the principles of E.O. 13563. Regulatory Flexibility Act The Department of the Interior (DOI) certifies that this final rule will 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.). Small Business Regulatory Enforcement Fairness Act 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 without fear of retaliation. Allegations of discrimination/retaliation filed with the Small Business Administration will be investigated for appropriate action. This final rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule: a. Will not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. The requirements will apply to all entities operating on the OCS. Unfunded Mandates Reform Act of 1995 This final rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The final rule will not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) is not required. Takings Implication Assessment (E.O. 12630) Under the criteria in E.O. 12630, this final rule does not have significant takings implications. The rulemaking is not a governmental action capable of interfering with constitutionally protected property rights. A Takings Implication Assessment is not required. Federalism (E.O. 13132) Under the criteria in E.O. 13132, this final rule does not have federalism implications. This final rule will 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 final rule will not affect that role. A Federalism Assessment is not required. Civil Justice Reform (E.O. 12988) This final rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and [[Page 36148]] (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation and Coordination With Indian Tribal Governments (E.O. 13175) Under the criteria in E.O. 13175 and DOI's Policy on Consultation with Indian Tribes (Secretarial Order 3317, Amendment 2, December 31, 2013), we evaluated this final rule and determined that it has no substantial direct effects on federally recognized Indian tribes. Paperwork Reduction Act (PRA) of 1995 This final rule does not contain new information collection requirements, and a submission under the PRA is not required. Therefore, an information collection request is not being submitted to OMB for review and approval under the PRA (44 U.S.C. 3501 et seq.). National Environmental Policy Act of 1969 This final rule does not constitute a major Federal action significantly affecting the quality of the human environment. BSEE has evaluated this rule under the criteria of the National Environmental Policy Act (NEPA) and the Department's regulations implementing NEPA. This rule meets the criteria set forth at 43 CFR 46.210(i) for a Departmental Categorical Exclusion in that this rule is ``of an administrative, financial, legal, technical, or procedural nature. . . .'' Further, BSEE has analyzed this rule to determine if it meets any of the extraordinary circumstances that would require an environmental assessment or an environmental impact statement as set forth in 43 CFR 46.215 and has concluded that this rule does not meet any of the criteria for extraordinary circumstances. Data Quality Act In developing this final 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 (E.O. 13211) This final rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required. List of Subjects 30 CFR Part 203 Indians--lands, Oil and gas exploration, Outer Continental Shelf, Sulphur. 30 CFR Part 250 Administrative practice and procedure, Oil and gas and sulphur exploration, Outer Continental Shelf, Reporting and recordkeeping requirements. 30 CFR Part 251 Freedom of information, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements, Research. 30 CFR Part 252 Freedom of information, Intergovernmental relations, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements. 30 CFR Part 254 Intergovernmental relations, Oil and gas exploration, Oil pollution, Outer Continental Shelf, Pipelines, Reporting and recordkeeping requirements. 30 CFR Part 256 Administrative practice and procedure, Environmental protection, Government contracts, Intergovernmental relations, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements, Surety bonds. 30 CFR Part 280 Outer Continental Shelf, Reporting and recordkeeping requirements, Research. 30 CFR Part 282 Administrative practice and procedure, Environmental protection, Government contracts, Intergovernmental relations, Mineral royalties, Outer Continental Shelf, Penalties, Reporting and recordkeeping requirements, Surety bonds. 30 CFR Part 290 Administrative practice and procedure. 30 CFR Part 291 Administrative practice and procedure. Dated: May 16, 2016. Amanda C. Leiter, Acting Assistant Secretary--Land and Minerals Management. For the reasons stated in the preamble, the Bureau of Safety and Environmental Enforcement (BSEE) amends 30 CFR parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 as follows: PART 203--RELIEF OR REDUCTION IN ROYALTY RATES 0 1. The authority citation for part 203 continues to read as follows: Authority: 25 U.S.C. 396 et seq.; 25 U.S.C. 396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C. 181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C. 9701; 42 U.S.C. 15903-15906; 43 U.S.C. 1301 et seq.; 43 U.S.C. 1331 et seq.; 43 U.S.C. 1334.; and 43 U.S.C. 1801 et seq. 0 2. In part 203, revise all references to ``381 Elden Street, Herndon, VA 20170'' to read ``45600 Woodland Road, Sterling, VA 20166''. Sec. 203.3 [Amended] 0 3. Revise Sec. 203.3(b) to read as follows: Sec. 203.3 Do I have to pay a fee to request royalty relief? * * * * * (b) You must file all payments electronically through the Fees for Services page on the BSEE Web site at http://www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your application or assessment. Sec. 203.5 [Amended] 0 4. Amend Sec. 203.5(a) by removing ``1010-0071'' and adding in its place ``1014-0005''. PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 5. The authority citation for part 250 is revised to read as follows: Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 0 6. In Part 250, revise all references to``381 Elden Street, Herndon, VA 20170'' to read ``45600 Woodland Road, Sterling, VA 20166''. Sec. 250.102 [Amended] 0 7. Amend Sec. 250.102(b) by revising the table, to read as follows: Sec. 250.102 What does this part do? * * * * * (b) * * * [[Page 36149]] ------------------------------------------------------------------------ For information about . . . Refer to . . . ------------------------------------------------------------------------ (1) Applications for permit to drill,.. 30 CFR part 250, subpart D. (2) Development and Production Plans 30 CFR part 550, subpart B. (DPP),. (3) Downhole commingling,.............. 30 CFR part 250, subpart K. (4) Exploration Plans (EP),............ 30 CFR part 550, subpart B. (5) Flaring,........................... 30 CFR part 250, subpart K. (6) Gas measurement,................... 30 CFR part 250, subpart L. (7) Off-lease geological and 30 CFR part 551. geophysical permits,. (8) Oil spill financial responsibility 30 CFR part 553. coverage,. (9) Oil and gas production safety 30 CFR part 250, subpart H. systems,. (10) Oil spill response plans,......... 30 CFR part 254. (11) Oil and gas well-completion 30 CFR part 250, subpart E. operations,. (12) Oil and gas well-workover 30 CFR part 250, subpart F. operations,. (13) Decommissioning Activities,....... 30 CFR part 250, subpart Q. (14) Platforms and structures,......... 30 CFR part 250, subpart I. (15) Pipelines and Pipeline Rights-of- 30 CFR part 250, subpart J and Way,. 30 CFR part 550, subpart J. (16) Sulphur operations,............... 30 CFR part 250, subpart P. (17) Training,......................... 30 CFR part 250, subpart O. (18) Unitization,...................... 30 CFR part 250, subpart M. (19) Safety and Environmental 30 CFR part 250, subpart S. Management Systems (SEMS),. ------------------------------------------------------------------------ Sec. 250.114 [Amended] 0 8. Amend Sec. 250.114(a) by adding, after the phrase ``Division 2'', the parenthetical phrase ``(as incorporated by reference in Sec. 250.198)''. 0 9. Add an undesignated center heading, before Sec. 250.118 to read ``GAS STORAGE OR INJECTION''. 0 10. Revise Sec. 250.126 to read as follows: Sec. 250.126 Electronic payment instructions. (a) You must file all payments electronically through the Fees for Services page on the BSEE Web site at http://www.bsee.gov. This includes, but is not limited to, all OCS applications, permits, or any filing fees. You must include a copy of the Pay.gov confirmation receipt page with your application, permit, or filing fee. (b) If you submitted an application or permit through eWell, you must use the interactive payment feature in that system, which directs you through Pay.gov to make a payment. It is recommended that you keep a copy of your payment confirmation receipt in the event that any questions arise regarding your transaction. Sec. 250.193 [Amended] 0 11. Amend Sec. 250.193(e)(2)(i)(C) by removing ``Herndon, VA'' and adding in its place ``Washington, DC''. Sec. 250.198 [Amended] 0 12. Amend Sec. 250.198, by revising paragraphs (d), (e) introductory text, (g) introductory text, (i) introductory text, (j) introductory text, (k) introductory text, and (m) introductory text to read as follows: Sec. 250.198 Documents incorporated by reference. * * * * * (d) You may inspect these documents at the Bureau of Safety and Environmental Enforcement, 45600 Woodland Rd, Sterling, VA 20166; phone: 1-844-259-4779; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. * * * * * (e) American Concrete Institute (ACI), ACI Standards, 38800 Country Club Drive, Farmington Hills, MI 48331-3439: http://www.concrete.org; phone: 248-848-3700: * * * * * (g) American National Standards Institute (ANSI), ANSI/ASME Codes, http://www.webstore.ansi.org; phone: 212-642-4900; and/or American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, NJ 07007-2900; http://www.asme.org; phone: 1-800-843-2763: * * * * * (i) American Society for Testing and Materials (ASTM), ASTM Standards, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; http://www.astm.org; phone: 1-877-909-2786: * * * * * (j) American Welding Society (AWS), AWS Codes, 8669 NW 36 Street, #130, Miami, FL 33126; http://www.aws.org; phone: 800-443-9353: * * * * * (k) National Association of Corrosion Engineers (NACE) International, NACE Standards, Park Ten Place, Houston, TX 77084; http://www.nace.org; phone: 281-228-6200: * * * * * (m) International Organization for Standardization (ISO), 1, ch. de la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org; phone: 41-22-749-01-11: * * * * * Sec. 250.405 [Amended] 0 13. Amend Sec. 250.405, in the introductory text, by removing the words ``air take'' and adding in their place ``air intake''. Sec. 250.610 [Amended] 0 14. Revise Sec. 250.610 to read as follows: Sec. 250.610 Diesel engine air intakes. You must equip diesel engine air intakes with a device to shut down the diesel engine in the event of runaway. Diesel engines that are continuously attended must be equipped with remotely operated, manual, or automatic shutdown devices. Diesel engines that are not continuously attended must be equipped with automatic shutdown devices. Sec. 250.611 [Amended] 0 15. Revise Sec. 250.611 to read as follows: Sec. 250.611 Traveling-block safety device. You must equip all units being used for well-workover operations that have both a traveling block and a crown block with a safety device that is designed to prevent the traveling block from striking the crown block. You must check the device for proper operation weekly and after each drill-line slipping operation. You must enter the results of the operational check in the operations log. [[Page 36150]] Sec. 250.713 [Amended] 0 16. Amend Sec. 250.713(b) by adding after the phrase ``or DOCD submitted to BOEM,'' the phrase ``for that well location and conditions,''. Sec. 250.803 [Amended] 0 17. Amend Sec. 250.803(b)(1) introductory text, by adding, after the phrase ``(ASME) Boiler and Pressure Vessel Code'', the parenthetical phrase ``(as incorporated by reference in Sec. 250.198)''. Sec. 250.806 [Amended] 0 18. Amend Sec. 250.806(c) by removing ``MS-4020'' and adding in its place ``VAE-OORP'', and by removing ``381 Elden Street, Herndon, Virginia 20170-4817'' and adding in its place ``45600 Woodland Road, Sterling, VA 20166''. Sec. 250.901 [Amended] 0 19. Amend Sec. 250.901(a)(24) by adding, after the phrase ``Offshore Structures Associated with Petroleum Production'', the parenthetical phrase ``(as incorporated by reference in Sec. 250.198)''. Sec. 250.904 [Amended] 0 20. Amend Sec. 250.904(b) by removing ``<=''and adding in its place ``>''. Sec. 250.908 [Amended] 0 21. Amend Sec. 250.908(a), in the table under ``Then . . .'', by removing the word ``analysis'' and adding in its place ``fatigue analysis'' in paragraph (a)(1), and by removing the word ``maximum'' wherever it appears and adding in its place ``minimum''. Sec. 250.920 [Amended] 0 22. Amend Sec. 250.920(b) by removing ``operational loading, or inadequate deck height your platform'' and adding in its place ``operational loading, inadequate deck height, or''. 0 23. Amend Sec. 250.1000, paragraphs (c)(3)(i) and (iv), (c)(4), (c)(12)(ii), and (c)(13)(i) and (ii), to read as follows: Sec. 250.1000 General requirements. * * * * * (c) * * * (3) * * * (i) Each producing operator must, if practical, durably mark all of its above-water transfer points as of the date a pipeline begins service. * * * * * (iv) If adjoining producing and transporting operators cannot agree on a transfer point, the BSEE Regional Supervisor and the appropriate Department of Transportation (DOT) pipeline official may jointly determine the transfer point. (4) The transfer point serves as a regulatory boundary. An operator may request that the BSEE Regional Supervisor grant an exception to this requirement for an individual facility or area. The Regional Supervisor, in consultation with the appropriate DOT pipeline official and affected parties, may grant the request. * * * * * (12) * * * (ii) The Regional Supervisor will decide, on a case-by-case basis, whether to grant the operator's request. In considering each petition, the Regional Supervisor will consult with the appropriate DOT pipeline official. (13) * * * (i) The operator's request must be in the form of a written petition to the appropriate DOT pipeline official and the BSEE Regional Supervisor. (ii) The BSEE Regional Supervisor and the appropriate DOT pipeline official will decide how to act on this petition. * * * * * Sec. 250.1015 [Amended] 0 24. Amend Sec. 250.1015 by removing paragraph (e). Sec. 250.1018 [Amended] 0 25. Amend Sec. 250.1018 by removing paragraph (c). 0 26. Amend Sec. 250.1165 by removing the last sentence of paragraph (b) and adding two sentences in its place to read as follows: Sec. 250.1165 What must I do for enhanced recovery operations? * * * * * (b) * * * The proposed plan must include, for each project reservoir, a geologic and engineering overview and any additional information required by the BSEE Regional Supervisor. You also must submit Form BOEM-0127 to BOEM along with the supporting data specified in BOEM regulations, 30 CFR part 550, subpart K. * * * * * 0 27. Amend Sec. 250.1302 by revising the first sentence of paragraph (a), and paragraphs (c) and (d), to read as follows: Sec. 250.1302 What if I have a competitive reservoir on a lease? (a) The Regional Supervisor may require you to conduct development and production operations in a competitive reservoir under either a joint Competitive Reservoir Development Program submitted to BSEE or a unitization agreement. * * * * * * * * (c) If you conduct drilling or production operations in a reservoir determined competitive by the BSEE Regional Supervisor, you and the other affected lessees must submit for approval a joint Competitive Reservoir Development Program. You must submit the joint Competitive Reservoir Development Program within 90 days after the Regional Supervisor makes a final determination that the reservoir is competitive. The joint Competitive Reservoir Development Program must provide for the development and/or production of the reservoir. You may submit supplemental Competitive Reservoir Development Programs for the Regional Supervisor's approval. (d) If you and the other affected lessees cannot reach an agreement on a joint Competitive Reservoir Development Program, submitted to BSEE within the approved period of time, each lessee must submit a separate Competitive Reservoir Development Program to the Regional Supervisor. The Regional Supervisor will hold a hearing to resolve differences in the separate Competitive Reservoir Development Programs. If the differences in the separate programs are not resolved at the hearing and the Regional Supervisor determines that unitization is necessary under Sec. 250.1301(b), BSEE will initiate unitization under Sec. 250.1304. Sec. 250.1401 [Removed and Reserved] 0 28. Remove and reserve Sec. 250.1401. 0 29. Amend Sec. 250.1455 by revising paragraph (b)(2) to read as follows: Sec. 250.1455 Does my request for a hearing on the record affect the penalties? * * * * * (b) * * * (2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM's regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective. * * * * * 0 30. Amend Sec. 250.1463 by revising paragraph (b)(2) to read as follows: Sec. 250.1463 Does my request for a hearing on the record affect the penalties? * * * * * (b) * * * (2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM's [[Page 36151]] regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective. * * * * * 0 31. Remove the undesignated heading, directly above Sec. 250.1490, ``BONDING REQUIREMENTS''. Sec. Sec. 250.1490 and 250.1491 [Removed] 0 32. Remove Sec. Sec. 250.1490 and 250.1491. 0 33. Remove the undesignated heading, directly above Sec. 250.1495, ``FINANCIAL SOLVENCY REQUIREMENTS''. Sec. Sec. 250.1495, 250.1496, and 250.1497 [Removed] 0 34. Remove Sec. Sec. 250.1495, 250.1496, and 250.1497. Sec. 250.1609 [Amended] 0 35. Amend Sec. 250.1609(b) by removing ``timelapse'' and adding in its place ``time lapse''. 0 36. Amend Sec. 250.1920 by revising paragraph (b)(5) and by adding paragraph (e) to read as follows: Sec. 250.1920 What are the auditing requirements for my SEMS program? * * * * * (b) * * * (5) Section 12.5 Audit Frequency. You must have your SEMS program audited by an ASP within 2 years after initial implementation and every 3 years thereafter. The 3-year auditing cycle begins on the start date of each comprehensive audit (including the initial implementation audit) and ends on the start date of your next comprehensive audit. * * * * * (e) BSEE may verify that you undertook the corrective actions and that these actions effectively address the audit findings. PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF 0 37. The authority citation for part 251 continues to read as follows: Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. Sec. 251.15 [Amended] 0 38. Revise Sec. 251.15 to read as follows: Sec. 251.15 Authority for information collection. The Office of Management and Budget has approved the information collection requirements in this part under 44 U.S.C. 3501 et seq. and assigned OMB control number 1014-0025 as it pertains to Application for Permit to Drill (APD, Form BSEE-0123), and Supplemental APD Information Sheet (Form BSEE-0123S). The title of this information collection is ``30 CFR Part 250, Application for Permit to Drill (APD, Revised APD) Supplemental APD Information Sheet, and all supporting documents.'' PART 252--OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM 0 39. The authority citation for part 252 continues to read as follows: Authority: OCS Lands Act, 43 U.S.C. 1331 et seq., as amended, 92 Stat. 629; Freedom of Information Act, 5 U.S.C. 552; Sec. 252.3 also issued under Pub. L. 99-190 making continuing appropriations for Fiscal Year 1986, and for other purposes. Sec. 252.2 [Amended] 0 40. Amend Sec. 252.2, in paragraph (5) of the definition of Affected State, by removing ``oilspill'' and adding in its place ``oil spill''. PART 254--OIL-SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED SEAWARD OF THE COAST LINE 0 41. The authority citation for part 254 continues to read as follows: Authority: 33 U.S.C. 1321. Sec. 254.1 [Amended] 0 42. Amend Sec. 254.1 by revising the section heading and paragraphs (a), (b), (d), and (e) to read as follows: Sec. 254.1 Who must submit an oil spill response plan (OSRP)? (a) If you are the owner or operator of an oil handling, storage, or transportation facility, and it is located seaward of the coast line, you must submit an oil spill response plan (OSRP) to BSEE for approval. Your OSRP must demonstrate that you can respond quickly and effectively whenever oil is discharged from your facility. Refer to Sec. 254.6 for the definitions of oil, facility, and coast line if you have any doubts about whether to submit a plan. (b) You must maintain a current OSRP for an abandoned facility until you physically remove or dismantle the facility or until the Chief, Oil Spill Preparedness Division (OSPD) notifies you in writing that a plan is no longer required. * * * * * (d) If you are in doubt as to whether you must submit a plan for an offshore facility or pipeline, you should check with the Chief, OSPD. (e) If your facility is located landward of the coast line, but you believe your facility is sufficiently similar to OCS facilities that it should be regulated by BSEE, you may contact the Chief, OSPD, offer to accept BSEE jurisdiction over your facility, and request that BSEE seek from the agency with jurisdiction over your facility a relinquishment of that jurisdiction. 0 43. Revise Sec. 254.2 to read as follows: Sec. 254.2 When must I submit an OSRP? (a) You must submit, and BSEE must approve, an OSRP that covers each facility located seaward of the coast line before you may use that facility. To continue operations, you must operate the facility in compliance with the OSRP. (b) Despite the provisions of paragraph (a) of this section, you may operate your facility after you submit your OSRP while BSEE reviews it for approval. To operate a facility without an approved OSRP, you must certify in writing to the Chief, OSPD that you have the capability to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. The certification must show that you have ensured by contract, or other means approved by the Chief, OSPD, the availability of private personnel and equipment necessary to respond to the discharge. Verification from the organization(s) providing the personnel and equipment must accompany the certification. BSEE will not allow you to operate a facility for more than 2 years without an approved OSRP. 0 44. Revise Sec. 254.3 to read as follows: Sec. 254.3 May I cover more than one facility in my OSRP? (a) Your OSRP may be for a single lease or facility or a group of leases or facilities. All the leases or facilities in your plan must have the same owner or operator (including affiliates) and must be located in the same BSEE Region (see definition of Regional OSRP in Sec. 254.6). (b) Regional OSRPs must address all the elements required for an OSRP in subpart B, or subpart D of this part, as appropriate. (c) When developing a Regional OSRP, you may group leases or facilities subject to the approval of the Chief, OSPD, for the purposes of: (1) Calculating response times; (2) Determining quantities of response equipment; (3) Conducting oil-spill trajectory analyses; (4) Determining worst case discharge scenarios; and [[Page 36152]] (5) Identifying areas of special economic and environmental importance that may be impacted and the strategies for their protection. (d) The Chief, OSPD, may specify how to address the elements of a Regional OSRP. The Chief, OSPD, also may require that Regional OSRPs contain additional information if necessary for compliance with appropriate laws and regulations. 0 45. Revise Sec. 254.4 to read as follows: Sec. 254.4 May I reference other documents in my OSRP? You may reference information contained in other readily accessible documents in your OSRP. Examples of documents that you may reference are the National Contingency Plan (NCP), Area Contingency Plan (ACP), BSEE or BOEM environmental documents, and Oil Spill Removal Organization (OSRO) documents that are readily accessible to the Chief, OSPD. You must ensure that the Chief, OSPD, possesses or is provided with copies of all OSRO documents you reference. You should contact the Chief, OSPD, if you want to know whether a reference is acceptable. 0 46. Amend Sec. 254.5 by revising paragraphs (a), (b), and (d) to read as follows: Sec. 254.5 General OSRP requirements. (a) The OSRP must provide for response to an oil spill from the facility. You must immediately carry out the provisions of the OSRP whenever there is a release of oil from the facility. You must also carry out the training, equipment testing, and periodic drills described in the OSRP, and these measures must be sufficient to ensure the safety of the facility and to mitigate or prevent a discharge or a substantial threat of a discharge. (b) The OSRP must be consistent with the National Contingency Plan and the appropriate Area Contingency Plan(s). * * * * * (d) In addition to the requirements listed in this part, you must provide any other information the Chief, OSPD, requires for compliance with appropriate laws and regulations. 0 47. Amend Sec. 254.6 by adding in alphabetical order the definitions for ``Chief, OSPD'' and ``OSRP'', and by revising the definition of ``Spill management team'', to read as follows: Sec. 254.6 Definitions. * * * * * Chief, OSPD means the Chief, BSEE Oil Spill Preparedness Division or designee. * * * * * OSRP means an Oil Spill Response Plan. * * * * * Spill management team means the trained persons identified in an OSRP who staff the organizational structure to manage spill response. * * * * * 0 48. Revise Sec. 254.7 to read as follows: Sec. 254.7 How do I submit my OSRP to the BSEE? You must submit the number of copies of your OSRP that the appropriate BSEE regional office requires. If you prefer to use improved information technology such as electronic filing to submit your plan, ask the Chief, OSPD, for further guidance. (a) Send OSRPs for facilities located seaward of the coast line of Alaska to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 3801 Centerpoint Drive, Suite #500, Anchorage, AK 99503-5823. (b) Send OSRPs for facilities in the Gulf of Mexico or Atlantic Ocean to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: GOM Section Supervisor, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394. (c) Send OSRPs for facilities in the Pacific Ocean (except seaward of the coast line of Alaska) to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 760 Paseo Camarillo, Suite 201, Camarillo, CA 93010-6002. Sec. 254.9 [Amended] 0 49. Amend Sec. 254.9 in paragraph (a), by removing ``1010-0091'' and adding in its place ``1014-0007'' and in paragraph (d), by removing ``381 Elden Street, Herndon, VA 20170'' and adding in its place ``45600 Woodland Road, Sterling, VA 20166''. Sec. 254.20 [Amended] 0 50. Amend Sec. 254.20 by removing ``spill-response plans'' and adding in its place ``OSRPs''. 0 51. Amend 254.21 by revising the section heading and paragraphs (a), (b) introductory text, and (b)(1) to read as follows: Sec. 254.21 How must I format my OSRP? (a) You must divide your OSRP for OCS facilities into the sections specified in paragraph (b) of this section and explained in the other sections of this subpart. The OSRP must have an easily found marker identifying each section. You may use an alternate format if you include a cross reference table to identify the location of required sections. You may use alternate contents if you can demonstrate to the Chief, OSPD that they provide for equal or greater levels of preparedness. (b) Your OSRP must include: (1) Introduction and OSRP contents. * * * * * Sec. 254.22 [Amended] 0 52. Amend Sec. 254.22, in the section heading, introductory text, and paragraphs (a), (c), and (d), by removing ``plan'' and adding in its place ``OSRP''. Sec. 254.23 [Amended] 0 53. Amend Sec. 254.23, in the introductory text, by removing ``response plan'' and adding in its place ``OSRP''. Sec. 254.25 [Amended] 0 54. Amend Sec. 254.25, in the first sentence, by removing ``plan'' and adding in its place ``OSRP''. 0 55. Revise Sec. 254.30 to read as follows: Sec. 254.30 When must I revise my OSRP? (a) You must review your OSRP at least every 2 years and submit all resulting modifications to the Chief, OSPD. If this review does not result in modifications, you must inform the Chief, OSPD, in writing that there are no changes. (b) You must submit revisions to your OSRP for approval within 15 days whenever: (1) A change occurs which significantly reduces your response capabilities; (2) A significant change occurs in the worst case discharge scenario or in the type of oil being handled, stored, or transported at the facility; (3) There is a change in the name(s) or capabilities of the oil spill removal organizations cited in the OSRP; or (4) There is a significant change to the Area Contingency Plan(s). (c) The Chief, OSPD, may require that you resubmit your OSRP if the OSRP has become outdated or if numerous revisions have made its use difficult. (d) The Chief, OSPD, will periodically review the equipment inventories of OSRO's to ensure that sufficient spill removal equipment is available to meet the cumulative needs of the owners and operators who cite these organizations in their OSRPs. (e) The Chief, OSPD, may require you to revise your OSRP if significant inadequacies are indicated by: (1) Periodic reviews (described in paragraph (d) of this section); (2) Information obtained during drills or actual spill responses; or [[Page 36153]] (3) Other relevant information the Chief, OSPD, obtained. Sec. 254.41 [Amended] 0 56. Amend Sec. 254.41(d) by removing ``response plan'' and adding in its place ``OSRP''. 0 57. Amend Sec. 254.42 as follows: 0 a. Revise paragraphs (a), (b)(2), and (e). 0 b. Amend paragraphs (f) and (h), by removing ``Regional Supervisor'' and adding in its place ``Chief, OSPD,'' and amend paragraph (i) by removing ``Regional Supervisor'' and adding in its place ``Chief, OSPD.''. Sec. 254.42 Exercises for your response personnel and equipment. (a) You must exercise your entire OSRP at least once every 3 years (triennial exercise). You may satisfy this requirement by conducting separate exercises for individual parts of the OSRP over the 3-year period; you do not have to exercise your entire OSRP at one time. (b) * * * (2) An annual deployment exercise of response equipment identified in your OSRP that is staged at onshore locations. You must deploy and operate each type of equipment in each triennial period. However, it is not necessary to deploy and operate each individual piece of equipment. * * * * * (e) All records of spill-response exercises must be maintained for the complete 3-year exercise cycle. Records should be maintained at the facility or at a corporate location designated in the OSRP. Records showing that OSROs and oil spill removal cooperatives have deployed each type of equipment also must be maintained for the 3-year cycle. * * * * * Sec. 254.43 [Amended] 0 58. Amend Sec. 254.43(a) by removing ``response plan'' and adding in its place ``OSRP''. Sec. 254.44 [Amended] 0 59. Amend Sec. 254.44(a) by removing ``response plan'' and adding in its place ``OSRP''. Sec. 254.45 [Amended] 0 60. Amend Sec. 254.45(a) by removing ``response plan'' and adding in its place ``OSRP''. Sec. 254.46 [Amended] 0 61. Amend Sec. 254.46(b)(2) by removing ``Regional Supervisor'' and adding in its place ``Chief, OSPD''. Sec. 254.47 [Amended] 0 62. Amend Sec. 254.47(d) by removing ``Regional Supervisor'' and adding in its place ``Chief, OSPD,''. Sec. 254.51 [Amended] 0 63. Amend Sec. 254.51, in the section heading by removing ``response plan'' and adding in its place ``OSRP'', and in the text by removing ``this plan'' and adding in its place ``this OSRP''. Sec. 254.52 [Amended] 0 64. Amend Sec. 254.52, in the section heading by removing ``response plan'' and adding in its place ``OSRP'', and in the text by removing ``plan'' and adding in its place ``OSRP''. Sec. 254.53 [Amended] 0 65. Amend Sec. 254.53, in the section heading by removing ``response plan'' and adding in its place ``OSRP'', and in paragraph (a) introductory text by removing ``plan'' and adding in its place ``OSRP''. Sec. 254.54 [Amended] 0 66. Amend Sec. 254.54, by removing ``response plan'' and adding in its place ``OSRP'' and by removing ``Regional Supervisor'' and adding in its place ``Chief, OSPD,''. PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER CONTINENTAL SHELF 0 67. The authority citation for part 256 continues to read as follows: Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1334, Pub. L. 109-432. Sec. 256.0 and Sec. Sec. 256.2 through 256.5 [Removed] 0 68. Remove reserved Sec. 256.0 and reserved Sec. Sec. 256.2 through 256.5. 0 69. Amend Sec. 256.7 by adding paragraph (j) to read as follows: Sec. 256.7 Cross references. * * * * * (j) For Bureau of Ocean Energy Management (BOEM) regulations, see 30 CFR chapter V. Sec. Sec. 256.8 through 256.12 [Removed] 0 70. Remove reserved Sec. Sec. 256.8 through 256.12. Subparts B Through I [Removed] 0 71. Remove reserved subparts B Through I. Subparts J Through L [Redesignated as Subparts B through D] 0 72. Redesignate subparts J through L as subparts B through D respectively. Sec. Sec. 256.62 through 256.68, Sec. 256.76, and Sec. 256.80 [Removed] 0 73. Remove reserved Sec. Sec. 256.62 through 256.68, Sec. 256.76, and Sec. 256.80. Subparts M and N [Removed] 0 74. Remove reserved subparts M and N. PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF 0 75. The authority citation for part 280 continues to read as follows: Authority: 43 U.S.C. 1334. Sec. 280.25 [Amended] 0 76. Amend Sec. 280.25, paragraph (a)(2), by removing the word ``our'' and adding in its place ``the''. Sec. 280.28 [Amended] 0 77. Amend Sec. 280.28, paragraph (a), by adding ``Bureau of Ocean Energy Management'' before ``Regional Director''. PART 282--OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR 0 78. The authority citation for part 282 continues to read as follows: Authority: 43 U.S.C. 1334. 0 79. Amend Sec. 282.0 by designating the existing paragraph as paragraph (a), by removing in that paragraph the number ``1010-0081'' and adding in its place ``1014-0021'', and by adding new paragraph (b) to read as follows: Sec. 282.0 Authority for information collection. * * * * * (b) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to: Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166. Sec. 282.3 [Amended] 0 80. Amend Sec. 282.3, in the definition of Geological sample, by removing ``overylying'' and adding in its place ``overlying''. 0 81. Amend Sec. 282.13 by revising paragraphs (d) and (e)(2) to read as follows: Sec. 282.13 Suspension of production or other operations. * * * * * [[Page 36154]] (d) The Director may, at any time within the period prescribed for a suspension or temporary prohibition issued pursuant to paragraph (b)(2) of this section, require the lessee to submit a Delineation, Testing, or Mining Plan to the Bureau of Ocean Energy Management for approval in accordance with the requirements for the approval of such plans in part 582 of this title. (e) * * * (2) When the Director determines that measures are necessary, on the basis of the results of the studies conducted in accordance with paragraph (e)(1) of this section and other information available to and identified by the Director, the lessee will be required to take appropriate measures to mitigate, avoid, or minimize the damage or potential damage on which the suspension or temporary prohibition is based. In choosing between alternative mitigation measures, the Director will balance the cost of the required measures against the reduction or potential reduction in damage or threat of damage or harm to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environment. When deemed appropriate by the Director, the lessee must submit to the Bureau of Ocean Energy Management a revised Delineation, Testing, or Mining Plan that incorporates the mitigation measures required by the Director. * * * * * Sec. 282.14 [Amended] 0 82. Amend Sec. 282.14(c) by revising ``$10,000'' to read ``$40,000''. Sec. 282.27 [Amended] 0 83. Revise Sec. 282.27(d)(2) to read as follows: Sec. 282.27 Conduct of operations. * * * * * (d) * * * (2) A lessee shall, on request by the Director, furnish food, quarters, and transportation for BSEE representatives to inspect its facilities. Upon request, you will be reimbursed by BSEE for the actual costs that you incur as a result of providing transportation to BSEE representatives. In addition, you will be reimbursed for the actual costs that you incur for providing food and quarters for a BSEE representative's stay of more than 12 hours. You must submit an invoice for reimbursement within 90 days of the inspection. * * * * * PART 290--APPEAL PROCEDURES 0 84. Revise the authority citation for part 290 to read as follows: Authority: 5 U.S.C. 305; 43 U.S.C. 1334. 0 85. Revise Sec. 290.4(b)(1) to read as follows: Sec. 290.4 How do I file an appeal? * * * * * (b) * * * (1) You must pay electronically through the Fees for Services page on the BSEE Web site at http://www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your Notice of Appeal. * * * * * PART 291--OPEN AND NONDISCRIMINATORY ACCESS TO OIL AND GAS PIPELINES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT 0 86. The authority citation for part 291 continues to read as follows: Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 0 87. Amend part 291, in Sec. Sec. 291.103 introductory text, 291.106(a), 291.107(a) and (b)(1), and 291.109(a)(1) and (b), by revising ``Office of Policy Analysis'' to read ``Office of Policy and Analysis''. Sec. 291.1 [Amended] 0 88. Amend Sec. 291.1 in paragraph (a), by removing ``1010-0172'' and adding in its place ``1014-0012'' and in paragraph (e), by removing ``381 Elden Street, Herndon, VA 20170'' and adding in its place ``45600 Woodland Road, Sterling, VA 20166''. Sec. 291.107 [Amended] 0 89. Amend Sec. 291.107, paragraph (b)(1), by removing ``(202)-208- 3530);'' and adding in its place ``(202) 208-1901);''. 0 90. Amend Sec. 291.108 by revising paragraph (a) to read as follows: Sec. 291.108 How do I pay the processing fee? (a) You must pay the processing fee electronically through the Fees for Services page on the BSEE Web site at http://www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your complaint. * * * * * [FR Doc. 2016-12487 Filed 6-3-16; 8:45 am] BILLING CODE 4310-VH-P
![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36145
administers the AIP and PFC programs, expertise to operate the airport as Office of Management and Budget
as well as several associated programs required by law. (OMB) control numbers from ‘‘1010’’ to
and requirements. ‘‘1014’’; adding two new control
V. Reimbursement of Airport
numbers to regulations as required by
IV. FAA Policy on Disputed Changes to Investments
the Paperwork Reduction Act (PRA);
Airport Sponsorship or Operations In circumstances in which a change in changing the BSEE address from
The determination of whether to seek sponsorship or operation of an airport is ‘‘Herndon, VA’’ to ‘‘Sterling, VA’’;
a new applicant for airport sponsorship approved and effectuated, the new changing ‘‘shall’’ to ‘‘will’’ or ‘‘must’’
is a state or local decision. The FAA airport sponsor and/or operator should and changing ‘‘which’’ to ‘‘that’’; and
expects that all disputes about whether reimburse the prior sponsor for revising other language where necessary
to change airport sponsorship and/or investments that have been made by the for improved clarity.
operating authority will be resolved prior sponsor of the airport but have not DATES: This rule becomes effective on
through a legally-binding agreement been fully recouped at the time of the July 28, 2016.
between the parties involved in the change in airport sponsorship. Any such
reimbursements must be consistent with FOR FURTHER INFORMATION CONTACT:
dispute or a final, non-reviewable legal Amy White, Regulations and Standards
decision. While parties should seek the FAA’s Policy and Procedures
Concerning the Use of Airport Revenue, Branch at (703) 787–1665 or email at
technical assistance from the FAA as regs@bsee.gov.
early as practicable, parties are 64 FR 7696 (Feb. 16, 1999).
encouraged to wait until a dispute has SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on May 25,
been resolved before submitting an 2016. Background
application to the FAA seeking the Eduardo A. Angeles,
agency’s approval of a change in The technical corrections in this
Associate Administrator for Airports.
sponsorship of, and/or operational rulemaking affect offshore operators,
[FR Doc. 2016–13177 Filed 6–1–16; 11:15 am] lessees, pipeline right-of-way holders,
responsibility for, an airport. In matters
in which a proposed change is contested
BILLING CODE 4910–13–P and permittees. The corrections are
by a current sponsor or operator, the necessary to reflect accurate regulatory
FAA will not act on a part 139 citations, add or change a few words for
DEPARTMENT OF THE INTERIOR clarification, and revise section
application or a change of airport
sponsorship and/or operating authority numbering. Also, regulatory text that
Bureau of Safety and Environmental was inadvertently removed in a 2013
until the dispute is definitively resolved Enforcement
to the satisfaction of the FAA. regulatory update is being re-inserted
Resolution may be demonstrated by where it belongs. These corrections will
30 CFR Parts 203, 250, 251, 252, 254, make the regulations easier to read,
issuance of a final, non-reviewable 256, 280, 282, 290, and 291
judicial decision requiring such a understand, and comprehend, but will
change, by the issuance of a consent [Docket ID: BSEE–2016–0006; EEEE500000 not change the purpose, scope or effect
letter between the existing airport 16XE1700DX EX1SF0000.DAQ000] of the regulations.
sponsor and/or operator and the RIN 1014–AA15
Because this rule makes no
proposed new sponsor and/or operator, substantive change in any rule or
or by other legally definitive means Oil and Gas and Sulphur Operations in requirement, BSEE for good cause finds
deemed acceptable to the FAA. the Outer Continental Shelf—Technical that notice and public comment are
Corrections unnecessary pursuant to 5 U.S.C.
The FAA will accept an application
553(b)(3)(B).
for a change in airport sponsorship/ AGENCY: Bureau of Safety and This rulemaking will correct
operation only upon a legally definitive Environmental Enforcement (BSEE), regulations in 30 CFR parts 203, 250,
resolution of a dispute. At that time, the Interior. 251, 252, 254, 256, 280, 282, 290, and
FAA will evaluate whether an ACTION: Final rule. 291 to reflect the changes discussed
application is complete and whether the
below. The following table shows the
proposed airport sponsor/operator is SUMMARY: This rule makes minor edits,
current regulatory citation and what
capable of assuming all grant changes, and updates to BSEE
changes were made.
assurances, safety compliance, and regulations. These changes include, but
other Federal obligations, and has the are not limited to: correcting all current Section-by-Section Discussion
Current citation Description of revision
30 CFR part 203 ............................. Revises the authority citation for Part 203 from ‘‘43 U.S.C. 1331 et seq.’’ to ‘‘43 U.S.C. 1334’’. Revises the
‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’.
§ 203.3(b) ........................................ Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments of royalty relief fees.
§ 203.5(a) ........................................ Corrects the OMB Control Number from ‘‘1010–0071’’ to ‘‘1014–0005’’.
30 CFR part 250 ............................. Revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’.
§ 250.102(b) .................................... Adds the word ‘‘part’’ before ‘‘250’’ in paragraphs (b)(1) through (b)(18) in the table of general references
for these regulations.
§ 250.102(b) .................................... Adds new paragraph (b)(19) to the table of general references for these regulations, to include ‘‘Safety and
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Environmental Management Systems (SEMS), 30 CFR part 250, subpart S’’.
§ 250.114(a) .................................... Adds the cross reference ‘‘(as incorporated by referenced in § 250.198)’’ after the phrase ‘‘Division 2’’.
Undesignated Center Heading be- Adds ‘‘Gas Storage or Injection’’ as an undesignated center heading to assist the reader with the regu-
fore § 250.118. latory text that follows.
§ 250.126 ......................................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments, adds the words ‘‘or permit,’’ and makes structural changes so that all text is contained in sub-
sections (a) and (b).
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Current citation Description of revision
30 CFR part 256 ............................. Removes various ‘‘[Reserved]’’ citations as well as numerous undesignated center headings that are no
longer needed and are confusing since they have no regulatory text.
§ 256.7(j) ......................................... Adds cross references to BOEM regulations at Chapter V.
§ 280.25(a)(2) .................................. Replaces the word ‘‘our’’ with the word ‘‘the’’.
§ 280.28(a) ...................................... Inserts the words ‘‘Bureau of Ocean Energy Management’’ before ‘‘Regional Director’’ for clarity.
§ 282.0 ............................................. Amends the existing paragraph by: designating it as paragraph ‘‘(a)’’; correcting the OMB control number
from ‘‘1010–0081’’ to ‘‘1014–0021’’; and adding new paragraph (b) to provide the new address for sub-
mitting comments on information collections to BSEE.
§ 282.3 ............................................. Corrects ‘‘overylying’’ to read ‘‘overlying’’.
§ 282.13(d), (e)(2) ........................... Adds the words ‘‘to the Bureau of Ocean Energy Management’’ for clarification; changes the word ‘‘shall’’
to either ‘‘will’’ or ‘‘must’’. Changes order of sentences for clarity.
§ 282.14(c) ...................................... Revises ‘‘$10,000’’ to read ‘‘$40,000’’ in accordance with 43 U.S.C. 1350.
§ 282.27(d)(2) .................................. Adds the word ‘‘BSEE’’ where applicable; changes ‘‘60 days’’ to ‘‘90 days’’ to be consistent with 30 CFR
250.133; changes ‘‘10 hours’’ to ‘‘12 hours’’.
30 CFR part 290 ............................. Revises the authority citations for Part 290 from ‘‘5 U.S.C. 301 et seq.; 43 U.S.C. 1331’’ to ‘‘5 U.S.C. 305;
43 U.S.C. 1334’’.
§ 290.4(b)(1) .................................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments.
30 CFR part 291 ............................. Revises ‘‘Office of Policy Analysis’’ to read ‘‘Office of Policy and Analysis’’ throughout this section in six lo-
cations.
§ 291.1(a), (e) .................................. Corrects the OMB Control Number from ‘‘1010–0172’’ to ‘‘1014–0012’’; revises the ‘‘Herndon, VA’’ address
to reflect the new address in ‘‘Sterling, VA’’.
§ 291.107(b)(1) ................................ Revises the Office of Policy and Analysis phone number from ‘‘(202)-208–3530)’’ to ‘‘(202) 208–1901)’’.
§ 291.108(a) .................................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments.
1 The ‘‘joint development and production plan’’/‘‘Competitive Reservoir Development Program’’ is a reservoir management tool used after the
BSEE Regional Supervisor determines a reservoir to be a ‘‘competitive reservoir’’ that requires competing operators to operate in a manner that
ensures the reserves are optimally and efficiently produced in accordance with BSEE’s conservation mandate (e.g., restricting well production
rates and/or reservoir withdrawal rates, limiting the number of new wells that can be drilled).
Procedural Matters established to receive comments from final rule will not have a significant or
small businesses about Federal agency unique effect on State, local, or tribal
Regulatory Planning and Review (E.O.s
enforcement actions. The Ombudsman governments or the private sector. A
12866 and 13563)
will annually evaluate the enforcement statement containing the information
E.O. 12866 provides that the Office of activities and rate each agency’s required by the Unfunded Mandates
Information and Regulatory Affairs responsiveness to small business. If you Reform Act (2 U.S.C. 1501 et seq.) is not
(OIRA) will review all significant rules. wish to comment on the actions of required.
OIRA has determined that this final rule BSEE, call 1–888–734–3247. You may
is not significant because it will not Takings Implication Assessment (E.O.
comment to the Small Business 12630)
raise novel legal or policy issues. Administration without fear of
E.O. 13563 reaffirms the principles of retaliation. Allegations of Under the criteria in E.O. 12630, this
E.O. 12866 while calling for discrimination/retaliation filed with the final rule does not have significant
improvements in the Nation’s regulatory Small Business Administration will be takings implications. The rulemaking is
system to promote predictability, to investigated for appropriate action. not a governmental action capable of
reduce uncertainty, and to use the best, This final rule is not a major rule interfering with constitutionally
most innovative, and least burdensome under the Small Business Regulatory protected property rights. A Takings
tools for achieving regulatory ends. The Enforcement Fairness Act (5 U.S.C. Implication Assessment is not required.
Executive Order (E.O.) directs agencies 804(2)). This rule:
to consider regulatory approaches that Federalism (E.O. 13132)
a. Will not have an annual effect on Under the criteria in E.O. 13132, this
reduce burdens and maintain flexibility
the economy of $100 million or more. final rule does not have federalism
and freedom of choice for the public
b. Will not cause a major increase in implications. This final rule will not
where these approaches are relevant,
feasible, and consistent with regulatory costs or prices for consumers, substantially and directly affect the
objectives. This rulemaking is consistent individual industries, Federal, State, or relationship between the Federal and
with the principles of E.O. 13563. local government agencies, or State governments. To the extent that
geographic regions. State and local governments have a role
Regulatory Flexibility Act c. Will not have significant adverse in OCS activities, this final rule will not
The Department of the Interior (DOI) effects on competition, employment, affect that role. A Federalism
certifies that this final rule will not have investment, productivity, innovation, or Assessment is not required.
a significant economic effect on a the ability of U.S.-based enterprises to
substantial number of small entities compete with foreign-based enterprises. Civil Justice Reform (E.O. 12988)
under the Regulatory Flexibility Act (5 The requirements will apply to all This final rule complies with the
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U.S.C. 601 et seq.). entities operating on the OCS. requirements of E.O. 12988.
Specifically, this rule:
Small Business Regulatory Enforcement Unfunded Mandates Reform Act of 1995 (a) Meets the criteria of section 3(a)
Fairness Act This final rule will not impose an requiring that all regulations be
The Small Business and Agriculture unfunded mandate on State, local, or reviewed to eliminate errors and
Regulatory Enforcement Ombudsman tribal governments or the private sector ambiguity and be written to minimize
and 10 Regional Fairness Boards were of more than $100 million per year. The litigation; and
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(b) Meets the criteria of section 3(b)(2) List of Subjects Dated: May 16, 2016.
requiring that all regulations be written Amanda C. Leiter,
30 CFR Part 203
in clear language and contain clear legal Acting Assistant Secretary—Land and
standards. Indians—lands, Oil and gas Minerals Management.
exploration, Outer Continental Shelf, For the reasons stated in the
Consultation and Coordination With preamble, the Bureau of Safety and
Sulphur.
Indian Tribal Governments (E.O. 13175) Environmental Enforcement (BSEE)
30 CFR Part 250 amends 30 CFR parts 203, 250, 251, 252,
Under the criteria in E.O. 13175 and
DOI’s Policy on Consultation with Administrative practice and 254, 256, 280, 282, 290, and 291 as
Indian Tribes (Secretarial Order 3317, procedure, Oil and gas and sulphur follows:
Amendment 2, December 31, 2013), we exploration, Outer Continental Shelf, PART 203—RELIEF OR REDUCTION IN
evaluated this final rule and determined Reporting and recordkeeping ROYALTY RATES
that it has no substantial direct effects requirements.
on federally recognized Indian tribes. 30 CFR Part 251 ■ 1. The authority citation for part 203
continues to read as follows:
Paperwork Reduction Act (PRA) of 1995
Freedom of information, Oil and gas Authority: 25 U.S.C. 396 et seq.; 25 U.S.C.
This final rule does not contain new exploration, Outer Continental Shelf, 396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C.
information collection requirements, Reporting and recordkeeping 181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C.
and a submission under the PRA is not requirements, Research. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C.
required. Therefore, an information 9701; 42 U.S.C. 15903–15906; 43 U.S.C. 1301
30 CFR Part 252 et seq.; 43 U.S.C. 1331 et seq.; 43 U.S.C.
collection request is not being submitted 1334.; and 43 U.S.C. 1801 et seq.
to OMB for review and approval under Freedom of information,
the PRA (44 U.S.C. 3501 et seq.). Intergovernmental relations, Oil and gas ■ 2. In part 203, revise all references to
exploration, Outer Continental Shelf, ‘‘381 Elden Street, Herndon, VA 20170’’
National Environmental Policy Act of Reporting and recordkeeping to read ‘‘45600 Woodland Road,
1969 requirements. Sterling, VA 20166’’.
This final rule does not constitute a 30 CFR Part 254 § 203.3 [Amended]
major Federal action significantly ■ 3. Revise § 203.3(b) to read as follows:
affecting the quality of the human Intergovernmental relations, Oil and
environment. BSEE has evaluated this gas exploration, Oil pollution, Outer § 203.3 Do I have to pay a fee to request
rule under the criteria of the National Continental Shelf, Pipelines, Reporting royalty relief?
Environmental Policy Act (NEPA) and and recordkeeping requirements. * * * * *
the Department’s regulations 30 CFR Part 256 (b) You must file all payments
implementing NEPA. This rule meets electronically through the Fees for
the criteria set forth at 43 CFR 46.210(i) Administrative practice and Services page on the BSEE Web site at
for a Departmental Categorical procedure, Environmental protection, http://www.bsee.gov, and you must
Exclusion in that this rule is ‘‘of an Government contracts, include a copy of the Pay.gov
administrative, financial, legal, Intergovernmental relations, Oil and gas confirmation receipt page with your
technical, or procedural nature. . . .’’ exploration, Outer Continental Shelf, application or assessment.
Further, BSEE has analyzed this rule to Reporting and recordkeeping
§ 203.5 [Amended]
determine if it meets any of the requirements, Surety bonds.
extraordinary circumstances that would ■ 4. Amend § 203.5(a) by removing
30 CFR Part 280 ‘‘1010–0071’’ and adding in its place
require an environmental assessment or
an environmental impact statement as Outer Continental Shelf, Reporting ‘‘1014–0005’’.
set forth in 43 CFR 46.215 and has and recordkeeping requirements,
PART 250—OIL AND GAS AND
concluded that this rule does not meet Research.
SULPHUR OPERATIONS IN THE
any of the criteria for extraordinary
30 CFR Part 282 OUTER CONTINENTAL SHELF
circumstances.
Data Quality Act Administrative practice and ■ 5. The authority citation for part 250
procedure, Environmental protection, is revised to read as follows:
In developing this final rule, we did Government contracts, Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
not conduct or use a study, experiment, Intergovernmental relations, Mineral
or survey requiring peer review under royalties, Outer Continental Shelf, ■ 6. In Part 250, revise all references
the Data Quality Act (Pub. L. 106–554, Penalties, Reporting and recordkeeping to‘‘381 Elden Street, Herndon, VA
app. C § 515, 114 Stat. 2763, 2763A– requirements, Surety bonds. 20170’’ to read ‘‘45600 Woodland Road,
153–154). Sterling, VA 20166’’.
30 CFR Part 290
Effects on the Nation’s Energy Supply § 250.102 [Amended]
Administrative practice and
(E.O. 13211) ■ 7. Amend § 250.102(b) by revising the
procedure.
table, to read as follows:
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This final rule is not a significant 30 CFR Part 291
energy action under the definition in § 250.102 What does this part do?
E.O. 13211. A Statement of Energy Administrative practice and * * * * *
Effects is not required. procedure. (b) * * *
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For information about . . . Refer to . . .
(1) Applications for permit to drill, ............................................................ 30 CFR part 250, subpart D.
(2) Development and Production Plans (DPP), ....................................... 30 CFR part 550, subpart B.
(3) Downhole commingling, ...................................................................... 30 CFR part 250, subpart K.
(4) Exploration Plans (EP), ....................................................................... 30 CFR part 550, subpart B.
(5) Flaring, ................................................................................................ 30 CFR part 250, subpart K.
(6) Gas measurement, ............................................................................. 30 CFR part 250, subpart L.
(7) Off-lease geological and geophysical permits, ................................... 30 CFR part 551.
(8) Oil spill financial responsibility coverage, ........................................... 30 CFR part 553.
(9) Oil and gas production safety systems, ............................................. 30 CFR part 250, subpart H.
(10) Oil spill response plans, .................................................................... 30 CFR part 254.
(11) Oil and gas well-completion operations, ........................................... 30 CFR part 250, subpart E.
(12) Oil and gas well-workover operations, ............................................. 30 CFR part 250, subpart F.
(13) Decommissioning Activities, ............................................................. 30 CFR part 250, subpart Q.
(14) Platforms and structures, .................................................................. 30 CFR part 250, subpart I.
(15) Pipelines and Pipeline Rights-of-Way, ............................................. 30 CFR part 250, subpart J and 30 CFR part 550, subpart J.
(16) Sulphur operations, ........................................................................... 30 CFR part 250, subpart P.
(17) Training, ............................................................................................ 30 CFR part 250, subpart O.
(18) Unitization, ........................................................................................ 30 CFR part 250, subpart M.
(19) Safety and Environmental Management Systems (SEMS), ............. 30 CFR part 250, subpart S.
§ 250.114 [Amended] (d) You may inspect these documents 77084; http://www.nace.org; phone:
■ 8. Amend § 250.114(a) by adding, after at the Bureau of Safety and 281–228–6200:
the phrase ‘‘Division 2’’, the Environmental Enforcement, 45600 * * * * *
parenthetical phrase ‘‘(as incorporated Woodland Rd, Sterling, VA 20166; (m) International Organization for
by reference in § 250.198)’’. phone: 1–844–259–4779; or at the Standardization (ISO), 1, ch. de la Voie-
■ 9. Add an undesignated center
National Archives and Records Creuse, CP 56, CH–1211, Geneva 20,
heading, before § 250.118 to read ‘‘GAS Administration (NARA). For Switzerland; www.iso.org; phone: 41–
STORAGE OR INJECTION’’. information on the availability of this 22–749–01–11:
material at NARA, call 202–741–6030, * * * * *
■ 10. Revise § 250.126 to read as
or go to: http://www.archives.gov/
follows:
federal_register/code_of_federal_ § 250.405 [Amended]
§ 250.126 Electronic payment instructions. regulations/ibr_locations.html. ■ 13. Amend § 250.405, in the
(a) You must file all payments * * * * * introductory text, by removing the
electronically through the Fees for (e) American Concrete Institute (ACI), words ‘‘air take’’ and adding in their
Services page on the BSEE Web site at ACI Standards, 38800 Country Club place ‘‘air intake’’.
http://www.bsee.gov. This includes, but Drive, Farmington Hills, MI 48331–
is not limited to, all OCS applications, § 250.610 [Amended]
3439: http://www.concrete.org; phone:
permits, or any filing fees. You must 248–848–3700: ■ 14. Revise § 250.610 to read as
include a copy of the Pay.gov follows:
* * * * *
confirmation receipt page with your
application, permit, or filing fee. (g) American National Standards § 250.610 Diesel engine air intakes.
(b) If you submitted an application or Institute (ANSI), ANSI/ASME Codes, You must equip diesel engine air
permit through eWell, you must use the http://www.webstore.ansi.org; phone: intakes with a device to shut down the
interactive payment feature in that 212–642–4900; and/or American diesel engine in the event of runaway.
system, which directs you through Society of Mechanical Engineers Diesel engines that are continuously
Pay.gov to make a payment. It is (ASME), 22 Law Drive, P.O. Box 2900, attended must be equipped with
recommended that you keep a copy of Fairfield, NJ 07007–2900; http:// remotely operated, manual, or automatic
your payment confirmation receipt in www.asme.org; phone: 1–800–843– shutdown devices. Diesel engines that
the event that any questions arise 2763: are not continuously attended must be
regarding your transaction. * * * * * equipped with automatic shutdown
devices.
§ 250.193 [Amended] (i) American Society for Testing and
Materials (ASTM), ASTM Standards, § 250.611 [Amended]
■ 11. Amend § 250.193(e)(2)(i)(C) by
100 Bar Harbor Drive, P.O. Box C700, ■ 15. Revise § 250.611 to read as
removing ‘‘Herndon, VA’’ and adding in
West Conshohocken, PA 19428–2959; follows:
its place ‘‘Washington, DC’’.
http://www.astm.org; phone: 1–877–
§ 250.198 [Amended] 909–2786: § 250.611 Traveling-block safety device.
■ 12. Amend § 250.198, by revising * * * * * You must equip all units being used
paragraphs (d), (e) introductory text, (g) (j) American Welding Society (AWS), for well-workover operations that have
introductory text, (i) introductory text, AWS Codes, 8669 NW 36 Street, #130, both a traveling block and a crown block
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(j) introductory text, (k) introductory Miami, FL 33126; http://www.aws.org; with a safety device that is designed to
text, and (m) introductory text to read as phone: 800–443–9353: prevent the traveling block from striking
follows: the crown block. You must check the
* * * * * device for proper operation weekly and
§ 250.198 Documents incorporated by (k) National Association of Corrosion after each drill-line slipping operation.
reference. Engineers (NACE) International, NACE You must enter the results of the
* * * * * Standards, Park Ten Place, Houston, TX operational check in the operations log.
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§ 250.713 [Amended] (4) The transfer point serves as a (c) If you conduct drilling or
■ 16. Amend § 250.713(b) by adding regulatory boundary. An operator may production operations in a reservoir
after the phrase ‘‘or DOCD submitted to request that the BSEE Regional determined competitive by the BSEE
BOEM,’’ the phrase ‘‘for that well Supervisor grant an exception to this Regional Supervisor, you and the other
location and conditions,’’. requirement for an individual facility or affected lessees must submit for
area. The Regional Supervisor, in approval a joint Competitive Reservoir
§ 250.803 [Amended] consultation with the appropriate DOT Development Program. You must submit
■ 17. Amend § 250.803(b)(1) pipeline official and affected parties, the joint Competitive Reservoir
introductory text, by adding, after the may grant the request. Development Program within 90 days
phrase ‘‘(ASME) Boiler and Pressure * * * * * after the Regional Supervisor makes a
Vessel Code’’, the parenthetical phrase (12) * * * final determination that the reservoir is
‘‘(as incorporated by reference in (ii) The Regional Supervisor will competitive. The joint Competitive
§ 250.198)’’. decide, on a case-by-case basis, whether Reservoir Development Program must
to grant the operator’s request. In provide for the development and/or
§ 250.806 [Amended] production of the reservoir. You may
considering each petition, the Regional
■ 18. Amend § 250.806(c) by removing Supervisor will consult with the submit supplemental Competitive
‘‘MS–4020’’ and adding in its place appropriate DOT pipeline official. Reservoir Development Programs for the
‘‘VAE–OORP’’, and by removing ‘‘381 (13) * * * Regional Supervisor’s approval.
Elden Street, Herndon, Virginia 20170– (i) The operator’s request must be in (d) If you and the other affected
4817’’ and adding in its place ‘‘45600 the form of a written petition to the lessees cannot reach an agreement on a
Woodland Road, Sterling, VA 20166’’. appropriate DOT pipeline official and joint Competitive Reservoir
the BSEE Regional Supervisor. Development Program, submitted to
§ 250.901 [Amended]
(ii) The BSEE Regional Supervisor BSEE within the approved period of
■ 19. Amend § 250.901(a)(24) by adding, and the appropriate DOT pipeline time, each lessee must submit a separate
after the phrase ‘‘Offshore Structures official will decide how to act on this Competitive Reservoir Development
Associated with Petroleum Production’’, petition. Program to the Regional Supervisor. The
the parenthetical phrase ‘‘(as * * * * * Regional Supervisor will hold a hearing
incorporated by reference in to resolve differences in the separate
§ 250.198)’’. § 250.1015 [Amended] Competitive Reservoir Development
■ 24. Amend § 250.1015 by removing Programs. If the differences in the
§ 250.904 [Amended]
paragraph (e). separate programs are not resolved at
■ 20. Amend § 250.904(b) by removing the hearing and the Regional Supervisor
‘‘≤’’and adding in its place ‘‘>’’. § 250.1018 [Amended] determines that unitization is necessary
§ 250.908 [Amended] ■ 25. Amend § 250.1018 by removing under § 250.1301(b), BSEE will initiate
paragraph (c). unitization under § 250.1304.
■ 21. Amend § 250.908(a), in the table
under ‘‘Then . . .’’, by removing the ■ 26. Amend § 250.1165 by removing § 250.1401 [Removed and Reserved]
word ‘‘analysis’’ and adding in its place the last sentence of paragraph (b) and
■ 28. Remove and reserve § 250.1401.
‘‘fatigue analysis’’ in paragraph (a)(1), adding two sentences in its place to read
■ 29. Amend § 250.1455 by revising
and by removing the word ‘‘maximum’’ as follows:
paragraph (b)(2) to read as follows:
wherever it appears and adding in its § 250.1165 What must I do for enhanced
place ‘‘minimum’’. recovery operations? § 250.1455 Does my request for a hearing
on the record affect the penalties?
§ 250.920 [Amended] * * * * *
(b) * * * The proposed plan must * * * * *
■ 22. Amend § 250.920(b) by removing (b) * * *
include, for each project reservoir, a (2) To stay the accrual of penalties,
‘‘operational loading, or inadequate
geologic and engineering overview and you must post a bond or other surety
deck height your platform’’ and adding
any additional information required by instrument, or demonstrate financial
in its place ‘‘operational loading,
the BSEE Regional Supervisor. You also solvency, using the standards and
inadequate deck height, or’’.
must submit Form BOEM–0127 to requirements as prescribed in BOEM’s
■ 23. Amend § 250.1000, paragraphs
BOEM along with the supporting data regulations, 30 CFR part 550, subpart N.
(c)(3)(i) and (iv), (c)(4), (c)(12)(ii), and specified in BOEM regulations, 30 CFR
(c)(13)(i) and (ii), to read as follows: The posted amount must cover the
part 550, subpart K. unpaid principal and interest due for
§ 250.1000 General requirements. * * * * * the Notice of Noncompliance, plus the
* * * * * ■ 27. Amend § 250.1302 by revising the amount of any penalties accrued before
(c) * * * first sentence of paragraph (a), and the date a stay becomes effective.
(3) * * * paragraphs (c) and (d), to read as * * * * *
(i) Each producing operator must, if follows: ■ 30. Amend § 250.1463 by revising
practical, durably mark all of its above-
water transfer points as of the date a § 250.1302 What if I have a competitive paragraph (b)(2) to read as follows:
pipeline begins service. reservoir on a lease?
§ 250.1463 Does my request for a hearing
* * * * * (a) The Regional Supervisor may on the record affect the penalties?
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(iv) If adjoining producing and require you to conduct development * * * * *
transporting operators cannot agree on a and production operations in a (b) * * *
transfer point, the BSEE Regional competitive reservoir under either a (2) To stay the accrual of penalties,
Supervisor and the appropriate joint Competitive Reservoir you must post a bond or other surety
Department of Transportation (DOT) Development Program submitted to instrument, or demonstrate financial
pipeline official may jointly determine BSEE or a unitization agreement. * * * solvency, using the standards and
the transfer point. * * * * * requirements as prescribed in BOEM’s
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regulations, 30 CFR part 550, subpart N. to Application for Permit to Drill (APD, (e) If your facility is located landward
The posted amount must cover the Form BSEE–0123), and Supplemental of the coast line, but you believe your
unpaid principal and interest due for APD Information Sheet (Form BSEE– facility is sufficiently similar to OCS
the Notice of Noncompliance, plus the 0123S). The title of this information facilities that it should be regulated by
amount of any penalties accrued before collection is ‘‘30 CFR Part 250, BSEE, you may contact the Chief, OSPD,
the date a stay becomes effective. Application for Permit to Drill (APD, offer to accept BSEE jurisdiction over
* * * * * Revised APD) Supplemental APD your facility, and request that BSEE seek
■ 31. Remove the undesignated heading, Information Sheet, and all supporting from the agency with jurisdiction over
directly above § 250.1490, ‘‘BONDING documents.’’ your facility a relinquishment of that
REQUIREMENTS’’. jurisdiction.
PART 252—OUTER CONTINENTAL ■ 43. Revise § 254.2 to read as follows:
§§ 250.1490 and 250.1491 [Removed] SHELF (OCS) OIL AND GAS
■ 32. Remove §§ 250.1490 and INFORMATION PROGRAM § 254.2 When must I submit an OSRP?
250.1491. (a) You must submit, and BSEE must
■ 39. The authority citation for part 252
■ 33. Remove the undesignated heading, approve, an OSRP that covers each
continues to read as follows:
directly above § 250.1495, ‘‘FINANCIAL facility located seaward of the coast line
SOLVENCY REQUIREMENTS’’. Authority: OCS Lands Act, 43 U.S.C. 1331 before you may use that facility. To
et seq., as amended, 92 Stat. 629; Freedom of continue operations, you must operate
§§ 250.1495, 250.1496, and 250.1497 Information Act, 5 U.S.C. 552; § 252.3 also the facility in compliance with the
[Removed] issued under Pub. L. 99–190 making
continuing appropriations for Fiscal Year
OSRP.
■ 34. Remove §§ 250.1495, 250.1496, 1986, and for other purposes. (b) Despite the provisions of
and 250.1497. paragraph (a) of this section, you may
§ 252.2 [Amended] operate your facility after you submit
§ 250.1609 [Amended]
■ 40. Amend § 252.2, in paragraph (5) of your OSRP while BSEE reviews it for
■ 35. Amend § 250.1609(b) by removing the definition of Affected State, by approval. To operate a facility without
‘‘timelapse’’ and adding in its place removing ‘‘oilspill’’ and adding in its an approved OSRP, you must certify in
‘‘time lapse’’. place ‘‘oil spill’’. writing to the Chief, OSPD that you
■ 36. Amend § 250.1920 by revising have the capability to respond, to the
paragraph (b)(5) and by adding PART 254—OIL–SPILL RESPONSE maximum extent practicable, to a worst
paragraph (e) to read as follows: REQUIREMENTS FOR FACILITIES case discharge or a substantial threat of
LOCATED SEAWARD OF THE COAST such a discharge. The certification must
§ 250.1920 What are the auditing
LINE show that you have ensured by contract,
requirements for my SEMS program?
or other means approved by the Chief,
* * * * * ■ 41. The authority citation for part 254 OSPD, the availability of private
(b) * * * continues to read as follows: personnel and equipment necessary to
(5) Section 12.5 Audit Frequency. You respond to the discharge. Verification
must have your SEMS program audited Authority: 33 U.S.C. 1321.
from the organization(s) providing the
by an ASP within 2 years after initial § 254.1 [Amended] personnel and equipment must
implementation and every 3 years accompany the certification. BSEE will
thereafter. The 3-year auditing cycle ■ 42. Amend § 254.1 by revising the
section heading and paragraphs (a), (b), not allow you to operate a facility for
begins on the start date of each more than 2 years without an approved
comprehensive audit (including the (d), and (e) to read as follows:
OSRP.
initial implementation audit) and ends § 254.1 Who must submit an oil spill
on the start date of your next ■ 44. Revise § 254.3 to read as follows:
response plan (OSRP)?
comprehensive audit. (a) If you are the owner or operator of § 254.3 May I cover more than one facility
* * * * * an oil handling, storage, or in my OSRP?
(e) BSEE may verify that you transportation facility, and it is located (a) Your OSRP may be for a single
undertook the corrective actions and seaward of the coast line, you must lease or facility or a group of leases or
that these actions effectively address the submit an oil spill response plan (OSRP) facilities. All the leases or facilities in
audit findings. to BSEE for approval. Your OSRP must your plan must have the same owner or
demonstrate that you can respond operator (including affiliates) and must
PART 251—GEOLOGICAL AND quickly and effectively whenever oil is be located in the same BSEE Region (see
GEOPHYSICAL (G&G) EXPLORATIONS discharged from your facility. Refer to definition of Regional OSRP in § 254.6).
OF THE OUTER CONTINENTAL SHELF § 254.6 for the definitions of oil, facility, (b) Regional OSRPs must address all
■ 37. The authority citation for part 251 and coast line if you have any doubts the elements required for an OSRP in
continues to read as follows: about whether to submit a plan. subpart B, or subpart D of this part, as
(b) You must maintain a current OSRP appropriate.
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. for an abandoned facility until you (c) When developing a Regional
§ 251.15 [Amended] physically remove or dismantle the OSRP, you may group leases or facilities
facility or until the Chief, Oil Spill subject to the approval of the Chief,
■ 38. Revise § 251.15 to read as follows: Preparedness Division (OSPD) notifies OSPD, for the purposes of:
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§ 251.15 Authority for information you in writing that a plan is no longer (1) Calculating response times;
collection. required. (2) Determining quantities of response
The Office of Management and Budget * * * * * equipment;
has approved the information collection (d) If you are in doubt as to whether (3) Conducting oil-spill trajectory
requirements in this part under 44 you must submit a plan for an offshore analyses;
U.S.C. 3501 et seq. and assigned OMB facility or pipeline, you should check (4) Determining worst case discharge
control number 1014–0025 as it pertains with the Chief, OSPD. scenarios; and
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(5) Identifying areas of special OSRP means an Oil Spill Response include a cross reference table to
economic and environmental Plan. identify the location of required
importance that may be impacted and * * * * * sections. You may use alternate contents
the strategies for their protection. Spill management team means the if you can demonstrate to the Chief,
(d) The Chief, OSPD, may specify how trained persons identified in an OSRP OSPD that they provide for equal or
to address the elements of a Regional who staff the organizational structure to greater levels of preparedness.
OSRP. The Chief, OSPD, also may manage spill response. (b) Your OSRP must include:
require that Regional OSRPs contain (1) Introduction and OSRP contents.
* * * * *
additional information if necessary for * * * * *
■ 48. Revise § 254.7 to read as follows:
compliance with appropriate laws and
regulations. § 254.22 [Amended]
§ 254.7 How do I submit my OSRP to the
■ 45. Revise § 254.4 to read as follows: BSEE? ■ 52. Amend § 254.22, in the section
You must submit the number of heading, introductory text, and
§ 254.4 May I reference other documents paragraphs (a), (c), and (d), by removing
in my OSRP?
copies of your OSRP that the
appropriate BSEE regional office ‘‘plan’’ and adding in its place ‘‘OSRP’’.
You may reference information requires. If you prefer to use improved
contained in other readily accessible § 254.23 [Amended]
information technology such as
documents in your OSRP. Examples of electronic filing to submit your plan, ask ■ 53. Amend § 254.23, in the
documents that you may reference are the Chief, OSPD, for further guidance. introductory text, by removing
the National Contingency Plan (NCP), (a) Send OSRPs for facilities located ‘‘response plan’’ and adding in its place
Area Contingency Plan (ACP), BSEE or seaward of the coast line of Alaska to: ‘‘OSRP’’.
BOEM environmental documents, and Bureau of Safety and Environmental
Oil Spill Removal Organization (OSRO) § 254.25 [Amended]
Enforcement, Oil Spill Preparedness
documents that are readily accessible to Division, Attention: Senior Analyst, ■ 54. Amend § 254.25, in the first
the Chief, OSPD. You must ensure that 3801 Centerpoint Drive, Suite #500, sentence, by removing ‘‘plan’’ and
the Chief, OSPD, possesses or is Anchorage, AK 99503–5823. adding in its place ‘‘OSRP’’.
provided with copies of all OSRO (b) Send OSRPs for facilities in the ■ 55. Revise § 254.30 to read as follows:
documents you reference. You should Gulf of Mexico or Atlantic Ocean to:
contact the Chief, OSPD, if you want to § 254.30 When must I revise my OSRP?
Bureau of Safety and Environmental
know whether a reference is acceptable. (a) You must review your OSRP at
Enforcement, Oil Spill Preparedness
■ 46. Amend § 254.5 by revising least every 2 years and submit all
Division, Attention: GOM Section
paragraphs (a), (b), and (d) to read as resulting modifications to the Chief,
Supervisor, 1201 Elmwood Park
follows: OSPD. If this review does not result in
Boulevard, New Orleans, LA 70123–
modifications, you must inform the
§ 254.5 General OSRP requirements.
2394.
Chief, OSPD, in writing that there are no
(c) Send OSRPs for facilities in the
(a) The OSRP must provide for changes.
Pacific Ocean (except seaward of the
response to an oil spill from the facility. (b) You must submit revisions to your
coast line of Alaska) to: Bureau of Safety
You must immediately carry out the OSRP for approval within 15 days
and Environmental Enforcement, Oil
provisions of the OSRP whenever there whenever:
Spill Preparedness Division, Attention: (1) A change occurs which
is a release of oil from the facility. You Senior Analyst, 760 Paseo Camarillo,
must also carry out the training, significantly reduces your response
Suite 201, Camarillo, CA 93010–6002. capabilities;
equipment testing, and periodic drills
described in the OSRP, and these § 254.9 [Amended] (2) A significant change occurs in the
measures must be sufficient to ensure worst case discharge scenario or in the
■ 49. Amend § 254.9 in paragraph (a), type of oil being handled, stored, or
the safety of the facility and to mitigate by removing ‘‘1010–0091’’ and adding
or prevent a discharge or a substantial transported at the facility;
in its place ‘‘1014–0007’’ and in (3) There is a change in the name(s)
threat of a discharge. paragraph (d), by removing ‘‘381 Elden
(b) The OSRP must be consistent with or capabilities of the oil spill removal
Street, Herndon, VA 20170’’ and adding organizations cited in the OSRP; or
the National Contingency Plan and the in its place ‘‘45600 Woodland Road,
appropriate Area Contingency Plan(s). (4) There is a significant change to the
Sterling, VA 20166’’. Area Contingency Plan(s).
* * * * * (c) The Chief, OSPD, may require that
(d) In addition to the requirements § 254.20 [Amended]
you resubmit your OSRP if the OSRP
listed in this part, you must provide any ■ 50. Amend § 254.20 by removing has become outdated or if numerous
other information the Chief, OSPD, ‘‘spill-response plans’’ and adding in its revisions have made its use difficult.
requires for compliance with place ‘‘OSRPs’’. (d) The Chief, OSPD, will periodically
appropriate laws and regulations. ■ 51. Amend 254.21 by revising the review the equipment inventories of
■ 47. Amend § 254.6 by adding in section heading and paragraphs (a), (b) OSRO’s to ensure that sufficient spill
alphabetical order the definitions for introductory text, and (b)(1) to read as removal equipment is available to meet
‘‘Chief, OSPD’’ and ‘‘OSRP’’, and by follows: the cumulative needs of the owners and
revising the definition of ‘‘Spill operators who cite these organizations
management team’’, to read as follows: § 254.21 How must I format my OSRP? in their OSRPs.
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(a) You must divide your OSRP for (e) The Chief, OSPD, may require you
§ 254.6 Definitions. OCS facilities into the sections specified to revise your OSRP if significant
* * * * * in paragraph (b) of this section and inadequacies are indicated by:
Chief, OSPD means the Chief, BSEE explained in the other sections of this (1) Periodic reviews (described in
Oil Spill Preparedness Division or subpart. The OSRP must have an easily paragraph (d) of this section);
designee. found marker identifying each section. (2) Information obtained during drills
* * * * * You may use an alternate format if you or actual spill responses; or
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(3) Other relevant information the § 254.47 [Amended] §§ 256.62 through 256.68, § 256.76, and
Chief, OSPD, obtained. § 256.80 [Removed]
■ 62. Amend § 254.47(d) by removing
§ 254.41 [Amended] ‘‘Regional Supervisor’’ and adding in its ■ 73. Remove reserved §§ 256.62
place ‘‘Chief, OSPD,’’. through 256.68, § 256.76, and § 256.80.
■ 56. Amend § 254.41(d) by removing
‘‘response plan’’ and adding in its place § 254.51 [Amended] Subparts M and N [Removed]
‘‘OSRP’’. ■ 63. Amend § 254.51, in the section
heading by removing ‘‘response plan’’ ■ 74. Remove reserved subparts M and
■ 57. Amend § 254.42 as follows:
and adding in its place ‘‘OSRP’’, and in N.
■ a. Revise paragraphs (a), (b)(2), and
(e). the text by removing ‘‘this plan’’ and PART 280—PROSPECTING FOR
■ b. Amend paragraphs (f) and (h), by
adding in its place ‘‘this OSRP’’. MINERALS OTHER THAN OIL, GAS,
removing ‘‘Regional Supervisor’’ and § 254.52 [Amended] AND SULPHUR ON THE OUTER
adding in its place ‘‘Chief, OSPD,’’ and CONTINENTAL SHELF
■ 64. Amend § 254.52, in the section
amend paragraph (i) by removing
heading by removing ‘‘response plan’’ ■ 75. The authority citation for part 280
‘‘Regional Supervisor’’ and adding in its
and adding in its place ‘‘OSRP’’, and in continues to read as follows:
place ‘‘Chief, OSPD.’’.
the text by removing ‘‘plan’’ and adding
in its place ‘‘OSRP’’. Authority: 43 U.S.C. 1334.
§ 254.42 Exercises for your response
personnel and equipment. § 280.25 [Amended]
§ 254.53 [Amended]
(a) You must exercise your entire ■ 76. Amend § 280.25, paragraph (a)(2),
OSRP at least once every 3 years ■ 65. Amend § 254.53, in the section
heading by removing ‘‘response plan’’ by removing the word ‘‘our’’ and adding
(triennial exercise). You may satisfy this in its place ‘‘the’’.
requirement by conducting separate and adding in its place ‘‘OSRP’’, and in
exercises for individual parts of the paragraph (a) introductory text by § 280.28 [Amended]
OSRP over the 3-year period; you do not removing ‘‘plan’’ and adding in its place
‘‘OSRP’’. ■ 77. Amend § 280.28, paragraph (a), by
have to exercise your entire OSRP at one adding ‘‘Bureau of Ocean Energy
time. § 254.54 [Amended] Management’’ before ‘‘Regional
(b) * * * Director’’.
■ 66. Amend § 254.54, by removing
(2) An annual deployment exercise of ‘‘response plan’’ and adding in its place
response equipment identified in your PART 282—OPERATIONS IN THE
‘‘OSRP’’ and by removing ‘‘Regional
OSRP that is staged at onshore OUTER CONTINENTAL SHELF FOR
Supervisor’’ and adding in its place
locations. You must deploy and operate MINERALS OTHER THAN OIL, GAS,
‘‘Chief, OSPD,’’.
each type of equipment in each triennial AND SULPHUR
period. However, it is not necessary to PART 256—LEASING OF SULPHUR OR
deploy and operate each individual ■ 78. The authority citation for part 282
OIL AND GAS IN THE OUTER
piece of equipment. continues to read as follows:
CONTINENTAL SHELF
* * * * * Authority: 43 U.S.C. 1334.
(e) All records of spill-response ■ 67. The authority citation for part 256 ■ 79. Amend § 282.0 by designating the
exercises must be maintained for the continues to read as follows: existing paragraph as paragraph (a), by
complete 3-year exercise cycle. Records Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, removing in that paragraph the number
should be maintained at the facility or 43 U.S.C. 1334, Pub. L. 109–432. ‘‘1010–0081’’ and adding in its place
at a corporate location designated in the ‘‘1014–0021’’, and by adding new
§ 256.0 and §§ 256.2 through 256.5
OSRP. Records showing that OSROs and [Removed]
paragraph (b) to read as follows:
oil spill removal cooperatives have
■ 68. Remove reserved § 256.0 and § 282.0 Authority for information
deployed each type of equipment also collection.
must be maintained for the 3-year cycle. reserved §§ 256.2 through 256.5.
■ 69. Amend § 256.7 by adding * * * * *
* * * * * (b) Send comments regarding any
paragraph (j) to read as follows:
§ 254.43 [Amended] aspect of the collection of information
§ 256.7 Cross references. under this part, including suggestions
■ 58. Amend § 254.43(a) by removing * * * * * for reducing the burden, to: Information
‘‘response plan’’ and adding in its place (j) For Bureau of Ocean Energy Collection Clearance Officer, Bureau of
‘‘OSRP’’. Management (BOEM) regulations, see 30 Safety and Environmental Enforcement,
§ 254.44 [Amended] CFR chapter V. 45600 Woodland Road, Sterling, VA
20166.
■ 59. Amend § 254.44(a) by removing §§ 256.8 through 256.12 [Removed]
‘‘response plan’’ and adding in its place ■ 70. Remove reserved §§ 256.8 through § 282.3 [Amended]
‘‘OSRP’’. 256.12. ■ 80. Amend § 282.3, in the definition
§ 254.45 [Amended] of Geological sample, by removing
Subparts B Through I [Removed] ‘‘overylying’’ and adding in its place
■ 60. Amend § 254.45(a) by removing ‘‘overlying’’.
■71. Remove reserved subparts B
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‘‘response plan’’ and adding in its place ■ 81. Amend § 282.13 by revising
‘‘OSRP’’. Through I.
paragraphs (d) and (e)(2) to read as
§ 254.46 [Amended] Subparts J Through L [Redesignated follows:
as Subparts B through D]
■ 61. Amend § 254.46(b)(2) by removing § 282.13 Suspension of production or
‘‘Regional Supervisor’’ and adding in its ■ 72. Redesignate subparts J through L other operations.
place ‘‘Chief, OSPD’’. as subparts B through D respectively. * * * * *
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![36154 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
(d) The Director may, at any time PART 290—APPEAL PROCEDURES DEPARTMENT OF HOMELAND
within the period prescribed for a SECURITY
suspension or temporary prohibition ■ 84. Revise the authority citation for
issued pursuant to paragraph (b)(2) of part 290 to read as follows: Coast Guard
this section, require the lessee to submit
a Delineation, Testing, or Mining Plan to Authority: 5 U.S.C. 305; 43 U.S.C. 1334. 33 CFR Parts 100 and 165
the Bureau of Ocean Energy ■ 85. Revise § 290.4(b)(1) to read as [Docket No. USCG–2015–1052]
Management for approval in accordance follows:
with the requirements for the approval RIN 1625–AA08; AA00
of such plans in part 582 of this title. § 290.4 How do I file an appeal?
Special Local Regulations and Safety
(e) * * * * * * * *
Zones; Recurring Marine Events Held
(2) When the Director determines that (b) * * * in the Coast Guard Sector Northern
measures are necessary, on the basis of (1) You must pay electronically New England Captain of the Port Zone
the results of the studies conducted in through the Fees for Services page on
accordance with paragraph (e)(1) of this AGENCY: Coast Guard, DHS.
the BSEE Web site at http://
section and other information available ACTION: Final rule.
www.bsee.gov, and you must include a
to and identified by the Director, the
copy of the Pay.gov confirmation receipt SUMMARY: The Coast Guard is updating
lessee will be required to take
page with your Notice of Appeal. the special local regulations and
appropriate measures to mitigate, avoid,
or minimize the damage or potential * * * * * permanent safety zones in the Coast
damage on which the suspension or Guard Sector Northern New England
temporary prohibition is based. In PART 291—OPEN AND Captain of the Port Zone for annual
choosing between alternative mitigation NONDISCRIMINATORY ACCESS TO recurring marine events. When
measures, the Director will balance the OIL AND GAS PIPELINES UNDER THE enforced, these special local regulations
cost of the required measures against the OUTER CONTINENTAL SHELF LANDS and safety zones will restrict vessels
reduction or potential reduction in ACT from portions of water areas during
damage or threat of damage or harm to certain annually recurring events. The
life (including fish and other aquatic ■ 86. The authority citation for part 291 special local regulations and safety
life), to property, to any mineral continues to read as follows: zones are intended to expedite public
deposits (in areas leased or not leased), notification and ensure the protection of
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
to the National security or defense, or to the maritime public and event
the marine, coastal, or human ■ 87. Amend part 291, in §§ 291.103 participants from the hazards associated
environment. When deemed appropriate introductory text, 291.106(a), 291.107(a) with certain maritime events.
by the Director, the lessee must submit and (b)(1), and 291.109(a)(1) and (b), by DATES: This rule is effective June 6,
to the Bureau of Ocean Energy revising ‘‘Office of Policy Analysis’’ to 2016.
Management a revised Delineation, read ‘‘Office of Policy and Analysis’’.
ADDRESSES: To view documents
Testing, or Mining Plan that mentioned in this preamble as being
§ 291.1 [Amended]
incorporates the mitigation measures available in the docket, go to http://
required by the Director. ■ 88. Amend § 291.1 in paragraph (a), www.regulations.gov, type USCG–
* * * * * by removing ‘‘1010–0172’’ and adding USCG–2015–1052 in the ‘‘SEARCH’’
in its place ‘‘1014–0012’’ and in box and click ‘‘SEARCH.’’ Click on
§ 282.14 [Amended]
paragraph (e), by removing ‘‘381 Elden Open Docket Folder on the line
■ 82. Amend § 282.14(c) by revising Street, Herndon, VA 20170’’ and adding associated with this rule.
‘‘$10,000’’ to read ‘‘$40,000’’. in its place ‘‘45600 Woodland Road, FOR FURTHER INFORMATION CONTACT: If
Sterling, VA 20166’’. you have questions about this
§ 282.27 [Amended]
rulemaking, call or email Chief Marine
§ 291.107 [Amended]
■ 83. Revise § 282.27(d)(2) to read as Science Technician Chris Bains,
follows: ■ 89. Amend § 291.107, paragraph Waterways Management Division at
(b)(1), by removing ‘‘(202)–208–3530);’’ Coast Guard Sector Northern New
§ 282.27 Conduct of operations.
and adding in its place ‘‘(202) 208– England, telephone (207) 347–5003, or
* * * * * email Chris.D.Bains@uscg.mil.
1901);’’.
(d) * * * SUPPLEMENTARY INFORMATION:
(2) A lessee shall, on request by the ■ 90. Amend § 291.108 by revising
Director, furnish food, quarters, and paragraph (a) to read as follows: I. Table of Abbreviations
transportation for BSEE representatives § 291.108 How do I pay the processing CFR Code of Federal Regulations
to inspect its facilities. Upon request, fee? DHS Department of Homeland Security
you will be reimbursed by BSEE for the FR Federal Register
actual costs that you incur as a result of (a) You must pay the processing fee NPRM Notice of proposed rulemaking
providing transportation to BSEE electronically through the Fees for § Section
Services page on the BSEE Web site at SLR Special Local Regulation
representatives. In addition, you will be U.S.C. United States Code
http://www.bsee.gov, and you must
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reimbursed for the actual costs that you COTP Captain of the Port
incur for providing food and quarters for include a copy of the Pay.gov
a BSEE representative’s stay of more confirmation receipt page with your II. Background Information and
than 12 hours. You must submit an complaint. Regulatory History
invoice for reimbursement within 90 * * * * * On February 25, 2016, the Coast
days of the inspection. [FR Doc. 2016–12487 Filed 6–3–16; 8:45 am] Guard published an NPRM in the
* * * * * BILLING CODE 4310–VH–P Federal Register titled Special Local
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Document Created: 2016-06-04 00:17:00
Document Modified: 2016-06-04 00:17:00
| 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 rule becomes effective on July 28, 2016. | |
| Contact | Amy White, Regulations and Standards Branch at (703) 787-1665 or email at [email protected] | |
| FR Citation | 81 FR 36145 | |
| RIN Number | 1014-AA15 | |
| CFR Citation | 30
CFR
203 30 CFR 250 30 CFR 251 30 CFR 252 30 CFR 254 30 CFR 256 30 CFR 280 30 CFR 282 30 CFR 290 30 CFR 291 | |
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