[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36145-36154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12487]
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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.
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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
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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.
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\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