Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS)-Incorporate API RP 65 for Cementing Shallow Water Flow Zones, 29280-29285 [E6-7792]
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29280
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules
information concerning other
techniques.
Alternative Compliance Program
The MMS is considering a SEMS pilot
program under which a limited number
of companies with outstanding
performance records, as demonstrated
by incident and compliance data, would
manage their operations under a
comprehensive SEMS program. For the
duration of the pilot program, these
companies would operate under a
separate regulatory program with far
fewer prescriptive requirements.
The intention of the pilot program is
threefold:
1. Determine whether SEMS should
be expanded beyond a voluntary
regulatory program;
2. Provide MMS with experience in
auditing and using SEMS as a regulatory
program vehicle to ensure safe and
clean operations; and
3. Determine if SEMS is practical for
the oil and gas industry as a whole or
only specific companies. MMS
envisions that any company qualifying
for the SEMS pilot program would
operate according to their SEMS plan
and would be relieved from information
submissions, certain applications and
discrete MMS approval actions except
those specifically required by law. If a
company is found to be out of
compliance with their SEMS plan, then
incidents of noncompliance and
possibly civil penalties could result. It
is projected that the pilot program will
operate with companies needing to
qualify on a periodic basis. Companies
interested in the pilot program should
have a fully functioning SEMS program
with a verifiable history showing how
their program has had a positive impact
on the safety of their operations.
Questions
The purpose of this ANPR is to seek
input from industry and other interested
parties on the three SEMS approaches
described above. In addition to
receiving input on the approaches
identified in this ANPR, this process
will also allow MMS to evaluate
alternative ideas. MMS invites specific
comments on the following:
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SEMS Approaches
• Which of the three identified
approaches do you consider most
responsive to MMS’s stated goals and
why?
• Are there other safety and
environmental management systems or
programs that MMS should review?
Please provide as much detail as
possible.
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• Does the subpart O model using
audits, informal employee interviews,
and testing described above, provide a
suitable model for verifying the
implementation of a performance-based
safety and environmental management
program? Are there alternative
approaches to the subpart O model that
the MMS should consider?
• Should MMS or a third party verify
that a performance-based safety and
environmental management program is
working? Should audits be periodic or
should they be triggered by events or
indicators?
• Should MMS review the SEMS
plan, review and approve the SEMS
plan, or have an independent third
party verify, review, and approve the
SEMS plan?
• Should SEMS plans be in addition
to the current prescriptive regulations or
should the SEMS plan be in lieu of
certain prescriptive regulations?
• What standards should a SEMS
plan include to provide consistent and
credible approaches to offshore
operational safety and environmental
performance?
—Would these documents, standards, or
guidelines be domestic or
international?
—Would these documents, standards, or
guidelines be accepted industry best
practices or internal company policies
and procedures?
• What criteria should the MMS use
to determine whether an operator has a
viable SEMS plan?
• Is API RP 75 a sufficient model for
addressing all the factors associated
with offshore industry practices? If not,
please provide the MMS with your
suggestions on an appropriate model.
• Are there existing programs or
initiatives industry is currently using
that can further our ability to verify and
track environmental compliance, such
as ISO 14001:2004, SempCheck,
European Eco-Management and Audit
Scheme, or Global Environmental
Management Initiative.
• How can MMS improve its current
regulatory model to incorporate
environmental performance
measurement systems?
• What are the most appropriate
compliance measures that are
responsive to our broad environmental
performance standards referenced in the
‘‘The Regulatory Program’’ section
above?
Alternative Compliance Program
Should MMS consider developing a
‘‘pilot program’’ to assess an alternative
compliance program for outstanding
operators?
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• What measure(s) should we use to
determine who is allowed to
participate?
• How should MMS judge
prospective ‘‘pilot program’’ applicants?
Should an applicant be required to
submit a complete SEMS program or
plan to MMS for evaluation? Should
MMS approve such a program?
• Should a pilot program be for a
fixed period of time? How long?
• Should performance issues trigger a
premature end to an operator’s
participation in a pilot program?
• What measures should be
considered?
• What type of MMS regulatory
regime do you recommend for
companies in a pilot program?
• What prescriptive regulations and
permitting requirements should be
excluded from this alternative
regulatory program?
• What advantages does a SEMS
regulatory approach have for companies
compared to prescriptive approach?
• What disadvantage does a SEMS
regulatory approach have for companies
as compared to a prescriptive approach?
• Should the SEMS pilot program
include only four elements as
mentioned above or should it be for all
12 elements?
MMS seeks responses to the above
questions, an assessment of which
option industry considers the most
effective and efficient, and any other
information deemed relevant that is not
specifically asked for. After analyzing
the comments received from this notice,
MMS will determine the need for a
public workshop to further exchange
ideas. MMS encourages all interested
parties to respond to these questions
and to provide comments on the various
options.
Dated: May 3, 2006.
R.M. Johnnie Burton,
Director, Minerals Management Service.
[FR Doc. E6–7790 Filed 5–19–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 250
RIN 1010–AD19
Oil and Gas and Sulphur Operations in
the Outer Continental Shelf (OCS)—
Incorporate API RP 65 for Cementing
Shallow Water Flow Zones
Minerals Management Service
(MMS), Interior.
ACTION: Proposed rule.
AGENCY:
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Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules
SUMMARY: MMS is proposing to
incorporate by reference the First
Edition of the American Petroleum
Institute’s Recommended Practice for
Cementing Shallow Water Flow Zones
in Deep Water Wells (API RP 65) into
MMS regulations. Since 1987, at least
113 OCS wells have encountered
shallow water flow (SWF) to varying
degrees. The majority of these wells
experienced SWF to only a minor
degree; however, there were instances of
severe encounters resulting in
abandonment of well sites and loss of
wells. This action would establish best
practices for cementing wells in deep
water areas of the OCS that are prone to
SWF.
MMS will consider all comments
received by July 21, 2006. We will begin
reviewing comments then and may not
fully consider comments received after
July 21, 2006.
DATES:
You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010–AD19 as an identifier in your
message. See also Public Comment
Procedures under Procedural Matters.
• MMS’s Public Connect on-line
commenting system, https://
ocsconnect.mms.gov. Follow the
instructions on the Web site for
submitting comments.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the Web site for
submitting comments.
• E-mail MMS at
rules.comments@mms.gov. Use RIN
1010–AD19 in the subject line.
• Fax: 703–787–1546. Identify with
the RIN, 1010–AD19.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Rules
Processing Team (RPT); 381 Elden
Street, MS–4024; Herndon, Virginia
20170–4817. Please reference
‘‘Incorporate API RP 65 for Cementing
Shallow Water Flow Zones, 1010–
AD19’’ in your comments and include
your name and return address.
• Send comments on the information
collection in this rule to: Interior Desk
Officer 1010–AD19, Office of
Management and Budget; 202/395–6566
(facsimile); e-mail:
oira_docket@omb.eop.gov. Please also
send a copy to MMS.
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kirk
Malstrom, Regulations & Standards
Branch (703) 787–1751.
SUPPLEMENTARY INFORMATION:
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Background
MMS is authorized to issue and
enforce rules to promote safe operations,
environmental protection, and resource
conservation on the OCS by the OCS
Lands Act (43 U.S.C. 1331 et seq.).
Under this authority, MMS regulates all
safety aspects of oil and gas drilling,
production, and well-workover
operations on the OCS.
Since 1987, OCS operators have
reported encountering shallow water
flow (SWF) problems while drilling in
specific areas of the Gulf of Mexico
(GOM), including Garden Banks, Green
Canyon, Mississippi Canyon, and
Viosca Knoll. SWFs have also been
reported to the agency from the Atwater,
De Soto Canyon, East Breaks, Ewing
Bank, and Port Isabel areas of the GOM.
To date, MMS is aware of at least 113
wells, drilled by approximately 25
different operators, that have
encountered problems with SWF. Data
available to MMS shows that the water
depth for these wells ranged from
approximately 496 feet to 9,672 feet,
with an average water depth of 3,562
feet. These wells encountered SWF from
zones at depths ranging from
approximately 450 feet below mud line
(BML) to 3,005 feet BML, with an
average depth of encounter of 1,305 feet
BML. These BML depths represent the
top of the SWF zone. General
information on SWFs, and maps
showing the location of areas in the
GOM that have had documented cases
of SWF, can be viewed at our Web site
at: https://www.gomr.mms.gov/homepg/
offshore/safety/wtrflow.html.
SWF is a phenomenon generally
encountered at shallow depths BML in
the deepwater areas of the GOM (greater
than 500 feet and more commonly in
water depths greater than 1,000 feet)
and is typically attributable to
penetrating abnormally pressured
shallow sands. The greater than normal
pressures in these sands can result from
sediments being deposited at higher
than normal rates, resulting in the
pressurization of the pore water above
normal hydrostatic pressure. The
development of a formation, such as a
shale body above this sand, may create
a seal allowing the development of an
abnormally pressured formation. As
described, this situation does not
represent a problem. However, with the
development of appropriate
permeability, such a formation, once
penetrated, may result in an influx of
water or sediment into or around the
wellbore, or a SWF. Depending on the
severity of the SWF, the flow may result
in the creation of a channel behind the
casing, creation of a large washout,
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buckling of casing, cross flow between
a localized group of wells, premature
permanent abandonment of the well,
and expenditure of additional time and
expense for the operator to control the
well and resume drilling operations.
According to the information
available to MMS, the majority of the
113 GOM wells that have encountered
SWF did so to only a slight degree.
However, some of the SWFs were severe
and resulted in abandonment of the well
sites, and required moving to an
alternate location to drill new wells at
great expense. A significant SWF event
happened off the mouth of the
Mississippi River in deepwater. The
field is located in an area where SWF
problems have been severe. The
sediments in this area contain massive
sands at above normal pressures at
shallow depths BML. Once the problem
of SWF was recognized, the company
employed various drilling and
cementing techniques while
constructing wells in attempts to
prevent and control the SWF problem.
Ultimately the decision was made to
abandon this site because many of the
slots at the site were unusable due to the
buckling of casing caused by SWF. It is
estimated that abandonment of this site
cost approximately $100 million. A
new, second site, was selected
approximately 1 mile from the original
site. Selection criteria for this site
emphasized SWF avoidance based on
seismic data.
Other SWF incidents in GOM have
resulted in less expensive, but equally
damaging situations. A well located in
Garden Banks in deepwater was
spudded and drilled in preparation for
running conductor casing. The casing
was run and cemented with foamed lead
cement and higher density tail cement.
The day after cement operations were
completed, the well experienced a SWF
from the drive pipe conductor casing
annulus. Three days later the well was
abandoned, and the rig was moved to an
alternate location to commence drilling
another well. The original well was
monitored for SWF with a remote
operating vehicle while the new well
was drilled. Flow on the original well
had decreased significantly and the well
is currently classified as permanently
abandoned. The information included
in API RP 65 addressing best cementing
practices in SWF environments might
have helped prevent the above SWF
incidents if it had been incorporated
into MMS regulations.
Today, SWF remains an economic
and safety issue in the deepwater areas
of the GOM. Both MMS and industry
have participated in various initiatives
to learn about SWF. DeepStar is a joint
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industry technology development
project focused on advancing the
technologies needed to drill and
produce hydrocarbons in water depths
up to 10,000 feet. Members include oil
and gas companies as well as service
companies. In the mid 1990’s, DeepStar
compiled detailed information on SWFs
and made it available to interested
parties. The Energy Research Clearing
House (ERCH), established in 1992, is
an organization dedicated to promoting
exploration and production research in
technical areas of interest to members.
Members include oil and gas
companies, service companies, and
other interested organizations. ERCH
continued DeepStar’s efforts with SWF,
and for several years maintained a
database of GOM SWF occurrences,
with the goal being to facilitate proper
planning for future wells. Due to
funding concerns, this effort has
recently ended. Various workshops,
conferences, forums, and studies have
been conducted, both by industry and
MMS, to evaluate concerns related to
SWF. These initiatives have proven
useful in informing interested parties of
the problems with SWF and in
advancing technological solutions.
MMS and industry realize that one
factor with the potential to help control
SWF is the use of a proper cementing
program. In August, 2000, MMS
approached API and requested that it
work with MMS in developing a new
standard to address how cementing
technology can be used to minimize the
occurrence of the annular flow of gas or
water from OCS wells during or after
cementing operations. At that time,
MMS presented data to industry which
documented that approximately 34
percent (11 out of 32 losses of well
control) of all OCS losses of well control
reported to MMS from 1995 through
2000 were a result of the annular flow
of gas and/or water from the annulus of
a well either during or after completion
of a casing cement job. This trend has
continued since that time. API was
receptive to this idea and formed a Task
Group composed of experts from the
cement manufacturing industry, OCS
lessees, drilling contractors, cementing
service companies, and cementing
consultants to create three new
cementing standards to address various
aspects of annular flow, including the
specialized case of SWF.
The first standard completed by the
API Task Group, ‘‘API Recommended
Practice 65, Cementing Shallow Water
Flow Zones in Deep Water Wells,’’ First
Edition, September, 2002 (API RP 65)
offers a compilation of technology and
‘‘best practices’’ for use in well
cementing operations in deep water
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SWF environments. The standard
provides flexibility in designing and
implementing a cementing program for
zones with SWF potential. The
information in API RP 65 suggests that
no single cementing technique or series
of cementing techniques can be used
successfully in every situation to
prevent SWF. In some situations, it may
be possible to use a variety of
techniques outlined in the standard to
help minimize the risks associated with
cementing in a SWF environment. The
purpose of this standard is to provide a
series of alternatives which should be
evaluated to minimize the risks
associated with cementing a SWF zone.
The majority of the standard focuses on
cementing alternatives, and only
discusses SWF avoidance through
proper site selection in a cursory
fashion.
In general, use of the best cementing
practices addressed in API RP 65,
including casing centralization, pipe
movement, light weight cements such as
a foam system, proper mud circulation
prior to cementing, proper job planning,
communication, and job follow-up,
should lower the risk of SWF problems.
There are a variety of preventative
drilling techniques which can also be
utilized to minimize or avoid the risks
associated with SWF zones in addition
to the best cementing practices included
in API RP 65. These techniques include:
proper planning in regard to site
selection, the drilling of pilot holes,
setting extra strings of casing, use of
measurement-while drilling (MWD) or
pressure while drilling (PWD)
technology, and use of a drilling riser
for shallow sections of a deep water
well. These items, though valuable in
either avoiding a SWF-prone area or
drilling a well in such an area, are
beyond the scope of this standard and
will not be addressed in this proposed
rule.
To assist MMS in determining the
best method to use API RP 65 in its
regulatory program, we specifically
solicit comments on the following
questions:
(1) API RP 65 presents a broad range
of information on how to minimize
problems associated with cementing
shallow water flow zones in deep water
wells. Is there a benefit to singling out
a specific cementing technique or ‘‘best
practice’’ included in this standard to
incorporate into MMS regulations in
lieu of incorporating the entire
standard?
(2) Are there other cementing
applications in MMS regulations (e.g.,
well abandonment operations, general
cementing requirements included in 30
CFR 250.415) where the cementing
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techniques discussed in API RP 65
could be used to enhance safety if it was
incorporated into our regulations?
The Purpose of This Rule
This proposed rule would upgrade
requirements for cementing operations
in 30 CFR Part 250 Subpart A—General,
and Subpart D—Oil and Gas Drilling
Operations. Subpart A—General, would
be amended to incorporate by reference
‘‘API RP 65, Recommended Practice for
Cementing Shallow Water Flow Zones
in Deep Water Wells,’’ First Edition,
September, 2002. Subpart D—Oil and
Gas Drilling Operations, § 250.415
would be amended by adding new
subparagraph (e) to include information
on when API RP 65 is to be evaluated
in designing a cementing program.
Some of the key points of this proposal
include the following:
• Use of this standard is not
warranted for every OCS well or for all
casing strings in a particular well. Its
use should be limited to situations
where there is a risk of encountering a
SWF based upon past drilling activity,
seismic data or interpretation, or
correlation of data from offset wells, in
water depths greater than 500 feet. (SWF
has not been encountered in wells in
water depths less than 500 feet.)
• The risk associated with
encountering a SWF is characterized in
one of two ways: an area with an
unknown shallow water flow potential,
or an area known to contain a shallow
water flow hazard.
• For purposes of this proposed rule,
these terms are defined as follows:
—An area with an unknown shallow
water flow potential means a zone or
geologic formation where neither the
presence nor absence of potential for
a SWF has been confirmed,
—An area known to contain a shallow
water flow hazard means a zone or
geologic formation for which drilling
has confirmed the presence of SWF.
• Use of this standard is limited to
water depths greater than 500 feet for
areas with an unknown shallow water
flow potential or areas known to contain
a shallow water flow hazard. Data
available to the MMS on the 113 wells
that have encountered SWF shows that
the water depths for these wells ranged
from approximately 500 feet to 9,675
feet, with an average water depth of
3,560 feet.
• As part of an operator’s Application
for Permit to Drill (Form MMS–123), a
statement needs to be included
concerning how API RP 65 was
evaluated, and which of the cementing
techniques from this standard were used
as part of the cementing program for a
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well drilled in either ‘‘areas with an
unknown shallow water flow potential’’
or ‘‘areas known to contain a shallow
water flow hazard’’. This information
will be evaluated by MMS during the
review of the application for permit to
drill and discussed with the operator as
appropriate.
• Particular attention should be
placed on evaluating, designing, and
implementing the cementing programs
of both the surface and conductor casing
strings in wells requiring review under
API RP 65. Data available to MMS on
the 113 wells that have encountered
SWF shows that the tops of the SWF
zones ranged from approximately 450
feet BML to 3,005 feet BML, with an
average depth of encounter of 1,305 feet
BML. These depths are typical of the
setting depths of either conductor or
surface casings.
Procedural Matters
Public Comment Procedures
All submissions received must
include the agency name and Regulation
Identifier Number (RIN) for this
rulemaking. Our practice is to make
comments, including names and
addresses of respondents, available for
public review. Individual respondents
may request that we withhold their
address from the record, which we will
honor to the extent allowable by law.
There may be circumstances in which
we would withhold from the record a
respondent’s identity, as allowable by
the law. If you want us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. However, we will not
consider anonymous comments. Except
for proprietary information, we will
make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
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Regulatory Planning and Review
(Executive Order (E.O.) 12866)
a. This is not a significant rule under
E.O. 12866 and does not require review
by the Office of Management and
Budget (OMB). The proposed rule
would not have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities. The proposed rule would
not create an adverse effect upon the
ability of the United States offshore oil
and gas industry to compete in the
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world marketplace, nor would the
proposal adversely affect investment or
employment factors locally.
The economic analysis prepared by
MMS indicates that, if the techniques
included in API RP 65 are evaluated by
operating companies in the planning
phases of wells drilled in Areas with an
Unknown Shallow Water Flow Potential
or Areas Known to Contain a Shallow
Water Flow Hazard, this process would
increase the planning costs associated
with these wells by no more than
$20,000 per well (industry estimate).
This cost includes planning associated
with a full range of SWF mitigation
measures. The measures include casing
centralization, pipe movement, use of
light weight cements such as a foam
system, proper mud circulation prior to
cementing, site selection, the drilling of
pilot holes, setting extra strings of
casing, use of MWD or PWD technology,
and use of a drilling riser for shallow
sections of a deep water well. Today,
most lessees conducting operations in
SWF-prone areas of the GOM already
use some of these techniques. As a
result, additional costs associated with
implementing these techniques under
this proposed rule would be negligible.
Based on information available to
MMS, there have been a total of 1,275
wells drilled on the OCS in water
depths of 500 feet or greater for the
period 2000–2004. The cost to industry
over the past 5 years for SWF mitigation
would have been approximately $25.5
million ($20,000 per well × 1,275 wells
= $25.5 million) if proper planning were
conducted prior to drilling all of these
wells. In reality, a significant number of
these 1,275 wells would have been
located in areas known to be free of
shallow water flow and would not have
required an operating company to
implement the techniques included in
API RP 65 as part of their well planning
efforts, resulting in a significant
decrease to the $25.5 million cost to the
offshore industry.
Using the well data trends from 2000–
2004, in water depths greater than 500
feet, MMS estimates an average of 200
wells will be drilled per year. Using the
average of 200 wells, the estimated
annual cost to industry would be
approximately $4 million ($20,000 per
well × 200 wells = $4 million). Based on
actual drilling figures, estimated total
well costs are in excess of $40 million
per well. Industry estimates of $20,000
per well for SWF mitigation represents
only 0.05 percent of total well costs.
When $20,000 per well costs for SWF
mitigation are compared to $40 million
per well total costs, it is clear that the
possible consequences of SWF, well
abandonment, or well loss are far more
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severe than the 0.05 percent of well
costs for SWF mitigation.
For the above reasons the proposed
rule will have a minor economic effect
on the offshore oil and gas industry.
b. The proposed rule would not create
inconsistencies with other agencies’
actions. It would not change the
relationships of the OCS oil and gas
leasing program with other agencies’
actions. These relationships are all
encompassed in agreements and
memoranda of understanding that will
not change with this proposed rule.
MMS consulted with experts
specializing in the field applications of
well cementing, cement manufacturers,
lessees, and contractors working both
onshore and offshore.
c. The proposed rule would not affect
entitlements, grants, loan programs, or
the rights and obligations of their
recipients. It is strictly a planning
requirement for specific well cementing
processes to prevent accidents and
environmental pollution on the OCS.
d. This proposed rule would not raise
novel legal or policy issues. There is a
precedent for actions of this type under
regulations dealing with the OCS Lands
Act and the Oil Pollution Act of 1990.
Regulatory Flexibility Act (RFA)
DOI has determined that this
proposed rule would not have a
significant economic effect on a
substantial number of small entities.
While it would affect a substantial
number of small entities, the economic
effects of the rule would not be
significant.
Based on information available to
MMS, there have been a total of 1,275
wells drilled on the OCS in water
depths of 500 feet or greater for the
period 2000–2004. Of the total 1,275
wells drilled, 1,107 were drilled by large
businesses and 168 by small businesses.
The 168 wells were drilled by a total of
15 small businesses. In the GOM with
water depths greater than 500 feet the
1,107 large business wells correspond to
87 percent of all wells drilled, leaving
13 percent as small business wells.
Industry estimates of $20,000 for SWF
mitigation represents only 0.05 percent
of total well costs. With an estimated
average of 200 wells drilled per year in
water depths greater than 500 feet, the
total cost for all SWF mitigation is
estimated at $4 million annually.
Thirteen percent (26 wells) of the
estimated 200 wells drilled, represent
small businesses. Twenty-six wells
account for approximately $520,000
($20,000 per well × 26 annual small
business wells = $520,000) of the total
annual industry cost of $4 million for
SWF mitigation.
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The proposed rule would have a
minor economic effect on the oil and gas
offshore platform operators on the OCS,
regardless of company size. This is due
to the comparison of the relatively small
SWF mitigation costs to the high
drilling costs. Moreover, in the
overwhelming majority of cases,
operators choose to perform improved
and safer well cementing procedures on
their own initiative, not because of an
MMS safety inspection. The proposed
rule would add relatively little to the
cost of a well cementing procedure.
Thus, there would not be a significant
impact on a substantial number of small
entities under the RFA (5 U.S.C. 601 et
seq.). The proposed rule would not
cause the business practices of any of
these companies to change.
Your comments are important. The
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were
established to receive comments from
small businesses about Federal agency
enforcement actions. The Ombudsman
will annually evaluate the enforcement
activities and rate each agency’s
responsiveness to small business. If you
wish to comment on the enforcement
actions of MMS, call toll-free at 1–888–
734–3247.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This proposed rule is not a major rule
under 5 U.S.C. 804(2), the SBREFA. The
proposed rule would not increase
significantly the cost of well cementing.
If there is an increase, it would not be
a large cost compared to the overall cost
of a well cementing procedure.
Moreover, it may reduce significantly
the possibility of a damaging and costly
incident during the course of a well
cementing operation. Such an accident
could be economically disastrous for a
small entity. Thus, the proposed rule
would have a minor economic effect on
the small offshore oil and gas operators.
Based on our economic analysis:
a. It would not have an annual effect
on the economy of $100 million or
more. As indicated in our cost analysis,
direct annual costs to industry for the
entire proposed rule could not be
assessed adequately. The proposed rule
would have a minor economic effect on
the offshore oil and gas industries.
b. It would not cause a major increase
in costs or prices for consumers,
individual industries, federal, state, or
local government agencies, or
geographic regions.
c. It would not have significant
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of U.S.-based
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enterprises to compete with foreignbased enterprises.
Unfunded Mandates Reform Act
(UMRA)
This proposed rule does not contain
any unfunded mandates to state, local,
or tribal governments, nor would it
impose significant regulatory costs on
the private sector. Anticipated costs to
the private sector will be far below the
$100 million threshold for any year that
was established by UMRA.
Takings Implication Assessment
(Executive Order 12630)
DOI certifies that this proposed rule
does not represent a governmental
action capable of interference with
constitutionally protected property
rights.
Federalism (Executive Order 13132)
According to E.O. 13132, the
proposed rule does not have significant
federalism effects. The proposed rule
does not change the role or
responsibilities of federal, state, and
local governmental entities. It does not
relate to the structure and role of states
and will not have direct, substantive, or
significant effects on states.
Civil Justice Reform (Executive Order
12988)
According to E.O. 12988, the Office of
the Solicitor, Department of the Interior,
has determined that this proposed rule
would not unduly burden the judicial
system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act (PRA) of 1995
The proposed revisions to 30 CFR 250
refer to, but do not change, information
collection requirements in current
regulations. They propose no new
reporting or recordkeeping
requirements, and an OMB form 83–1
submission to OMB under the PRA,
§ 3507(d), is not required. The PRA
provides that an agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
Until OMB approves a collection of
information and assigns a number, you
are not required to respond. OMB
approved the referenced information
collection requirements for 30 CFR 250
under OMB control numbers 1010–0114
(22,288 burden hours), expiration
October 31, 2007, and 1010–0141
(163,714 burden hours), expiration
August 31, 2008.
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Fmt 4702
Sfmt 4702
National Environmental Policy Act
(NEPA) of 1969
This proposed rule does not
constitute a major federal action
significantly affecting the quality of the
human environment. A detailed
statement under NEPA is not required.
Energy, Supply, Distribution, or Use
(Executive Order 13211)
Executive Order 13211 requires the
agency to prepare a Statement of Energy
Effects when it takes a regulatory action
that is identified as a significant energy
action. This proposed rule is not a
significant energy action, and therefore
does not require a Statement of Energy
Effects, because it:
a. Is not a significant regulatory action
under E.O. 12866,
b. Is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy, and
c. Has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget, as a
significant energy action.
Clarity of This Regulation
Executive Order 12866 requires each
agency to write regulations that are easy
to understand. We invite your
comments on how to make this
proposed rule easier to understand,
including answers to questions such as
the following:
(1) Are the requirements in the
proposed rule clearly stated?
(2) Does the proposed rule contain
technical language or jargon that
interferes with its clarity?
(3) Does the format (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity?
(4) Is the description of the proposed
rule in the ‘‘Supplementary
Information’’ section of this preamble
helpful in understanding the proposed
rule? What else can we do to make the
proposed rule easier to understand?
Send a copy of any comments that
concern how we could make this
proposed rule easier to understand to:
Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C
Street, NW., Washington, DC 20240.
You may also e-mail the comments to
this address: Exsec@ios.doi.gov.
List of Subjects in 30 CFR Part 250
Continental shelf, Environmental
impact statements, Environmental
protection, Investigations, Oil and gas
exploration, Public lands—mineral
resources, Reporting and recordkeeping
requirements, Incorporation by
reference.
E:\FR\FM\22MYP1.SGM
22MYP1
29285
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules
Dated: May 10, 2006.
R.M. ‘‘Johnnie’’ Burton,
Acting Assistant Secretary, Land and
Minerals Management.
PART 250—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
1. The authority citation for part 250
continues to read as follows:
§ 250.198 Documents incorporated by
reference.
Authority: 43 U.S.C. 1331, et seq., 31
U.S.C. 9701.
For the reasons stated in the
preamble, the Minerals Management
Service (MMS) proposes to amend 30
CFR part 250 as follows:
2. In § 250.198, the following
document incorporated by reference is
added to the table in paragraph (e) in
alphanumerical order.
*
*
*
(e) * * *
*
*
Title of documents
Incorporated
by reference
at
*
*
*
*
*
*
API RP 65, Recommended Practice for Cementing Shallow Water Flow Zones in Deep Water Wells, First Edition, September,
2002. Product No. G56001
*
§ 250.415(e).
*
*
*
3. In § 250.415, add a new paragraph
(e) as set forth below.
§ 250.415 What must my casing and
cementing programs include?
*
*
*
*
*
(e) For wells drilled in water depths
greater than 500 feet, show how you
evaluated the best practices included in
API RP 65, Recommended Practice for
Cementing Shallow Water Flow Zones
in Deep Water Wells (incorporated by
reference as specified in § 250.198), to
design your cement program to
minimize the consequences of
encountering a shallow water flow for
the following two areas:
(1) An ‘‘area with an unknown
shallow water flow potential’’ is a zone
or geologic formation where neither the
presence nor absence of potential for a
shallow water flow has been confirmed.
(2) An ‘‘area known to contain a
shallow water flow hazard’’ is a zone or
geologic formation for which drilling
has confirmed the presence of shallow
water flow.
[FR Doc. E6–7792 Filed 5–19–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[Docket No. TX–051–FOR]
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; withdrawal of
proposed amendment.
rmajette on PROD1PC67 with PROPOSALS
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing the withdrawal
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15:16 May 19, 2006
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*
*
of an amendment to the Texas
regulatory program (Texas program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Texas proposed revisions to and
additions of regulations regarding coal
combustion by-products and coal
combustion products. Texas intended to
revise its program to clarify how the use
and disposal of coal combustion byproducts and coal combustion products
are regulated at coal mine sites in Texas.
By letter dated April 11, 2006, Texas
withdrew the amendment at its own
initiative.
DATES: This withdrawal is made on May
22, 2006.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. E-mail: mwolfrom@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Proposed
Amendment
I. Background on the Texas Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Texas
program effective February 16, 1980.
You can find background information
on the Texas program, including the
PO 00000
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Fmt 4702
Sfmt 4702
*
*
Secretary’s findings, the disposition of
comments, and the conditions of
approval, in the February 27, 1980,
Federal Register (45 FR 12998). You can
find later actions on the Texas program
at 30 CFR 943.10, 943.15, and 943.16.
II. Submission of the Proposed
Amendment
By letter dated December 9, 2003
(Administrative Record No. TX–656),
Texas sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Texas sent the amendment at its
own initiative.
We announced receipt of the
proposed amendment in the February 3,
2004, Federal Register (69 FR 5102). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. At the request of nine
citizen groups and two industry groups,
we held a public hearing in Austin,
Texas, on March 1, 2004. We entered a
transcript of the public hearing into the
administrative record (Administrative
Record No. TX–656.31). At the request
of one citizen group, we extended the
public comment period on March 3,
2004 (69 FR 9983). The extended public
comment period ended on March 19,
2004. We received comments from four
industry groups, two State agencies, one
Federal agency, one consulting
company, and ten citizen groups.
During our review of the amendment,
we identified concerns about air
pollution control, hydrologic
information, performance bond release,
recordkeeping and annual reporting,
and the definition of ‘‘coal combustion
by-products.’’ We notified Texas of
these concerns by letters dated February
13, 2004, and May 7, 2004
(Administrative Record Nos. TX–656.04
and TX–656.39). On April 11, 2006
E:\FR\FM\22MYP1.SGM
22MYP1
Agencies
[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Proposed Rules]
[Pages 29280-29285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7792]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 250
RIN 1010-AD19
Oil and Gas and Sulphur Operations in the Outer Continental Shelf
(OCS)--Incorporate API RP 65 for Cementing Shallow Water Flow Zones
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 29281]]
SUMMARY: MMS is proposing to incorporate by reference the First Edition
of the American Petroleum Institute's Recommended Practice for
Cementing Shallow Water Flow Zones in Deep Water Wells (API RP 65) into
MMS regulations. Since 1987, at least 113 OCS wells have encountered
shallow water flow (SWF) to varying degrees. The majority of these
wells experienced SWF to only a minor degree; however, there were
instances of severe encounters resulting in abandonment of well sites
and loss of wells. This action would establish best practices for
cementing wells in deep water areas of the OCS that are prone to SWF.
DATES: MMS will consider all comments received by July 21, 2006. We
will begin reviewing comments then and may not fully consider comments
received after July 21, 2006.
ADDRESSES: You may submit comments on the rulemaking by any of the
following methods. Please use the Regulation Identifier Number (RIN)
1010-AD19 as an identifier in your message. See also Public Comment
Procedures under Procedural Matters.
MMS's Public Connect on-line commenting system, https://
ocsconnect.mms.gov. Follow the instructions on the Web site for
submitting comments.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the Web site for submitting comments.
E-mail MMS at rules.comments@mms.gov. Use RIN 1010-AD19 in
the subject line.
Fax: 703-787-1546. Identify with the RIN, 1010-AD19.
Mail or hand-carry comments to the Department of the
Interior; Minerals Management Service; Attention: Rules Processing Team
(RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please
reference ``Incorporate API RP 65 for Cementing Shallow Water Flow
Zones, 1010-AD19'' in your comments and include your name and return
address.
Send comments on the information collection in this rule
to: Interior Desk Officer 1010-AD19, Office of Management and Budget;
202/395-6566 (facsimile); e-mail: oira_docket@omb.eop.gov. Please also
send a copy to MMS.
FOR FURTHER INFORMATION CONTACT: Kirk Malstrom, Regulations & Standards
Branch (703) 787-1751.
SUPPLEMENTARY INFORMATION:
Background
MMS is authorized to issue and enforce rules to promote safe
operations, environmental protection, and resource conservation on the
OCS by the OCS Lands Act (43 U.S.C. 1331 et seq.). Under this
authority, MMS regulates all safety aspects of oil and gas drilling,
production, and well-workover operations on the OCS.
Since 1987, OCS operators have reported encountering shallow water
flow (SWF) problems while drilling in specific areas of the Gulf of
Mexico (GOM), including Garden Banks, Green Canyon, Mississippi Canyon,
and Viosca Knoll. SWFs have also been reported to the agency from the
Atwater, De Soto Canyon, East Breaks, Ewing Bank, and Port Isabel areas
of the GOM. To date, MMS is aware of at least 113 wells, drilled by
approximately 25 different operators, that have encountered problems
with SWF. Data available to MMS shows that the water depth for these
wells ranged from approximately 496 feet to 9,672 feet, with an average
water depth of 3,562 feet. These wells encountered SWF from zones at
depths ranging from approximately 450 feet below mud line (BML) to
3,005 feet BML, with an average depth of encounter of 1,305 feet BML.
These BML depths represent the top of the SWF zone. General information
on SWFs, and maps showing the location of areas in the GOM that have
had documented cases of SWF, can be viewed at our Web site at: https://
www.gomr.mms.gov/homepg/offshore/safety/wtrflow.html.
SWF is a phenomenon generally encountered at shallow depths BML in
the deepwater areas of the GOM (greater than 500 feet and more commonly
in water depths greater than 1,000 feet) and is typically attributable
to penetrating abnormally pressured shallow sands. The greater than
normal pressures in these sands can result from sediments being
deposited at higher than normal rates, resulting in the pressurization
of the pore water above normal hydrostatic pressure. The development of
a formation, such as a shale body above this sand, may create a seal
allowing the development of an abnormally pressured formation. As
described, this situation does not represent a problem. However, with
the development of appropriate permeability, such a formation, once
penetrated, may result in an influx of water or sediment into or around
the wellbore, or a SWF. Depending on the severity of the SWF, the flow
may result in the creation of a channel behind the casing, creation of
a large washout, buckling of casing, cross flow between a localized
group of wells, premature permanent abandonment of the well, and
expenditure of additional time and expense for the operator to control
the well and resume drilling operations.
According to the information available to MMS, the majority of the
113 GOM wells that have encountered SWF did so to only a slight degree.
However, some of the SWFs were severe and resulted in abandonment of
the well sites, and required moving to an alternate location to drill
new wells at great expense. A significant SWF event happened off the
mouth of the Mississippi River in deepwater. The field is located in an
area where SWF problems have been severe. The sediments in this area
contain massive sands at above normal pressures at shallow depths BML.
Once the problem of SWF was recognized, the company employed various
drilling and cementing techniques while constructing wells in attempts
to prevent and control the SWF problem. Ultimately the decision was
made to abandon this site because many of the slots at the site were
unusable due to the buckling of casing caused by SWF. It is estimated
that abandonment of this site cost approximately $100 million. A new,
second site, was selected approximately 1 mile from the original site.
Selection criteria for this site emphasized SWF avoidance based on
seismic data.
Other SWF incidents in GOM have resulted in less expensive, but
equally damaging situations. A well located in Garden Banks in
deepwater was spudded and drilled in preparation for running conductor
casing. The casing was run and cemented with foamed lead cement and
higher density tail cement. The day after cement operations were
completed, the well experienced a SWF from the drive pipe conductor
casing annulus. Three days later the well was abandoned, and the rig
was moved to an alternate location to commence drilling another well.
The original well was monitored for SWF with a remote operating vehicle
while the new well was drilled. Flow on the original well had decreased
significantly and the well is currently classified as permanently
abandoned. The information included in API RP 65 addressing best
cementing practices in SWF environments might have helped prevent the
above SWF incidents if it had been incorporated into MMS regulations.
Today, SWF remains an economic and safety issue in the deepwater
areas of the GOM. Both MMS and industry have participated in various
initiatives to learn about SWF. DeepStar is a joint
[[Page 29282]]
industry technology development project focused on advancing the
technologies needed to drill and produce hydrocarbons in water depths
up to 10,000 feet. Members include oil and gas companies as well as
service companies. In the mid 1990's, DeepStar compiled detailed
information on SWFs and made it available to interested parties. The
Energy Research Clearing House (ERCH), established in 1992, is an
organization dedicated to promoting exploration and production research
in technical areas of interest to members. Members include oil and gas
companies, service companies, and other interested organizations. ERCH
continued DeepStar's efforts with SWF, and for several years maintained
a database of GOM SWF occurrences, with the goal being to facilitate
proper planning for future wells. Due to funding concerns, this effort
has recently ended. Various workshops, conferences, forums, and studies
have been conducted, both by industry and MMS, to evaluate concerns
related to SWF. These initiatives have proven useful in informing
interested parties of the problems with SWF and in advancing
technological solutions.
MMS and industry realize that one factor with the potential to help
control SWF is the use of a proper cementing program. In August, 2000,
MMS approached API and requested that it work with MMS in developing a
new standard to address how cementing technology can be used to
minimize the occurrence of the annular flow of gas or water from OCS
wells during or after cementing operations. At that time, MMS presented
data to industry which documented that approximately 34 percent (11 out
of 32 losses of well control) of all OCS losses of well control
reported to MMS from 1995 through 2000 were a result of the annular
flow of gas and/or water from the annulus of a well either during or
after completion of a casing cement job. This trend has continued since
that time. API was receptive to this idea and formed a Task Group
composed of experts from the cement manufacturing industry, OCS
lessees, drilling contractors, cementing service companies, and
cementing consultants to create three new cementing standards to
address various aspects of annular flow, including the specialized case
of SWF.
The first standard completed by the API Task Group, ``API
Recommended Practice 65, Cementing Shallow Water Flow Zones in Deep
Water Wells,'' First Edition, September, 2002 (API RP 65) offers a
compilation of technology and ``best practices'' for use in well
cementing operations in deep water SWF environments. The standard
provides flexibility in designing and implementing a cementing program
for zones with SWF potential. The information in API RP 65 suggests
that no single cementing technique or series of cementing techniques
can be used successfully in every situation to prevent SWF. In some
situations, it may be possible to use a variety of techniques outlined
in the standard to help minimize the risks associated with cementing in
a SWF environment. The purpose of this standard is to provide a series
of alternatives which should be evaluated to minimize the risks
associated with cementing a SWF zone. The majority of the standard
focuses on cementing alternatives, and only discusses SWF avoidance
through proper site selection in a cursory fashion.
In general, use of the best cementing practices addressed in API RP
65, including casing centralization, pipe movement, light weight
cements such as a foam system, proper mud circulation prior to
cementing, proper job planning, communication, and job follow-up,
should lower the risk of SWF problems. There are a variety of
preventative drilling techniques which can also be utilized to minimize
or avoid the risks associated with SWF zones in addition to the best
cementing practices included in API RP 65. These techniques include:
proper planning in regard to site selection, the drilling of pilot
holes, setting extra strings of casing, use of measurement-while
drilling (MWD) or pressure while drilling (PWD) technology, and use of
a drilling riser for shallow sections of a deep water well. These
items, though valuable in either avoiding a SWF-prone area or drilling
a well in such an area, are beyond the scope of this standard and will
not be addressed in this proposed rule.
To assist MMS in determining the best method to use API RP 65 in
its regulatory program, we specifically solicit comments on the
following questions:
(1) API RP 65 presents a broad range of information on how to
minimize problems associated with cementing shallow water flow zones in
deep water wells. Is there a benefit to singling out a specific
cementing technique or ``best practice'' included in this standard to
incorporate into MMS regulations in lieu of incorporating the entire
standard?
(2) Are there other cementing applications in MMS regulations
(e.g., well abandonment operations, general cementing requirements
included in 30 CFR 250.415) where the cementing techniques discussed in
API RP 65 could be used to enhance safety if it was incorporated into
our regulations?
The Purpose of This Rule
This proposed rule would upgrade requirements for cementing
operations in 30 CFR Part 250 Subpart A--General, and Subpart D--Oil
and Gas Drilling Operations. Subpart A--General, would be amended to
incorporate by reference ``API RP 65, Recommended Practice for
Cementing Shallow Water Flow Zones in Deep Water Wells,'' First
Edition, September, 2002. Subpart D--Oil and Gas Drilling Operations,
Sec. 250.415 would be amended by adding new subparagraph (e) to
include information on when API RP 65 is to be evaluated in designing a
cementing program. Some of the key points of this proposal include the
following:
Use of this standard is not warranted for every OCS well
or for all casing strings in a particular well. Its use should be
limited to situations where there is a risk of encountering a SWF based
upon past drilling activity, seismic data or interpretation, or
correlation of data from offset wells, in water depths greater than 500
feet. (SWF has not been encountered in wells in water depths less than
500 feet.)
The risk associated with encountering a SWF is
characterized in one of two ways: an area with an unknown shallow water
flow potential, or an area known to contain a shallow water flow
hazard.
For purposes of this proposed rule, these terms are
defined as follows:
--An area with an unknown shallow water flow potential means a zone or
geologic formation where neither the presence nor absence of potential
for a SWF has been confirmed,
--An area known to contain a shallow water flow hazard means a zone or
geologic formation for which drilling has confirmed the presence of
SWF.
Use of this standard is limited to water depths greater
than 500 feet for areas with an unknown shallow water flow potential or
areas known to contain a shallow water flow hazard. Data available to
the MMS on the 113 wells that have encountered SWF shows that the water
depths for these wells ranged from approximately 500 feet to 9,675
feet, with an average water depth of 3,560 feet.
As part of an operator's Application for Permit to Drill
(Form MMS-123), a statement needs to be included concerning how API RP
65 was evaluated, and which of the cementing techniques from this
standard were used as part of the cementing program for a
[[Page 29283]]
well drilled in either ``areas with an unknown shallow water flow
potential'' or ``areas known to contain a shallow water flow hazard''.
This information will be evaluated by MMS during the review of the
application for permit to drill and discussed with the operator as
appropriate.
Particular attention should be placed on evaluating,
designing, and implementing the cementing programs of both the surface
and conductor casing strings in wells requiring review under API RP 65.
Data available to MMS on the 113 wells that have encountered SWF shows
that the tops of the SWF zones ranged from approximately 450 feet BML
to 3,005 feet BML, with an average depth of encounter of 1,305 feet
BML. These depths are typical of the setting depths of either conductor
or surface casings.
Procedural Matters
Public Comment Procedures
All submissions received must include the agency name and
Regulation Identifier Number (RIN) for this rulemaking. Our practice is
to make comments, including names and addresses of respondents,
available for public review. Individual respondents may request that we
withhold their address from the record, which we will honor to the
extent allowable by law. There may be circumstances in which we would
withhold from the record a respondent's identity, as allowable by the
law. If you want us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. However, we
will not consider anonymous comments. Except for proprietary
information, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Regulatory Planning and Review (Executive Order (E.O.) 12866)
a. This is not a significant rule under E.O. 12866 and does not
require review by the Office of Management and Budget (OMB). The
proposed rule would not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local, or tribal
governments or communities. The proposed rule would not create an
adverse effect upon the ability of the United States offshore oil and
gas industry to compete in the world marketplace, nor would the
proposal adversely affect investment or employment factors locally.
The economic analysis prepared by MMS indicates that, if the
techniques included in API RP 65 are evaluated by operating companies
in the planning phases of wells drilled in Areas with an Unknown
Shallow Water Flow Potential or Areas Known to Contain a Shallow Water
Flow Hazard, this process would increase the planning costs associated
with these wells by no more than $20,000 per well (industry estimate).
This cost includes planning associated with a full range of SWF
mitigation measures. The measures include casing centralization, pipe
movement, use of light weight cements such as a foam system, proper mud
circulation prior to cementing, site selection, the drilling of pilot
holes, setting extra strings of casing, use of MWD or PWD technology,
and use of a drilling riser for shallow sections of a deep water well.
Today, most lessees conducting operations in SWF-prone areas of the GOM
already use some of these techniques. As a result, additional costs
associated with implementing these techniques under this proposed rule
would be negligible.
Based on information available to MMS, there have been a total of
1,275 wells drilled on the OCS in water depths of 500 feet or greater
for the period 2000-2004. The cost to industry over the past 5 years
for SWF mitigation would have been approximately $25.5 million ($20,000
per well x 1,275 wells = $25.5 million) if proper planning were
conducted prior to drilling all of these wells. In reality, a
significant number of these 1,275 wells would have been located in
areas known to be free of shallow water flow and would not have
required an operating company to implement the techniques included in
API RP 65 as part of their well planning efforts, resulting in a
significant decrease to the $25.5 million cost to the offshore
industry.
Using the well data trends from 2000-2004, in water depths greater
than 500 feet, MMS estimates an average of 200 wells will be drilled
per year. Using the average of 200 wells, the estimated annual cost to
industry would be approximately $4 million ($20,000 per well x 200
wells = $4 million). Based on actual drilling figures, estimated total
well costs are in excess of $40 million per well. Industry estimates of
$20,000 per well for SWF mitigation represents only 0.05 percent of
total well costs. When $20,000 per well costs for SWF mitigation are
compared to $40 million per well total costs, it is clear that the
possible consequences of SWF, well abandonment, or well loss are far
more severe than the 0.05 percent of well costs for SWF mitigation.
For the above reasons the proposed rule will have a minor economic
effect on the offshore oil and gas industry.
b. The proposed rule would not create inconsistencies with other
agencies' actions. It would not change the relationships of the OCS oil
and gas leasing program with other agencies' actions. These
relationships are all encompassed in agreements and memoranda of
understanding that will not change with this proposed rule. MMS
consulted with experts specializing in the field applications of well
cementing, cement manufacturers, lessees, and contractors working both
onshore and offshore.
c. The proposed rule would not affect entitlements, grants, loan
programs, or the rights and obligations of their recipients. It is
strictly a planning requirement for specific well cementing processes
to prevent accidents and environmental pollution on the OCS.
d. This proposed rule would not raise novel legal or policy issues.
There is a precedent for actions of this type under regulations dealing
with the OCS Lands Act and the Oil Pollution Act of 1990.
Regulatory Flexibility Act (RFA)
DOI has determined that this proposed rule would not have a
significant economic effect on a substantial number of small entities.
While it would affect a substantial number of small entities, the
economic effects of the rule would not be significant.
Based on information available to MMS, there have been a total of
1,275 wells drilled on the OCS in water depths of 500 feet or greater
for the period 2000-2004. Of the total 1,275 wells drilled, 1,107 were
drilled by large businesses and 168 by small businesses. The 168 wells
were drilled by a total of 15 small businesses. In the GOM with water
depths greater than 500 feet the 1,107 large business wells correspond
to 87 percent of all wells drilled, leaving 13 percent as small
business wells.
Industry estimates of $20,000 for SWF mitigation represents only
0.05 percent of total well costs. With an estimated average of 200
wells drilled per year in water depths greater than 500 feet, the total
cost for all SWF mitigation is estimated at $4 million annually.
Thirteen percent (26 wells) of the estimated 200 wells drilled,
represent small businesses. Twenty-six wells account for approximately
$520,000 ($20,000 per well x 26 annual small business wells = $520,000)
of the total annual industry cost of $4 million for SWF mitigation.
[[Page 29284]]
The proposed rule would have a minor economic effect on the oil and
gas offshore platform operators on the OCS, regardless of company size.
This is due to the comparison of the relatively small SWF mitigation
costs to the high drilling costs. Moreover, in the overwhelming
majority of cases, operators choose to perform improved and safer well
cementing procedures on their own initiative, not because of an MMS
safety inspection. The proposed rule would add relatively little to the
cost of a well cementing procedure. Thus, there would not be a
significant impact on a substantial number of small entities under the
RFA (5 U.S.C. 601 et seq.). The proposed rule would not cause the
business practices of any of these companies to change.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the enforcement actions of MMS,
call toll-free at 1-888-734-3247.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
SBREFA. The proposed rule would not increase significantly the cost of
well cementing. If there is an increase, it would not be a large cost
compared to the overall cost of a well cementing procedure. Moreover,
it may reduce significantly the possibility of a damaging and costly
incident during the course of a well cementing operation. Such an
accident could be economically disastrous for a small entity. Thus, the
proposed rule would have a minor economic effect on the small offshore
oil and gas operators. Based on our economic analysis:
a. It would not have an annual effect on the economy of $100
million or more. As indicated in our cost analysis, direct annual costs
to industry for the entire proposed rule could not be assessed
adequately. The proposed rule would have a minor economic effect on the
offshore oil and gas industries.
b. It would not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. It would 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.
Unfunded Mandates Reform Act (UMRA)
This proposed rule does not contain any unfunded mandates to state,
local, or tribal governments, nor would it impose significant
regulatory costs on the private sector. Anticipated costs to the
private sector will be far below the $100 million threshold for any
year that was established by UMRA.
Takings Implication Assessment (Executive Order 12630)
DOI certifies that this proposed rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Federalism (Executive Order 13132)
According to E.O. 13132, the proposed rule does not have
significant federalism effects. The proposed rule does not change the
role or responsibilities of federal, state, and local governmental
entities. It does not relate to the structure and role of states and
will not have direct, substantive, or significant effects on states.
Civil Justice Reform (Executive Order 12988)
According to E.O. 12988, the Office of the Solicitor, Department of
the Interior, has determined that this proposed rule would not unduly
burden the judicial system and meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act (PRA) of 1995
The proposed revisions to 30 CFR 250 refer to, but do not change,
information collection requirements in current regulations. They
propose no new reporting or recordkeeping requirements, and an OMB form
83-1 submission to OMB under the PRA, Sec. 3507(d), is not required.
The PRA provides that an agency may not conduct or sponsor a collection
of information unless it displays a currently valid OMB control number.
Until OMB approves a collection of information and assigns a number,
you are not required to respond. OMB approved the referenced
information collection requirements for 30 CFR 250 under OMB control
numbers 1010-0114 (22,288 burden hours), expiration October 31, 2007,
and 1010-0141 (163,714 burden hours), expiration August 31, 2008.
National Environmental Policy Act (NEPA) of 1969
This proposed rule does not constitute a major federal action
significantly affecting the quality of the human environment. A
detailed statement under NEPA is not required.
Energy, Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires the agency to prepare a Statement of
Energy Effects when it takes a regulatory action that is identified as
a significant energy action. This proposed rule is not a significant
energy action, and therefore does not require a Statement of Energy
Effects, because it:
a. Is not a significant regulatory action under E.O. 12866,
b. Is not likely to have a significant adverse effect on the
supply, distribution, or use of energy, and
c. Has not been designated by the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget, as
a significant energy action.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this proposed rule easier to understand, including answers to questions
such as the following:
(1) Are the requirements in the proposed rule clearly stated?
(2) Does the proposed rule contain technical language or jargon
that interferes with its clarity?
(3) Does the format (grouping and order of sections, use of
headings, paragraphing, etc.) aid or reduce its clarity?
(4) Is the description of the proposed rule in the ``Supplementary
Information'' section of this preamble helpful in understanding the
proposed rule? What else can we do to make the proposed rule easier to
understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to: Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW., Washington,
DC 20240. You may also e-mail the comments to this address:
Exsec@ios.doi.gov.
List of Subjects in 30 CFR Part 250
Continental shelf, Environmental impact statements, Environmental
protection, Investigations, Oil and gas exploration, Public lands--
mineral resources, Reporting and recordkeeping requirements,
Incorporation by reference.
[[Page 29285]]
Dated: May 10, 2006.
R.M. ``Johnnie'' Burton,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Minerals Management
Service (MMS) proposes to amend 30 CFR part 250 as follows:
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 250 continues to read as
follows:
Authority: 43 U.S.C. 1331, et seq., 31 U.S.C. 9701.
2. In Sec. 250.198, the following document incorporated by
reference is added to the table in paragraph (e) in alphanumerical
order.
Sec. 250.198 Documents incorporated by reference.
* * * * *
(e) * * *
------------------------------------------------------------------------
Title of documents Incorporated by reference at
------------------------------------------------------------------------
* * * * * * *
API RP 65, Recommended Practice for Sec. 250.415(e).
Cementing Shallow Water Flow Zones in
Deep Water Wells, First Edition,
September, 2002. Product No. G56001
* * * * * * *
------------------------------------------------------------------------
3. In Sec. 250.415, add a new paragraph (e) as set forth below.
Sec. 250.415 What must my casing and cementing programs include?
* * * * *
(e) For wells drilled in water depths greater than 500 feet, show
how you evaluated the best practices included in API RP 65, Recommended
Practice for Cementing Shallow Water Flow Zones in Deep Water Wells
(incorporated by reference as specified in Sec. 250.198), to design
your cement program to minimize the consequences of encountering a
shallow water flow for the following two areas:
(1) An ``area with an unknown shallow water flow potential'' is a
zone or geologic formation where neither the presence nor absence of
potential for a shallow water flow has been confirmed.
(2) An ``area known to contain a shallow water flow hazard'' is a
zone or geologic formation for which drilling has confirmed the
presence of shallow water flow.
[FR Doc. E6-7792 Filed 5-19-06; 8:45 am]
BILLING CODE 4310-MR-P