Expert Forum on the Use of Performance-Based Regulatory Models in the U.S. Oil and Gas Industry, Offshore and Onshore, 50172-50174 [2012-20058]
Download as PDF
<![CDATA[
50172
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the Proposed
Decision and Order becomes final, the
petitioner will submit proposed
revisions for its approved 30 CFR part
48 training plan to the District Manager.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Dated: August 14, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances
[FR Doc. 2012–20305 Filed 8–17–12; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0033]
Expert Forum on the Use of
Performance-Based Regulatory Models
in the U.S. Oil and Gas Industry,
Offshore and Onshore
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of stakeholder meeting.
AGENCY:
The Department of Labor,
Occupational Safety and Health
Administration (OSHA); Department of
Interior, Bureau of Safety and
Environmental Enforcement (BSEE);
Department of Homeland Security,
United States Coast Guard (USCG);
Environmental Protection Agency
(EPA); and Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration
(PHMSA) invite interested parties to
participate in a co-sponsored
stakeholder meeting, and submit
comments on the use and
implementation of performance-based
regulatory models for enhanced safety
and environmental performance in the
United States oil and gas industry. The
meeting will take place at the College of
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:25 Aug 17, 2012
Jkt 226001
the Mainland, and hosted by the Gulf
Coast Safety Institute. Speakers will
address the current regulatory landscape
and discuss the challenges and benefits
of non-prescriptive, outcome-based
approaches to reduce the frequency and
severity of harmful events. Public
attendees will have the opportunity to
make comments at the meeting, and all
members of the public may submit
comments in writing. The purpose of
the meeting is to gather information
from experts and stakeholders to help
inform the consideration of future
applications of performance-based
regulatory approaches in the oil and gas
sector. The agencies involved are
soliciting input on potential concepts
and options, and are not proposing
specific changes to existing regulations
at this time.
DATES: The stakeholder meeting will be
held on September 20–21, 2012. The
meeting will run from 9 a.m. to 4 p.m.,
CDT on September 20, and 9 a.m. to 1
p.m., CDT on September 21. The
agencies will post a more detailed
agenda for the meeting on the
registration Web site (see Registration
section).
ADDRESSES: The meeting will take place
at College of the Mainland, Learning
Resource Center, Room 131, 1200
Amburn Road, Texas City, Texas 77511.
On-site parking will be available.
Registration: The deadline for
registration to attend the meeting is
September 5, 2012. Please register
online at https://primis.phmsa.dot.gov/
meetings/mtghome.mtg?mtg=79.
Registrations will be available for 150
public seats. The meeting also will be
webcast live for online viewing.
Instructions and information for the
webcast, a detailed meeting agenda, and
additional information will be available
on the registration Web site.
Public Comment: You are invited to
submit comments that address the
topics for consideration listed in Section
II of this notice. The docket will remain
open until October 22, 2012. You may
submit comments and additional
materials electronically, or by facsimile
(fax) or hard copy.
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov. Follow the
instructions on-line for making
electronic submissions.
Fax: If your submissions, including
attachments, are not longer than 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Mail, hand delivery, express mail, or
messenger or courier service: You may
submit comments and attachments to
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
the OSHA Docket Office, Docket No.
2012–0033, U.S. Department of Labor,
Room N–2625, 200 Constitution Avenue
NW., Washington, DC 20210. The
Docket Office will accept deliveries
(hand, express mail, or messenger or
courier service) during the Department
of Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
EST.
Instructions: All submissions must
identify the Agency name and the
OSHA docket number for this meeting
(OSHA Docket No. 2012–0033). You
may supplement electronic submissions
by uploading document attachments
and files electronically. If, instead, you
wish to mail additional materials in
reference to an electronic or fax
submission, you must submit a copy to
the OSHA Docket Office. The additional
materials must clearly identify your
electronic submissions by name, date,
and docket number so OSHA can attach
them to your submissions.
Because of security-related
procedures, the use of regular mail may
cause a significant delay in the receipt
of submissions. For information about
security procedures concerning the
delivery of materials by hand delivery,
express mail, or messenger or courier
service, please contact the OSHA Docket
Office at (202) 693–2350 (TTY (877)
889–5627).
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT:
• For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–1999; e-mail:
meilinger.francis2@dol.gov.
• For general and technical
information about the meeting: Ms. Lisa
Long, Director, Office of Engineering
Safety, OSHA, Directorate of Standards
and Guidance, Room N–3609, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–2222; e-mail:
long.lisa@dol.gov.
• For copies of this Federal Register
notice: Electronic copies of this Federal
Register document are available at
E:\FR\FM\20AUN1.SGM
20AUN1
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
https://www.regulations.gov. This
document, as well as news releases and
other relevant information, also are
available at OSHA’s Webpage at https://
www.osha.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Background
Multiple agencies share Federal
health, safety, and environmental
regulation of the U.S. oil and gas
industry, from drilling to refining, both
onshore and offshore. The oil and gas
industry engages in operations that
include, but are not limited to,
exploration, drilling, completion,
servicing, production, transportation,
and refining. While the technical
aspects of these operations can vary
greatly, many hazards to both
employees and the general public are
similar. However, regulatory
requirements between the various
agencies often differ, and the agency
that has jurisdiction over an operation
can vary by either type of operation or
location; in some cases, jurisdiction may
overlap. For instance, BSEE, USCG, and
the EPA regulate drilling and
production activities offshore, PHMSA
regulates hazardous material
transportation both onshore and
offshore, and OSHA has standards
regulating safety and health in
workplaces that include oil and gas
drilling, production, and refining.
Currently, Federal agencies involved in
the regulation of the oil and gas sector
employ regulatory regimes that have
some elements of both prescriptive and
performance-based approaches; the
agencies are continually evaluating how
to improve the effectiveness of these
regulations and standards.
On January 18, 2011, President
Obama issued Executive Order 13563,
which called for improvements in the
nation’s regulatory system to promote
predictability and reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. Specifically,
the Executive Order requests that
agencies review existing and proposed
standards and regulations to ensure they
effectively protect ‘‘public health,
welfare, safety, and our environment
while promoting economic growth,
innovation, competitiveness, and job
creation.’’ The Executive Order also sets
forth agency requirements for
promulgating regulations and standards,
including provisions addressing public
participation, integration and
innovation, flexible approaches, and
retrospective analysis of existing rules.
With respect to retrospective analysis,
the Executive Order states:
VerDate Mar<15>2010
16:25 Aug 17, 2012
Jkt 226001
To facilitate the periodic review of existing
significant regulations, agencies shall
consider how best to promote retrospective
analysis of rules that may be outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance with
what has been learned.
The Executive Order emphasizes that,
to the extent feasible, regulations and
standards should: specify performance
objectives rather than specifying the
behavior or manner of compliance that
regulated entities must adopt; and be
adopted through a process that involves
public participation. Consistent with
these objectives, BSEE, EPA, OSHA,
PHMSA and USCG are soliciting views
from the public regarding opportunities
to improve the efficiency and
effectiveness of safety and
environmental regulations and
standards in the oil and gas industry
while enhancing interagency
coordination. The goal of such
improvements is to further the safety of
oil and gas industry operations, while
increasing environmental and economic
benefits to society.
Types of Regulatory Models
BSEE, EPA, OSHA, PHMSA, and the
USCG are particularly interested in
stakeholder views regarding the most
effective regulatory models to address
the issues noted above. There are many
regulatory models for agencies to
consider, ranging from prescriptive
regulations and standards to more
performance-based regulations and
standards. Prescriptive models,
sometimes referred to as ‘‘command and
control’’ regulation, generally prescribe
precise requirements. Performancebased models, often referred to as
‘‘outcome-based’’ or ‘‘market-based’’
regulation, specify an outcome to be
achieved without prescribing the
specific requirements to reach that
outcome.
One popular regulatory model in the
U.S., the ‘‘management-based’’
regulation, falls somewhere on the
spectrum between prescriptive and
performance-based models. Regulators
using this model generally require the
implementation of management systems
and practices that ensure a desired
outcome. Regulations and standards
developed under this model may
specify the elements of the management
system, but do not prescribe specific
technical requirements.
BSEE, EPA, OSHA, PHMSA, and the
USCG have a mix of regulations and
standards that incorporate prescriptive
and performance-based requirements,
including some management-based
models. In addition to these regulations
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
50173
and standards, there are several
examples of regulatory models in the
U.S. and abroad that incorporate varying
degrees of performance-based
approaches that include, but are not
limited to:
• U.S. Nuclear Regulatory
Commission (NRC) regulations;
• Contra Costa County California
Industrial Safety Ordinance;
• United Kingdom, Health and Safety
Executive (HSE) Offshore Installation
(Safety Case) Regulations; and
• 2005 Norway, Petroleum Safety
Authority (PSA), Framework HSE,
Management, Technical and
Operational, Facilities and Activities
regulations.
II. Topics for Consideration
The Federal agencies sponsoring this
stakeholder meeting are exploring a
number of topics that will help inform
whether and how to further incorporate
performance-based regulatory
approaches into their current regulatory
systems. These topics include:
• The advantages and disadvantages
of performance-based, prescriptive, and
management-based regulatory
approaches;
• Whether these models could create
synergies between multiple agencies;
and
• What types of models or
combinations of models could result in
long-term economic benefits.
To elicit specific feedback on these
topics, participating agencies are
requesting comment from stakeholders
regarding the following questions:
1. What are some benefits of using a
performance-based regulatory regime to
regulate the oil and gas industry? What
are some drawbacks? In making this
evaluation, consider health, safety,
environmental, and economic impacts,
as well as implementation challenges,
cost to regulatory agencies, and longterm hazard-reduction effectiveness.
Refer to specific models and provide
data, when appropriate.
2. Could there be a balance of
performance vs. prescriptive regulations
and standards in the U.S. oil and gas
industry and, if so, what should it be?
Does this balance vary for certain types
of operations, business sizes, etc.?
3. Is there a way to advance the use
of performance-based regulations and
standards in the U.S. oil and gas
Industry? If so, what is the best way?
Consider means, cost to regulatory
agencies, cost for industry, and expected
changes in developing your response.
4. Could uniform implementation of
performance-based regulations and
standards improve efficiency and
reduce duplication in a hazardous
E:\FR\FM\20AUN1.SGM
20AUN1
50174
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
industry regulated by multiple agencies?
If so, how?
5. What are the biggest challenges to
successful implementation of
performance-based regulations in the
U.S. oil and gas industry?
6. How can risk assessment best be
used in performance-based regulations
while still ensuring adequate levels of
safety? If risk assessments are used in a
performance-based regulation, should
acceptable risk levels be established?
7. How have authorities that currently
use performance-based regulatory
models ensured effective oversight (e.g.,
use of metrics, audit programs)?
8. Are there limits to the use of
performance-based regulatory models?
For example, do performance-based
regulatory models increase or decrease
challenges for small businesses in
comparison to prescriptive models? Are
prescriptive components needed/
desirable, and if so, under what
situations?
III. Meeting Format
The meeting will include opening
remarks, presentations by the agencies
and expert speakers, time for public
comments, and closing remarks. The
agencies will discuss their areas of
jurisdiction, regulations and standards,
and efforts in the oil and gas industry.
Expert speakers will discuss the topics
for consideration and issues related to
performance-based regulations. In the
time designated for public comments,
meeting attendees will have an
opportunity to make comments that
provide the agencies with additional
information that may assist them with
their future performance-based
regulatory efforts.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
authorized the preparation of this
notice.
BILLING CODE 7555–01–P
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 4510–26–P
Notice of Permits Issued Under the
Antarctic Conservation Act of 1978
National Science Foundation.
Notice of permits issued under
the Antarctic Conservation of 1978,
Public Law 95–541.
AGENCY:
The National Science
Foundation (NSF) is required to publish
notice of permits issued under the
Antarctic Conservation Act of 1978.
This is the required notice.
FOR FURTHER INFORMATION CONTACT:
Nadene G. Kennedy, Permit Office,
Office of Polar Programs, Rm. 755,
SUMMARY:
NATIONAL SCIENCE FOUNDATION
Biological Sciences Advisory
Committee; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Jkt 226001
NATIONAL SCIENCE FOUNDATION
ACTION:
[FR Doc. 2012–20058 Filed 8–17–12; 8:45 am]
16:25 Aug 17, 2012
Dated: August 14, 2012.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2012–20289 Filed 8–17–12; 8:45 am]
Signed at Washington, DC, on August 10,
2012.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
VerDate Mar<15>2010
Foundation announces the following
meeting:
Name: Biological Sciences Advisory
Committee (#1110).
Date and Time: September 5, 2012,
8:30 a.m.–5 p.m.; September 6, 2012,
8:30 a.m.–12 p.m.
Place: National Science Foundation,
4201 Wilson Blvd., Room 1235,
Arlington, VA 22230.
All visitors must contact the
Directorate for Biological Sciences [call
703–292–8400 or send an email message
to erchiang@nsf.gov] at least 24 hours
prior to the meeting to arrange for a
visitor’s badge. All visitors must report
to the NSF visitor desk located in the
lobby at the N. 9th and N. Stuart Streets
entrance on the day of the meeting to
receive a visitor’s badge.
Type of Meeting: OPEN.
Contact Person: Chuck Liarakos,
National Science Foundation, 4201
Wilson Boulevard, Room 605,
Arlington, VA 22230 Tel No.: (703) 292–
8400.
Purpose of Meeting: The Advisory
Committee for the Directorate for
Biological Sciences provides advice,
recommendations, and oversight
concerning major program emphases,
directions, and goals for the researchrelated activities of the divisions that
make up BIO.
Agenda: Agenda items will include
the Division of Environmental Biology
Committee of Visitors report,
preliminary reports from the subcommittee on biological data and the
sub-committee on broadening
participation in the biological sciences,
and other matters relevant to the
Directorate for Biological Sciences.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
SUPPLEMENTARY INFORMATION: On June
23, 2012, the National Science
Foundation published a notice in the
Federal Register of a permit application
received. The permit was issued on
August 14, 2012 to:
Robert A. Garrott—Permit No. 2013–007.
Nadene G. Kennedy,
Permit Officer.
[FR Doc. 2012–20347 Filed 8–17–12; 8:45 am]
BILLING CODE 7555–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Revision of Information Collection:
Combined Federal Campaign;
Applications
U.S. Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management intends to submit to the
Office of Management and Budget
(OMB) a request for clearance to revise
an information collection. Combined
Federal Campaign Applications, OMB
Control No. 3206–0131, which include
OPM Forms 1647 A–E, are used to
review the eligibility of national,
international, and local charitable
organizations that wish to participate in
the Combined Federal Campaign. The
proposed revisions reflect changes in
eligibility guidance from the Office of
Personnel Management. On May 15,
2012, we published a 60-day notice and
request for comments. We received no
comments.
We estimate 20,000 responses to this
information collection annually. Each
form takes approximately three hours to
complete. The annual estimated burden
is 60,000 hours.
Comments are particularly invited on:
Whether this information is necessary
for the proper performance of functions
of the Office of Personnel Management,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
and ways in which we can minimize the
burden of the collection of information
on those who are to respond, through
the appropriate use of technological
collection techniques or other forms of
information technology.
SUMMARY:
E:\FR\FM\20AUN1.SGM
20AUN1
]]>Agencies
[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Notices]
[Pages 50172-50174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20058]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0033]
Expert Forum on the Use of Performance-Based Regulatory Models in
the U.S. Oil and Gas Industry, Offshore and Onshore
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of stakeholder meeting.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, Occupational Safety and Health
Administration (OSHA); Department of Interior, Bureau of Safety and
Environmental Enforcement (BSEE); Department of Homeland Security,
United States Coast Guard (USCG); Environmental Protection Agency
(EPA); and Department of Transportation, Pipeline and Hazardous
Materials Safety Administration (PHMSA) invite interested parties to
participate in a co-sponsored stakeholder meeting, and submit comments
on the use and implementation of performance-based regulatory models
for enhanced safety and environmental performance in the United States
oil and gas industry. The meeting will take place at the College of the
Mainland, and hosted by the Gulf Coast Safety Institute. Speakers will
address the current regulatory landscape and discuss the challenges and
benefits of non-prescriptive, outcome-based approaches to reduce the
frequency and severity of harmful events. Public attendees will have
the opportunity to make comments at the meeting, and all members of the
public may submit comments in writing. The purpose of the meeting is to
gather information from experts and stakeholders to help inform the
consideration of future applications of performance-based regulatory
approaches in the oil and gas sector. The agencies involved are
soliciting input on potential concepts and options, and are not
proposing specific changes to existing regulations at this time.
DATES: The stakeholder meeting will be held on September 20-21, 2012.
The meeting will run from 9 a.m. to 4 p.m., CDT on September 20, and 9
a.m. to 1 p.m., CDT on September 21. The agencies will post a more
detailed agenda for the meeting on the registration Web site (see
Registration section).
ADDRESSES: The meeting will take place at College of the Mainland,
Learning Resource Center, Room 131, 1200 Amburn Road, Texas City, Texas
77511. On-site parking will be available.
Registration: The deadline for registration to attend the meeting
is September 5, 2012. Please register online at https://primis.phmsa.dot.gov/meetings/mtghome.mtg?mtg=79. Registrations will be
available for 150 public seats. The meeting also will be webcast live
for online viewing. Instructions and information for the webcast, a
detailed meeting agenda, and additional information will be available
on the registration Web site.
Public Comment: You are invited to submit comments that address the
topics for consideration listed in Section II of this notice. The
docket will remain open until October 22, 2012. You may submit comments
and additional materials electronically, or by facsimile (fax) or hard
copy.
Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov. Follow the instructions
on-line for making electronic submissions.
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, or messenger or courier service:
You may submit comments and attachments to the OSHA Docket Office,
Docket No. 2012-0033, U.S. Department of Labor, Room N-2625, 200
Constitution Avenue NW., Washington, DC 20210. The Docket Office will
accept deliveries (hand, express mail, or messenger or courier service)
during the Department of Labor's and Docket Office's normal business
hours, 8:15 a.m. to 4:45 p.m., EST.
Instructions: All submissions must identify the Agency name and the
OSHA docket number for this meeting (OSHA Docket No. 2012-0033). You
may supplement electronic submissions by uploading document attachments
and files electronically. If, instead, you wish to mail additional
materials in reference to an electronic or fax submission, you must
submit a copy to the OSHA Docket Office. The additional materials must
clearly identify your electronic submissions by name, date, and docket
number so OSHA can attach them to your submissions.
Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. For
information about security procedures concerning the delivery of
materials by hand delivery, express mail, or messenger or courier
service, please contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627).
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr.
Frank Meilinger, Director, OSHA Office of Communications, Room N-3647,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210; telephone: (202) 693-1999; e-mail: meilinger.francis2@dol.gov.
For general and technical information about the meeting:
Ms. Lisa Long, Director, Office of Engineering Safety, OSHA,
Directorate of Standards and Guidance, Room N-3609, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-2222; e-mail: long.lisa@dol.gov.
For copies of this Federal Register notice: Electronic
copies of this Federal Register document are available at
[[Page 50173]]
https://www.regulations.gov. This document, as well as news releases and
other relevant information, also are available at OSHA's Webpage at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Multiple agencies share Federal health, safety, and environmental
regulation of the U.S. oil and gas industry, from drilling to refining,
both onshore and offshore. The oil and gas industry engages in
operations that include, but are not limited to, exploration, drilling,
completion, servicing, production, transportation, and refining. While
the technical aspects of these operations can vary greatly, many
hazards to both employees and the general public are similar. However,
regulatory requirements between the various agencies often differ, and
the agency that has jurisdiction over an operation can vary by either
type of operation or location; in some cases, jurisdiction may overlap.
For instance, BSEE, USCG, and the EPA regulate drilling and production
activities offshore, PHMSA regulates hazardous material transportation
both onshore and offshore, and OSHA has standards regulating safety and
health in workplaces that include oil and gas drilling, production, and
refining. Currently, Federal agencies involved in the regulation of the
oil and gas sector employ regulatory regimes that have some elements of
both prescriptive and performance-based approaches; the agencies are
continually evaluating how to improve the effectiveness of these
regulations and standards.
On January 18, 2011, President Obama issued Executive Order 13563,
which called for improvements in the nation's regulatory system to
promote predictability and reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. Specifically, the Executive Order requests that agencies review
existing and proposed standards and regulations to ensure they
effectively protect ``public health, welfare, safety, and our
environment while promoting economic growth, innovation,
competitiveness, and job creation.'' The Executive Order also sets
forth agency requirements for promulgating regulations and standards,
including provisions addressing public participation, integration and
innovation, flexible approaches, and retrospective analysis of existing
rules. With respect to retrospective analysis, the Executive Order
states:
To facilitate the periodic review of existing significant
regulations, agencies shall consider how best to promote
retrospective analysis of rules that may be outmoded, ineffective,
insufficient, or excessively burdensome, and to modify, streamline,
expand, or repeal them in accordance with what has been learned.
The Executive Order emphasizes that, to the extent feasible,
regulations and standards should: specify performance objectives rather
than specifying the behavior or manner of compliance that regulated
entities must adopt; and be adopted through a process that involves
public participation. Consistent with these objectives, BSEE, EPA,
OSHA, PHMSA and USCG are soliciting views from the public regarding
opportunities to improve the efficiency and effectiveness of safety and
environmental regulations and standards in the oil and gas industry
while enhancing interagency coordination. The goal of such improvements
is to further the safety of oil and gas industry operations, while
increasing environmental and economic benefits to society.
Types of Regulatory Models
BSEE, EPA, OSHA, PHMSA, and the USCG are particularly interested in
stakeholder views regarding the most effective regulatory models to
address the issues noted above. There are many regulatory models for
agencies to consider, ranging from prescriptive regulations and
standards to more performance-based regulations and standards.
Prescriptive models, sometimes referred to as ``command and control''
regulation, generally prescribe precise requirements. Performance-based
models, often referred to as ``outcome-based'' or ``market-based''
regulation, specify an outcome to be achieved without prescribing the
specific requirements to reach that outcome.
One popular regulatory model in the U.S., the ``management-based''
regulation, falls somewhere on the spectrum between prescriptive and
performance-based models. Regulators using this model generally require
the implementation of management systems and practices that ensure a
desired outcome. Regulations and standards developed under this model
may specify the elements of the management system, but do not prescribe
specific technical requirements.
BSEE, EPA, OSHA, PHMSA, and the USCG have a mix of regulations and
standards that incorporate prescriptive and performance-based
requirements, including some management-based models. In addition to
these regulations and standards, there are several examples of
regulatory models in the U.S. and abroad that incorporate varying
degrees of performance-based approaches that include, but are not
limited to:
U.S. Nuclear Regulatory Commission (NRC) regulations;
Contra Costa County California Industrial Safety
Ordinance;
United Kingdom, Health and Safety Executive (HSE) Offshore
Installation (Safety Case) Regulations; and
2005 Norway, Petroleum Safety Authority (PSA), Framework
HSE, Management, Technical and Operational, Facilities and Activities
regulations.
II. Topics for Consideration
The Federal agencies sponsoring this stakeholder meeting are
exploring a number of topics that will help inform whether and how to
further incorporate performance-based regulatory approaches into their
current regulatory systems. These topics include:
The advantages and disadvantages of performance-based,
prescriptive, and management-based regulatory approaches;
Whether these models could create synergies between
multiple agencies; and
What types of models or combinations of models could
result in long-term economic benefits.
To elicit specific feedback on these topics, participating agencies
are requesting comment from stakeholders regarding the following
questions:
1. What are some benefits of using a performance-based regulatory
regime to regulate the oil and gas industry? What are some drawbacks?
In making this evaluation, consider health, safety, environmental, and
economic impacts, as well as implementation challenges, cost to
regulatory agencies, and long-term hazard-reduction effectiveness.
Refer to specific models and provide data, when appropriate.
2. Could there be a balance of performance vs. prescriptive
regulations and standards in the U.S. oil and gas industry and, if so,
what should it be? Does this balance vary for certain types of
operations, business sizes, etc.?
3. Is there a way to advance the use of performance-based
regulations and standards in the U.S. oil and gas Industry? If so, what
is the best way? Consider means, cost to regulatory agencies, cost for
industry, and expected changes in developing your response.
4. Could uniform implementation of performance-based regulations
and standards improve efficiency and reduce duplication in a hazardous
[[Page 50174]]
industry regulated by multiple agencies? If so, how?
5. What are the biggest challenges to successful implementation of
performance-based regulations in the U.S. oil and gas industry?
6. How can risk assessment best be used in performance-based
regulations while still ensuring adequate levels of safety? If risk
assessments are used in a performance-based regulation, should
acceptable risk levels be established?
7. How have authorities that currently use performance-based
regulatory models ensured effective oversight (e.g., use of metrics,
audit programs)?
8. Are there limits to the use of performance-based regulatory
models? For example, do performance-based regulatory models increase or
decrease challenges for small businesses in comparison to prescriptive
models? Are prescriptive components needed/desirable, and if so, under
what situations?
III. Meeting Format
The meeting will include opening remarks, presentations by the
agencies and expert speakers, time for public comments, and closing
remarks. The agencies will discuss their areas of jurisdiction,
regulations and standards, and efforts in the oil and gas industry.
Expert speakers will discuss the topics for consideration and issues
related to performance-based regulations. In the time designated for
public comments, meeting attendees will have an opportunity to make
comments that provide the agencies with additional information that may
assist them with their future performance-based regulatory efforts.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice.
Signed at Washington, DC, on August 10, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-20058 Filed 8-17-12; 8:45 am]
BILLING CODE 4510-26-P
