Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Technical Corrections, 36145-36154 [2016-12487]

Download as PDF Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations administers the AIP and PFC programs, as well as several associated programs and requirements. IV. FAA Policy on Disputed Changes to Airport Sponsorship or Operations The determination of whether to seek a new applicant for airport sponsorship is a state or local decision. The FAA expects that all disputes about whether to change airport sponsorship and/or operating authority will be resolved through a legally-binding agreement between the parties involved in the dispute or a final, non-reviewable legal decision. While parties should seek technical assistance from the FAA as early as practicable, parties are encouraged to wait until a dispute has been resolved before submitting an application to the FAA seeking the agency’s approval of a change in sponsorship of, and/or operational responsibility for, an airport. In matters in which a proposed change is contested by a current sponsor or operator, the FAA will not act on a part 139 application or a change of airport sponsorship and/or operating authority until the dispute is definitively resolved to the satisfaction of the FAA. Resolution may be demonstrated by issuance of a final, non-reviewable judicial decision requiring such a change, by the issuance of a consent letter between the existing airport sponsor and/or operator and the proposed new sponsor and/or operator, or by other legally definitive means deemed acceptable to the FAA. The FAA will accept an application for a change in airport sponsorship/ operation only upon a legally definitive resolution of a dispute. At that time, the FAA will evaluate whether an application is complete and whether the proposed airport sponsor/operator is capable of assuming all grant assurances, safety compliance, and other Federal obligations, and has the expertise to operate the airport as required by law. V. Reimbursement of Airport Investments In circumstances in which a change in sponsorship or operation of an airport is approved and effectuated, the new airport sponsor and/or operator should reimburse the prior sponsor for investments that have been made by the prior sponsor of the airport but have not been fully recouped at the time of the change in airport sponsorship. Any such reimbursements must be consistent with the FAA’s Policy and Procedures Concerning the Use of Airport Revenue, 64 FR 7696 (Feb. 16, 1999). Issued in Washington, DC, on May 25, 2016. Eduardo A. Angeles, Associate Administrator for Airports. [FR Doc. 2016–13177 Filed 6–1–16; 11:15 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 [Docket ID: BSEE–2016–0006; EEEE500000 16XE1700DX EX1SF0000.DAQ000] RIN 1014–AA15 Oil and Gas and Sulphur Operations in the Outer Continental Shelf—Technical Corrections Bureau of Safety and Environmental Enforcement (BSEE), Interior. ACTION: Final rule. AGENCY: This rule makes minor edits, changes, and updates to BSEE regulations. These changes include, but are not limited to: correcting all current SUMMARY: 36145 Office of Management and Budget (OMB) control numbers from ‘‘1010’’ to ‘‘1014’’; adding two new control numbers to regulations as required by the Paperwork Reduction Act (PRA); changing the BSEE address from ‘‘Herndon, VA’’ to ‘‘Sterling, VA’’; changing ‘‘shall’’ to ‘‘will’’ or ‘‘must’’ and changing ‘‘which’’ to ‘‘that’’; and revising other language where necessary for improved clarity. DATES: This rule becomes effective on July 28, 2016. FOR FURTHER INFORMATION CONTACT: Amy White, Regulations and Standards Branch at (703) 787–1665 or email at regs@bsee.gov. SUPPLEMENTARY INFORMATION: Background The technical corrections in this rulemaking affect offshore operators, lessees, pipeline right-of-way holders, and permittees. The corrections are necessary to reflect accurate regulatory citations, add or change a few words for clarification, and revise section numbering. Also, regulatory text that was inadvertently removed in a 2013 regulatory update is being re-inserted where it belongs. These corrections will make the regulations easier to read, understand, and comprehend, but will not change the purpose, scope or effect of the regulations. Because this rule makes no substantive change in any rule or requirement, BSEE for good cause finds that notice and public comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). This rulemaking will correct regulations in 30 CFR parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 to reflect the changes discussed below. The following table shows the current regulatory citation and what changes were made. Section-by-Section Discussion Current citation Description of revision 30 CFR part 203 ............................. Revises the authority citation for Part 203 from ‘‘43 U.S.C. 1331 et seq.’’ to ‘‘43 U.S.C. 1334’’. Revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’. Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments of royalty relief fees. Corrects the OMB Control Number from ‘‘1010–0071’’ to ‘‘1014–0005’’. Revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’. Adds the word ‘‘part’’ before ‘‘250’’ in paragraphs (b)(1) through (b)(18) in the table of general references for these regulations. Adds new paragraph (b)(19) to the table of general references for these regulations, to include ‘‘Safety and Environmental Management Systems (SEMS), 30 CFR part 250, subpart S’’. Adds the cross reference ‘‘(as incorporated by referenced in § 250.198)’’ after the phrase ‘‘Division 2’’. Adds ‘‘Gas Storage or Injection’’ as an undesignated center heading to assist the reader with the regulatory text that follows. Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments, adds the words ‘‘or permit,’’ and makes structural changes so that all text is contained in subsections (a) and (b). § 203.3(b) ........................................ mstockstill on DSK3G9T082PROD with RULES § 203.5(a) ........................................ 30 CFR part 250 ............................. § 250.102(b) .................................... § 250.102(b) .................................... § 250.114(a) .................................... Undesignated Center Heading before § 250.118. § 250.126 ......................................... VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1 36146 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations Current citation Description of revision § 250.193(e)(2)(i)(C) ........................ Corrects a previous rulemaking published April 5, 2013 (78 FR 20423), which inadvertently used as BSEE’s address ‘‘Herndon, VA’’ when it should have read ‘‘Washington, DC’’. Updates these sections to reflect current phone numbers, URLs, and addresses of where the public can obtain standards and other documents incorporated by reference. In the introductory paragraph, corrects ‘‘air take’’ to read ‘‘air intake’’. Removes an already-past deadline date for diesel engine air intake shut down equipment and rewrites the section in active voice. Corrects punctuation by adding missing commas. Removes an already-past deadline date for traveling-block safety devices and rewrites the section in active voice. Clarifies that site-specific information in approved plans may be relied upon to support permit issuance only when the approved plan covers ‘‘that’’ particular ‘‘well location and conditions’’ included in the APD. Provides references to § 250.198 in instances where documents are incorporated by reference. The effect of incorporating a document into the regulations is to make the incorporated document a requirement. Revises ‘‘MS–4020’’ to read ‘‘VAE–OORP’’ and revises BSEE’s ‘‘Herndon, VA’’ address to read ‘‘Sterling, VA’’. Adds the cross reference ‘‘(as incorporated by reference in § 250.198)’’. Corrects the split rulemaking (76 FR 64462, October 18, 2011), which inadvertently used ‘‘≤’’ when it should have used ‘‘>’’. Corrects the word ‘‘maximum’’ to read ‘‘minimum’’. Consistent with the title of the section, ‘‘What are the minimum structural fatigue design requirements’’, and the final rulemaking notice of December 27, 2001 (66 FR 66851), the intent of this paragraph (originally in the 2001 rule as § 250.913) was always ‘‘minimum’’. Use of ‘‘minimum’’ is also in keeping with the statements in § 250.908(a)(2) and (a)(3). Also amends the word ‘‘analysis’’ to read ‘‘fatigue analysis.’’ Revises ‘‘operational loading, or inadequate deck height your platform’’ to read ‘‘operational loading, inadequate deck height, or’’. Removes obsolete dates from § 250.1000(c)(3)(i) and (iv); provides in § 250.1000(c)(4), (c)(12)(ii), (c)(13)(i), and (c)(13)(ii) a general reference to the ‘‘appropriate Department of Transportation (DOT) pipeline official’’ with responsibility for transfer points instead of referring to a specific DOT office, since that office title has changed several times since the rule was originally published. Rewords for further clarity. Removes an already past date. An emergency rulemaking (70 FR 61893, October 27, 2005) was codified as a result of Hurricane Katrina and filing fees were suspended until January 3, 2006. Clarifies that approval for enhanced recovery operations will be handled by BSEE and the Bureau of Ocean Energy Management (BOEM). BSEE is responsible for approving enhanced recovery, but under the current regulations, the proposed enhanced recovery request must be accompanied by submission of Form BOEM–0127. The amended language clarifies that the applicant would submit the form to BOEM. To avoid any confusion, revises this section by correcting the agency name to read ‘‘BSEE’’ and by changing the phrase ‘‘joint development and production plan’’ to ‘‘Competitive Reservoir Development Program.’’ Competitive Reservoir Development Programs will continue to be submitted to BSEE (not BOEM), as was the original intent. As a result of the reorganization of BOEM and BSEE (76 FR 64570), BSEE regulations at § 250.1302(a) and (d) were inadvertently changed to refer to ‘BOEM,’ evidently because the phrase ‘joint development and production plan’ was confused with the similarly named development and production plan (DPP) that would be submitted to BOEM. The ‘joint development and production plan’ is not a DPP nor is it related in any way.1 Removes and reserves this section, since the headings of all the sections are already listed in the Table of Contents. Revises §§ 250.1455(b)(2) and 250.1463(b)(2) by changing the cross references from ‘‘§§ 250.1490 through 250.1497’’ to ‘‘30 CFR part 550, Subpart N.’’ These changes are necessary because the 30 CFR part 250 sections currently referenced do not apply and are being removed through this rulemaking. Removes §§ 250.1490 through 250.1497 and the two undesignated center headings, ‘‘Bonding Requirements’’, and ‘‘Financial Solvency Requirements.’’ These former Minerals Management Service provisions do not apply to BSEE. These sections are instead contained in BOEM’s regulations at §§ 550.1490 through 550.1497. Corrects ‘‘timelapse’’ to read ‘‘time lapse’’. Corrects portions of the SEMS final rule published April 5, 2013 (78 FR 20423), which amended the original 2010 SEMS rule (75 FR 63610). Corrects the 2013 amendments to paragraph (b)(5), which inadvertently made that paragraph confusing, to reflect BSEE’s original intent. Also reinserts paragraph (e), which was included in § 250.1920 in the 2010 final SEMS rule but which was inadvertently removed in the 2013 amendments to the 2010 rule (see 78 FR 20423, 20442). This insertion remedies that inadvertent removal. Corrects the OMB Control Number from ‘‘1010–0141’’ to ‘‘1014–0025’’, and changes the information collection title to the title that is submitted to OMB. Corrects ‘‘oilspill’’ to read ‘‘oil spill’’. In various places, throughout this Part, replaces the words ‘‘Regional Supervisor’’ with ‘‘Chief, OSPD’’ or ‘‘Chief, Oil Spill Preparedness Division’’; also changes ‘‘plan’’ or ‘‘response plan’’ to ‘‘OSRP’’. Removes obsolete paragraph (c). Adds definitions of ‘‘Chief, OSPD’’ to mean the Chief, BSEE Oil Spill Preparedness Division or designee and of ‘‘OSRP’’ to mean an Oil Spill Response Plan. Also revises the definition of ‘‘spill management team’’ to reflect the revised acronyms. Revises this section to reflect accurate OSPD contacts and addresses. Corrects the OMB Control Number from ‘‘1010–0091’’ to ‘‘1014–0007’’ and revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’. § 250.198(d), (e), (g), (i), (j), (k), (m) § 205.405 ......................................... § 250.610 ......................................... § 250.611 ......................................... § 250.713(b) .................................... §§ 250.803(b) and 250.901(a)(24) .. § 250.806(c) .................................... § 250.901(a)(24) .............................. § 250.904 ......................................... § 250.908(a) .................................... § 250.920(b) .................................... § 250.1000(c)(3), (4), (12), and (13) §§ 250.1015(e) and 250.1018(c) ..... § 250.1165(b) .................................. § 250.1302(a), (c), (d) ..................... § 250.1401 ....................................... §§ 250.1455(b)(2) 250.1463(b)(2). and §§ 250.1490 through 250.1497 ....... § 250.1609(b) .................................. § 250.1920(b)(5), (e) ....................... § 251.15 ........................................... mstockstill on DSK3G9T082PROD with RULES § 252.2 (5) ....................................... 30 CFR part 254 ............................. § 254.2 ............................................. § 254.6 ............................................. § 254.7 ............................................. § 254.9 ............................................. VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36147 Current citation Description of revision 30 CFR part 256 ............................. Removes various ‘‘[Reserved]’’ citations as well as numerous undesignated center headings that are no longer needed and are confusing since they have no regulatory text. Adds cross references to BOEM regulations at Chapter V. Replaces the word ‘‘our’’ with the word ‘‘the’’. Inserts the words ‘‘Bureau of Ocean Energy Management’’ before ‘‘Regional Director’’ for clarity. Amends the existing paragraph by: designating it as paragraph ‘‘(a)’’; correcting the OMB control number from ‘‘1010–0081’’ to ‘‘1014–0021’’; and adding new paragraph (b) to provide the new address for submitting comments on information collections to BSEE. Corrects ‘‘overylying’’ to read ‘‘overlying’’. Adds the words ‘‘to the Bureau of Ocean Energy Management’’ for clarification; changes the word ‘‘shall’’ to either ‘‘will’’ or ‘‘must’’. Changes order of sentences for clarity. Revises ‘‘$10,000’’ to read ‘‘$40,000’’ in accordance with 43 U.S.C. 1350. Adds the word ‘‘BSEE’’ where applicable; changes ‘‘60 days’’ to ‘‘90 days’’ to be consistent with 30 CFR 250.133; changes ‘‘10 hours’’ to ‘‘12 hours’’. Revises the authority citations for Part 290 from ‘‘5 U.S.C. 301 et seq.; 43 U.S.C. 1331’’ to ‘‘5 U.S.C. 305; 43 U.S.C. 1334’’. Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments. Revises ‘‘Office of Policy Analysis’’ to read ‘‘Office of Policy and Analysis’’ throughout this section in six locations. Corrects the OMB Control Number from ‘‘1010–0172’’ to ‘‘1014–0012’’; revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’. Revises the Office of Policy and Analysis phone number from ‘‘(202)-208–3530)’’ to ‘‘(202) 208–1901)’’. Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic payments. § 256.7(j) ......................................... § 280.25(a)(2) .................................. § 280.28(a) ...................................... § 282.0 ............................................. § 282.3 ............................................. § 282.13(d), (e)(2) ........................... § 282.14(c) ...................................... § 282.27(d)(2) .................................. 30 CFR part 290 ............................. § 290.4(b)(1) .................................... 30 CFR part 291 ............................. § 291.1(a), (e) .................................. § 291.107(b)(1) ................................ § 291.108(a) .................................... 1 The ‘‘joint development and production plan’’/‘‘Competitive Reservoir Development Program’’ is a reservoir management tool used after the BSEE Regional Supervisor determines a reservoir to be a ‘‘competitive reservoir’’ that requires competing operators to operate in a manner that ensures the reserves are optimally and efficiently produced in accordance with BSEE’s conservation mandate (e.g., restricting well production rates and/or reservoir withdrawal rates, limiting the number of new wells that can be drilled). Procedural Matters mstockstill on DSK3G9T082PROD with RULES Regulatory Planning and Review (E.O.s 12866 and 13563) E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this final rule is not significant because it will not raise novel legal or policy issues. E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The Executive Order (E.O.) directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. This rulemaking is consistent with the principles of E.O. 13563. Regulatory Flexibility Act The Department of the Interior (DOI) certifies that this final rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Small Business Regulatory Enforcement Fairness Act The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 established to receive comments from small businesses about Federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency’s responsiveness to small business. If you wish to comment on the actions of BSEE, call 1–888–734–3247. You may comment to the Small Business Administration without fear of retaliation. Allegations of discrimination/retaliation filed with the Small Business Administration will be investigated for appropriate action. This final rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule: a. Will not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. The requirements will apply to all entities operating on the OCS. Unfunded Mandates Reform Act of 1995 This final rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 final rule will not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) is not required. Takings Implication Assessment (E.O. 12630) Under the criteria in E.O. 12630, this final rule does not have significant takings implications. The rulemaking is not a governmental action capable of interfering with constitutionally protected property rights. A Takings Implication Assessment is not required. Federalism (E.O. 13132) Under the criteria in E.O. 13132, this final rule does not have federalism implications. This final rule will not substantially and directly affect the relationship between the Federal and State governments. To the extent that State and local governments have a role in OCS activities, this final rule will not affect that role. A Federalism Assessment is not required. Civil Justice Reform (E.O. 12988) This final rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and E:\FR\FM\06JNR1.SGM 06JNR1 36148 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation and Coordination With Indian Tribal Governments (E.O. 13175) Under the criteria in E.O. 13175 and DOI’s Policy on Consultation with Indian Tribes (Secretarial Order 3317, Amendment 2, December 31, 2013), we evaluated this final rule and determined that it has no substantial direct effects on federally recognized Indian tribes. Paperwork Reduction Act (PRA) of 1995 This final rule does not contain new information collection requirements, and a submission under the PRA is not required. Therefore, an information collection request is not being submitted to OMB for review and approval under the PRA (44 U.S.C. 3501 et seq.). National Environmental Policy Act of 1969 List of Subjects 30 CFR Part 203 Indians—lands, Oil and gas exploration, Outer Continental Shelf, Sulphur. 30 CFR Part 250 Administrative practice and procedure, Oil and gas and sulphur exploration, Outer Continental Shelf, Reporting and recordkeeping requirements. 1. The authority citation for part 203 continues to read as follows: Freedom of information, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements, Research. Authority: 25 U.S.C. 396 et seq.; 25 U.S.C. 396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C. 181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C. 9701; 42 U.S.C. 15903–15906; 43 U.S.C. 1301 et seq.; 43 U.S.C. 1331 et seq.; 43 U.S.C. 1334.; and 43 U.S.C. 1801 et seq. 30 CFR Part 252 Freedom of information, Intergovernmental relations, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements. Data Quality Act Administrative practice and procedure, Environmental protection, Government contracts, Intergovernmental relations, Mineral royalties, Outer Continental Shelf, Penalties, Reporting and recordkeeping requirements, Surety bonds. mstockstill on DSK3G9T082PROD with RULES This final rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required. VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PART 203—RELIEF OR REDUCTION IN ROYALTY RATES ■ 30 CFR Part 254 Effects on the Nation’s Energy Supply (E.O. 13211) For the reasons stated in the preamble, the Bureau of Safety and Environmental Enforcement (BSEE) amends 30 CFR parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291 as follows: 30 CFR Part 251 This final rule does not constitute a major Federal action significantly affecting the quality of the human environment. BSEE has evaluated this rule under the criteria of the National Environmental Policy Act (NEPA) and the Department’s regulations implementing NEPA. This rule meets the criteria set forth at 43 CFR 46.210(i) for a Departmental Categorical Exclusion in that this rule is ‘‘of an administrative, financial, legal, technical, or procedural nature. . . .’’ Further, BSEE has analyzed this rule to determine if it meets any of the extraordinary circumstances that would require an environmental assessment or an environmental impact statement as set forth in 43 CFR 46.215 and has concluded that this rule does not meet any of the criteria for extraordinary circumstances. In developing this final rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106–554, app. C § 515, 114 Stat. 2763, 2763A– 153–154). Dated: May 16, 2016. Amanda C. Leiter, Acting Assistant Secretary—Land and Minerals Management. § 203.3 Intergovernmental relations, Oil and gas exploration, Oil pollution, Outer Continental Shelf, Pipelines, Reporting and recordkeeping requirements. 30 CFR Part 256 Administrative practice and procedure, Environmental protection, Government contracts, Intergovernmental relations, Oil and gas exploration, Outer Continental Shelf, Reporting and recordkeeping requirements, Surety bonds. Outer Continental Shelf, Reporting and recordkeeping requirements, Research. 30 CFR Part 282 30 CFR Part 290 30 CFR Part 291 § 203.3 Do I have to pay a fee to request royalty relief? * * * * * (b) You must file all payments electronically through the Fees for Services page on the BSEE Web site at https://www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your application or assessment. § 203.5 [Amended] 4. Amend § 203.5(a) by removing ‘‘1010–0071’’ and adding in its place ‘‘1014–0005’’. PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 5. The authority citation for part 250 is revised to read as follows: ■ Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 6. In Part 250, revise all references to‘‘381 Elden Street, Herndon, VA 20170’’ to read ‘‘45600 Woodland Road, Sterling, VA 20166’’. ■ Sfmt 4700 [Amended] 7. Amend § 250.102(b) by revising the table, to read as follows: ■ § 250.102 Administrative practice and procedure. Fmt 4700 [Amended] 3. Revise § 203.3(b) to read as follows: § 250.102 Administrative practice and procedure. Frm 00012 ■ ■ 30 CFR Part 280 PO 00000 2. In part 203, revise all references to ‘‘381 Elden Street, Herndon, VA 20170’’ to read ‘‘45600 Woodland Road, Sterling, VA 20166’’. ■ * What does this part do? * * (b) * * * E:\FR\FM\06JNR1.SGM 06JNR1 * * Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations For information about . . . Refer to . . . (1) Applications for permit to drill, ............................................................ (2) Development and Production Plans (DPP), ....................................... (3) Downhole commingling, ...................................................................... (4) Exploration Plans (EP), ....................................................................... (5) Flaring, ................................................................................................ (6) Gas measurement, ............................................................................. (7) Off-lease geological and geophysical permits, ................................... (8) Oil spill financial responsibility coverage, ........................................... (9) Oil and gas production safety systems, ............................................. (10) Oil spill response plans, .................................................................... (11) Oil and gas well-completion operations, ........................................... (12) Oil and gas well-workover operations, ............................................. (13) Decommissioning Activities, ............................................................. (14) Platforms and structures, .................................................................. (15) Pipelines and Pipeline Rights-of-Way, ............................................. (16) Sulphur operations, ........................................................................... (17) Training, ............................................................................................ (18) Unitization, ........................................................................................ (19) Safety and Environmental Management Systems (SEMS), ............. 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 § 250.114 [Amended] 8. Amend § 250.114(a) by adding, after the phrase ‘‘Division 2’’, the parenthetical phrase ‘‘(as incorporated by reference in § 250.198)’’. ■ 9. Add an undesignated center heading, before § 250.118 to read ‘‘GAS STORAGE OR INJECTION’’. ■ 10. Revise § 250.126 to read as follows: ■ § 250.126 Electronic payment instructions. (a) You must file all payments electronically through the Fees for Services page on the BSEE Web site at https://www.bsee.gov. This includes, but is not limited to, all OCS applications, permits, or any filing fees. You must include a copy of the Pay.gov confirmation receipt page with your application, permit, or filing fee. (b) If you submitted an application or permit through eWell, you must use the interactive payment feature in that system, which directs you through Pay.gov to make a payment. It is recommended that you keep a copy of your payment confirmation receipt in the event that any questions arise regarding your transaction. § 250.193 [Amended] 11. Amend § 250.193(e)(2)(i)(C) by removing ‘‘Herndon, VA’’ and adding in its place ‘‘Washington, DC’’. ■ § 250.198 [Amended] 12. Amend § 250.198, by revising paragraphs (d), (e) introductory text, (g) introductory text, (i) introductory text, (j) introductory text, (k) introductory text, and (m) introductory text to read as follows: ■ mstockstill on DSK3G9T082PROD with RULES 36149 § 250.198 Documents incorporated by reference. * * * VerDate Sep<11>2014 * * 16:21 Jun 03, 2016 Jkt 238001 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR part part part part part part part part part part part part part part part part part part part 250, 550, 250, 550, 250, 250, 551. 553. 250, 254. 250, 250, 250, 250, 250, 250, 250, 250, 250, subpart subpart subpart subpart subpart subpart subpart H. subpart subpart subpart subpart subpart subpart subpart subpart subpart (d) You may inspect these documents at the Bureau of Safety and Environmental Enforcement, 45600 Woodland Rd, Sterling, VA 20166; phone: 1–844–259–4779; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. * * * * * (e) American Concrete Institute (ACI), ACI Standards, 38800 Country Club Drive, Farmington Hills, MI 48331– 3439: https://www.concrete.org; phone: 248–848–3700: * * * * * (g) American National Standards Institute (ANSI), ANSI/ASME Codes, https://www.webstore.ansi.org; phone: 212–642–4900; and/or American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, NJ 07007–2900; https:// www.asme.org; phone: 1–800–843– 2763: * * * * * (i) American Society for Testing and Materials (ASTM), ASTM Standards, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; https://www.astm.org; phone: 1–877– 909–2786: * * * * * (j) American Welding Society (AWS), AWS Codes, 8669 NW 36 Street, #130, Miami, FL 33126; https://www.aws.org; phone: 800–443–9353: * * * * * (k) National Association of Corrosion Engineers (NACE) International, NACE Standards, Park Ten Place, Houston, TX PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 D. B. K. B. K. L. E. F. Q. I. J and 30 CFR part 550, subpart J. P. O. M. S. 77084; https://www.nace.org; phone: 281–228–6200: * * * * * (m) International Organization for Standardization (ISO), 1, ch. de la VoieCreuse, CP 56, CH–1211, Geneva 20, Switzerland; www.iso.org; phone: 41– 22–749–01–11: * * * * * § 250.405 [Amended] 13. Amend § 250.405, in the introductory text, by removing the words ‘‘air take’’ and adding in their place ‘‘air intake’’. ■ § 250.610 [Amended] 14. Revise § 250.610 to read as follows: ■ § 250.610 Diesel engine air intakes. You must equip diesel engine air intakes with a device to shut down the diesel engine in the event of runaway. Diesel engines that are continuously attended must be equipped with remotely operated, manual, or automatic shutdown devices. Diesel engines that are not continuously attended must be equipped with automatic shutdown devices. § 250.611 [Amended] 15. Revise § 250.611 to read as follows: ■ § 250.611 Traveling-block safety device. You must equip all units being used for well-workover operations that have both a traveling block and a crown block with a safety device that is designed to prevent the traveling block from striking the crown block. You must check the device for proper operation weekly and after each drill-line slipping operation. You must enter the results of the operational check in the operations log. E:\FR\FM\06JNR1.SGM 06JNR1 36150 § 250.713 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations [Amended] 16. Amend § 250.713(b) by adding after the phrase ‘‘or DOCD submitted to BOEM,’’ the phrase ‘‘for that well location and conditions,’’. ■ § 250.803 [Amended] 17. Amend § 250.803(b)(1) introductory text, by adding, after the phrase ‘‘(ASME) Boiler and Pressure Vessel Code’’, the parenthetical phrase ‘‘(as incorporated by reference in § 250.198)’’. ■ § 250.806 [Amended] 18. Amend § 250.806(c) by removing ‘‘MS–4020’’ and adding in its place ‘‘VAE–OORP’’, and by removing ‘‘381 Elden Street, Herndon, Virginia 20170– 4817’’ and adding in its place ‘‘45600 Woodland Road, Sterling, VA 20166’’. ■ § 250.901 [Amended] (4) The transfer point serves as a regulatory boundary. An operator may request that the BSEE Regional Supervisor grant an exception to this requirement for an individual facility or area. The Regional Supervisor, in consultation with the appropriate DOT pipeline official and affected parties, may grant the request. * * * * * (12) * * * (ii) The Regional Supervisor will decide, on a case-by-case basis, whether to grant the operator’s request. In considering each petition, the Regional Supervisor will consult with the appropriate DOT pipeline official. (13) * * * (i) The operator’s request must be in the form of a written petition to the appropriate DOT pipeline official and the BSEE Regional Supervisor. (ii) The BSEE Regional Supervisor and the appropriate DOT pipeline official will decide how to act on this petition. * * * * * 19. Amend § 250.901(a)(24) by adding, after the phrase ‘‘Offshore Structures Associated with Petroleum Production’’, the parenthetical phrase ‘‘(as incorporated by reference in § 250.198)’’. § 250.1015 § 250.904 ■ ■ [Amended] 20. Amend § 250.904(b) by removing ‘‘≤’’and adding in its place ‘‘>’’. § 250.1018 § 250.908 ■ ■ [Amended] 21. Amend § 250.908(a), in the table under ‘‘Then . . .’’, by removing the word ‘‘analysis’’ and adding in its place ‘‘fatigue analysis’’ in paragraph (a)(1), and by removing the word ‘‘maximum’’ wherever it appears and adding in its place ‘‘minimum’’. ■ § 250.920 22. Amend § 250.920(b) by removing ‘‘operational loading, or inadequate deck height your platform’’ and adding in its place ‘‘operational loading, inadequate deck height, or’’. ■ 23. Amend § 250.1000, paragraphs (c)(3)(i) and (iv), (c)(4), (c)(12)(ii), and (c)(13)(i) and (ii), to read as follows: § 250.1000 General requirements. * * * * * (c) * * * (3) * * * (i) Each producing operator must, if practical, durably mark all of its abovewater transfer points as of the date a pipeline begins service. * * * * * (iv) If adjoining producing and transporting operators cannot agree on a transfer point, the BSEE Regional Supervisor and the appropriate Department of Transportation (DOT) pipeline official may jointly determine the transfer point. VerDate Sep<11>2014 17:19 Jun 03, 2016 [Amended] 25. Amend § 250.1018 by removing paragraph (c). ■ 26. Amend § 250.1165 by removing the last sentence of paragraph (b) and adding two sentences in its place to read as follows: § 250.1165 What must I do for enhanced recovery operations? * [Amended] ■ mstockstill on DSK3G9T082PROD with RULES [Amended] 24. Amend § 250.1015 by removing paragraph (e). Jkt 238001 * * * * (b) * * * The proposed plan must include, for each project reservoir, a geologic and engineering overview and any additional information required by the BSEE Regional Supervisor. You also must submit Form BOEM–0127 to BOEM along with the supporting data specified in BOEM regulations, 30 CFR part 550, subpart K. * * * * * ■ 27. Amend § 250.1302 by revising the first sentence of paragraph (a), and paragraphs (c) and (d), to read as follows: § 250.1302 What if I have a competitive reservoir on a lease? (a) The Regional Supervisor may require you to conduct development and production operations in a competitive reservoir under either a joint Competitive Reservoir Development Program submitted to BSEE or a unitization agreement. * * * * * * * * PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (c) If you conduct drilling or production operations in a reservoir determined competitive by the BSEE Regional Supervisor, you and the other affected lessees must submit for approval a joint Competitive Reservoir Development Program. You must submit the joint Competitive Reservoir Development Program within 90 days after the Regional Supervisor makes a final determination that the reservoir is competitive. The joint Competitive Reservoir Development Program must provide for the development and/or production of the reservoir. You may submit supplemental Competitive Reservoir Development Programs for the Regional Supervisor’s approval. (d) If you and the other affected lessees cannot reach an agreement on a joint Competitive Reservoir Development Program, submitted to BSEE within the approved period of time, each lessee must submit a separate Competitive Reservoir Development Program to the Regional Supervisor. The Regional Supervisor will hold a hearing to resolve differences in the separate Competitive Reservoir Development Programs. If the differences in the separate programs are not resolved at the hearing and the Regional Supervisor determines that unitization is necessary under § 250.1301(b), BSEE will initiate unitization under § 250.1304. § 250.1401 [Removed and Reserved] 28. Remove and reserve § 250.1401. ■ 29. Amend § 250.1455 by revising paragraph (b)(2) to read as follows: ■ § 250.1455 Does my request for a hearing on the record affect the penalties? * * * * * (b) * * * (2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM’s regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective. * * * * * ■ 30. Amend § 250.1463 by revising paragraph (b)(2) to read as follows: § 250.1463 Does my request for a hearing on the record affect the penalties? * * * * * (b) * * * (2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM’s E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective. * * * * * ■ 31. Remove the undesignated heading, directly above § 250.1490, ‘‘BONDING REQUIREMENTS’’. §§ 250.1490 and 250.1491 [Removed] 32. Remove §§ 250.1490 and 250.1491. ■ 33. Remove the undesignated heading, directly above § 250.1495, ‘‘FINANCIAL SOLVENCY REQUIREMENTS’’. ■ §§ 250.1495, 250.1496, and 250.1497 [Removed] 34. Remove §§ 250.1495, 250.1496, and 250.1497. ■ § 250.1609 35. Amend § 250.1609(b) by removing ‘‘timelapse’’ and adding in its place ‘‘time lapse’’. ■ 36. Amend § 250.1920 by revising paragraph (b)(5) and by adding paragraph (e) to read as follows: § 250.1920 What are the auditing requirements for my SEMS program? * * * * * (b) * * * (5) Section 12.5 Audit Frequency. You must have your SEMS program audited by an ASP within 2 years after initial implementation and every 3 years thereafter. The 3-year auditing cycle begins on the start date of each comprehensive audit (including the initial implementation audit) and ends on the start date of your next comprehensive audit. * * * * * (e) BSEE may verify that you undertook the corrective actions and that these actions effectively address the audit findings. PART 251—GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF 37. The authority citation for part 251 continues to read as follows: ■ Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. mstockstill on DSK3G9T082PROD with RULES ■ [Amended] 38. Revise § 251.15 to read as follows: § 251.15 Authority for information collection. The Office of Management and Budget has approved the information collection requirements in this part under 44 U.S.C. 3501 et seq. and assigned OMB control number 1014–0025 as it pertains VerDate Sep<11>2014 16:21 Jun 03, 2016 PART 252—OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM 39. The authority citation for part 252 continues to read as follows: ■ Authority: OCS Lands Act, 43 U.S.C. 1331 et seq., as amended, 92 Stat. 629; Freedom of Information Act, 5 U.S.C. 552; § 252.3 also issued under Pub. L. 99–190 making continuing appropriations for Fiscal Year 1986, and for other purposes. § 252.2 [Amended] ■ § 251.15 to Application for Permit to Drill (APD, Form BSEE–0123), and Supplemental APD Information Sheet (Form BSEE– 0123S). The title of this information collection is ‘‘30 CFR Part 250, Application for Permit to Drill (APD, Revised APD) Supplemental APD Information Sheet, and all supporting documents.’’ Jkt 238001 [Amended] 40. Amend § 252.2, in paragraph (5) of the definition of Affected State, by removing ‘‘oilspill’’ and adding in its place ‘‘oil spill’’. ■ PART 254—OIL–SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED SEAWARD OF THE COAST LINE 41. The authority citation for part 254 continues to read as follows: ■ Authority: 33 U.S.C. 1321. § 254.1 [Amended] 42. Amend § 254.1 by revising the section heading and paragraphs (a), (b), (d), and (e) to read as follows: ■ § 254.1 Who must submit an oil spill response plan (OSRP)? (a) If you are the owner or operator of an oil handling, storage, or transportation facility, and it is located seaward of the coast line, you must submit an oil spill response plan (OSRP) to BSEE for approval. Your OSRP must demonstrate that you can respond quickly and effectively whenever oil is discharged from your facility. Refer to § 254.6 for the definitions of oil, facility, and coast line if you have any doubts about whether to submit a plan. (b) You must maintain a current OSRP for an abandoned facility until you physically remove or dismantle the facility or until the Chief, Oil Spill Preparedness Division (OSPD) notifies you in writing that a plan is no longer required. * * * * * (d) If you are in doubt as to whether you must submit a plan for an offshore facility or pipeline, you should check with the Chief, OSPD. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 36151 (e) If your facility is located landward of the coast line, but you believe your facility is sufficiently similar to OCS facilities that it should be regulated by BSEE, you may contact the Chief, OSPD, offer to accept BSEE jurisdiction over your facility, and request that BSEE seek from the agency with jurisdiction over your facility a relinquishment of that jurisdiction. ■ 43. Revise § 254.2 to read as follows: § 254.2 When must I submit an OSRP? (a) You must submit, and BSEE must approve, an OSRP that covers each facility located seaward of the coast line before you may use that facility. To continue operations, you must operate the facility in compliance with the OSRP. (b) Despite the provisions of paragraph (a) of this section, you may operate your facility after you submit your OSRP while BSEE reviews it for approval. To operate a facility without an approved OSRP, you must certify in writing to the Chief, OSPD that you have the capability to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. The certification must show that you have ensured by contract, or other means approved by the Chief, OSPD, the availability of private personnel and equipment necessary to respond to the discharge. Verification from the organization(s) providing the personnel and equipment must accompany the certification. BSEE will not allow you to operate a facility for more than 2 years without an approved OSRP. ■ 44. Revise § 254.3 to read as follows: § 254.3 May I cover more than one facility in my OSRP? (a) Your OSRP may be for a single lease or facility or a group of leases or facilities. All the leases or facilities in your plan must have the same owner or operator (including affiliates) and must be located in the same BSEE Region (see definition of Regional OSRP in § 254.6). (b) Regional OSRPs must address all the elements required for an OSRP in subpart B, or subpart D of this part, as appropriate. (c) When developing a Regional OSRP, you may group leases or facilities subject to the approval of the Chief, OSPD, for the purposes of: (1) Calculating response times; (2) Determining quantities of response equipment; (3) Conducting oil-spill trajectory analyses; (4) Determining worst case discharge scenarios; and E:\FR\FM\06JNR1.SGM 06JNR1 36152 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations (5) Identifying areas of special economic and environmental importance that may be impacted and the strategies for their protection. (d) The Chief, OSPD, may specify how to address the elements of a Regional OSRP. The Chief, OSPD, also may require that Regional OSRPs contain additional information if necessary for compliance with appropriate laws and regulations. ■ 45. Revise § 254.4 to read as follows: § 254.4 May I reference other documents in my OSRP? You may reference information contained in other readily accessible documents in your OSRP. Examples of documents that you may reference are the National Contingency Plan (NCP), Area Contingency Plan (ACP), BSEE or BOEM environmental documents, and Oil Spill Removal Organization (OSRO) documents that are readily accessible to the Chief, OSPD. You must ensure that the Chief, OSPD, possesses or is provided with copies of all OSRO documents you reference. You should contact the Chief, OSPD, if you want to know whether a reference is acceptable. ■ 46. Amend § 254.5 by revising paragraphs (a), (b), and (d) to read as follows: mstockstill on DSK3G9T082PROD with RULES § 254.5 General OSRP requirements. (a) The OSRP must provide for response to an oil spill from the facility. You must immediately carry out the provisions of the OSRP whenever there is a release of oil from the facility. You must also carry out the training, equipment testing, and periodic drills described in the OSRP, and these measures must be sufficient to ensure the safety of the facility and to mitigate or prevent a discharge or a substantial threat of a discharge. (b) The OSRP must be consistent with the National Contingency Plan and the appropriate Area Contingency Plan(s). * * * * * (d) In addition to the requirements listed in this part, you must provide any other information the Chief, OSPD, requires for compliance with appropriate laws and regulations. ■ 47. Amend § 254.6 by adding in alphabetical order the definitions for ‘‘Chief, OSPD’’ and ‘‘OSRP’’, and by revising the definition of ‘‘Spill management team’’, to read as follows: § 254.6 Definitions. * * * * * Chief, OSPD means the Chief, BSEE Oil Spill Preparedness Division or designee. * * * * * VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 OSRP means an Oil Spill Response Plan. * * * * * Spill management team means the trained persons identified in an OSRP who staff the organizational structure to manage spill response. * * * * * ■ 48. Revise § 254.7 to read as follows: § 254.7 How do I submit my OSRP to the BSEE? You must submit the number of copies of your OSRP that the appropriate BSEE regional office requires. If you prefer to use improved information technology such as electronic filing to submit your plan, ask the Chief, OSPD, for further guidance. (a) Send OSRPs for facilities located seaward of the coast line of Alaska to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 3801 Centerpoint Drive, Suite #500, Anchorage, AK 99503–5823. (b) Send OSRPs for facilities in the Gulf of Mexico or Atlantic Ocean to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: GOM Section Supervisor, 1201 Elmwood Park Boulevard, New Orleans, LA 70123– 2394. (c) Send OSRPs for facilities in the Pacific Ocean (except seaward of the coast line of Alaska) to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 760 Paseo Camarillo, Suite 201, Camarillo, CA 93010–6002. § 254.9 [Amended] 49. Amend § 254.9 in paragraph (a), by removing ‘‘1010–0091’’ and adding in its place ‘‘1014–0007’’ and in paragraph (d), by removing ‘‘381 Elden Street, Herndon, VA 20170’’ and adding in its place ‘‘45600 Woodland Road, Sterling, VA 20166’’. ■ § 254.20 [Amended] 50. Amend § 254.20 by removing ‘‘spill-response plans’’ and adding in its place ‘‘OSRPs’’. ■ 51. Amend 254.21 by revising the section heading and paragraphs (a), (b) introductory text, and (b)(1) to read as follows: ■ § 254.21 How must I format my OSRP? (a) You must divide your OSRP for OCS facilities into the sections specified in paragraph (b) of this section and explained in the other sections of this subpart. The OSRP must have an easily found marker identifying each section. You may use an alternate format if you PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 include a cross reference table to identify the location of required sections. You may use alternate contents if you can demonstrate to the Chief, OSPD that they provide for equal or greater levels of preparedness. (b) Your OSRP must include: (1) Introduction and OSRP contents. * * * * * § 254.22 [Amended] 52. Amend § 254.22, in the section heading, introductory text, and paragraphs (a), (c), and (d), by removing ‘‘plan’’ and adding in its place ‘‘OSRP’’. ■ § 254.23 [Amended] 53. Amend § 254.23, in the introductory text, by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’. ■ § 254.25 [Amended] 54. Amend § 254.25, in the first sentence, by removing ‘‘plan’’ and adding in its place ‘‘OSRP’’. ■ 55. Revise § 254.30 to read as follows: ■ § 254.30 When must I revise my OSRP? (a) You must review your OSRP at least every 2 years and submit all resulting modifications to the Chief, OSPD. If this review does not result in modifications, you must inform the Chief, OSPD, in writing that there are no changes. (b) You must submit revisions to your OSRP for approval within 15 days whenever: (1) A change occurs which significantly reduces your response capabilities; (2) A significant change occurs in the worst case discharge scenario or in the type of oil being handled, stored, or transported at the facility; (3) There is a change in the name(s) or capabilities of the oil spill removal organizations cited in the OSRP; or (4) There is a significant change to the Area Contingency Plan(s). (c) The Chief, OSPD, may require that you resubmit your OSRP if the OSRP has become outdated or if numerous revisions have made its use difficult. (d) The Chief, OSPD, will periodically review the equipment inventories of OSRO’s to ensure that sufficient spill removal equipment is available to meet the cumulative needs of the owners and operators who cite these organizations in their OSRPs. (e) The Chief, OSPD, may require you to revise your OSRP if significant inadequacies are indicated by: (1) Periodic reviews (described in paragraph (d) of this section); (2) Information obtained during drills or actual spill responses; or E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations § 254.47 (3) Other relevant information the Chief, OSPD, obtained. § 254.41 [Amended] 62. Amend § 254.47(d) by removing ‘‘Regional Supervisor’’ and adding in its place ‘‘Chief, OSPD,’’. ■ [Amended] 56. Amend § 254.41(d) by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’. ■ 57. Amend § 254.42 as follows: ■ a. Revise paragraphs (a), (b)(2), and (e). ■ b. Amend paragraphs (f) and (h), by removing ‘‘Regional Supervisor’’ and adding in its place ‘‘Chief, OSPD,’’ and amend paragraph (i) by removing ‘‘Regional Supervisor’’ and adding in its place ‘‘Chief, OSPD.’’. 36153 §§ 256.62 through 256.68, § 256.76, and § 256.80 [Removed] 73. Remove reserved §§ 256.62 through 256.68, § 256.76, and § 256.80. ■ ■ § 254.42 Exercises for your response personnel and equipment. (a) You must exercise your entire OSRP at least once every 3 years (triennial exercise). You may satisfy this requirement by conducting separate exercises for individual parts of the OSRP over the 3-year period; you do not have to exercise your entire OSRP at one time. (b) * * * (2) An annual deployment exercise of response equipment identified in your OSRP that is staged at onshore locations. You must deploy and operate each type of equipment in each triennial period. However, it is not necessary to deploy and operate each individual piece of equipment. * * * * * (e) All records of spill-response exercises must be maintained for the complete 3-year exercise cycle. Records should be maintained at the facility or at a corporate location designated in the OSRP. Records showing that OSROs and oil spill removal cooperatives have deployed each type of equipment also must be maintained for the 3-year cycle. * * * * * § 254.43 [Amended] [Amended] [Amended] Subparts M and N [Removed] 63. Amend § 254.51, in the section heading by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’, and in the text by removing ‘‘this plan’’ and adding in its place ‘‘this OSRP’’. ■ § 254.52 [Amended] 64. Amend § 254.52, in the section heading by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’, and in the text by removing ‘‘plan’’ and adding in its place ‘‘OSRP’’. ■ § 254.53 65. Amend § 254.53, in the section heading by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’, and in paragraph (a) introductory text by removing ‘‘plan’’ and adding in its place ‘‘OSRP’’. § 254.54 [Amended] 66. Amend § 254.54, by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’ and by removing ‘‘Regional Supervisor’’ and adding in its place ‘‘Chief, OSPD,’’. ■ PART 256—LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER CONTINENTAL SHELF Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1334, Pub. L. 109–432. § 256.0 and §§ 256.2 through 256.5 [Removed] 68. Remove reserved § 256.0 and reserved §§ 256.2 through 256.5. ■ 69. Amend § 256.7 by adding paragraph (j) to read as follows: ■ Cross references. * * * * * (j) For Bureau of Ocean Energy Management (BOEM) regulations, see 30 CFR chapter V. §§ 256.8 through 256.12 § 254.45 Subparts B Through I [Removed] mstockstill on DSK3G9T082PROD with RULES [Amended] 60. Amend § 254.45(a) by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’. ■ § 254.46 [Amended] 61. Amend § 254.46(b)(2) by removing ‘‘Regional Supervisor’’ and adding in its place ‘‘Chief, OSPD’’. ■ VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PART 280—PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF 75. The authority citation for part 280 continues to read as follows: ■ Authority: 43 U.S.C. 1334. [Amended] 76. Amend § 280.25, paragraph (a)(2), by removing the word ‘‘our’’ and adding in its place ‘‘the’’. ■ § 280.28 [Amended] 77. Amend § 280.28, paragraph (a), by adding ‘‘Bureau of Ocean Energy Management’’ before ‘‘Regional Director’’. ■ PART 282—OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR 78. The authority citation for part 282 continues to read as follows: ■ Authority: 43 U.S.C. 1334. 67. The authority citation for part 256 continues to read as follows: ■ 59. Amend § 254.44(a) by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’. ■ 74. Remove reserved subparts M and N. ■ § 280.25 [Amended] ■ § 256.7 58. Amend § 254.43(a) by removing ‘‘response plan’’ and adding in its place ‘‘OSRP’’. ■ § 254.44 § 254.51 [Removed] 70. Remove reserved §§ 256.8 through 256.12. ■ 71. Remove reserved subparts B Through I. ■ Subparts J Through L [Redesignated as Subparts B through D] 72. Redesignate subparts J through L as subparts B through D respectively. ■ PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 79. Amend § 282.0 by designating the existing paragraph as paragraph (a), by removing in that paragraph the number ‘‘1010–0081’’ and adding in its place ‘‘1014–0021’’, and by adding new paragraph (b) to read as follows: ■ § 282.0 Authority for information collection. * * * * * (b) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to: Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166. § 282.3 [Amended] 80. Amend § 282.3, in the definition of Geological sample, by removing ‘‘overylying’’ and adding in its place ‘‘overlying’’. ■ 81. Amend § 282.13 by revising paragraphs (d) and (e)(2) to read as follows: ■ § 282.13 Suspension of production or other operations. * E:\FR\FM\06JNR1.SGM * * 06JNR1 * * 36154 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations (d) The Director may, at any time within the period prescribed for a suspension or temporary prohibition issued pursuant to paragraph (b)(2) of this section, require the lessee to submit a Delineation, Testing, or Mining Plan to the Bureau of Ocean Energy Management for approval in accordance with the requirements for the approval of such plans in part 582 of this title. (e) * * * (2) When the Director determines that measures are necessary, on the basis of the results of the studies conducted in accordance with paragraph (e)(1) of this section and other information available to and identified by the Director, the lessee will be required to take appropriate measures to mitigate, avoid, or minimize the damage or potential damage on which the suspension or temporary prohibition is based. In choosing between alternative mitigation measures, the Director will balance the cost of the required measures against the reduction or potential reduction in damage or threat of damage or harm to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environment. When deemed appropriate by the Director, the lessee must submit to the Bureau of Ocean Energy Management a revised Delineation, Testing, or Mining Plan that incorporates the mitigation measures required by the Director. * * * * * § 282.14 [Amended] 82. Amend § 282.14(c) by revising ‘‘$10,000’’ to read ‘‘$40,000’’. ■ § 282.27 [Amended] mstockstill on DSK3G9T082PROD with RULES * * * * (d) * * * (2) A lessee shall, on request by the Director, furnish food, quarters, and transportation for BSEE representatives to inspect its facilities. Upon request, you will be reimbursed by BSEE for the actual costs that you incur as a result of providing transportation to BSEE representatives. In addition, you will be reimbursed for the actual costs that you incur for providing food and quarters for a BSEE representative’s stay of more than 12 hours. You must submit an invoice for reimbursement within 90 days of the inspection. * * * * * VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 Authority: 5 U.S.C. 305; 43 U.S.C. 1334. 85. Revise § 290.4(b)(1) to read as follows: ■ § 290.4 How do I file an appeal? * * * * * (b) * * * (1) You must pay electronically through the Fees for Services page on the BSEE Web site at https:// www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your Notice of Appeal. * * * * * PART 291—OPEN AND NONDISCRIMINATORY ACCESS TO OIL AND GAS PIPELINES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT 86. The authority citation for part 291 continues to read as follows: ■ Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 87. Amend part 291, in §§ 291.103 introductory text, 291.106(a), 291.107(a) and (b)(1), and 291.109(a)(1) and (b), by revising ‘‘Office of Policy Analysis’’ to read ‘‘Office of Policy and Analysis’’. ■ § 291.1 [Amended] 88. Amend § 291.1 in paragraph (a), by removing ‘‘1010–0172’’ and adding in its place ‘‘1014–0012’’ and in paragraph (e), by removing ‘‘381 Elden Street, Herndon, VA 20170’’ and adding in its place ‘‘45600 Woodland Road, Sterling, VA 20166’’. ■ [Amended] 89. Amend § 291.107, paragraph (b)(1), by removing ‘‘(202)–208–3530);’’ and adding in its place ‘‘(202) 208– 1901);’’. ■ Conduct of operations. * 84. Revise the authority citation for part 290 to read as follows: ■ § 291.107 83. Revise § 282.27(d)(2) to read as follows: ■ § 282.27 PART 290—APPEAL PROCEDURES 90. Amend § 291.108 by revising paragraph (a) to read as follows: ■ § 291.108 fee? How do I pay the processing (a) You must pay the processing fee electronically through the Fees for Services page on the BSEE Web site at https://www.bsee.gov, and you must include a copy of the Pay.gov confirmation receipt page with your complaint. * * * * * [FR Doc. 2016–12487 Filed 6–3–16; 8:45 am] BILLING CODE 4310–VH–P PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2015–1052] RIN 1625–AA08; AA00 Special Local Regulations and Safety Zones; Recurring Marine Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is updating the special local regulations and permanent safety zones in the Coast Guard Sector Northern New England Captain of the Port Zone for annual recurring marine events. When enforced, these special local regulations and safety zones will restrict vessels from portions of water areas during certain annually recurring events. The special local regulations and safety zones are intended to expedite public notification and ensure the protection of the maritime public and event participants from the hazards associated with certain maritime events. DATES: This rule is effective June 6, 2016. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG– USCG–2015–1052 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email Chief Marine Science Technician Chris Bains, Waterways Management Division at Coast Guard Sector Northern New England, telephone (207) 347–5003, or email Chris.D.Bains@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section SLR Special Local Regulation U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History On February 25, 2016, the Coast Guard published an NPRM in the Federal Register titled Special Local E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

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


=======================================================================
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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Parts 203, 250, 251, 252, 254, 256, 280, 282, 290, and 291

[Docket ID: BSEE-2016-0006; EEEE500000 16XE1700DX EX1SF0000.DAQ000]
RIN 1014-AA15


Oil and Gas and Sulphur Operations in the Outer Continental 
Shelf--Technical Corrections

AGENCY: Bureau of Safety and Environmental Enforcement (BSEE), 
Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule makes minor edits, changes, and updates to BSEE 
regulations. These changes include, but are not limited to: correcting 
all current Office of Management and Budget (OMB) control numbers from 
``1010'' to ``1014''; adding two new control numbers to regulations as 
required by the Paperwork Reduction Act (PRA); changing the BSEE 
address from ``Herndon, VA'' to ``Sterling, VA''; changing ``shall'' to 
``will'' or ``must'' and changing ``which'' to ``that''; and revising 
other language where necessary for improved clarity.

DATES: This rule becomes effective on July 28, 2016.

FOR FURTHER INFORMATION CONTACT: Amy White, Regulations and Standards 
Branch at (703) 787-1665 or email at regs@bsee.gov.

SUPPLEMENTARY INFORMATION:

Background

    The technical corrections in this rulemaking affect offshore 
operators, lessees, pipeline right-of-way holders, and permittees. The 
corrections are necessary to reflect accurate regulatory citations, add 
or change a few words for clarification, and revise section numbering. 
Also, regulatory text that was inadvertently removed in a 2013 
regulatory update is being re-inserted where it belongs. These 
corrections will make the regulations easier to read, understand, and 
comprehend, but will not change the purpose, scope or effect of the 
regulations.
    Because this rule makes no substantive change in any rule or 
requirement, BSEE for good cause finds that notice and public comment 
are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B).
    This rulemaking will correct regulations in 30 CFR parts 203, 250, 
251, 252, 254, 256, 280, 282, 290, and 291 to reflect the changes 
discussed below. The following table shows the current regulatory 
citation and what changes were made.
Section-by-Section Discussion

------------------------------------------------------------------------
         Current citation                  Description of revision
------------------------------------------------------------------------
30 CFR part 203...................  Revises the authority citation for
                                     Part 203 from ``43 U.S.C. 1331 et
                                     seq.'' to ``43 U.S.C. 1334''.
                                     Revises the ``Herndon, VA'' address
                                     to reflect the new address in
                                     ``Sterling, VA''.
Sec.   203.3(b)...................  Provides a correct Web site address
                                     for the BSEE Fees for Services page
                                     (application fees) for electronic
                                     payments of royalty relief fees.
Sec.   203.5(a)...................  Corrects the OMB Control Number from
                                     ``1010-0071'' to ``1014-0005''.
30 CFR part 250...................  Revises the ``Herndon, VA'' address
                                     to reflect the new address in
                                     ``Sterling, VA''.
Sec.   250.102(b).................  Adds the word ``part'' before
                                     ``250'' in paragraphs (b)(1)
                                     through (b)(18) in the table of
                                     general references for these
                                     regulations.
Sec.   250.102(b).................  Adds new paragraph (b)(19) to the
                                     table of general references for
                                     these regulations, to include
                                     ``Safety and Environmental
                                     Management Systems (SEMS), 30 CFR
                                     part 250, subpart S''.
Sec.   250.114(a).................  Adds the cross reference ``(as
                                     incorporated by referenced in Sec.
                                      250.198)'' after the phrase
                                     ``Division 2''.
Undesignated Center Heading before  Adds ``Gas Storage or Injection'' as
 Sec.   250.118.                     an undesignated center heading to
                                     assist the reader with the
                                     regulatory text that follows.
Sec.   250.126....................  Provides a correct Web site address
                                     for the BSEE Fees for Services page
                                     (application fees) for electronic
                                     payments, adds the words ``or
                                     permit,'' and makes structural
                                     changes so that all text is
                                     contained in subsections (a) and
                                     (b).

[[Page 36146]]

 
Sec.   250.193(e)(2)(i)(C)........  Corrects a previous rulemaking
                                     published April 5, 2013 (78 FR
                                     20423), which inadvertently used as
                                     BSEE's address ``Herndon, VA'' when
                                     it should have read ``Washington,
                                     DC''.
Sec.   250.198(d), (e), (g), (i),   Updates these sections to reflect
 (j), (k), (m).                      current phone numbers, URLs, and
                                     addresses of where the public can
                                     obtain standards and other
                                     documents incorporated by
                                     reference.
Sec.   205.405....................  In the introductory paragraph,
                                     corrects ``air take'' to read ``air
                                     intake''.
Sec.   250.610....................  Removes an already-past deadline
                                     date for diesel engine air intake
                                     shut down equipment and rewrites
                                     the section in active voice.
                                     Corrects punctuation by adding
                                     missing commas.
Sec.   250.611....................  Removes an already-past deadline
                                     date for traveling-block safety
                                     devices and rewrites the section in
                                     active voice.
Sec.   250.713(b).................  Clarifies that site-specific
                                     information in approved plans may
                                     be relied upon to support permit
                                     issuance only when the approved
                                     plan covers ``that'' particular
                                     ``well location and conditions''
                                     included in the APD.
Sec.  Sec.   250.803(b) and         Provides references to Sec.
 250.901(a)(24).                     250.198 in instances where
                                     documents are incorporated by
                                     reference. The effect of
                                     incorporating a document into the
                                     regulations is to make the
                                     incorporated document a
                                     requirement.
Sec.   250.806(c).................  Revises ``MS-4020'' to read ``VAE-
                                     OORP'' and revises BSEE's
                                     ``Herndon, VA'' address to read
                                     ``Sterling, VA''.
Sec.   250.901(a)(24).............  Adds the cross reference ``(as
                                     incorporated by reference in Sec.
                                     250.198)''.
Sec.   250.904....................  Corrects the split rulemaking (76 FR
                                     64462, October 18, 2011), which
                                     inadvertently used ``<='' when it
                                     should have used ``>''.
Sec.   250.908(a).................  Corrects the word ``maximum'' to
                                     read ``minimum''. Consistent with
                                     the title of the section, ``What
                                     are the minimum structural fatigue
                                     design requirements'', and the
                                     final rulemaking notice of December
                                     27, 2001 (66 FR 66851), the intent
                                     of this paragraph (originally in
                                     the 2001 rule as Sec.   250.913)
                                     was always ``minimum''. Use of
                                     ``minimum'' is also in keeping with
                                     the statements in Sec.
                                     250.908(a)(2) and (a)(3). Also
                                     amends the word ``analysis'' to
                                     read ``fatigue analysis.''
Sec.   250.920(b).................  Revises ``operational loading, or
                                     inadequate deck height your
                                     platform'' to read ``operational
                                     loading, inadequate deck height,
                                     or''.
Sec.   250.1000(c)(3), (4), (12),   Removes obsolete dates from Sec.
 and (13).                           250.1000(c)(3)(i) and (iv);
                                     provides in Sec.   250.1000(c)(4),
                                     (c)(12)(ii), (c)(13)(i), and
                                     (c)(13)(ii) a general reference to
                                     the ``appropriate Department of
                                     Transportation (DOT) pipeline
                                     official'' with responsibility for
                                     transfer points instead of
                                     referring to a specific DOT office,
                                     since that office title has changed
                                     several times since the rule was
                                     originally published. Rewords for
                                     further clarity.
Sec.  Sec.   250.1015(e) and        Removes an already past date. An
 250.1018(c).                        emergency rulemaking (70 FR 61893,
                                     October 27, 2005) was codified as a
                                     result of Hurricane Katrina and
                                     filing fees were suspended until
                                     January 3, 2006.
Sec.   250.1165(b)................  Clarifies that approval for enhanced
                                     recovery operations will be handled
                                     by BSEE and the Bureau of Ocean
                                     Energy Management (BOEM). BSEE is
                                     responsible for approving enhanced
                                     recovery, but under the current
                                     regulations, the proposed enhanced
                                     recovery request must be
                                     accompanied by submission of Form
                                     BOEM-0127. The amended language
                                     clarifies that the applicant would
                                     submit the form to BOEM.
Sec.   250.1302(a), (c), (d)......  To avoid any confusion, revises this
                                     section by correcting the agency
                                     name to read ``BSEE'' and by
                                     changing the phrase ``joint
                                     development and production plan''
                                     to ``Competitive Reservoir
                                     Development Program.'' Competitive
                                     Reservoir Development Programs will
                                     continue to be submitted to BSEE
                                     (not BOEM), as was the original
                                     intent. As a result of the
                                     reorganization of BOEM and BSEE (76
                                     FR 64570), BSEE regulations at Sec.
                                       250.1302(a) and (d) were
                                     inadvertently changed to refer to
                                     `BOEM,' evidently because the
                                     phrase `joint development and
                                     production plan' was confused with
                                     the similarly named development and
                                     production plan (DPP) that would be
                                     submitted to BOEM. The `joint
                                     development and production plan' is
                                     not a DPP nor is it related in any
                                     way.\1\
Sec.   250.1401...................  Removes and reserves this section,
                                     since the headings of all the
                                     sections are already listed in the
                                     Table of Contents.
Sec.  Sec.   250.1455(b)(2) and     Revises Sec.  Sec.   250.1455(b)(2)
 250.1463(b)(2).                     and 250.1463(b)(2) by changing the
                                     cross references from ``Sec.  Sec.
                                      250.1490 through 250.1497'' to
                                     ``30 CFR part 550, Subpart N.''
                                     These changes are necessary because
                                     the 30 CFR part 250 sections
                                     currently referenced do not apply
                                     and are being removed through this
                                     rulemaking.
Sec.  Sec.   250.1490 through       Removes Sec.  Sec.   250.1490
 250.1497.                           through 250.1497 and the two
                                     undesignated center headings,
                                     ``Bonding Requirements'', and
                                     ``Financial Solvency
                                     Requirements.'' These former
                                     Minerals Management Service
                                     provisions do not apply to BSEE.
                                     These sections are instead
                                     contained in BOEM's regulations at
                                     Sec.  Sec.   550.1490 through
                                     550.1497.
Sec.   250.1609(b)................  Corrects ``timelapse'' to read
                                     ``time lapse''.
Sec.   250.1920(b)(5), (e)........  Corrects portions of the SEMS final
                                     rule published April 5, 2013 (78 FR
                                     20423), which amended the original
                                     2010 SEMS rule (75 FR 63610).
                                     Corrects the 2013 amendments to
                                     paragraph (b)(5), which
                                     inadvertently made that paragraph
                                     confusing, to reflect BSEE's
                                     original intent. Also reinserts
                                     paragraph (e), which was included
                                     in Sec.   250.1920 in the 2010
                                     final SEMS rule but which was
                                     inadvertently removed in the 2013
                                     amendments to the 2010 rule (see 78
                                     FR 20423, 20442). This insertion
                                     remedies that inadvertent removal.
Sec.   251.15.....................  Corrects the OMB Control Number from
                                     ``1010-0141'' to ``1014-0025'', and
                                     changes the information collection
                                     title to the title that is
                                     submitted to OMB.
Sec.   252.2 (5)..................  Corrects ``oilspill'' to read ``oil
                                     spill''.
30 CFR part 254...................  In various places, throughout this
                                     Part, replaces the words ``Regional
                                     Supervisor'' with ``Chief, OSPD''
                                     or ``Chief, Oil Spill Preparedness
                                     Division''; also changes ``plan''
                                     or ``response plan'' to ``OSRP''.
Sec.   254.2......................  Removes obsolete paragraph (c).
Sec.   254.6......................  Adds definitions of ``Chief, OSPD''
                                     to mean the Chief, BSEE Oil Spill
                                     Preparedness Division or designee
                                     and of ``OSRP'' to mean an Oil
                                     Spill Response Plan. Also revises
                                     the definition of ``spill
                                     management team'' to reflect the
                                     revised acronyms.
Sec.   254.7......................  Revises this section to reflect
                                     accurate OSPD contacts and
                                     addresses.
Sec.   254.9......................  Corrects the OMB Control Number from
                                     ``1010-0091'' to ``1014-0007'' and
                                     revises the ``Herndon, VA'' address
                                     to reflect the new address in
                                     ``Sterling, VA''.

[[Page 36147]]

 
30 CFR part 256...................  Removes various ``[Reserved]''
                                     citations as well as numerous
                                     undesignated center headings that
                                     are no longer needed and are
                                     confusing since they have no
                                     regulatory text.
Sec.   256.7(j)...................  Adds cross references to BOEM
                                     regulations at Chapter V.
Sec.   280.25(a)(2)...............  Replaces the word ``our'' with the
                                     word ``the''.
Sec.   280.28(a)..................  Inserts the words ``Bureau of Ocean
                                     Energy Management'' before
                                     ``Regional Director'' for clarity.
Sec.   282.0......................  Amends the existing paragraph by:
                                     designating it as paragraph
                                     ``(a)''; correcting the OMB control
                                     number from ``1010-0081'' to ``1014-
                                     0021''; and adding new paragraph
                                     (b) to provide the new address for
                                     submitting comments on information
                                     collections to BSEE.
Sec.   282.3......................  Corrects ``overylying'' to read
                                     ``overlying''.
Sec.   282.13(d), (e)(2)..........  Adds the words ``to the Bureau of
                                     Ocean Energy Management'' for
                                     clarification; changes the word
                                     ``shall'' to either ``will'' or
                                     ``must''. Changes order of
                                     sentences for clarity.
Sec.   282.14(c)..................  Revises ``$10,000'' to read
                                     ``$40,000'' in accordance with 43
                                     U.S.C. 1350.
Sec.   282.27(d)(2)...............  Adds the word ``BSEE'' where
                                     applicable; changes ``60 days'' to
                                     ``90 days'' to be consistent with
                                     30 CFR 250.133; changes ``10
                                     hours'' to ``12 hours''.
30 CFR part 290...................  Revises the authority citations for
                                     Part 290 from ``5 U.S.C. 301 et
                                     seq.; 43 U.S.C. 1331'' to ``5
                                     U.S.C. 305; 43 U.S.C. 1334''.
Sec.   290.4(b)(1)................  Provides a correct Web site address
                                     for the BSEE Fees for Services page
                                     (application fees) for electronic
                                     payments.
30 CFR part 291...................  Revises ``Office of Policy
                                     Analysis'' to read ``Office of
                                     Policy and Analysis'' throughout
                                     this section in six locations.
Sec.   291.1(a), (e)..............  Corrects the OMB Control Number from
                                     ``1010-0172'' to ``1014-0012'';
                                     revises the ``Herndon, VA'' address
                                     to reflect the new address in
                                     ``Sterling, VA''.
Sec.   291.107(b)(1)..............  Revises the Office of Policy and
                                     Analysis phone number from ``(202)-
                                     208-3530)'' to ``(202) 208-1901)''.
Sec.   291.108(a).................  Provides a correct Web site address
                                     for the BSEE Fees for Services page
                                     (application fees) for electronic
                                     payments.
------------------------------------------------------------------------
\1\ The ``joint development and production plan''/``Competitive
  Reservoir Development Program'' is a reservoir management tool used
  after the BSEE Regional Supervisor determines a reservoir to be a
  ``competitive reservoir'' that requires competing operators to operate
  in a manner that ensures the reserves are optimally and efficiently
  produced in accordance with BSEE's conservation mandate (e.g.,
  restricting well production rates and/or reservoir withdrawal rates,
  limiting the number of new wells that can be drilled).

Procedural Matters

Regulatory Planning and Review (E.O.s 12866 and 13563)

    E.O. 12866 provides that the Office of Information and Regulatory 
Affairs (OIRA) will review all significant rules. OIRA has determined 
that this final rule is not significant because it will not raise novel 
legal or policy issues.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive Order (E.O.) directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. This rulemaking is 
consistent with the principles of E.O. 13563.

Regulatory Flexibility Act

    The Department of the Interior (DOI) certifies that this final rule 
will not have a significant economic effect on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.).

Small Business Regulatory Enforcement Fairness Act

    The Small Business and Agriculture Regulatory Enforcement Ombudsman 
and 10 Regional Fairness Boards were established to receive comments 
from small businesses about Federal agency enforcement actions. The 
Ombudsman will annually evaluate the enforcement activities and rate 
each agency's responsiveness to small business. If you wish to comment 
on the actions of BSEE, call 1-888-734-3247. You may comment to the 
Small Business Administration without fear of retaliation. Allegations 
of discrimination/retaliation filed with the Small Business 
Administration will be investigated for appropriate action.
    This final rule is not a major rule under the Small Business 
Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:
    a. Will not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
requirements will apply to all entities operating on the OCS.

Unfunded Mandates Reform Act of 1995

    This final rule will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The final rule will not have a significant or unique 
effect on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1501 et seq.) is not required.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this final rule does not have 
significant takings implications. The rulemaking is not a governmental 
action capable of interfering with constitutionally protected property 
rights. A Takings Implication Assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this final rule does not have 
federalism implications. This final rule will not substantially and 
directly affect the relationship between the Federal and State 
governments. To the extent that State and local governments have a role 
in OCS activities, this final rule will not affect that role. A 
Federalism Assessment is not required.

Civil Justice Reform (E.O. 12988)

    This final rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and

[[Page 36148]]

    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

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

    Under the criteria in E.O. 13175 and DOI's Policy on Consultation 
with Indian Tribes (Secretarial Order 3317, Amendment 2, December 31, 
2013), we evaluated this final rule and determined that it has no 
substantial direct effects on federally recognized Indian tribes.

Paperwork Reduction Act (PRA) of 1995

    This final rule does not contain new information collection 
requirements, and a submission under the PRA is not required. 
Therefore, an information collection request is not being submitted to 
OMB for review and approval under the PRA (44 U.S.C. 3501 et seq.).

National Environmental Policy Act of 1969

    This final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. BSEE has 
evaluated this rule under the criteria of the National Environmental 
Policy Act (NEPA) and the Department's regulations implementing NEPA. 
This rule meets the criteria set forth at 43 CFR 46.210(i) for a 
Departmental Categorical Exclusion in that this rule is ``of an 
administrative, financial, legal, technical, or procedural nature. . . 
.'' Further, BSEE has analyzed this rule to determine if it meets any 
of the extraordinary circumstances that would require an environmental 
assessment or an environmental impact statement as set forth in 43 CFR 
46.215 and has concluded that this rule does not meet any of the 
criteria for extraordinary circumstances.

Data Quality Act

    In developing this final rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C Sec.  515, 114 Stat. 2763, 2763A-153-154).

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

    This final rule is not a significant energy action under the 
definition in E.O. 13211. A Statement of Energy Effects is not 
required.

List of Subjects

30 CFR Part 203

    Indians--lands, Oil and gas exploration, Outer Continental Shelf, 
Sulphur.

30 CFR Part 250

    Administrative practice and procedure, Oil and gas and sulphur 
exploration, Outer Continental Shelf, Reporting and recordkeeping 
requirements.

30 CFR Part 251

    Freedom of information, Oil and gas exploration, Outer Continental 
Shelf, Reporting and recordkeeping requirements, Research.

30 CFR Part 252

    Freedom of information, Intergovernmental relations, Oil and gas 
exploration, Outer Continental Shelf, Reporting and recordkeeping 
requirements.

30 CFR Part 254

    Intergovernmental relations, Oil and gas exploration, Oil 
pollution, Outer Continental Shelf, Pipelines, Reporting and 
recordkeeping requirements.

30 CFR Part 256

    Administrative practice and procedure, Environmental protection, 
Government contracts, Intergovernmental relations, Oil and gas 
exploration, Outer Continental Shelf, Reporting and recordkeeping 
requirements, Surety bonds.

30 CFR Part 280

    Outer Continental Shelf, Reporting and recordkeeping requirements, 
Research.

30 CFR Part 282

    Administrative practice and procedure, Environmental protection, 
Government contracts, Intergovernmental relations, Mineral royalties, 
Outer Continental Shelf, Penalties, Reporting and recordkeeping 
requirements, Surety bonds.

30 CFR Part 290

    Administrative practice and procedure.

30 CFR Part 291

    Administrative practice and procedure.

    Dated: May 16, 2016.
Amanda C. Leiter,
Acting Assistant Secretary--Land and Minerals Management.
    For the reasons stated in the preamble, the Bureau of Safety and 
Environmental Enforcement (BSEE) amends 30 CFR parts 203, 250, 251, 
252, 254, 256, 280, 282, 290, and 291 as follows:

PART 203--RELIEF OR REDUCTION IN ROYALTY RATES

0
1. The authority citation for part 203 continues to read as follows:

    Authority:  25 U.S.C. 396 et seq.; 25 U.S.C. 396a et seq.; 25 
U.S.C. 2101 et seq.; 30 U.S.C. 181 et seq.; 30 U.S.C. 351 et seq.; 
30 U.S.C. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C. 9701; 42 
U.S.C. 15903-15906; 43 U.S.C. 1301 et seq.; 43 U.S.C. 1331 et seq.; 
43 U.S.C. 1334.; and 43 U.S.C. 1801 et seq.


0
2. In part 203, revise all references to ``381 Elden Street, Herndon, 
VA 20170'' to read ``45600 Woodland Road, Sterling, VA 20166''.


Sec.  203.3  [Amended]

0
3. Revise Sec.  203.3(b) to read as follows:


Sec.  203.3  Do I have to pay a fee to request royalty relief?

* * * * *
    (b) You must file all payments electronically through the Fees for 
Services page on the BSEE Web site at https://www.bsee.gov, and you must 
include a copy of the Pay.gov confirmation receipt page with your 
application or assessment.


Sec.  203.5  [Amended]

0
4. Amend Sec.  203.5(a) by removing ``1010-0071'' and adding in its 
place ``1014-0005''.

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

0
5. The authority citation for part 250 is revised to read as follows:

    Authority:  31 U.S.C. 9701, 43 U.S.C. 1334.


0
6. In Part 250, revise all references to``381 Elden Street, Herndon, VA 
20170'' to read ``45600 Woodland Road, Sterling, VA 20166''.


Sec.  250.102  [Amended]

0
7. Amend Sec.  250.102(b) by revising the table, to read as follows:


Sec.  250.102  What does this part do?

* * * * *
    (b) * * *

[[Page 36149]]



------------------------------------------------------------------------
      For information about . . .                 Refer to . . .
------------------------------------------------------------------------
(1) Applications for permit to drill,..  30 CFR part 250, subpart D.
(2) Development and Production Plans     30 CFR part 550, subpart B.
 (DPP),.
(3) Downhole commingling,..............  30 CFR part 250, subpart K.
(4) Exploration Plans (EP),............  30 CFR part 550, subpart B.
(5) Flaring,...........................  30 CFR part 250, subpart K.
(6) Gas measurement,...................  30 CFR part 250, subpart L.
(7) Off-lease geological and             30 CFR part 551.
 geophysical permits,.
(8) Oil spill financial responsibility   30 CFR part 553.
 coverage,.
(9) Oil and gas production safety        30 CFR part 250, subpart H.
 systems,.
(10) Oil spill response plans,.........  30 CFR part 254.
(11) Oil and gas well-completion         30 CFR part 250, subpart E.
 operations,.
(12) Oil and gas well-workover           30 CFR part 250, subpart F.
 operations,.
(13) Decommissioning Activities,.......  30 CFR part 250, subpart Q.
(14) Platforms and structures,.........  30 CFR part 250, subpart I.
(15) Pipelines and Pipeline Rights-of-   30 CFR part 250, subpart J and
 Way,.                                    30 CFR part 550, subpart J.
(16) Sulphur operations,...............  30 CFR part 250, subpart P.
(17) Training,.........................  30 CFR part 250, subpart O.
(18) Unitization,......................  30 CFR part 250, subpart M.
(19) Safety and Environmental            30 CFR part 250, subpart S.
 Management Systems (SEMS),.
------------------------------------------------------------------------

Sec.  250.114  [Amended]

0
8. Amend Sec.  250.114(a) by adding, after the phrase ``Division 2'', 
the parenthetical phrase ``(as incorporated by reference in Sec.  
250.198)''.

0
9. Add an undesignated center heading, before Sec.  250.118 to read 
``GAS STORAGE OR INJECTION''.

0
10. Revise Sec.  250.126 to read as follows:


Sec.  250.126  Electronic payment instructions.

    (a) You must file all payments electronically through the Fees for 
Services page on the BSEE Web site at https://www.bsee.gov. This 
includes, but is not limited to, all OCS applications, permits, or any 
filing fees. You must include a copy of the Pay.gov confirmation 
receipt page with your application, permit, or filing fee.
    (b) If you submitted an application or permit through eWell, you 
must use the interactive payment feature in that system, which directs 
you through Pay.gov to make a payment. It is recommended that you keep 
a copy of your payment confirmation receipt in the event that any 
questions arise regarding your transaction.


Sec.  250.193  [Amended]

0
11. Amend Sec.  250.193(e)(2)(i)(C) by removing ``Herndon, VA'' and 
adding in its place ``Washington, DC''.


Sec.  250.198  [Amended]

0
12. Amend Sec.  250.198, by revising paragraphs (d), (e) introductory 
text, (g) introductory text, (i) introductory text, (j) introductory 
text, (k) introductory text, and (m) introductory text to read as 
follows:


Sec.  250.198  Documents incorporated by reference.

* * * * *
    (d) You may inspect these documents at the Bureau of Safety and 
Environmental Enforcement, 45600 Woodland Rd, Sterling, VA 20166; 
phone: 1-844-259-4779; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
    (e) American Concrete Institute (ACI), ACI Standards, 38800 Country 
Club Drive, Farmington Hills, MI 48331-3439: https://www.concrete.org; 
phone: 248-848-3700:
* * * * *
    (g) American National Standards Institute (ANSI), ANSI/ASME Codes, 
https://www.webstore.ansi.org; phone: 212-642-4900; and/or American 
Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2900, 
Fairfield, NJ 07007-2900; https://www.asme.org; phone: 1-800-843-2763:
* * * * *
    (i) American Society for Testing and Materials (ASTM), ASTM 
Standards, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA 
19428-2959; https://www.astm.org; phone: 1-877-909-2786:
* * * * *
    (j) American Welding Society (AWS), AWS Codes, 8669 NW 36 Street, 
#130, Miami, FL 33126; https://www.aws.org; phone: 800-443-9353:
* * * * *
    (k) National Association of Corrosion Engineers (NACE) 
International, NACE Standards, Park Ten Place, Houston, TX 77084; 
https://www.nace.org; phone: 281-228-6200:
* * * * *
    (m) International Organization for Standardization (ISO), 1, ch. de 
la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org; 
phone: 41-22-749-01-11:
* * * * *


Sec.  250.405  [Amended]

0
13. Amend Sec.  250.405, in the introductory text, by removing the 
words ``air take'' and adding in their place ``air intake''.


Sec.  250.610  [Amended]

0
14. Revise Sec.  250.610 to read as follows:


Sec.  250.610  Diesel engine air intakes.

    You must equip diesel engine air intakes with a device to shut down 
the diesel engine in the event of runaway. Diesel engines that are 
continuously attended must be equipped with remotely operated, manual, 
or automatic shutdown devices. Diesel engines that are not continuously 
attended must be equipped with automatic shutdown devices.


Sec.  250.611  [Amended]

0
15. Revise Sec.  250.611 to read as follows:


Sec.  250.611  Traveling-block safety device.

    You must equip all units being used for well-workover operations 
that have both a traveling block and a crown block with a safety device 
that is designed to prevent the traveling block from striking the crown 
block. You must check the device for proper operation weekly and after 
each drill-line slipping operation. You must enter the results of the 
operational check in the operations log.

[[Page 36150]]

Sec.  250.713  [Amended]

0
16. Amend Sec.  250.713(b) by adding after the phrase ``or DOCD 
submitted to BOEM,'' the phrase ``for that well location and 
conditions,''.


Sec.  250.803  [Amended]

0
17. Amend Sec.  250.803(b)(1) introductory text, by adding, after the 
phrase ``(ASME) Boiler and Pressure Vessel Code'', the parenthetical 
phrase ``(as incorporated by reference in Sec.  250.198)''.


Sec.  250.806  [Amended]

0
18. Amend Sec.  250.806(c) by removing ``MS-4020'' and adding in its 
place ``VAE-OORP'', and by removing ``381 Elden Street, Herndon, 
Virginia 20170-4817'' and adding in its place ``45600 Woodland Road, 
Sterling, VA 20166''.


Sec.  250.901  [Amended]

0
19. Amend Sec.  250.901(a)(24) by adding, after the phrase ``Offshore 
Structures Associated with Petroleum Production'', the parenthetical 
phrase ``(as incorporated by reference in Sec.  250.198)''.


Sec.  250.904  [Amended]

0
20. Amend Sec.  250.904(b) by removing ``<=''and adding in its place 
``>''.


Sec.  250.908  [Amended]

0
21. Amend Sec.  250.908(a), in the table under ``Then . . .'', by 
removing the word ``analysis'' and adding in its place ``fatigue 
analysis'' in paragraph (a)(1), and by removing the word ``maximum'' 
wherever it appears and adding in its place ``minimum''.


Sec.  250.920  [Amended]

0
22. Amend Sec.  250.920(b) by removing ``operational loading, or 
inadequate deck height your platform'' and adding in its place 
``operational loading, inadequate deck height, or''.

0
23. Amend Sec.  250.1000, paragraphs (c)(3)(i) and (iv), (c)(4), 
(c)(12)(ii), and (c)(13)(i) and (ii), to read as follows:


Sec.  250.1000  General requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) Each producing operator must, if practical, durably mark all of 
its above-water transfer points as of the date a pipeline begins 
service.
* * * * *
    (iv) If adjoining producing and transporting operators cannot agree 
on a transfer point, the BSEE Regional Supervisor and the appropriate 
Department of Transportation (DOT) pipeline official may jointly 
determine the transfer point.
    (4) The transfer point serves as a regulatory boundary. An operator 
may request that the BSEE Regional Supervisor grant an exception to 
this requirement for an individual facility or area. The Regional 
Supervisor, in consultation with the appropriate DOT pipeline official 
and affected parties, may grant the request.
* * * * *
    (12) * * *
    (ii) The Regional Supervisor will decide, on a case-by-case basis, 
whether to grant the operator's request. In considering each petition, 
the Regional Supervisor will consult with the appropriate DOT pipeline 
official.
    (13) * * *
    (i) The operator's request must be in the form of a written 
petition to the appropriate DOT pipeline official and the BSEE Regional 
Supervisor.
    (ii) The BSEE Regional Supervisor and the appropriate DOT pipeline 
official will decide how to act on this petition.
* * * * *


Sec.  250.1015  [Amended]

0
24. Amend Sec.  250.1015 by removing paragraph (e).


Sec.  250.1018  [Amended]

0
25. Amend Sec.  250.1018 by removing paragraph (c).

0
26. Amend Sec.  250.1165 by removing the last sentence of paragraph (b) 
and adding two sentences in its place to read as follows:


Sec.  250.1165  What must I do for enhanced recovery operations?

* * * * *
    (b) * * * The proposed plan must include, for each project 
reservoir, a geologic and engineering overview and any additional 
information required by the BSEE Regional Supervisor. You also must 
submit Form BOEM-0127 to BOEM along with the supporting data specified 
in BOEM regulations, 30 CFR part 550, subpart K.
* * * * *

0
27. Amend Sec.  250.1302 by revising the first sentence of paragraph 
(a), and paragraphs (c) and (d), to read as follows:


Sec.  250.1302  What if I have a competitive reservoir on a lease?

    (a) The Regional Supervisor may require you to conduct development 
and production operations in a competitive reservoir under either a 
joint Competitive Reservoir Development Program submitted to BSEE or a 
unitization agreement. * * *
* * * * *
    (c) If you conduct drilling or production operations in a reservoir 
determined competitive by the BSEE Regional Supervisor, you and the 
other affected lessees must submit for approval a joint Competitive 
Reservoir Development Program. You must submit the joint Competitive 
Reservoir Development Program within 90 days after the Regional 
Supervisor makes a final determination that the reservoir is 
competitive. The joint Competitive Reservoir Development Program must 
provide for the development and/or production of the reservoir. You may 
submit supplemental Competitive Reservoir Development Programs for the 
Regional Supervisor's approval.
    (d) If you and the other affected lessees cannot reach an agreement 
on a joint Competitive Reservoir Development Program, submitted to BSEE 
within the approved period of time, each lessee must submit a separate 
Competitive Reservoir Development Program to the Regional Supervisor. 
The Regional Supervisor will hold a hearing to resolve differences in 
the separate Competitive Reservoir Development Programs. If the 
differences in the separate programs are not resolved at the hearing 
and the Regional Supervisor determines that unitization is necessary 
under Sec.  250.1301(b), BSEE will initiate unitization under Sec.  
250.1304.


Sec.  250.1401  [Removed and Reserved]

0
28. Remove and reserve Sec.  250.1401.

0
29. Amend Sec.  250.1455 by revising paragraph (b)(2) to read as 
follows:


Sec.  250.1455  Does my request for a hearing on the record affect the 
penalties?

* * * * *
    (b) * * *
    (2) To stay the accrual of penalties, you must post a bond or other 
surety instrument, or demonstrate financial solvency, using the 
standards and requirements as prescribed in BOEM's regulations, 30 CFR 
part 550, subpart N. The posted amount must cover the unpaid principal 
and interest due for the Notice of Noncompliance, plus the amount of 
any penalties accrued before the date a stay becomes effective.
* * * * *

0
30. Amend Sec.  250.1463 by revising paragraph (b)(2) to read as 
follows:


Sec.  250.1463  Does my request for a hearing on the record affect the 
penalties?

* * * * *
    (b) * * *
    (2) To stay the accrual of penalties, you must post a bond or other 
surety instrument, or demonstrate financial solvency, using the 
standards and requirements as prescribed in BOEM's

[[Page 36151]]

regulations, 30 CFR part 550, subpart N. The posted amount must cover 
the unpaid principal and interest due for the Notice of Noncompliance, 
plus the amount of any penalties accrued before the date a stay becomes 
effective.
* * * * *

0
31. Remove the undesignated heading, directly above Sec.  250.1490, 
``BONDING REQUIREMENTS''.


Sec. Sec.  250.1490 and 250.1491  [Removed]

0
32. Remove Sec. Sec.  250.1490 and 250.1491.

0
33. Remove the undesignated heading, directly above Sec.  250.1495, 
``FINANCIAL SOLVENCY REQUIREMENTS''.


Sec. Sec.  250.1495, 250.1496, and 250.1497  [Removed]

0
34. Remove Sec. Sec.  250.1495, 250.1496, and 250.1497.


Sec.  250.1609  [Amended]

0
35. Amend Sec.  250.1609(b) by removing ``timelapse'' and adding in its 
place ``time lapse''.

0
36. Amend Sec.  250.1920 by revising paragraph (b)(5) and by adding 
paragraph (e) to read as follows:


Sec.  250.1920  What are the auditing requirements for my SEMS program?

* * * * *
    (b) * * *
    (5) Section 12.5 Audit Frequency. You must have your SEMS program 
audited by an ASP within 2 years after initial implementation and every 
3 years thereafter. The 3-year auditing cycle begins on the start date 
of each comprehensive audit (including the initial implementation 
audit) and ends on the start date of your next comprehensive audit.
* * * * *
    (e) BSEE may verify that you undertook the corrective actions and 
that these actions effectively address the audit findings.

PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE 
OUTER CONTINENTAL SHELF

0
37. The authority citation for part 251 continues to read as follows:

    Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.


Sec.  251.15  [Amended]

0
38. Revise Sec.  251.15 to read as follows:


Sec.  251.15  Authority for information collection.

    The Office of Management and Budget has approved the information 
collection requirements in this part under 44 U.S.C. 3501 et seq. and 
assigned OMB control number 1014-0025 as it pertains to Application for 
Permit to Drill (APD, Form BSEE-0123), and Supplemental APD Information 
Sheet (Form BSEE-0123S). The title of this information collection is 
``30 CFR Part 250, Application for Permit to Drill (APD, Revised APD) 
Supplemental APD Information Sheet, and all supporting documents.''

PART 252--OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION 
PROGRAM

0
39. The authority citation for part 252 continues to read as follows:

    Authority: OCS Lands Act, 43 U.S.C. 1331 et seq., as amended, 92 
Stat. 629; Freedom of Information Act, 5 U.S.C. 552; Sec.  252.3 
also issued under Pub. L. 99-190 making continuing appropriations 
for Fiscal Year 1986, and for other purposes.


Sec.  252.2  [Amended]

0
40. Amend Sec.  252.2, in paragraph (5) of the definition of Affected 
State, by removing ``oilspill'' and adding in its place ``oil spill''.

PART 254--OIL-SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED 
SEAWARD OF THE COAST LINE

0
41. The authority citation for part 254 continues to read as follows:

    Authority: 33 U.S.C. 1321.


Sec.  254.1  [Amended]

0
42. Amend Sec.  254.1 by revising the section heading and paragraphs 
(a), (b), (d), and (e) to read as follows:


Sec.  254.1  Who must submit an oil spill response plan (OSRP)?

    (a) If you are the owner or operator of an oil handling, storage, 
or transportation facility, and it is located seaward of the coast 
line, you must submit an oil spill response plan (OSRP) to BSEE for 
approval. Your OSRP must demonstrate that you can respond quickly and 
effectively whenever oil is discharged from your facility. Refer to 
Sec.  254.6 for the definitions of oil, facility, and coast line if you 
have any doubts about whether to submit a plan.
    (b) You must maintain a current OSRP for an abandoned facility 
until you physically remove or dismantle the facility or until the 
Chief, Oil Spill Preparedness Division (OSPD) notifies you in writing 
that a plan is no longer required.
* * * * *
    (d) If you are in doubt as to whether you must submit a plan for an 
offshore facility or pipeline, you should check with the Chief, OSPD.
    (e) If your facility is located landward of the coast line, but you 
believe your facility is sufficiently similar to OCS facilities that it 
should be regulated by BSEE, you may contact the Chief, OSPD, offer to 
accept BSEE jurisdiction over your facility, and request that BSEE seek 
from the agency with jurisdiction over your facility a relinquishment 
of that jurisdiction.

0
43. Revise Sec.  254.2 to read as follows:


Sec.  254.2  When must I submit an OSRP?

    (a) You must submit, and BSEE must approve, an OSRP that covers 
each facility located seaward of the coast line before you may use that 
facility. To continue operations, you must operate the facility in 
compliance with the OSRP.
    (b) Despite the provisions of paragraph (a) of this section, you 
may operate your facility after you submit your OSRP while BSEE reviews 
it for approval. To operate a facility without an approved OSRP, you 
must certify in writing to the Chief, OSPD that you have the capability 
to respond, to the maximum extent practicable, to a worst case 
discharge or a substantial threat of such a discharge. The 
certification must show that you have ensured by contract, or other 
means approved by the Chief, OSPD, the availability of private 
personnel and equipment necessary to respond to the discharge. 
Verification from the organization(s) providing the personnel and 
equipment must accompany the certification. BSEE will not allow you to 
operate a facility for more than 2 years without an approved OSRP.

0
44. Revise Sec.  254.3 to read as follows:


Sec.  254.3  May I cover more than one facility in my OSRP?

    (a) Your OSRP may be for a single lease or facility or a group of 
leases or facilities. All the leases or facilities in your plan must 
have the same owner or operator (including affiliates) and must be 
located in the same BSEE Region (see definition of Regional OSRP in 
Sec.  254.6).
    (b) Regional OSRPs must address all the elements required for an 
OSRP in subpart B, or subpart D of this part, as appropriate.
    (c) When developing a Regional OSRP, you may group leases or 
facilities subject to the approval of the Chief, OSPD, for the purposes 
of:
    (1) Calculating response times;
    (2) Determining quantities of response equipment;
    (3) Conducting oil-spill trajectory analyses;
    (4) Determining worst case discharge scenarios; and

[[Page 36152]]

    (5) Identifying areas of special economic and environmental 
importance that may be impacted and the strategies for their 
protection.
    (d) The Chief, OSPD, may specify how to address the elements of a 
Regional OSRP. The Chief, OSPD, also may require that Regional OSRPs 
contain additional information if necessary for compliance with 
appropriate laws and regulations.

0
45. Revise Sec.  254.4 to read as follows:


Sec.  254.4  May I reference other documents in my OSRP?

    You may reference information contained in other readily accessible 
documents in your OSRP. Examples of documents that you may reference 
are the National Contingency Plan (NCP), Area Contingency Plan (ACP), 
BSEE or BOEM environmental documents, and Oil Spill Removal 
Organization (OSRO) documents that are readily accessible to the Chief, 
OSPD. You must ensure that the Chief, OSPD, possesses or is provided 
with copies of all OSRO documents you reference. You should contact the 
Chief, OSPD, if you want to know whether a reference is acceptable.

0
46. Amend Sec.  254.5 by revising paragraphs (a), (b), and (d) to read 
as follows:


Sec.  254.5  General OSRP requirements.

    (a) The OSRP must provide for response to an oil spill from the 
facility. You must immediately carry out the provisions of the OSRP 
whenever there is a release of oil from the facility. You must also 
carry out the training, equipment testing, and periodic drills 
described in the OSRP, and these measures must be sufficient to ensure 
the safety of the facility and to mitigate or prevent a discharge or a 
substantial threat of a discharge.
    (b) The OSRP must be consistent with the National Contingency Plan 
and the appropriate Area Contingency Plan(s).
* * * * *
    (d) In addition to the requirements listed in this part, you must 
provide any other information the Chief, OSPD, requires for compliance 
with appropriate laws and regulations.

0
47. Amend Sec.  254.6 by adding in alphabetical order the definitions 
for ``Chief, OSPD'' and ``OSRP'', and by revising the definition of 
``Spill management team'', to read as follows:


Sec.  254.6  Definitions.

* * * * *
    Chief, OSPD means the Chief, BSEE Oil Spill Preparedness Division 
or designee.
* * * * *
    OSRP means an Oil Spill Response Plan.
* * * * *
    Spill management team means the trained persons identified in an 
OSRP who staff the organizational structure to manage spill response.
* * * * *

0
48. Revise Sec.  254.7 to read as follows:


Sec.  254.7  How do I submit my OSRP to the BSEE?

    You must submit the number of copies of your OSRP that the 
appropriate BSEE regional office requires. If you prefer to use 
improved information technology such as electronic filing to submit 
your plan, ask the Chief, OSPD, for further guidance.
    (a) Send OSRPs for facilities located seaward of the coast line of 
Alaska to: Bureau of Safety and Environmental Enforcement, Oil Spill 
Preparedness Division, Attention: Senior Analyst, 3801 Centerpoint 
Drive, Suite #500, Anchorage, AK 99503-5823.
    (b) Send OSRPs for facilities in the Gulf of Mexico or Atlantic 
Ocean to: Bureau of Safety and Environmental Enforcement, Oil Spill 
Preparedness Division, Attention: GOM Section Supervisor, 1201 Elmwood 
Park Boulevard, New Orleans, LA 70123-2394.
    (c) Send OSRPs for facilities in the Pacific Ocean (except seaward 
of the coast line of Alaska) to: Bureau of Safety and Environmental 
Enforcement, Oil Spill Preparedness Division, Attention: Senior 
Analyst, 760 Paseo Camarillo, Suite 201, Camarillo, CA 93010-6002.


Sec.  254.9  [Amended]

0
49. Amend Sec.  254.9 in paragraph (a), by removing ``1010-0091'' and 
adding in its place ``1014-0007'' and in paragraph (d), by removing 
``381 Elden Street, Herndon, VA 20170'' and adding in its place ``45600 
Woodland Road, Sterling, VA 20166''.


Sec.  254.20  [Amended]

0
50. Amend Sec.  254.20 by removing ``spill-response plans'' and adding 
in its place ``OSRPs''.

0
51. Amend 254.21 by revising the section heading and paragraphs (a), 
(b) introductory text, and (b)(1) to read as follows:


Sec.  254.21  How must I format my OSRP?

    (a) You must divide your OSRP for OCS facilities into the sections 
specified in paragraph (b) of this section and explained in the other 
sections of this subpart. The OSRP must have an easily found marker 
identifying each section. You may use an alternate format if you 
include a cross reference table to identify the location of required 
sections. You may use alternate contents if you can demonstrate to the 
Chief, OSPD that they provide for equal or greater levels of 
preparedness.
    (b) Your OSRP must include:
    (1) Introduction and OSRP contents.
* * * * *


Sec.  254.22  [Amended]

0
52. Amend Sec.  254.22, in the section heading, introductory text, and 
paragraphs (a), (c), and (d), by removing ``plan'' and adding in its 
place ``OSRP''.


Sec.  254.23  [Amended]

0
53. Amend Sec.  254.23, in the introductory text, by removing 
``response plan'' and adding in its place ``OSRP''.


Sec.  254.25  [Amended]

0
54. Amend Sec.  254.25, in the first sentence, by removing ``plan'' and 
adding in its place ``OSRP''.

0
55. Revise Sec.  254.30 to read as follows:


Sec.  254.30  When must I revise my OSRP?

    (a) You must review your OSRP at least every 2 years and submit all 
resulting modifications to the Chief, OSPD. If this review does not 
result in modifications, you must inform the Chief, OSPD, in writing 
that there are no changes.
    (b) You must submit revisions to your OSRP for approval within 15 
days whenever:
    (1) A change occurs which significantly reduces your response 
capabilities;
    (2) A significant change occurs in the worst case discharge 
scenario or in the type of oil being handled, stored, or transported at 
the facility;
    (3) There is a change in the name(s) or capabilities of the oil 
spill removal organizations cited in the OSRP; or
    (4) There is a significant change to the Area Contingency Plan(s).
    (c) The Chief, OSPD, may require that you resubmit your OSRP if the 
OSRP has become outdated or if numerous revisions have made its use 
difficult.
    (d) The Chief, OSPD, will periodically review the equipment 
inventories of OSRO's to ensure that sufficient spill removal equipment 
is available to meet the cumulative needs of the owners and operators 
who cite these organizations in their OSRPs.
    (e) The Chief, OSPD, may require you to revise your OSRP if 
significant inadequacies are indicated by:
    (1) Periodic reviews (described in paragraph (d) of this section);
    (2) Information obtained during drills or actual spill responses; 
or

[[Page 36153]]

    (3) Other relevant information the Chief, OSPD, obtained.


Sec.  254.41  [Amended]

0
56. Amend Sec.  254.41(d) by removing ``response plan'' and adding in 
its place ``OSRP''.

0
57. Amend Sec.  254.42 as follows:
0
a. Revise paragraphs (a), (b)(2), and (e).
0
b. Amend paragraphs (f) and (h), by removing ``Regional Supervisor'' 
and adding in its place ``Chief, OSPD,'' and amend paragraph (i) by 
removing ``Regional Supervisor'' and adding in its place ``Chief, 
OSPD.''.


Sec.  254.42  Exercises for your response personnel and equipment.

    (a) You must exercise your entire OSRP at least once every 3 years 
(triennial exercise). You may satisfy this requirement by conducting 
separate exercises for individual parts of the OSRP over the 3-year 
period; you do not have to exercise your entire OSRP at one time.
    (b) * * *
    (2) An annual deployment exercise of response equipment identified 
in your OSRP that is staged at onshore locations. You must deploy and 
operate each type of equipment in each triennial period. However, it is 
not necessary to deploy and operate each individual piece of equipment.
* * * * *
    (e) All records of spill-response exercises must be maintained for 
the complete 3-year exercise cycle. Records should be maintained at the 
facility or at a corporate location designated in the OSRP. Records 
showing that OSROs and oil spill removal cooperatives have deployed 
each type of equipment also must be maintained for the 3-year cycle.
* * * * *


Sec.  254.43  [Amended]

0
58. Amend Sec.  254.43(a) by removing ``response plan'' and adding in 
its place ``OSRP''.


Sec.  254.44  [Amended]

0
59. Amend Sec.  254.44(a) by removing ``response plan'' and adding in 
its place ``OSRP''.


Sec.  254.45  [Amended]

0
60. Amend Sec.  254.45(a) by removing ``response plan'' and adding in 
its place ``OSRP''.


Sec.  254.46  [Amended]

0
61. Amend Sec.  254.46(b)(2) by removing ``Regional Supervisor'' and 
adding in its place ``Chief, OSPD''.


Sec.  254.47  [Amended]

0
62. Amend Sec.  254.47(d) by removing ``Regional Supervisor'' and 
adding in its place ``Chief, OSPD,''.


Sec.  254.51  [Amended]

0
63. Amend Sec.  254.51, in the section heading by removing ``response 
plan'' and adding in its place ``OSRP'', and in the text by removing 
``this plan'' and adding in its place ``this OSRP''.


Sec.  254.52  [Amended]

0
64. Amend Sec.  254.52, in the section heading by removing ``response 
plan'' and adding in its place ``OSRP'', and in the text by removing 
``plan'' and adding in its place ``OSRP''.


Sec.  254.53  [Amended]

0
65. Amend Sec.  254.53, in the section heading by removing ``response 
plan'' and adding in its place ``OSRP'', and in paragraph (a) 
introductory text by removing ``plan'' and adding in its place 
``OSRP''.


Sec.  254.54  [Amended]

0
66. Amend Sec.  254.54, by removing ``response plan'' and adding in its 
place ``OSRP'' and by removing ``Regional Supervisor'' and adding in 
its place ``Chief, OSPD,''.

PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER 
CONTINENTAL SHELF

0
67. The authority citation for part 256 continues to read as follows:

    Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1334, Pub. 
L. 109-432.


Sec.  256.0 and Sec. Sec.  256.2 through 256.5   [Removed]

0
68. Remove reserved Sec.  256.0 and reserved Sec. Sec.  256.2 through 
256.5.

0
69. Amend Sec.  256.7 by adding paragraph (j) to read as follows:


Sec.  256.7  Cross references.

* * * * *
    (j) For Bureau of Ocean Energy Management (BOEM) regulations, see 
30 CFR chapter V.


Sec. Sec.  256.8 through 256.12  [Removed]

0
70. Remove reserved Sec. Sec.  256.8 through 256.12.

Subparts B Through I [Removed]

0
71. Remove reserved subparts B Through I.

Subparts J Through L [Redesignated as Subparts B through D]

0
72. Redesignate subparts J through L as subparts B through D 
respectively.


Sec. Sec.  256.62 through 256.68, Sec.  256.76, and Sec.  
256.80  [Removed]

0
73. Remove reserved Sec. Sec.  256.62 through 256.68, Sec.  256.76, and 
Sec.  256.80.

Subparts M and N [Removed]

0
74. Remove reserved subparts M and N.

PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR 
ON THE OUTER CONTINENTAL SHELF

0
75. The authority citation for part 280 continues to read as follows:

    Authority: 43 U.S.C. 1334.


Sec.  280.25  [Amended]

0
76. Amend Sec.  280.25, paragraph (a)(2), by removing the word ``our'' 
and adding in its place ``the''.


Sec.  280.28  [Amended]

0
77. Amend Sec.  280.28, paragraph (a), by adding ``Bureau of Ocean 
Energy Management'' before ``Regional Director''.

PART 282--OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS 
OTHER THAN OIL, GAS, AND SULPHUR

0
78. The authority citation for part 282 continues to read as follows:

    Authority:  43 U.S.C. 1334.

0
79. Amend Sec.  282.0 by designating the existing paragraph as 
paragraph (a), by removing in that paragraph the number ``1010-0081'' 
and adding in its place ``1014-0021'', and by adding new paragraph (b) 
to read as follows:


Sec.  282.0  Authority for information collection.

* * * * *
    (b) Send comments regarding any aspect of the collection of 
information under this part, including suggestions for reducing the 
burden, to: Information Collection Clearance Officer, Bureau of Safety 
and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.


Sec.  282.3  [Amended]

0
80. Amend Sec.  282.3, in the definition of Geological sample, by 
removing ``overylying'' and adding in its place ``overlying''.

0
81. Amend Sec.  282.13 by revising paragraphs (d) and (e)(2) to read as 
follows:


Sec.  282.13  Suspension of production or other operations.

* * * * *

[[Page 36154]]

    (d) The Director may, at any time within the period prescribed for 
a suspension or temporary prohibition issued pursuant to paragraph 
(b)(2) of this section, require the lessee to submit a Delineation, 
Testing, or Mining Plan to the Bureau of Ocean Energy Management for 
approval in accordance with the requirements for the approval of such 
plans in part 582 of this title.
    (e) * * *
    (2) When the Director determines that measures are necessary, on 
the basis of the results of the studies conducted in accordance with 
paragraph (e)(1) of this section and other information available to and 
identified by the Director, the lessee will be required to take 
appropriate measures to mitigate, avoid, or minimize the damage or 
potential damage on which the suspension or temporary prohibition is 
based. In choosing between alternative mitigation measures, the 
Director will balance the cost of the required measures against the 
reduction or potential reduction in damage or threat of damage or harm 
to life (including fish and other aquatic life), to property, to any 
mineral deposits (in areas leased or not leased), to the National 
security or defense, or to the marine, coastal, or human environment. 
When deemed appropriate by the Director, the lessee must submit to the 
Bureau of Ocean Energy Management a revised Delineation, Testing, or 
Mining Plan that incorporates the mitigation measures required by the 
Director.
* * * * *


Sec.  282.14  [Amended]

0
82. Amend Sec.  282.14(c) by revising ``$10,000'' to read ``$40,000''.


Sec.  282.27  [Amended]

0
83. Revise Sec.  282.27(d)(2) to read as follows:


Sec.  282.27  Conduct of operations.

* * * * *
    (d) * * *
    (2) A lessee shall, on request by the Director, furnish food, 
quarters, and transportation for BSEE representatives to inspect its 
facilities. Upon request, you will be reimbursed by BSEE for the actual 
costs that you incur as a result of providing transportation to BSEE 
representatives. In addition, you will be reimbursed for the actual 
costs that you incur for providing food and quarters for a BSEE 
representative's stay of more than 12 hours. You must submit an invoice 
for reimbursement within 90 days of the inspection.
* * * * *

PART 290--APPEAL PROCEDURES

0
84. Revise the authority citation for part 290 to read as follows:

    Authority: 5 U.S.C. 305; 43 U.S.C. 1334.

0
85. Revise Sec.  290.4(b)(1) to read as follows:


Sec.  290.4  How do I file an appeal?

* * * * *
    (b) * * *
    (1) You must pay electronically through the Fees for Services page 
on the BSEE Web site at https://www.bsee.gov, and you must include a 
copy of the Pay.gov confirmation receipt page with your Notice of 
Appeal.
* * * * *

PART 291--OPEN AND NONDISCRIMINATORY ACCESS TO OIL AND GAS 
PIPELINES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT

0
86. The authority citation for part 291 continues to read as follows:

    Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.

0
87. Amend part 291, in Sec. Sec.  291.103 introductory text, 
291.106(a), 291.107(a) and (b)(1), and 291.109(a)(1) and (b), by 
revising ``Office of Policy Analysis'' to read ``Office of Policy and 
Analysis''.


Sec.  291.1  [Amended]

0
88. Amend Sec.  291.1 in paragraph (a), by removing ``1010-0172'' and 
adding in its place ``1014-0012'' and in paragraph (e), by removing 
``381 Elden Street, Herndon, VA 20170'' and adding in its place ``45600 
Woodland Road, Sterling, VA 20166''.


Sec.  291.107  [Amended]

0
89. Amend Sec.  291.107, paragraph (b)(1), by removing ``(202)-208-
3530);'' and adding in its place ``(202) 208-1901);''.

0
90. Amend Sec.  291.108 by revising paragraph (a) to read as follows:


Sec.  291.108  How do I pay the processing fee?

    (a) You must pay the processing fee electronically through the Fees 
for Services page on the BSEE Web site at https://www.bsee.gov, and you 
must include a copy of the Pay.gov confirmation receipt page with your 
complaint.
* * * * *
[FR Doc. 2016-12487 Filed 6-3-16; 8:45 am]
 BILLING CODE 4310-VH-P

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