[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Proposed Rules]
[Pages 57008-57015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID: BSEE-2014-0001]
RIN 1014-AA22
Oil and Gas and Sulphur Operations in the Outer Continental Shelf
(OCS); Helideck and Aviation Fuel Safety for Fixed Offshore Facilities
AGENCY: Bureau of Safety and Environmental Enforcement (BSEE),
Interior.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The BSEE is seeking comments on improving safety for
operations related to helicopters and helidecks on fixed offshore
facilities. Specifically, BSEE invites comments on whether to
incorporate in its regulations certain industry and/or international
standards for design, construction, and maintenance of offshore
helidecks, as well as standards for aviation fuel quality, storage and
handling. The BSEE also invites comments on whether it should
incorporate existing standards, with modifications, and/or develop and
propose new government regulatory standards for safety of helidecks and
aviation fuel systems. As an alternative to incorporating or developing
such standards, BSEE invites comments on whether to require submission
of aviation-related safety plans for helidecks and offshore aviation
fuel systems on Outer Continental Shelf (OCS) facilities. The BSEE also
seeks information on past accidents or other incidents involving
helidecks, helicopters, or aviation fuel on or near fixed OCS
facilities.
DATES: Submit comments by November 24, 2014. The BSEE may not fully
consider comments received after this date.
ADDRESSES: You may submit comments on this notice by any of the
following methods. Please use the Regulation Identifier Number (RIN)
1014-AA22 as an identifier in your comments. In addition, please refer
to ``Oil and Gas and Sulphur Operations in the Outer Continental
Shelf--Helideck and Aviation Fuel Safety for Fixed Offshore Facilities,
1014-AA22,'' in your comments and include your name and return address.
The BSEE may post all submitted comments, in their entirety, at
www.regulations.gov. See Public Availability of Comments.
--Federal eRulemaking Portal: http://www.regulations.gov. In the entry
titled ``Enter Keyword or ID,'' enter BSEE-2014-0001, then click
search. Follow the instructions to submit public comments and view
supporting and related materials available for this rulemaking.
--Mail or hand-carry comments to the Department of the Interior (DOI);
Bureau of Safety and Environmental Enforcement; Attention: Regulations
and Standards Branch; Office of Offshore Regulatory Programs; 381 Elden
Street, HE3313; Herndon, Virginia 20170-4817.
FOR FURTHER INFORMATION CONTACT: Ralph Colleli, Regulations and
Standards Branch, 703-787-1831, email address: [email protected].
SUPPLEMENTARY INFORMATION:
Executive Summary
In accordance with the Outer Continental Shelf Lands Act (OCSLA),
BSEE and the U.S. Coast Guard (USCG) share regulatory authority over
offshore facilities engaged in oil and gas operations--including
exploration, development, and production activities--on the OCS. Among
other purposes, BSEE's regulations for offshore operations seek to
prevent injury or loss of life and damage to property, natural
resources, and the environment. As one means of achieving these goals,
BSEE incorporates by reference in its regulations many industry
standards applicable to offshore oil and gas operations.
Although the Federal Aviation Administration (FAA) has broad
authority regarding helicopter-related safety issues and onshore and
offshore flight safety, BSEE has the lead responsibility for safety of
helidecks and aviation fuel storage and handling on fixed offshore
facilities, while the USCG has the lead responsibility for helidecks
and aviation fuel handling on floating offshore facilities. Currently,
BSEE's regulations incorporate and require compliance with certain
industry standards that address some safety issues related to helidecks
and the presence of helicopters and aviation fuel on fixed offshore
facilities. However, BSEE's existing regulations do not comprehensively
address helideck or aviation fuel safety issues.
Recent reports by the U.S Centers for Disease Control and
Prevention (CDC) and the Helicopter Safety Advisory Conference confirm
that helicopter accidents and helicopter-related incidents on or near
offshore facilities are a significant concern. Similarly, incident
reports submitted by offshore operators to the Minerals Management
Service (MMS)--BSEE's predecessor agency--or to BSEE over the past 15
years indicate that incidents involving helicopter operations on or
near offshore facilities have resulted in several fatalities,
significant injuries and substantial property damage.
The BSEE has reviewed existing industry and international standards
for helideck and aviation fuel safety and believes that certain
standards, if incorporated into BSEE's regulations for fixed offshore
facilities, could improve safety and reduce risks of injury and
[[Page 57009]]
damage to property without imposing undue burdens on the offshore oil
and gas industry. However, we are also considering possible
alternatives to incorporating, and requiring compliance with, relevant
existing standards. For example, BSEE could incorporate only parts of
existing standards, or incorporate certain standards with specific
modifications, or even develop and adopt government standards, if
appropriate. In addition, in lieu of requiring compliance with specific
standards, we are considering whether to require that fixed offshore
facility owners or operators develop aviation-related safety plans that
demonstrate how each facility would ensure safety and minimize risks
associated with helidecks and aviation fuel systems.
Before incorporating any existing standards or otherwise revising
our regulations, we seek additional information about helicopter,
helideck, and aviation fuel-related incidents related to fixed offshore
facilities. In addition, we invite public comments on other issues
related to offshore helideck and aviation fuel safety, including:
--Any technical differences between fixed and floating facility
helidecks; and
--The potential costs of requiring compliance with various industry and
international standards, including the potential costs of retrofitting
existing helidecks and aviation fuel systems on fixed OCS facilities.
BSEE's Functions and Authority
The BSEE promotes safety, protects the environment, and conserves
offshore oil and gas resources through vigorous regulatory oversight
and enforcement. The BSEE derives its regulatory authority primarily
from the OCSLA, as amended, 43 U.S.C. 1331-1356a, which establishes
Federal control over the OCS and authorizes the Secretary of the
Interior (the Secretary) to regulate oil and natural gas exploration,
development, and production operations on the OCS. In Secretarial Order
3299 (May 19, 2010), the Secretary assigned BSEE the responsibility for
offshore safety and environmental enforcement, including the authority
to:
--Issue permits for activities,
--Inspect, investigate, summon witnesses, and order production of
evidence,
--Levy penalties,
--Cancel or suspend activities,
--Oversee safety, response and removal preparedness, and
--Ensure conservation of offshore oil and natural gas resources (see 76
FR 64432, Oct. 18, 2011).
To carry out its responsibilities, BSEE regulates exploration,
development, and production of oil and natural gas on the OCS to
enhance safety and environmental protection in a way that reflects
advancements in technology and new information. In addition to
developing and implementing such regulatory requirements, BSEE
collaborates with standards development organizations and the
international community to develop and revise safety and environmental
standards, which BSEE may incorporate into its regulatory program. The
BSEE also conducts on-site inspections to ensure compliance with
regulations, lease terms, and approved plans. Detailed information
concerning BSEE's regulations and guidance for the offshore industry
may be found on BSEE's Web site at: http://www.bsee.gov/Regulations-and-Guidance/index.
Public Participation and Availability of Comments
The BSEE encourages you to participate in this advance notice of
proposed rulemaking (ANPR) by submitting written comments as provided
in the ADDRESSES and DATES sections of this notice. However, before
including your address, phone number, email address, or other personal
identifying information in your comments, 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
comments to withhold your personal identifying information from public
view, we cannot guarantee that we will be able to do so.
Procedures for Incorporation by Reference and Availability of
Incorporated Documents for Public Viewing
In accordance with the National Technology Transfer and Advancement
Act of 1995, Public Law 104-113, and OMB Circular A-119, Federal
agencies are directed to use standards developed by voluntary consensus
standards bodies--domestic or international--in lieu of adopting
government-unique standards, except where inconsistent with law or
impracticable. In addition, Federal agencies may choose to use
standards developed by entities other than voluntary consensus
standards bodies in their regulations.
The BSEE frequently uses standards (e.g., codes, specifications,
recommended practices (RP), bulletins, and reports) developed through a
consensus process, facilitated by standards development organizations
and with input from the oil and gas industry, as a means of
establishing requirements for activities on the OCS. The BSEE may
incorporate these standards into its regulations without republishing
the standards in their entirety in the Code of Federal Regulations, a
practice known as incorporation by reference. The legal effect of
incorporation by reference is that the incorporated provisions become
regulatory requirements. This incorporated material, like any other
properly issued regulation, has the force and effect of law, and BSEE
holds operators, lessees and other regulated parties accountable for
complying with the incorporated documents. We currently incorporate by
reference over 100 consensus standards in BSEE's regulations governing
offshore oil and gas operations (see 30 CFR 250.198).
Federal regulations at 1 CFR part 51 govern how BSEE and other
Federal agencies incorporate various documents by reference. Agencies
may incorporate a document by reference by publishing the document's
title, edition, date, author, publisher, identification number, and
other specified information in the Federal Register. The Director of
the Federal Register must approve each publication incorporated by
reference in a final rule. Incorporation by reference of a document or
publication is limited to the specific edition approved by the Director
of the Federal Register.
Background Information for Helideck and Aviation Fuel Safety on Fixed
OCS Facilities
1. Responsibility for Offshore Helideck and Helicopter-Related Safety
In a Memorandum of Agreement (MOA) dated September 30, 2004 (No.
OCS-01), MMS and USCG identified, and agreed on how to share, certain
responsibilities for regulation of OCS facilities. Under that MOA, MMS
and USCG agreed that MMS (now BSEE) has the lead responsibility for
aircraft (i.e., helicopter) landing and refueling systems (i.e.,
helidecks, fuel handling and storage) on fixed offshore facilities and
that USCG has the lead for the same systems on mobile offshore drilling
units (MODUs) and other floating offshore facilities.\1\ Subsequent
MOAs (Nos. OCS-04, OCS-05, OCS-08) between USCG and MMS/BSEE have
reiterated this sharing of responsibility for helidecks and aviation
fuel handling
[[Page 57010]]
and storage.\2\ Similarly, the FAA, which regulates onshore helipads
and onshore and offshore helicopter flight safety, has recognized that
helidecks on fixed offshore facilities are under the purview of DOI and
that ``shipboard and relocatable'' helidecks are under the purview of
USCG (see U.S. Aeronautical Information Publication (AIP), 22nd Ed.,
Amendment 3, July 24, 2014, at p. 1.7-95).\3\
---------------------------------------------------------------------------
\1\ Various terms are commonly used to describe the landing area
for helicopters on offshore facilities, including ``offshore
heliport,'' ``helicopter landing deck,'' and ``helideck.'' For
simplicity and consistency, this ANPR uses the term ``helideck.''
\2\ The MMS/BSEE-USCG MOAs are available at www.bsee.gov/BSEE-Newsroom/Publications-Library/Interagency-Agreements.
\3\ This FAA publication is available at http://www.faa.gov/air_traffic/publications/atpubs/aip/aip_w_amds_1-3_dtd_7-24-14.pdf.
---------------------------------------------------------------------------
a. USCG regulations. For U.S.-flagged MODUs, USCG has specific
regulations for construction and size, fire protection, and location
and markings for helidecks and for aviation fuel storage facilities and
equipment (see 46 CFR 108.231--108.241, 108.486-108.489, 108.653,
109.575--109.577). Under 33 CFR 143.207 and 146.205, those regulations
or equivalent requirements also apply to foreign-flagged MODUs.\4\ The
only USCG regulation expressly addressing helidecks on OCS facilities
other than MODUs is 33 CFR 143.110(b), which requires a protective
device (e.g., a guardrail) around the perimeter of a helideck
sufficient to prevent a person from falling.
---------------------------------------------------------------------------
\4\ Under 33 CFR 143.207 and 146.205, foreign-flagged MODUs
engaged in OCS activities must comply with 46 CFR part 108 and part
109, respectively, or with equivalent standards of the relevant
foreign nation, or with applicable standards of the International
Maritime Organization.
---------------------------------------------------------------------------
b. BSEE regulations. Under 30 CFR part 250, BSEE currently
regulates over 2,500 fixed OCS facilities--mostly located in the Gulf
of Mexico (GOM) Region--the great majority of which have helidecks for
transporting personnel and supplies offshore. \5\ With the following
exceptions, however, BSEE's regulations do not expressly address
helicopter, helideck, or aviation fuel safety issues.
---------------------------------------------------------------------------
\5\ As provided by 30 CFR 250.132(a)(2), OCS lessees and
operators must provide helicopter landing sites and refueling
facilities for any helicopters used by BSEE to regulate offshore
operations.
---------------------------------------------------------------------------
Section 250.154(a)(2) requires all OCS facilities with helidecks to
display identification signs that include the weight capacity of the
helidecks and that are visible from the air. Section 250.490(f)(7)
requires facilities operating in hydrogen sulfide (H2S) areas to submit
contingency plans to BSEE that describe circumstances under which it is
appropriate to evacuate personnel by helicopter during H2S emergencies;
while section 250.490(j)(13)(viii) requires facilities to limit H2S-
related evacuation flights to the circumstances described in their
contingency plans and to provide respirator equipment to helicopter
crews and passengers in such emergencies.
The BSEE's regulations also incorporate and require compliance with
several industry standards that address helideck and aviation fuel
safety issues. \6\ For example, 30 CFR 250.114 requires installation of
electrical systems on all OCS facilities in compliance with American
Petroleum Institute (API) RP 14F (Design, Installation, and Maintenance
of Electrical Systems for Fixed and Floating Offshore Petroleum
Facilities, Fifth Edition) or API RP 14FZ (Design and Installation of
Electrical Systems for Fixed and Floating Offshore Petroleum
Facilities, First Edition). Those standards (which differ slightly
according to the location of the platforms) include criteria:
---------------------------------------------------------------------------
\6\ In addition, BSEE issued a national Notice to Lessees (No.
2011 N-08) in October 2011 advising OCS lessees and operators on how
to mark helidecks for temporary closures, consistent with Helicopter
Safety Advisory Conference Recommended Practices 2008-01 and 92-5.
--For installation of perimeter lights, aircraft warning lights, and
general lighting of helidecks, and
--For locating antennas on platforms in areas that will not obstruct
helidecks.
In addition, 30 CFR 250.901(a)(14) requires that plans for design,
analysis, fabrication, installation, use, maintenance, inspection, and
assessment of all OCS platforms comply with API RP 14J (Design and
Hazards Analysis for Offshore Production Facilities, Second Edition),
as appropriate.\7\ In effect, API RP 14J states that facility operators
should consider the location of helicopter fuel, helicopters, and
helidecks on production facilities when designing gas venting and
flaring equipment and platform communications systems. In addition,
Appendix A.2 of API RP 14J provides a sample checklist of questions
that operators may consider in developing facility-specific hazards
analyses for their production facilities, including several questions
regarding the design, layout, and materials for helidecks and the
location of helicopter fueling systems.
---------------------------------------------------------------------------
\7\ Similarly, 30 CFR 250.800(b)(1) requires production safety
systems on new floating production facilities to comply with API RP
14J.
---------------------------------------------------------------------------
While sections 250.901 and 250.114 do not directly impose helideck
or aviation fuel storage requirements on facility operators, they allow
BSEE to consider whether plans for offshore production platforms are
consistent with API RP 14J and whether the installation of electrical
systems on all facilities is consistent with API RP 14F/14FZ.
In addition, BSEE's regulations require that each offshore facility
be covered by a Safety and Environmental Management System (SEMS)
program that addresses, among other things, safety and environmental
hazards related to design, construction, operation and maintenance of
the facility (see 30 CFR part 250, Subpart S). Because helideck and
aviation fuel systems are features of most fixed offshore facilities,
the SEMS programs for those facilities would also extend to those
systems. Similarly, the SEMS rules require that contractors performing
work for such facilities have written safe work practices, which may
include appropriate sections of the facilities' SEMS programs (see 30
CFR 250.1914).
Moreover, section 250.107 requires OCS operators to: Perform all
operations in a safe and workmanlike manner; maintain all equipment and
work areas in a safe condition; and immediately control, remove or
otherwise correct any health, safety or fire hazard. Under this
authority, BSEE has issued notices of Incidents of Noncompliance (INCs)
for unsafe conditions involving helidecks or related equipment or
areas. From 1998 to mid-2013, MMS/BSEE issued over 400 INCs under
section 250.107(a) to fixed OCS facilities for unsafe conditions
involving helidecks.\8\ Similarly, MMS/BSEE has issued over 100 INCs
for noncompliance with the helideck facility identification
requirements of section 250.154(a)(2).
---------------------------------------------------------------------------
\8\ Examples of unsafe or unworkmanlike helideck conditions
cited in INCs include: Missing, corroded, or damaged helideck
skirting; loose or damaged helideck surfaces; corroded helideck
supports; loose equipment or other obstructions on helidecks; and
loose or damaged handrails, guardrails, stairways or ladders. In
addition, BSEE has issued several INCs under 30 CFR 250.107(a) for
aviation fuel handling equipment.
---------------------------------------------------------------------------
2. Safety Incidents Related to Helidecks and Offshore Helicopter-
Related Operations
Despite the existing BSEE and USCG regulatory provisions, safety of
helicopter-related systems and operations on and near offshore
facilities remains a concern. In April 2013, the CDC reported that,
based on industry data, the leading cause of death for offshore oil and
gas extraction workers between 2003 and 2010 was transportation to and
from work sites.\9\ Specifically, CDC's analysis indicates that of 128
fatalities involving offshore
[[Page 57011]]
oil and gas operations, 49 persons died in 17 incidents involving
helicopters. The CDC reported that the most common factors in those
incidents were mechanical failure and bad weather (although there were
no bad weather crashes from late 2009 through 2012). It is not clear
from this report whether any of the incidents occurred on or near fixed
offshore facilities.\10\ However, the CDC report was based in part on
an analysis of National Transportation Safety Board data on GOM
helicopter crashes related to the oil and gas industry from 1983
through 2009 indicating that:
\9\ The CDC report is available at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6216a2.htm?s_cid=mm6216a2_w.
\10\ The CDC report also does not indicate how many incidents
involved fixed offshore facilities and how many involved MODUs or
other floating offshore facilities. Nor does that report indicate
how many of the incidents were caused by factors that potentially
could be addressed by BSEE regulations under OCSLA.
---------------------------------------------------------------------------
--19 crashes, resulting in six fatalities, involved helicopters
striking objects on offshore platforms, and
--Eight crashes, resulting in one fatality, involved failure to remove
tie-downs before takeoff from offshore platforms.\11\
---------------------------------------------------------------------------
\11\ See ``Helicopter Crashes Related to Oil and Gas Operations
in the Gulf of Mexico,'' Journal of Aviation, Space and Env. Med.,
Sept. 2011 (S. Baker, et al.), at pp. 885-888.
Similarly, in May 2014, the Helicopter Safety Advisory Conference
(HSAC)--an organization that represents petroleum companies, drilling
and oil service companies, and helicopter operators and manufacturers
and that focuses on identifying and sharing information about offshore
helicopter safety in the GOM--reported that there were 21 offshore
helicopter accidents in the GOM between 2009 and 2013, resulting in 11
fatalities and 15 injuries. The HSAC also reported that, between 1999
and 2013, 17 offshore helicopter accidents involved helideck or other
obstacle strikes, and six accidents involved aviation fuel management
problems (although HSAC's report does not indicate how many helicopter
incidents involved fixed offshore facilities and how many involved
MODUs or floating offshore facilities).\12\
---------------------------------------------------------------------------
\12\ HSAC's annual statistical reports on offshore helicopter
incidents for 1999 through 2013 are available at http://hsac.org/Statistics.aspx.
---------------------------------------------------------------------------
The HSAC has also stated that, over the years, its member
organizations have reported engine-related events resulting from
aviation fuel contamination, although it is not clear from HSAC's
statements whether the reported fuel management and contamination
problems occurred onshore or offshore (see HSAC RP 2004-02 (Jet Fuel
Quality Procedures), May 2012, at p.1).
The BSEE's own incident data also indicate that there are ongoing
safety concerns with helidecks and helicopter-related operations on OCS
facilities. Under section 250.188, the BSEE receives reports from OCS
operators and lessees regarding certain incidents--including
fatalities, significant injuries, property damage exceeding $25,000,
and fires and explosions--that occur anywhere on their lease areas.
Between 1998 and mid-2014, BSEE received almost 100 incident reports
involving helicopters, helidecks, or aviation fuel on or near fixed OCS
facilities in the GOM and Pacific regions. Many of these reports
involved helicopters crashing or ditching in the water before or after
landing on OCS facilities for reasons (e.g., mechanical failures, bad
weather, or pilot error) that may be unrelated to circumstances onboard
the OCS facilities. A few of the engine failure incidents may have been
related to contaminated fuel, although it is not clear from the
incident reports whether the fuel in those incidents was provided
onshore or offshore. In addition, a significant number of the incidents
reported to BSEE involved helicopters striking parts of a platform or
other materials on or close to a helideck. The remaining incidents
included wind-related damage to helicopters that had already landed on
a helideck, injuries to persons exiting or boarding helicopters on
platforms, and other injuries on helidecks or resulting from helicopter
operations. The BSEE is also aware of concerns that some helicopter
accidents or near-misses may have been related to the engine's
ingestion of methane gas vented by a fixed OCS facility, although the
exact causes of some events have not yet been confirmed.
The CDC, HSAC and BSEE reports do not indicate, however, whether
any of the OCS facilities involved in helicopter-related incidents were
or were not meeting voluntary industry standards for helidecks and
aviation fuel safety at the time.
3. Domestic Standards and Guidance for Helidecks and Helicopter-Related
Operations on Offshore Platforms
Several industry and other organizations have developed voluntary
standards or guidance expressly addressing safety issues related to
helicopters, helidecks, and aviation fuel on offshore facilities.
a. API RP
API RP 2L (Planning, Designing, and Constructing Heliports for
Fixed Offshore Platforms), 4th Ed. (1999, reaffirmed 2006), is a widely
accepted voluntary consensus standard for design and construction of
new helidecks on fixed offshore platforms. Among other safety issues,
API RP 2L addresses:
--Helideck structural materials and flight deck surfaces, Helideck
design loads,
--Location and size of helidecks,
--Design of approach/departure and obstacle-free zones,
--Location of helideck access and egress stairways and ladders,
--Helideck fire protection,
--Helideck safety equipment, including tie-down points and ropes,
--Helideck lighting and markings,
--Wind direction indicators, and
--Positioning of aviation fueling stations on fixed platforms.
The API is in the process of updating and substantially revising
API RP 2L. It is our understanding that API expects to publish
revisions to API RP 2L in three stages. The first stage (tentatively
referred to as API 2L-1) is undergoing review in the API standard
setting process and may be published later in 2014. We understand that
API 2L-1 is intended to address planning, design and construction of
new helidecks on fixed offshore platforms. The second phase of the
revisions to API RP 2L (tentatively called API 2L-2) is expected to
address assessment, maintenance and management of existing (legacy)
helidecks constructed prior to the publication of API RP 2L in 1996.
The third phase of the revisions (tentatively API 2L-3) is expected to
address operations and management of all new and existing helidecks.
The BSEE has participated in relevant API committees and working
groups responsible for drafting the first phase of the revisions to API
RP 2L and will continue to closely monitor development of that document
as well as the second and third phases of the revisions.
b. HSAC RPs
The HSAC has published several RPs applicable to offshore
helicopter and helideck operations and aviation fuel quality. The
HSAC--although not a consensus standard-setting organization--developed
these RPs and guidelines in cooperation with API, the Offshore
Operators Committee, and various other industry and technical
organizations interested in offshore and aviation safety.\13\
---------------------------------------------------------------------------
\13\ All of the HSAC recommended practices are available for
free online at HSAC's Web site, www.hsac.org.
---------------------------------------------------------------------------
Specifically, HSAC RP 2004-1 (Offshore Helideck Inspections)
complements existing API RP 2L by recommending practices and providing
[[Page 57012]]
a checklist for inspecting helidecks, identifying potentially hazardous
conditions (structural and temporary), and notifying helicopter
operators of potential hazards. Similarly, HSAC RP 2004-07 (Helideck
Hazards) encourages training for helicopter pilots to identify and
report potential helideck obstructions and other hazards so facility
owners can take corrective action.
In addition, HSAC RP 2008-01 (GOM Helideck Markings) is intended to
provide some consistency for markings on fixed platform helidecks in
the GOM, based in part on API RP 2L and in part on international
standards such as Annex 14 to the Convention on International Civil
Aviation (CICA) adopted by the International Civil Aviation
Organization (ICAO) and the United Kingdom's (UK) Civil Aviation
Authority Publication (CAP) 437 (Standards for Offshore Helicopter
Landing Areas), Feb. 2013. In particular, HSAC RP 2008-01 provides
detailed guidance for issues such as:
--Final approach and take-off area identification,
--Obstacle-free sector identification,
--Installation identification,
--Access points,
--Maximum allowable weight,
--Helicopter size limits, and
--Prohibited landing areas.
Although helicopter operators are typically responsible for
ensuring the quality of their own fuel under agreements with offshore
facility operators, HSAC RP 2004-02 (Jet Fuel Quality Control
Procedures), revised May 2012, offers guidance on storage, distribution
and sampling of jet fuel, and on inspection of fueling systems for
offshore helicopter flights. For example, HSAC RP 2004-02 recommends
that:
--Fuel system owners and operators develop written quality control
procedures, coordinate inspection of all fuel systems, and correct any
defects and report the defects to the helicopter operators,
--Helicopter operator or aviation advisory personnel inspect all
refueling systems at least once a year,
--All fuel delivery systems have a filter/separator equipped with a
water defense system actuated by high water content,
--All fuel storage containers be allowed to settle for at least an hour
prior to use or sampling and that all required fuel samples be taken
prior to the first refueling of the day, and
--Portable offshore fuel transport tanks be tested and documented in
accordance with Department of Transportation regulations (49 CFR parts
173 and 180).
Other HSAC RPs address additional safety issues related to offshore
helicopter and helideck operations. For example:
--RP 88-1 (Passenger Management on Offshore Helideck Facilities),
revised May 2010, recommends that helicopters be shut down prior to
loading/unloading passengers, that designated passenger waiting areas
be clear of the helideck and helideck access points, and that
passengers be briefed before loading/unloading.
--RP 89-1 (Crane-Helicopter Operational Procedures), revised May 2010,
recommends that platform cranes be shut down and cradled (if feasible)
or pointed away from the helideck when helicopters are approaching or
taking off, and that if a crane remains in use, the helicopter pilot
and crane operator be in direct communication and that red warning
lights on the crane be activated.
--RP 92-2 (Perforating Operations: Helideck/Heliport Operational Hazard
Warning(s)/Procedure(s)), revised May 2010, recommends that helicopter
operators or bases be notified prior to offshore perforation
operations, in order to avoid premature detonation of explosives by
helicopter radio transmissions, and that helidecks be temporarily
marked as closed whenever explosives may be affected by radio
transmissions.
--RP 92-3 (Hydrogen Sulfide Gas Helideck/Heliport Operational Hazard
Warning(s)/Procedure(s)), revised May 2010, provides that oil field
operators should activate a red rotating beacon if hydrogen sulfide is
detected and notify nearby helicopters and bases, and that if a red
beacon is observed or unusually strong odors are detected when flying
near a helideck, pilots should put on protective air packs, exit
upwind, and notify the facility of the suspected hazard.
--RP 92-4 (Gas Venting, Helideck/Heliport Operational Hazard
Warning(s)/Procedure(s)), revised May 2010, recommends that pilots plan
their approaches and takeoffs to avoid areas downwind of or over gas
vents, that oilfield supervisors notify helicopter operators of planned
gas venting operations, and that large, high-volume gas vents be
equipped with red rotating beacons.
--RP 92-5 (Helideck/Heliport Operational Warning(s)/Procedure(s)),
Closed Helidecks or Heliports) states that a white X (or an orange or
yellow X if the deck is painted white) from corner to corner of a
helideck is the universal indicator that the landing area is closed and
that helicopter operations are prohibited.
--RP 93-2 (Offshore Helidecks/Landing Communications), revised May
2010, states that before landing on offshore facilities, pilots should
make radio contact, if practicable, with the facility owners or
operators and that, if radio contact is not practicable, pilots should
contact the facilities' owners or operators by telephone before
departing for the facilities.
--RP 93-3 (Multiple Helicopter Operations on Offshore Helidecks),
revised May 2010, recommends that, before multiple helicopter
operations, specific restrictions and procedures be developed to ensure
that
--Full clearance of at least one-third rotor diameter from all
obstacles in the vicinity of the helideck is provided,
--Factors such as helicopter weight and performance, wind,
temperature and deck conditions are considered,
--Helicopters are parked at least three feet from the helideck
edge, and
--Parked helicopters are shut down and all main rotor blades are
properly tied down.
--RP 94-1 (Helicopter Rapid Refueling (HRR)), revised May 2010, states
that
--decisions to conduct HRR require attention to weather, quality
control, static electricity, spills and fire potential,
--passengers should be de-boarded prior to beginning HRR unless the
pilot deems it necessary for passengers to remain seated during HRR,
and
--only designated, properly trained personnel may operate HRR
equipment.
--RP 2004-05 (Night Offshore Helicopter Flights), May 2004, provides
that helidecks should be at least one rotor diameter in size and
capable of accommodating loaded helicopters of the weight and size for
night flights, and that lighting should be adequate to illuminate
obstructions, windsocks, and the helideck perimeter (consistent with
API RP 2L).
--RP 2005-1 (Helicopter Tiedown Practices), June 2005, recommends that
--Offshore helicopters be equipped with helideck tiedowns capable
of securing the helicopter at four points,
--Tiedowns be inspected daily and replaced when excessively worn or
deteriorated,
--Helicopters be tied down when severe weather exists or is
forecast, and
[[Page 57013]]
--A parked helicopter be tied down when a medium or larger
helicopter is landing or taking off.
c. FAA Manual
While the FAA recognizes BSEE's purview over fixed offshore
helidecks, the FAA also publishes information for potential use by
pilots in performing their duties safely even in situations where other
agencies may have regulatory responsibility. In particular, the FAA's
Aeronautical Information Manual: Official Guide to Basic Flight
Information and ATC Procedures (AIM), Feb. 2012 (revised April 2014),
provides information on offshore helicopter operations, including
recommended practices expressly based on HSAC's RPs for the GOM.\14\
Specifically, Section 10-2-1 of the AIM provides guidance on offshore
operations directly based on the HSAC RPs previously described.
---------------------------------------------------------------------------
\14\ The AIM is available for free online on FAA's Web site at
http://www.faa.gov/air_traffic/publications/ATpubs/AIM/index.htm.
---------------------------------------------------------------------------
All of the documents described previously are potential candidates
for incorporation by reference, in whole or in part, in BSEE's
regulations for fixed offshore facilities. However, some portions of
some of the HSAC standards apply to issues (e.g., flight operations,
pilot flight training, and helicopter design) that may be better
addressed by the FAA or other agencies that regulate aircraft flight
safety than by BSEE. In addition, as explained above, some of the
standards (e.g., API RP 2L and HSAC RP 2008-1) are currently undergoing
revision and may no longer, in some respects, reflect the best and
safest technology or practices now in use.\15\ Accordingly, as
discussed later in this notice, we are seeking comments on which of the
above standards or portions thereof, if any, we should incorporate in
BSEE's regulations.
---------------------------------------------------------------------------
\15\ For example, the helideck warning and marking standards in
existing API RP 2L and HSAC 2008-1 may not be fully consistent with
the most current international standards, including the latest
version of the ICAO's Annex 14 to the CICA.
---------------------------------------------------------------------------
4. International Standards and Guidance for Helidecks and Helicopter-
Related Operations on Offshore Platforms
In addition to the API and HSAC standards described previously,
several international organizations have issued guidance documents that
contain recommendations for helicopter, helideck, and aviation fuel
safety on offshore facilities. For example, the International
Association of Oil and Gas Producers (OGP) Aircraft Management
Guidelines (Rept. No. 390, July 2008, updated August 2013), includes
guidance on issues such as:
--Fuel quality control (sec. 7.4),
--Portable offshore fuel tanks (sec. 7.6),
--Airbase/helideck fire protection and equipment (sec. 11.7),
--Heliport and helideck design, size, obstructions, and offshore
operational hazard considerations (sec. 11.9),
--Helideck personnel qualifications (App. A5D),
--Offshore weather reporting, forecasting, and planning (App. A6), and
--Cold weather helideck precautions (App. A13.9.2.4).\16\
---------------------------------------------------------------------------
\16\ The OGP Aircraft Management Guidelines are available for
free online at http://www.ogp.org.uk/pubs/390.pdf.
The OGP guidelines are, in turn, largely based on international
codes and agreements, other guidance documents and industry best
practices. In particular, OGP relies heavily on volumes I (Aerodromes)
and II (Heliports) of Annex 14 to the CICA as adopted by the ICAO.\17\
The OGP also relies on the United Kingdom's CAP 437 for guidance on
issues such as:
---------------------------------------------------------------------------
\17\ Information about ICAO and its publications is available at
http://www.icao.int/publications.
--Helideck design and physical characteristics,
--Helideck rescue and firefighting equipment,
--Helideck management and operations, and
--Aviation fuel systems and procedures.\18\
---------------------------------------------------------------------------
\18\ The UK's CAP 437 is available free online at http://www.caa.co.uk/docs/33/CAP437.pdf.
Other international standards or codes also address offshore
helicopter-related safety.\19\ For example, the USCG regulations for
helidecks and aviation fuel systems on MODUs, found in 46 CFR parts 108
and 109, are intended to be consistent with the International Maritime
Organization (IMO) code requirements for helicopter facilities on MODUs
that were under development at the time the USCG regulations were
adopted (see 43 FR 56788, December 4, 1978). The original 1979 IMO Code
for Construction and Equipment of MODUs (MODU Code) was replaced by the
1989 IMO MODU Code, which in turn was substantially revised by the 2009
MODU Code.\20\ The 2009 MODU Code's updated provisions for helidecks
and helicopter facilities on newly constructed MODUs were prompted by
similar changes made by ICAO to the CICA with regard to helicopter
facilities (see IMO Resolution A.1023(26), December 2, 2009). Where
appropriate, the 2009 MODU Code refers to the latest ICAO Annex 14
provisions for helicopter and heliport safety.
---------------------------------------------------------------------------
\19\ Other international standards organizations include the
Energy Institute (EI), which jointly produced (with API) EI 1529
(Aviation Fuelling Hose and Hose Assemblies), Sixth Ed., May 2005,
an international standard for performance and testing of aircraft
fueling hoses, couplings, and assemblies. Information about EI and
its publications can be found at www.energyinst.org.
\20\ Information about IMO and its publications is available at
www.imo.org/Publications.
---------------------------------------------------------------------------
Among other things, the 2009 MODU Code addresses:
--Fire safety measures for helidecks (i.e., firefighting equipment,
helideck design and construction materials, emergency exits),
--MODU-helicopter communications,
--Safety measures for refueling facilities and equipment,
--Isolation of aviation fuel storage areas and tanks,
--Helideck design and construction material,
--Helideck perimeter safety netting and protection,
--Visual aids (e.g., wind direction indicators, markings and warnings,
perimeter and flood lighting, status and warning lights),
--Removal or marking of obstacles on helidecks, and
--Manuals for helideck operating procedures (including helicopter
refueling).
In addition to such international standards, several foreign
countries with significant offshore oil and gas operations have adopted
regulations, standards, and guidance applicable to helidecks and
aviation fuel safety on fixed and floating offshore facilities. For
example, the Norwegian Oil and Gas Association (OLF) Helideck Manual,
Jan. 2011, for petroleum facilities on Norway's continental shelf
provides guidelines for helideck personnel training and qualifications,
as well as summaries of Norwegian regulatory requirements for helideck
materials, safety and rescue devices, firefighting equipment and
systems, visual aids, and communications.\21\ The OLF Helideck Manual
also provides guidance on helideck operations and aviation fuel safety
procedures, including:
---------------------------------------------------------------------------
\21\ The OLF Helideck Manual, Jan. 2011, is available for free
on OLF's Web site at http://www.norskoljeoggass.no/en/Publica/HSE-and-operations/Helideck-manual/. A companion OLF document,
Recommended Guidelines for Helideck Personnel--074, April 2002, is
also available at http://www.norskoljeoggass.no/Global/Retningslinjer/Drift/LuftfartHelikopter/074%20%20Recommended%20guidelines%20for%20helideck%20personnel.pdf.
--Fuel sampling and testing,
--Inspection of fuel hoses and nozzles,
--Fuel transport and storage tanks, and
--Normal and `hot' refueling procedures.
[[Page 57014]]
Although BSEE is not required to incorporate by reference any
standards that are not adopted by voluntary consensus standard-setting
organizations, each of the above domestic and international documents,
as well as others not described above, may contain valuable information
on the best available and safest technology for fixed OCS
facilities.\22\ Thus, such standards, codes, and guidelines could be
considered for possible incorporation (in whole or in part) in BSEE's
rules or could help BSEE determine whether other standards--such as
API's and HSAC's RPs--should be incorporated instead. In addition, BSEE
could consider incorporating a combination of appropriate domestic and
international standards to create a comprehensive, up-to-date
regulatory framework that reduces potential safety risks related to
helidecks and aviation fuel systems on fixed OCS facilities.
---------------------------------------------------------------------------
\22\ For example, the Air Transport Association of America
(ATA), an association of commercial airlines, has adopted a standard
(ATA Spec. 103: Jet Fuel Quality Control at Airports, revised 2006)
that provides guidance on recognized industry inspection procedures
and safety checks for jet fuel storage and distribution at airports.
Although this standard is intended primarily for the commercial
airline industry, and is not focused on helicopter fuel or offshore
helidecks, it may contain useful information regarding aviation fuel
quality, storage, and handling that could inform BSEE's future
decisions. More information about ATA and this standard is available
at www.airlines.org.
---------------------------------------------------------------------------
Other Options for Consideration
In addition to considering incorporating by reference existing
industry or other domestic and/or international standards, BSEE is
considering other regulatory approaches to reduce aviation-related
safety risks for fixed offshore facilities. For example, some portions
of an otherwise useful standard may be out of date or may be
incompatible with portions of another potentially useful standard. In
such cases, BSEE could incorporate in the regulations relevant parts of
an existing standard, and/or adopt appropriate modifications to other
parts of that standard or other standards, and/or develop and adopt new
prescriptive requirements to minimize risks and improve safety.
The BSEE is also considering whether any newly incorporated or
other new regulatory standards for helideck design or construction, and
for aviation fuel systems, should apply only to new helidecks and
aviation fuel systems installed on fixed facilities after the effective
date of such final regulations, or should also apply to existing
helidecks and fuel systems on fixed OCS facilities, even if that
requires retrofitting. Accordingly, BSEE will seek additional
information on the potential costs and other impacts of retrofitting.
As an alternative to incorporating specific standards or adopting
other prescriptive requirements, BSEE is considering whether to require
owners or operators of fixed OCS facilities to develop aviation-related
safety plans that would demonstrate how the owner or operator would
ensure safe helicopter, helideck, and aviation fuel system operations.
For example, such a plan could demonstrate that a fixed OCS facility
would comply with certain industry or other standards that, taken
together, would reduce risks and ensure safe and workmanlike conditions
and safe work areas. The BSEE is also considering whether such plans,
if required, should be submitted to and approved by BSEE or should be
subject to evaluation by BSEE upon request (like the SEMS programs
required under Subpart S of 30 CFR part 250).
In addition, in order to determine whether OCS facilities and their
personnel are complying with such plans, BSEE is considering whether
such aviation-related safety plans should be subject to periodic
auditing by BSEE or by an accredited third-party (like the SEMS
programs, see 30 CFR 250.1920-250.1922) or by any other entity.
Finally, BSEE is aware of the importance of consistency between
regulatory requirements for all OCS facilities, whether fixed or
floating. Accordingly, BSEE is considering various options for
coordinating any future proposed rulemaking with the USCG to maximize
consistency between BSEE's and USCG's rules. The BSEE also plans to
consult with the FAA and other agencies interested in safety of
offshore helicopter operations, as appropriate.
Issues for Public Comment
For the reasons described above, BSEE seeks public comments on the
following issues only. Although BSEE is not required to respond in
writing to such comments, BSEE will consider relevant comments in
developing any proposed rules for improving safety of helidecks and
aviation fuel storage and handling on fixed OCS facilities. Please
identify the specific issue that your comments address by referring to
the following issue numbers.
(1) In addition to the statistical reports and summaries described
in this notice, what other relevant, reliable data on accidents or
other safety issues related to helicopters, helidecks, or aviation fuel
systems on fixed offshore facilities should BSEE consider before
deciding whether to propose any new regulations?
(2) Which existing domestic or international standards or guidance
documents, if any, related to planning, design, construction,
inspection, maintenance and/or use of helidecks on fixed offshore
facilities should BSEE consider incorporating by reference in its
regulations? What would the potential cost impacts be if BSEE
incorporated, and required compliance with, such documents?
(3) Which domestic or international standards or guidance for
aviation fuel quality, storage, or handling should BSEE consider
incorporating in its regulations for fixed offshore facilities? What
would the potential cost impacts be if BSEE incorporated, and required
compliance with, such documents?
(4) If you think that BSEE should consider incorporating any
existing standards for helidecks or aviation fuel systems, please
identify any specific provisions in those standards that BSEE should
not incorporate, or that BSEE should modify or supplement before
incorporation.
(5) If you are a fixed offshore facility owner or operator, please
describe how you currently address any existing industry or other
standards regarding safety of helidecks and aviation fuel systems.
(6) What differences between fixed and floating offshore facilities
should BSEE consider with regard to whether any existing standards that
apply to floating offshore facilities should be incorporated by BSEE
for applicability to fixed offshore facilities? How important is it
that requirements for helidecks and/or aviation fuel systems on fixed
and floating offshore facilities be consistent?
(7) What provisions, if any, of USCG's regulations for helidecks on
MODUs (46 CFR parts 108 and 109) should BSEE consider in developing any
helideck regulations for fixed offshore facilities?
(8) If, as an alternative to requiring facilities to comply with
specific standards, BSEE required owners or operators of fixed offshore
facilities to develop aviation-related safety plans demonstrating how
they would ensure safe helicopter, helideck, and aviation fuel
management operations, how should BSEE ensure the adequacy of, and
compliance with, such plans?
(a) For example, should BSEE or an accredited third party or some
other entity conduct audits of such plans to verify the adequacy and
proper implementation of the plans?
(9) If BSEE proposes to incorporate any existing industry standard
or prescribe any other requirements for
[[Page 57015]]
helideck lighting, what helideck perimeter lighting properties (e.g.,
specific color, brightness) should we incorporate or otherwise require?
(10) If BSEE decides to apply any new regulatory standards for
helideck design or construction, and for aviation fuel systems, to all
existing helidecks and fuel systems on fixed OCS facilities, even if
that required retrofitting existing helidecks or aviation fuel systems,
what types of costs would existing facilities potentially incur?
(11) What structural, technical or economic issues related to the
aging of existing offshore facilities and helidecks should BSEE
consider when deciding how to improve aviation-related safety on fixed
OCS facilities?
(12) Are you aware of any potential risks from helicopter engines
ingesting methane or other gases vented from a fixed OCS facility and,
if so, how should BSEE address those potential risks?
Dated: September 11, 2014.
David E. Haines,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2014-22716 Filed 9-23-14; 8:45 am]
BILLING CODE 4310-VH-P