81 FR 53348 - Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Decommissioning Costs for Pipelines

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53348-53353
FR Document2016-19057

The Bureau of Safety and Environmental Enforcement (BSEE) proposes to amend the regulations requiring lessees and owners of operating rights to submit summaries of actual decommissioning expenditures incurred for certain decommissioning activities related to oil and gas and sulfur operations on the Outer Continental Shelf (OCS). The proposed rule would expand the scope of the current regulations to require lessees, owners of operating rights, and right-of-way (ROW) holders to submit summaries of actual expenditures incurred for pipeline decommissioning activities.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53348-53353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19057]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2016-0004; 16XE1700DX EEEE500000 EX1SF0000.DAQ000]
RIN 1014-AA32


Oil and Gas and Sulfur Operations in the Outer Continental 
Shelf--Decommissioning Costs for Pipelines

AGENCY: Bureau of Safety and Environmental Enforcement, Department of 
the Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Safety and Environmental Enforcement (BSEE) 
proposes to amend the regulations requiring lessees and owners of 
operating rights to submit summaries of actual decommissioning 
expenditures incurred for certain decommissioning activities related to 
oil and gas and sulfur operations on the Outer Continental Shelf (OCS). 
The proposed rule would expand the scope of the current regulations to 
require lessees, owners of operating rights, and right-of-way (ROW) 
holders to submit summaries of actual expenditures incurred for 
pipeline decommissioning activities.

DATES: Submit comments by September 12, 2016. BSEE may not fully 
consider comments received after this date. You may submit comments to 
the Office of Management and Budget (OMB) on the information collection 
burden in this proposed rule by September 12, 2016.

ADDRESSES: You may submit comments on this proposed rulemaking by any 
of the following methods. Please use the Regulation Identifier Number 
(RIN) 1014-AA32 as an identifier in your message. BSEE may post all 
submitted comments on a public Web site.
    1. Submit comments electronically via the Federal eRulemaking 
Portal: http://www.regulations.gov. In the entry titled ``Enter Keyword 
or ID,'' enter BSEE-2016-0004, then click ``Search.'' Follow the 
instructions to submit public comments and view supporting and related 
materials available for this proposed rulemaking.
    2. Mail or hand-carry comments to the Department of the Interior 
(DOI); Bureau of Safety and Environmental Enforcement; Attention: 
Regulations and Standards Branch; 45600 Woodland Road, Sterling, VA 
20166, VAE-ORP. Please reference ``Decommissioning Costs for Pipelines, 
1014-AA32'' in your comments and include your name and return address.
    3. Comments on the information collection contained in this 
proposed rule should be submitted separately from those on the 
substance of the proposed rule. Send comments on the information 
collection burden in this proposed rule to: OMB, Interior Desk Officer 
1014-AA32, 202-395-5806 (fax); or email: [email protected]. 
Please send a copy of your comments to BSEE using one of the methods 
previously described.

FOR FURTHER INFORMATION CONTACT: Betty Cox, Regulatory Analyst, 
Regulations and Standards Branch, [email protected], (703) 787-1616.

SUPPLEMENTARY INFORMATION: 

BSEE's Functions and Authority

    BSEE promotes safety, protects the environment, and conserves 
natural resources through vigorous regulatory oversight and enforcement 
of certain activities on the OCS. BSEE derives its authority primarily 
from the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331-
1356a. Congress enacted OCSLA in 1953, codifying Federal control over 
the OCS and authorizing the Secretary of the Interior (Secretary) to 
regulate oil and natural gas exploration, development, and production 
operations on the OCS. The Secretary has authorized BSEE to perform 
certain of these functions, including overseeing decommissioning. (See 
30 CFR 250.101; 30 CFR part 250, subpart Q.) To carry out its 
responsibilities, BSEE regulates exploration, development, and 
production of oil and natural gas to enhance safety and environmental 
protection in a way that reflects advancements in technology and new 
information. BSEE also conducts onsite inspections to ensure compliance 
with regulations, lease terms, and approved plans or permits. Detailed 
information concerning BSEE's regulations and guidance for the offshore 
industry may be found on BSEE's Web site at: www.bsee.gov/Regulations-and-Guidance/index.

Public Participation and Availability of Comments

    BSEE encourages you to participate in this proposed rulemaking by 
submitting written comments, as discussed in the ADDRESSES and DATES 
sections of this proposed rule. This proposed rule provides 30 days for 
public comment for the following reasons. The need for submission of 
actual decommissioning cost information for plugging wells, removing 
platforms, and clearing of sites was explained in a proposed rule 
published on May 27, 2009 (74 FR 25177) and a final rule published on 
December 4, 2015 (80 FR75806). That final rule addressed and responded 
to all of the relevant comments submitted on the proposed rule. This 
proposed rule would extend the existing requirements for submitting 
summaries of actual decommissioning costs (30 CFR 250.1704(i) and (j)) 
to pipelines. The reasons for this proposed rule, as discussed in the 
Background and Purpose of Proposed Amendment sections of this notice 
are effectively the same for pipelines as the reasons discussed in the 
December 4, 2016 rule for the reporting of decommissioning costs for 
other facilities. BSEE does not expect that public comments on this 
proposed rule are likely to raise any significant issues that were not 
raised in the earlier decommissioning cost reporting rulemaking. 
Moreover, the affected stakeholders in the oil and gas industry are 
already familiar with the terms and requirements of the existing 
decommissioning cost reporting rule, which would apply without change 
to pipelines under this proposed rule. Accordingly, BSEE has determined 
that 30 days provides a reasonable and adequate opportunity for the 
public to comment on this proposed rule.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment on this proposed 
rule,

[[Page 53349]]

however, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Background

    Among its responsibilities, BSEE regulates certain types of oil and 
gas pipelines used on the OCS. (See 30 CFR 250.1000-250.1019). In 
general, BSEE regulates pipelines or pipeline segments on the OCS that 
are operated by oil and gas producers, as opposed to pipelines operated 
by transporters. Specifically, BSEE regulates producer-operated 
pipelines that: (1) Extend upstream (generally seaward) from each point 
on the OCS at which operating responsibility transfers from a producing 
operator to a transporting operator; (2) extend upstream (generally 
seaward) from the last valve (including associated safety equipment) on 
the last OCS production facility and that do not connect to a 
transporter-operated pipeline on the OCS before crossing into State 
waters; or (3) connect production facilities on the OCS. (See Sec.  
250.1001.) BSEE also regulates transporter-operated pipelines that DOI 
and the U.S. Department of Transportation (DOT) have agreed are to be 
regulated as DOI pipelines as well as all other OCS pipelines not 
subject to DOT regulation.\1\ (See id.)
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    \1\ BSEE-regulated pipelines are also referred to as ``DOI 
pipelines.'' See 30 CFR 250.1001. Pipelines subject to DOT 
regulations are commonly referred to as ``DOT pipelines,'' see id., 
and are regulated by the DOT Pipeline and Hazardous Materials Safety 
Administration (PHMSA).
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    Pipelines regulated by BSEE generally fall within two categories: 
(1) ``lease term'' pipelines (i.e., pipelines owned and operated by a 
lessee or operator and located entirely within the boundaries of a 
single lease, unitized leases, or the contiguous leases of that lessee 
or operator); or (2) ROW pipelines (i.e., OCS pipelines owned and 
operated by an entity other than the lessee or operator of the 
lease(s), unit, or contiguous leases in which the pipeline is 
contained, as well as pipelines that cross unleased areas).\2\ Among 
other things, BSEE approves the installation, modification, and 
decommissioning of all lease term and ROW pipelines, and the 
modification or relinquishment of all pipeline ROW grants on the OCS. 
BSEE's regulations for decommissioning pipelines are found at 30 CFR 
250.1700 through 250.1704 and 250.1750 through 250.1754.
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    \2\ ROW pipelines also include all DOI pipelines not defined as 
lease term pipelines. See 30 CFR 250.1001 for definitions of lease 
term pipelines and ROW pipelines.
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    As of August 1, 2016, BSEE regulates 4,842 active pipeline segments 
\3\ (totaling approximately 20,837 miles) and 1,553 out-of-service 
pipeline segments (totaling approximately 2,249 miles). In addition, 
BSEE has regulatory authority over 8,832 decommissioned pipeline 
segments, as well as 825 pipeline segments that have been approved for 
decommissioning.
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    \3\ BSEE assigns pipeline segment numbers as specific pipeline 
identifiers.
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    BSEE's requirements for decommissioning a pipeline are found at 
Sec. Sec.  250.1750-250.1754. Pursuant to Sec.  250.1751, requirements 
for decommissioning a pipeline in place include: pigging (to remove any 
residual hydrocarbons from the pipeline), unless the Regional 
Supervisor determines that pigging is not practical; flushing and 
filling the pipeline with seawater; cutting and plugging the ends of 
the pipeline; and burying the ends at least 3 feet below the seafloor 
or covering the ends with protective concrete mats, if required by the 
Regional Supervisor. Section 250.1751(g) also requires removal of all 
valves and other fittings that could unduly interfere with other uses 
of the OCS.
    In addition, under Sec.  250.1754, BSEE has the authority to 
require that lessees, owners of operating rights, and ROW holders 
remove pipelines previously decommissioned in place if and when the 
Regional Supervisor determines that the pipeline is an obstruction.
    BSEE's requirements for decommissioning by removing all or part of 
a pipeline are found at Sec.  250.1752 and include, in part, pigging 
and flushing the pipeline (unless the Regional Supervisor determines 
that pigging is not practical) before removal.

Purpose of Proposed Amendment

    In 2009, BSEE's predecessor agency, the Minerals Management Service 
(MMS), proposed new reporting requirements related to lease term 
pipelines when MMS approves a lease assignment. (See 74 FR 25177 (May 
27, 2009).) MMS also proposed to require the submission of information 
on expenditures for decommissioning of wells, platforms and other 
facilities and for site clearance. (See id.)
    In a final rule published on December 4, 2015, BSEE amended its 
regulations to require lessees and owners of operating rights to submit 
summaries of actual decommissioning expenditures for certain required 
decommissioning activities within 120 days after completion of each 
such activity. (See 80 FR 75806.) Specifically, the final rule required 
reporting of summaries of expenditures for plugging wells, removing 
platforms and other facilities, and clearing obstructions from sites. 
In addition, the final rule authorized BSEE to require additional 
supporting information regarding specific decommissioning costs on a 
case-by-case basis. The final rule was codified at 30 CFR 250.1704(h) 
and (i).
    Effective July 28, 2016, BSEE's Well Control final rule revised 
paragraph (g) in Sec.  250.1704, added a new paragraph (h), and 
redesignated existing paragraphs (h) and (i) as paragraphs (i) and (j), 
respectively. (See 81 FR 25888 (April 29, 2016).) The Well Control rule 
did not, however, affect the substance of those decommissioning cost 
reporting provisions.
    On April 27, 2016, BSEE issued a Notice to Lessees and Operators 
(NTL), No. 2016-N03, Reporting Requirements for Decommissioning 
Expenditures on the OCS, providing guidance and clarification regarding 
the submission of the decommissioning cost summaries required by Sec.  
250.1704(i).
    BSEE did not include reporting of expenditures for pipeline 
decommissioning in the December 2015 final rule because the 2009 
proposed rule did not expressly refer to pipeline decommissioning 
expenditures. BSEE has determined, however, that accurate information 
about expenditures incurred for pipeline decommissioning activities is 
needed to better estimate future decommissioning costs for those 
activities.
    As BSEE explained in the December 2015 final rule, with regard to 
expenditures for other types of decommissioning activities under Sec.  
250.1704(i), summaries of actual decommissioning expenditures will help 
BSEE better estimate future decommissioning costs. (See 80 FR 75806.) 
For the same reason, summaries of actual pipeline decommissioning 
expenditures will help BSEE better estimate future decommissioning 
costs. In addition, BSEE will share its decommissioning cost estimates 
with the Bureau of Ocean Energy Management (BOEM) for use in setting 
necessary financial assurance levels to (1) minimize the possibility 
that the government will incur future financial liability for 
decommissioning pipelines where the responsible party has failed to 
carry out the required decommissioning; and (2) enhance the accuracy of 
financial assurance requirements necessary to cover future 
decommissioning liabilities.

[[Page 53350]]

    Accordingly, BSEE proposes to expand the scope of Sec.  250.1704(i) 
to require that lessees, owners of operating rights, and pipeline ROW 
holders submit certified summaries of actual expenditures for 
decommissioning of pipelines.\4\ This proposal would also authorize 
Regional Supervisors, under Sec.  250.1704(j), to require the 
submission of additional information, on a case-by-case basis, to 
support summaries of pipeline decommissioning expenditures submitted 
under Sec.  250.1704(i). This proposal rule would not otherwise revise 
the existing decommissioning cost reporting provisions.
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    \4\ BSEE recognizes that a designated operator may submit the 
required summary of decommissioning costs on behalf of a lessee.
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Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that OMB, Office of 
Information and Regulatory Affairs (OIRA), will review all significant 
rules. BSEE has determined that this proposed rule would not be a 
significant regulatory action as defined by section 3(f) of E.O. 12866 
because:

--It is not expected to have an annual effect on the economy of $100 
million or more;
--It would not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
--It would not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
--It would not materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs, or the rights or obligations of 
their recipients; and
--It would not raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
E.O. 12866.

    Accordingly, BSEE has not prepared an economic analysis beyond the 
analysis required under the Paperwork Reduction Act, and OIRA has not 
reviewed this proposed rule.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
E.O. 13563 directs agencies to consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public where these approaches are relevant, feasible, and consistent 
with regulatory objectives. It also emphasizes that regulations must be 
based on the best available science and that the rulemaking process 
must allow for public participation and an open exchange of ideas. BSEE 
developed this proposed rule in a manner consistent with these 
requirements.

Regulatory Flexibility Act (RFA)

    BSEE certifies that this proposed rule would not have a significant 
economic effect on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.). This proposed rule would potentially affect 
offshore lessees, owners of operating rights and other operators, and 
pipeline ROW holders who perform decommissioning activities under 30 
CFR part 250, subpart Q. In the December 2015 final rule, using the 
Small Business Administration's North American Industry Classification 
System (NAICS) codes 211111 (Crude Petroleum and Natural Gas 
Extraction) and 213111 (Drilling Oil and Gas Wells), we estimated that 
a substantial number, about 90 of the 130 active companies potentially 
affected by that rule (i.e., lessees and operators), would be 
considered small entities. (See 80 FR 75808.) However, we concluded 
that the final rule would not have a significant economic effect on 
those small entities because the cost of requiring decommissioning cost 
summaries is not significant. (See id.)
    This proposed rule could affect some additional companies (i.e., 
ROW holders that were not covered by the December 2015 final rule as 
lessees or owners of operating rights) that would be required to submit 
pipeline decommissioning cost summaries. Using more recent information 
than was available to us when we published the December 2015 final 
rule, we estimate that the proposal to require reporting of pipeline 
decommissioning costs could affect approximately 111 lessees, owners of 
operating rights, and ROW holders that currently own or control DOI 
pipelines, including many companies already covered by the December 
2015 final rule. Of these 111 potentially affected entities, we 
estimate that a substantial number (66 companies) are small entities. 
Therefore, this proposed rule would affect a substantial number of 
small entities.
    However, the proposed rule would not impose significant economic 
impacts on the potentially affected small entities. The proposed 
requirement to submit pipeline decommissioning cost summaries would not 
result in significant additional costs or burdens for any affected 
entity. As indicated in the Paperwork Reduction Act section of this 
document, the annual burden of the proposed rule is estimated to be 
only 500 hours in total for all affected entities (whether or not 
small) to prepare and submit their pipeline decommissioning summaries. 
Accordingly, since the changes reflected in the proposed rule would not 
have a significant economic effect on a substantial number of small 
entities, the RFA does not require BSEE to prepare a regulatory 
flexibility analysis for this proposed rule.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under the SBREFA (5 U.S.C. 
804(2)). This rule would not:

--Have an annual effect on the economy of $100 million or more;
--Cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
--Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.

    Your comments are important. The Small Business and Agriculture 
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were 
established to receive comments from small businesses about Federal 
agency enforcement actions. The Ombudsman will annually evaluate the 
enforcement activities and rate each agency's responsiveness to small 
business. If you wish to comment on the actions of BSEE, call 1-888-
734-3247. You may comment to the Small Business Administration (SBA) 
without fear of retaliation. Allegations of discrimination/retaliation 
filed with the SBA will be investigated for appropriate action.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose an unfunded mandate on State, 
Tribal, or local governments or the private sector of more than $100 
million per year. The proposed rule also would not have a significant 
or unique effect on State, Tribal, or local governments or the private 
sector. Thus, a statement containing the information required by

[[Page 53351]]

the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not 
required.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this proposed rule would not 
effect a taking or otherwise have takings implications. This proposed 
rule is not a governmental action capable of interference with 
constitutionally protected property rights. Therefore, a Takings 
Implication Assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this proposed rule would not have 
federalism implications. This proposed rule would not have a 
substantial direct effect on the States or the relationship between the 
Federal and State governments. To the extent that State and local 
governments have a role in OCS activities, this proposed rule would not 
affect that role. Accordingly, a federalism summary impact statement is 
not required.

Civil Justice Reform (E.O. 12988)

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

--Meets the criteria of section 3(a) of E.O. 12988 requiring that all 
regulations be reviewed to eliminate drafting errors and ambiguity and 
be written to minimize litigation; and
--Meets the criteria of section 3(b)(2) of E.O. 12988 requiring that 
all regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribal Governments (E.O. 13175)

    We have evaluated this proposed rule under the Department's tribal 
consultation policy and under the criteria in E.O. 13175 and have 
determined that it would have no substantial direct effects on 
federally recognized Indian tribes. As a result, consultation under the 
Department's tribal consultation policy is not required.

Paperwork Reduction Act (PRA)

    This proposed rule contains an information collection (IC) that 
will be submitted to the OMB for review and approval under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As part of 
our continuing effort to reduce paperwork and respondent burdens, BSEE 
invites the public and other Federal agencies to comment on any aspect 
of the reporting and recordkeeping burden. If you wish to comment on 
the IC aspects of this proposed rule, you may send your comments 
directly to OMB and send a copy of your comments to the Regulations and 
Standards Branch (for more information, see the DATES and ADDRESSES 
section of this document). Please refer to Decommissioning Costs for 
Pipelines, 1014-AA32, in your comments. BSEE specifically requests 
comments concerning the need for the information, its practical 
utility, the accuracy of the agency's burden estimate, and ways to 
minimize the burden. You may obtain a copy of the supporting statement 
for the new collection of information by contacting the Bureau's 
Information Collection Clearance Officer at (703) 787-1607. To see a 
copy of the entire IC request submitted to OMB, go to http://www.reginfo.gov (select Information Collection Review, Currently Under 
Review).
    The title of the collection of information for this proposed rule 
is 30 CFR part 250, subpart Q, Decommissioning Costs for Pipelines. As 
with the other decommissioning expenditure information currently 
required to be submitted to BSEE under Sec.  250.1704(i), summaries of 
actual pipeline decommissioning expenditures will help BSEE to better 
estimate future decommissioning costs for OCS pipelines. BOEM will then 
use BSEE's future pipeline decommissioning cost estimates to set 
necessary financial assurance levels to minimize or eliminate the 
possibility that the government will incur liability for future 
pipeline decommissioning.
    Potential respondents comprise Federal OCS oil, gas, and sulfur 
lessees, owners of operating rights, and pipeline ROW holders. 
Responses to this collection are mandatory. The frequency of response 
is on occasion. The IC does not include questions of a sensitive 
nature. BSEE will protect confidential commercial and proprietary 
information according to FOIA (5 U.S.C. 552) and its implementing 
regulations (43 CFR part 2), and 30 CFR 250.197 (Data and information 
to be made available to the public or for limited inspection), and 30 
CFR part 252 (OCS Oil and Gas Information Program).
    Once the requirements of this proposed rulemaking have been 
codified, BSEE will consolidate these additional burden hours into the 
primary collection for 30 CFR part 250, subpart Q, under OMB Control 
Number 1014-0010 (expiration 10/31/16; 29,437 burden hours and 
$2,152,644 non-hour cost burdens). There are no non-hour cost burdens 
associated with this proposed rulemaking. The following table is a 
breakdown of the burden estimate:

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                         Reporting and
       Citation 30 CFR 250               recordkeeping         Hour burden    Average number of    Annual burden
                                         requirements                          annual responses        hours
----------------------------------------------------------------------------------------------------------------
250.1704(i)......................  Submit to the Regional                 1  500 pipeline                    500
                                    Supervisor a complete                     summaries.
                                    summary of expenditures
                                    incurred within 120
                                    days after completion
                                    of each decommissioning
                                    activity (including
                                    permanently plugging
                                    any well, removal of
                                    any platform or
                                    facility,
                                    decommissioning of
                                    pipelines, etc.).
                                                            -------------------------------------
250.1704(i)......................  Submit certified            Exempt from the PRA under 5 CFR                 0
                                    statement attesting to              1320.3(i)(1).
                                    accuracy of the summary
                                    for expenditures
                                    incurred.
                                                            ----------------------------------------------------
    Total........................  ........................  ..............  500 responses......             500
----------------------------------------------------------------------------------------------------------------

    An agency may not conduct or sponsor and you are not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

[[Page 53352]]

National Environmental Policy Act of 1969 (NEPA)

    This proposed rule meets the criteria set forth in 516 Departmental 
Manual (DM) 15.4C(1) for a categorical exclusion because it involves 
modification of existing regulations, the impacts of which would be 
limited to administrative or economic effects with minimal 
environmental impacts.
    We have also analyzed this proposed rule to determine if it meets 
any of the extraordinary circumstances set forth in 43 CFR 46.215 that 
would require an environmental assessment or an environmental impact 
statement for actions otherwise eligible for a categorical exclusion. 
We have concluded that this proposed rule would not meet any of the 
criteria for extraordinary circumstances.

Data Quality Act

    In developing this proposed rule, we did not conduct or use a 
study, experiment, or survey requiring peer review under the Data 
Quality Act (44 U.S.C. 3516 et seq.,
    Public Law 106-554, app. C Sec.  515, 114 Stat. 2763, 2763A-153-
154).

Effects on the Nation's Energy Supply (E.O. 13211)

    This proposed rule would not be a significant energy action under 
E.O. 13211 because:

--It is not a significant regulatory action under E.O. 12866;
--It is not likely to have a significant adverse effect on the supply, 
distribution or use of energy; and
--It has not been designated as a significant energy action by the 
Administrator of OIRA.

Clarity of This Regulation (E.O. 12866 and E.O. 12988)

    We are required by E.O. 12866 and E.O. 12988, and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:

--Be logically organized;
--Use the active voice to address readers directly;
--Use clear language rather than jargon;
--Be divided into short sections and sentences; and
--Use lists and tables wherever possible.

    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us meet these requirements, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, and the sections where you feel lists or tables 
would be useful.

List of Subjects in 30 CFR Part 250

    Administrative practice and procedure, Continental Shelf, 
Environmental impact statements, Environmental protection, Government 
contracts, Investigations, Oil and gas exploration, Penalties, 
Reporting and recordkeeping requirements, Sulfur.

 Janice M. Schneider,
 Assistant Secretary, Land and Minerals Management.
    For the reasons stated in the preamble, BSEE proposes to amend 30 
CFR part 250 as follows:

PART 250--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

0
1. The authority citation for part 250 continues to read as follows:

    Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 
1321(j)(1)(C), 43 U.S.C. 1334.

0
2. Amend Sec.  250.1704 by revising paragraphs (i) and (j) in the table 
to read as follows:


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

* * * * *

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


[[Page 53353]]

[FR Doc. 2016-19057 Filed 8-11-16; 8:45 am]
 BILLING CODE 4310-VH-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments by September 12, 2016. BSEE may not fully consider comments received after this date. You may submit comments to the Office of Management and Budget (OMB) on the information collection burden in this proposed rule by September 12, 2016.
ContactBetty Cox, Regulatory Analyst, Regulations and Standards Branch, [email protected], (703) 787-1616.
FR Citation81 FR 53348 
RIN Number1014-AA32
CFR AssociatedAdministrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Government Contracts; Investigations; Oil and Gas Exploration; Penalties; Reporting and Recordkeeping Requirements and Sulfur

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