[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Proposed Rules]
[Pages 35372-35396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11641]



[[Page 35371]]

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Part IV





Department of the Interior





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Minerals Management Service



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30 CFR Part 250



Oil and Gas and Sulphur Operations in the Outer Continental Shelf--
Plans and Information; Proposed Rule

  Federal Register/Vol. 67, No. 96/Friday, May 17, 2002/Proposed 
Rules  

[[Page 35372]]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010-AC47


Oil and Gas and Sulphur Operations in the Outer Continental 
Shelf--Plans and Information

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would reorganize and update the 
requirements and processes for submitting various plans and information 
for MMS review and approval before a lessee or an operator may explore, 
develop, or produce oil and gas and sulphur in the Outer Continental 
Shelf (OCS).

DATES: We will consider all comments received by August 15, 2002. We 
will begin reviewing comments then and may not fully consider comments 
we receive after August 15, 2002.

ADDRESSES: If you wish to comment, you may mail or hand-carry comments 
(three copies) to the Department of the Interior; Minerals Management 
Service; Mail Stop 4024; 381 Elden Street; Herndon, Virginia 20170-
4817; Attention: Rules Processing Team (RPT). If you wish to e-mail 
comments, the e-mail address is: [email protected]. Reference 
Plans and Information in your e-mail subject line. Include your name 
and return address in your e-mail message and mark your message for 
return receipt.
    Mail or hand-carry comments with respect to the information 
collection burden of the proposed rule to the Office of Information and 
Regulatory Affairs; Office of Management and Budget; Attention: Desk 
Officer for the Department of the Interior (OMB control number 1010-
NEW); 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kumkum Ray, Engineering and Operations 
Division, (703) 787-1600.

SUPPLEMENTARY INFORMATION: The current regulations at 30 CFR part 250, 
subpart B, are structured into five broad sections: General 
Requirements, Preliminary Activities, Well Location and Spacing, 
Exploration Plan, and Development and Production Plan. This rule would 
reorganize and clarify the requirements pertaining to Exploration Plans 
(EP), Development and Production Plans (DPP), and Development 
Operations Coordination Documents (DOCD). It also would add sections to 
describe Deepwater Operations Plans (DWOP) and Conservation Information 
Documents (CID). The rule would provide more descriptive headings under 
which a large number of separate sections would state the current 
requirements clearly and concisely and in a more logical order. In 
writing this rule, we focused on:
     Clarifying and updating the review process;
     Providing a concise list of the contents of EP, 
DPP, and DOCD (plan) submissions; and
     Detailing the accompanying information that 
operators must submit to support their plans.

Authorship of the Rule

    The rule was written by the MMS Subpart B Team. Members of the team 
are Allen Adams (Office of Environmental Evaluation/Pacific OCS 
Region), Maureen Bornholdt (Headquarters/Environmental Division), 
Phyllis Casey (Operations/Alaska OCS Region), James Grant (Operations/
Pacific OCS Region), Bonnie LaBorde Johnson (Leasing and Environment/
Gulf of Mexico (GOM) OCS Region), and Kent Stauffer (Field Operations/
GOM OCS Region), with Kumkum Ray (Headquarters/Engineering and 
Operations Division) as team leader. David Zinzer (Headquarters/
Resource Evaluation Division) contributed on geologic and geophysical 
(G&G) issues.
    We wrote this proposed rule in a plain-language format. We have 
tried to set out these requirements in a straightforward and 
uncomplicated way. The plain-language format uses the term ``you,'' (or 
``I'' in questions), which means the lessee, assignee of a lessee, 
operating rights holder, or a person acting on behalf of any of those 
persons. (See 30 CFR Sec. 250.105.) We emphasize that ``you'' are 
responsible for ensuring that all requirements are met. We encourage 
your comments on our use of the plain-language format in this rule as 
well as future rulemaking.

Notice to Lessees and Operators (NTL) for the GOM OCS Region

    After the proposed rule is published, we will post a companion 
draft NTL for the GOM OCS Region on our website at www.mms.gov. This 
NTL will further interpret the requirements in the proposed rule 
regarding the information you must submit for MMS determinations, 
analyses, and approvals of EPs and DOCDs as they would apply 
specifically to leases and units in the GOM OCS Region. It will also 
explain how the GOM OCS Region would implement proposed Sec. 250.201(c) 
with respect to limiting submission of information that is not needed 
in particular cases.

Background

    On April 1, 1988, we published final regulations (30 CFR part 250) 
that govern oil, gas, and sulphur exploration, development, and 
production requirements for operations on the OCS. The regulations were 
divided into subparts A through P. Each subpart was further divided 
into sections. Recently, we began rewriting the regulations to improve 
clarity, and the need for additional and shorter sections became acute. 
Therefore, on May 29, 1998 (63 FR 29487), we published a final rule 
redesignating the sections of 30 CFR part 250 ``Oil and Gas and Sulphur 
Operations in the Outer Continental Shelf.'' That rulemaking action 
allotted 100 sections to each subpart and provided the flexibility to 
better organize our regulations.
    As further background, MMS has issued NTLs and Letters to Lessees 
and Operators (LTLs) to explain and clarify its regulations. We no 
longer issue LTLs, and we issue NTLs only when necessary. We rescind 
NTLs that have served their short-term purpose and now regularly review 
our long-term NTLs--both regional and national--to keep them up-to-date 
and to ensure their accuracy and applicability.
    MMS must comply with the National Environmental Policy Act (NEPA), 
its implementing regulations issued by the Council on Environmental 
Quality at 40 CFR parts 1500 through 1508, and policies of the 
Department of the Interior (DOI) and MMS. According to NEPA 
requirements, MMS must prepare an Environmental Assessment (EA) in 
connection with its review of plans for activities on the OCS. The 
contents of plans must be sufficient to support a sound analysis of 
potential environmental impacts that may result from the proposed 
activity. The appropriate MMS Region prepares these analyses for every 
plan received.
    However, the NEPA regulations (40 CFR 1508.4) do allow agencies to 
exclude categories of actions from the preparation of an EA or an 
Environmental Impact Statement (EIS) when agency procedures have 
demonstrated these actions--individually or cumulatively--do not have a 
significant effect on the environment.
    MMS follows the procedures outlined in the DOI's Departmental 
Manual (516 DM 15) to categorically exclude (``CATEX'') routine OCS 
lease or unit plans in the Western and Central GOM Planning Areas 
unless certain

[[Page 35373]]

exceptions are present. Some exceptions pertain to the nature of the 
proposed activity and others to the nature of potential environmental 
impacts that may result from the activity. When we process plans using 
a Categorical Exclusion Review (CER), we review the proposed activity 
and the potential environmental impacts at the proposed site. These do 
not require MMS to prepare an EA, and we limit the information that you 
are required to submit. We prepare an EA in our review of plans that 
meet the criteria of any of the specified exceptions to the CATEX 
criteria, and, in those cases, you are required to submit a full suite 
of information. As required by NEPA, if our EA concludes that 
significant impacts will result from the proposed activity, we will 
prepare an EIS.
    Whether MMS reviews plans through the CER or EA process, we require 
that environmental impacts are avoided or diminished to an acceptable 
level through plan amendments and/or conditions we impose in the plan 
approval.
    In addition to supporting the environmental analyses, MMS needs the 
information included in a plan to demonstrate that the proposed 
activity will not violate pertinent Federal laws intended to protect 
the marine, coastal, and human environment (Coastal Zone Management Act 
(CZMA), Clean Air Act, Endangered Species Act, Marine Mammal Protection 
Act, National Historic Preservation Act, etc.).

Proposed Changes to Subpart B Regulations

    In rewriting subpart B, we incorporated many of the detailed 
procedures and processes that were addressed previously in LTLs and 
NTLs. Thus, although the proposed rule may appear to contain many 
changes from the text of the current 30 CFR part 250, subpart B, 
including expanded lists of data and information to be submitted, the 
rewritten regulations basically would reflect current requirements and 
ongoing practices as conveyed to operators via NTLs and former LTLs.
    There are, however, some new or expanded areas. Following is a list 
of the major changes we are proposing in this rule:
    (1) Definitions--250.200: We added definitions to explain certain 
terms used in the rule. Note that the terms ``amendment,'' 
``modification,'' and ``revised OCS plan'' (revision) are not used 
synonymously in the rule and are used to distinguish certain types of 
changes that can be made to a pending or approved OCS plan. For ease of 
reference, we provided the definitions for ``exploration,'' 
``development,'' and ``production'' verbatim from 30 CFR part 250, 
subpart A (Sec. 250.105).
    (2) Conservation--Sec. 250.203 and 250.204: We have added language 
to further clarify and emphasize conservation practices. This language 
will ensure the proper development of economically producible 
reservoirs according to sound conservation, engineering, and economic 
practices.
    (3) Comprehensive Environmental Management Plan--
Sec. 250.201(c)(3): The rule proposes to allow a lessee or operator to 
submit a comprehensive environmental management plan in lieu of 
repetitive submissions of the same environmental data and information 
for each lease or unit in the same/similar environment. Such plans are 
increasing in use and form part of the ongoing management process of 
many lessees/operators. We welcome your views on this concept and how 
it could be implemented to be effective.
    (4) Electronic Filing--Sec. 250.206(c): The proposed regulations 
allow for electronic filing of EPs, DOCDs, DPPs, and their accompanying 
information to expedite their review.
    (5) Ancillary Activities--Sec. 250.207 to 250.210: With respect to 
those activities you conduct, without approval of an application or 
permit, to obtain information to ensure proper exploration or 
development of your lease or unit, the current regulations only address 
``preliminary'' activities that are conducted prior to submitting an 
EP, DPP, or DOCD. We are not using the term ``preliminary activities'' 
in the proposed rule. Instead, we use the term ``ancillary'' 
activities, and the proposed rule covers ancillary activities that 
could be conducted ``after,'' as well as before, you submit an EP, DPP, 
or DOCD to MMS. We also added the terms ``development geophysical 
activities'' and ``geophysical and geological explorations'' to clarify 
certain types of ancillary activities.
    (6) Written Notice--Sec. 250.208: The rule contains requirements on 
conducting certain on-lease G&G explorations or development geophysical 
activities that are ancillary activities. Lessees must give MMS a 
written notice before beginning any such ancillary activities, 
including those conducted after an OCS plan is approved. This is not a 
new requirement. Various NTLs describe this notice. The notice enables 
us to better ensure safe use and environmental protection of the OCS 
with respect to certain G&G activities. Notification also makes us 
aware of significant sets of valuable data that we could and should 
incorporate into MMS analyses and MMS-funded studies.
    (7) Other Requirements Related to Notice of Certain Ancillary 
Activities--Sec. 250.208(c) and 250.209: Along with the notice 
requirement, lessees and operators may be required to prepare and 
submit a report; retain certain data and information; and notify other 
users of the OCS before conducting ancillary activities.
    (8) Detailing Accompanying Information--Sec. 250.212 and 250.242: 
The rule details what information must accompany EPs, DPPs, and DOCDs. 
We make our decision to approve, require modification of, or disapprove 
OCS plans based on our evaluation of the accompanying information, as 
well as the plan contents. If MMS determines that a plan has inadequate 
accompanying information, or if it omits accompanying information, then 
we will not deem it submitted.
    The proposed rule clarifies that our adequacy review will not begin 
until we receive both the OCS plan and its accompanying information. 
Our objective is efficiency--so that lessees and operators provide MMS 
with all required information for OCS Lands Act, NEPA, and CZMA 
purposes at the beginning of the process. These regulations and the 
related draft NTL notify industry ``up front'' of the information 
needed for expeditious review of an OCS plan, thereby reducing the need 
for additional filings and costly delays. This will benefit industry 
and MMS long-term, particularly in those cases when an EA is required.
    (9) Detailing Cooling Water Intake Information--Sec. 250.217 and 
250.248: The rule contains new requirements for EPs, DPPs, and DOCDs, 
which briefly summarize information on cooling water intake structures 
and mitigation measures for reducing adverse environmental impacts and 
biofouling of intake structures.
    (10) Environmental Impact Analysis (EIA)--Sec. 250.227 and 250.261: 
Environmental information ``reports'' are currently required for CZMA 
and NEPA purposes and to determine compliance with other Federal laws. 
The rule replaces these environmental reports with a reference to 
applicable regulations at 15 CFR 930 for required CZMA information and 
an EIA for use in our NEPA analysis. The EIA information will aid but 
not replace MMS's NEPA evaluation.
    (11) Change in Timeframes for Deemed-submitted Review--Sec. 250.231 
and 250.266: The rule increases the time MMS can take to determine if a 
plan is deemed submitted from 10 to 15 working days for EPs, and from 
20 to 25

[[Page 35374]]

working days for DPPs and DOCDs. The OCS Lands Act requires MMS to make 
a decision on plans within 30 days after they are submitted. However, 
as noted above, if we determine during our review that information is 
missing or not adequate for us to make a decision, the plan will not be 
deemed to have been submitted. Allowing adequate time before the 
decisionmaking period starts to determine that the plan and 
accompanying information fulfill requirements and are sufficiently 
accurate, can avoid multiple delays later in the review process and is 
more efficient.
    (12) Development Operations Coordination Document (DOCD)--
Sec. 250.241: The proposed rule would treat DPPs and DOCDs the same 
way. DOCDs are submitted for the Western GOM only. Current regulations 
state that any information submitted in DOCDs under the provisions at 
Sec. 250.204(d)(1) and (d)(2) ``shall be considered a Development and 
Production Plan for the purpose of references in any law, regulation, 
lease provision, agreement, or other document referring to the 
preparation or submission of a plan.'' Therefore, MMS proposes to deal 
with them together.
    (13) Deepwater Operations Plans (DWOP)--Sec. 250.288 to 295: We 
added several new sections pertaining to DWOPs. NTL 2000-N06 currently 
outlines the procedures for these plans. The DWOP provides us with 
information specific to floating production system and subsea equipment 
issues to demonstrate that such a project is being planned in an 
acceptable manner. The proposed rule incorporates the NTL procedures.
    (14) Conservation Information Documents (CID)--Sec. 250.296 to 299: 
We added a few sections pertaining to CIDs. NTL 2000-N05 currently 
outlines the procedures for these documents. We have added a statement 
to re-emphasize our commitment to conservation. The proposed rule 
incorporates the NTL procedures.

Derivation Table

    The derivation table below shows where the proposed requirements 
come from in relation to the current sections.

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             Proposed new section and title                                  Current section
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250.200  Definitions...................................  New.
250.201  What plans and information must I submit        250.200; 250.203(b)(21), (c), and (d); 250.204(b)(17),
 before I conduct any activities on my lease or unit?.    (c), and (e).
250.202  What criteria must the Exploration Plan (EP),   New.
 Development and Production Plan (DPP), or Development
 Operations Coordination Document (DOCD) meet?
250.203  Where can wells be located under an EP, DPP or  250.202(a).
 DOCD?.
250.204  How must I protect MMS' rights?...............  250.202(b) and (c).
250.205  Are there special requirements if my well       250.202(b).
 affects an adjacent property?.
250.206  How do I submit the EP, DPP, or DOCD?.........  New.
250.207  What ancillary activities may I conduct?......  250.201.
250.208  If I conduct ancillary activities, what         250.201.
 notices must I provide?.
250.209  What is the MMS review process for the notice?  New.
250.210  If I conduct ancillary activities, what         New.
 reporting and data/information retention requirements
 must I satisfy?
250.211  What must the EP include?.....................  250.203(a).
250.212  What information must accompany the EP?.......  250.203(b).
250.213  What general information must accompany the     250.203(b)(4), (6), and (20).
 EP?.
250.214  What geological and geophysical (G&G)           250.203(b).
 information must accompany the EP?.
250.215  What hydrogen sulfide (H2S) information must    250.203(b)(5).
 accompany the EP?.
250.216  What biological, physical, and socioeconomic    250.203(b)(10) through (b)(15).
 information must accompany the EP?.
250.217  What solid and liquid wastes and discharges     250.203(b)(9) New.
 information and cooling water intake information must
 accompany the EP?
250.218  What air emissions information must accompany   250.203(b)(19).
 the EP?.
250.219  What oil and hazardous substance spills         250.203(b)(2).
 information must accompany the EP?.
250.220  If I propose activities in the Alaska OCS       250.203(a)(2).
 Region, what planning information must accompany the
 EP?
250.221  What environmental monitoring information must  250.203(b)(16).
 accompany the EP?.
250.222  What lease stipulations information must        250.203(b)(3).
 accompany the EP?.
250.223  What mitigation measures information must       New.
 accompany the EP?.
250.224  What information on the support vessels,        250.203(b)(7).
 offshore vehicles, and aircraft you will use must
 accompany the EP?
250.225  What information on the onshore support         250.203(b)(7) and (8).
 facilities you will use must accompany the EP?.
250.226  What Coastal Zone Management Act (CZMA)         250.203(b)(18).
 certification must accompany the EP?.
250.227  What environmental impact analysis (EIA)        250.203(b)(17).
 information must accompany the EP?.
250.228  What administrative information must accompany  New.
 the EP?.
250.231  After receiving the EP, what will MMS do?.....  250.203(e).
250.232  What actions will be taken after the EP is      250.203(f), (g), and (h).
 deemed submitted?.
250.233  What decisions will MMS make on the EP and      250.203(i), (j), and (m).
 within what timeframe?.
250.234  How do I submit a modified EP or resubmit a     250.203(k)(1) and (2).
 disapproved EP, and when will MMS make a decision?
250.235  If a State objects to the EP's coastal zone     250.203(l).
 consistency certification, what can I do?.
250.241  What must the DPP or DOCD include?............  250.204(a).
250.242  What information must accompany the DPP or      250.204(b).
 DOCD?.
250.243  What general information must accompany the     250.204(b)(7), (8)(ii), (15), and (16).
 DPP or DOCD?.
250.244  What geological and geophysical (G&G)           250.204(b)(1).
 information must accompany the DPP or DOCD?.
250.245  What hydrogen sulfide (H2S) information must    250.204(b)(2).
 accompany the DPP or DOCD?.
250.246  What mineral resource conservation information  250.204(b)(5).
 must accompany the DPP or DOCD?.
250.247  What biological, physical, and socioeconomic    250.204(b)(8)(v).
 information must accompany the DPP or DOCD?.

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250.248  What solid and liquid wastes and discharges     250.204(b)(8)(ii) and (b)(8)(iii) New.
 information and cooling water intakeinformation must
 accompany the DPP or DOCD?
250.249  What air emissions information must accompany   250.204(b)(14).
 the DPP or DOCD?.
250.250  What oil and hazardous substance spills         250.204(b)(3).
 information must accompany the DPP or DOCD?.
250.251  If I propose activities in the Alaska OCS       New.
 Region, what planning information must accompany the
 DPP?
250.252  What environmental monitoring information must  250.204(b)(8)(v)(H).
 accompany the DPP or DOCD?.
250.253  What lease stipulations information must        250.204(b)(4).
 accompany the DPP or DOCD?.
250.254  What mitigation measures information must       New.
 accompany the DPP or DOCD?.
250.255  What decommissioning information must           New.
 accompany the DPP or DOCD?.
250.256  What related facilities and operations          250.204(b)(8)(i).
 information must accompany the DPP or DOCD?.
250.257  What information on the support vessels,        250.204(b)(8)(i) (C).
 offshore vehicles, and aircraft you will use must
 accompany the DPP or DOCD?
250.258  What information on the onshore support         250.204(b)(8)(iv).
 facilities you will use must accompany the DPP or
 DOCD?
250.259  What sulphur operations information must        250.204(b)(9) and (10).
 accompany the DPP or DOCD?.
250.260  What Coastal Zone Management Act (CZMA)         250.204(b)(13).
 certification must accompany the DPP or DOCD?.
250.261  What environmental impact analysis (EIA)        250.204(b)(11).
 information must accompany the DPP or DOCD?.
250.262  What administrative information must accompany  New.
 the DPP or DOCD?.
250.266  After receiving the DPP or DOCD, what will MMS  250.204(f).
 do?.
250.267  What actions will be taken after the DPP or     250.204(g), (h), and (i).
 DOCD is deemed submitted?.
250.268  How does MMS respond to recommendations?......  250.204(h).
250.269  How will MMS evaluate the environmental         250.204(j) and (k).
 impacts of the DPP or DOCD?.
250.270  What decisions will MMS make on the DPP or      250.204(l), (m), and (p).
 DOCD and within what timeframe?.
250.271  For what reasons will MMS disapprove the DPP    250.204(l)(3).
 or DOCD?.
250.272  If a State objects to the DPP's or DOCD's       250.204(o)(2).
 coastal zone consistency certification, what can I do?.
250.273  How do I submit a modified DPP or DOCD or       250.204(n) and (o)(1).
 resubmit a disapproved DPP or DOCD?.
250.274  When can I expect a decision from MMS on the    250.204(n).
 modified or resubmitted DPP or DOCD?.
250.280  How must I conduct activities under the         250.200; 250.203(q); 250.204(r) and (u).
 approved EP, DPP, or DOCD?.
250.281  What must I do to conduct activities under the  250.203(p); 250.204(t).
 approved EP, DPP, or DOCD?.
250.282  Do I have to conduct post-approval monitoring?  250.203(o); 250.204(s)
250.283  When must I revise or supplement the approved   New.
 EP, DPP, or DOCD?.
250.284  How will MMS require revisions to the approved  250.203(n)(1); 250.204(q)(1).
 EP, DPP, or DOCD?.
250.285  How do I submit revised and supplemental EPs,   250.203(n)(2); 250.204(q)(2).
 DPPs, or DOCDs?.
250.288  When must I submit a DWOP?....................  New.
250.289  Why do I need to submit a DWOP?...............  New.
250.290  What are the three parts of a DWOP?...........  New.
250.291  What must the Conceptual Part of a DWOP         New.
 contain?.
250.292  What must the Preliminary Part of a DWOP        New.
 contain?.
250.293  What must the Final Part of a DWOP contain?...  New.
250.294  Where do I send the DWOP?.....................  New.
250.295  When will the Regional Supervisor approve or    New.
 disapprove the DWOP?.
250.296  When and why must I submit a CID?.............  New.
250.297  What information must a CID contain?..........  New.
250.298  How do I submit a CID?........................  New.
250.299  What decisions will MMS make on the CID?......  New.
----------------------------------------------------------------------------------------------------------------

Procedural Matters

Public Comments Procedures

    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There may be circumstances in which we 
would withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this prominently at the beginning of your comment. 
However, we will not consider anonymous comments. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Regulatory Planning and Review (Executive Order 12866)

    This proposed rule is not a significant rule under Executive Order 
12866. The Office of Management and Budget (OMB) has determined that it 
is not a significant rule and will not review the rule.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. The major purpose for this proposed rule is the 
restructuring of the rule and clarifying the regulatory language. The 
restructuring and plain-language revisions will not result in any 
economic effects to small or large entities. Some of the proposed 
technical revisions will have a minor economic effect on lessees and 
operators with respect to the paperwork requirements. Although we 
estimate a total annual paperwork burden of 267,880 hours for all 
entities, this includes an actual increase of only 7,510 hours. Using a 
standard hourly cost of $50 to determine the paperwork burden, the 
increase would be $375,500. Based on 130 lessees/operators, the average 
increase is approximately $2,900 per entity from the current 
regulation. These costs will not cause an annual effect on the economy 
of $100 million.

[[Page 35376]]

    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
does not affect how lessees or operators interact with other agencies. 
Nor does this rule affect how MMS will interact with other agencies.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. The rule only addresses the requirements and 
processes for submitting various plans and documents for MMS review and 
approval before an operator may explore, develop, or produce oil and 
gas in the OCS.
    (4) This rule does not raise novel legal or policy issues. The rule 
involves a new policy issue, that of requiring a written notice to MMS 
before beginning certain ancillary activities and any G&G activity 
under a plan, but the new policy decision is not ``novel.'' Under our 
regulations at 30 CFR part 251, MMS requires an application for a 
permit or the filing of a notice before allowing certain types of 
prelease G&G activities. The new requirement in the rule would enable 
MMS to better ensure safe use and environmental protection of the OCS. 
Notification would enable MMS to be aware of significant sets of 
valuable data that could and should be incorporated into MMS analyses 
and MMS-funded studies.

Regulatory Flexibility (RF) Act

    The Department of the Interior certifies that this proposed rule 
will not have a significant economic effect on a substantial number of 
small entities under the RF Act (5 U.S.C. 601 et seq.). This rule 
applies to all lessees that operate on the OCS. Small lessees that 
operate under this rule would fall under the Small Business 
Administration's (SBA) North American Industry Classification System 
Codes 211111, Crude Petroleum and Natural Gas Extraction and 213111, 
Drilling Oil and Gas Wells. Under these codes, SBA considers all 
companies with fewer than 500 employees to be a small business. We 
estimate that of the 130 lessees that explore for and produce oil and 
gas on the OCS, approximately 90 are small businesses (70 percent). The 
primary economic effect of the revised subpart B on small businesses is 
the cost associated with information collection activities. The rule is 
a plain-language rewrite of 30 CFR part 250, subpart B, and contains 
virtually all the same reporting and recordkeeping requirements and 
attendant costs as the existing regulations. The changes in reporting 
requirements will not significantly increase the information collection 
hour burden on respondents--large or small. We estimate an annual 
increase of 7,510 hours in the paperwork burden from that imposed by 
the current regulations. Using a standard hourly cost of $50, this 
represents a cost burden increase of $375,500. The following is a 
breakdown of the paperwork cost burden associated with the new or 
expanded requirements:
     Respondents may be required to submit a report 
that summarizes and analyzes information obtained or derived from 
ancillary activities. We estimate the burden would only be to provide 
MMS copies of the company documentation and report and would be 1 hour 
or $50 per report. We estimate 20 reports annually, for a cost burden 
increase of $1,000.
     We estimate the overall average burden of a plan 
(EP, DPP, or DOCD) to increase by approximately 20 hours or $1,000 per 
plan. We estimate 260 EPs and 100 DPPs or DOCDs, for a total of 360 
plans or a cost burden increase of $360,000.
     Respondents may be required to submit monitoring 
plans for approval before beginning work estimated to take 1 hour or 
$50 per plan. We estimate 30 plans annually, for a cost burden increase 
of $1,500.
     Respondents may be required to retain copies of 
all monitoring data obtained or derived from monitoring programs. The 
burden would only be to make the information available to MMS. We 
estimated a burden of 2 hours or $100 annually per respondent and the 
number of respondents to be 130. The estimated annual cost burden 
increase would be $13,000.
    Adding the increased paperwork cost burden amounts, we have a total 
of $375,000. ($1,000 + $360,000 + $1,500 + $13,000 = $375,500.) Thus, 
based on 130 lessees/operators, the average increase is $2,900, for 
both large and small entities.
    As discussed above, we do not believe that this rule will have a 
significant impact on the lessees who explore for and produce oil and 
gas on the OCS, including those that are classified as small 
businesses.
    Your comments are important. The Small Business and Agriculture 
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were 
established to receive comments from small businesses about Federal 
agency enforcement actions. The Ombudsman will annually evaluate the 
enforcement activities and rate each agency's responsiveness to small 
business. If you wish to comment on the enforcement actions of MMS, 
call toll-free (888) 734-3247.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under (5 U.S.C. 804(2)) the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. As described above, we estimate an annual increase of $2,900 
per respondent. These costs will not cause an annual effect on the 
economy of $100 million.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The minor increase in cost will not 
change the way the oil and gas industry conducts business, nor will it 
affect regional oil and gas prices; therefore, it will not cause major 
cost increases for consumers, the oil and gas industry, or any 
Government agencies.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or ability of United 
States-based enterprises to compete with foreign-based enterprises. All 
lessees and drilling contractors, regardless of nationality, will have 
to comply with the requirements of this rule. So the rule will not 
affect competition, employment, investment, productivity, innovation, 
or the ability of United States-based enterprises to compete with 
foreign-based enterprises.

Paperwork Reduction Act (PRA) of 1995

    The rule contains a collection of information that has been 
submitted to OMB for review and approval under Sec. 3507(d) of the PRA. 
The title of the collection of information for this rule is ``Proposed 
Rulemaking--30 CFR 250, Subpart B--Outer Continental Shelf Plans'' (OMB 
control number 1010-NEW). Respondents include approximately 130 Federal 
OCS oil and gas or sulphur lessees and operators. The frequency of 
response is on occasion. Responses to this collection of information 
are mandatory. MMS will protect proprietary information according to 
the Freedom of Information Act and 30 CFR 250.196, ``Data and 
information to be made available to the public.''
    The information collection burden in the current subpart B 
regulations is approved by OMB under control number 1010-0049. The 
following details the proposed changes to the information collection 
requirements of the current regulations:
    Section 250.208--Ancillary Activities Notice. Before beginning 
certain

[[Page 35377]]

``ancillary'' activities and any G&G activity approved under a plan, 
respondents must notify MMS. Under the current regulations, respondents 
notify MMS of certain types of ``preliminary'' activities. The rule 
revises the current procedures to include notifying MMS both before 
(preliminary) and after submitting a plan. The proposed rule also 
incorporates current procedures that respondents also may be required 
to notify other users of the OCS before conducting ancillary 
activities. However, the burden for these notifications is included 
under the current subpart B information collection approval. Therefore, 
the rule would not impose additional burden hours (no change).
    Section 250.210(a)--Ancillary Activities Report. Respondents may be 
required to submit a report that summarizes and analyzes information 
obtained or derived from ancillary activities. Although this is a new 
reporting requirement, companies conducting ancillary activities 
prepare their own internal reports to document the results of these 
activities in the normal course of doing business. We estimate the 
burden would be only to provide MMS copies of the company documentation 
and report (plus 1 hour per report).
    Section 250.210(b)--Ancillary Activities Recordkeeping. The rule 
incorporates records retention specified in current NTLs and former 
LTLs for all survey and study information and data obtained or derived 
from ancillary activities (preliminary activities), including 
information from previous leaseholders or unit operators. The burden 
for this recordkeeping activity has been approved under the current 
subpart B information collection approval. Therefore, the rule would 
not impose additional burden hours (no change).
    Section 250.211 through 250.228 and sections 250.241 through 
250.262--Contents of EPs, DPPs or DOCDs. In estimating the burden of 
the current regulations, we used 580 hours as the average paperwork 
burden for submitting a plan. That estimate included furnishing all of 
the information required in the plan, as well as the supporting detail 
(i.e., surveys, reports, studies, conservation information, forms used 
in the GOM OCS Region, etc.). The rule simply incorporates much of the 
information from current NTLs and former LTLs and imposes few new 
changes to the information submitted in the plans and accompanying 
information. The proposed GOM OCS Regional NTL includes one new form 
(Environmental Impact Analysis Matrix) for use in this region. The 
amended regulations should have minimal impact on the overall average 
burden of submitting a plan (plus 20 hours per plan).
    Section 250.282--Monitoring Recordkeeping. Respondents may be 
required to retain copies of all monitoring data obtained or derived 
from monitoring programs. As with recordkeeping for ancillary 
activities, respondents would retain this information in the normal 
course of business. The burden would only be to make the information 
available to MMS, if requested (2 hours annually per respondent).
    Section 250.282(a)--Monitoring Plans. Respondents may be required 
to submit monitoring plans for approval before beginning work (1 hour 
per plan).
    Section 250.288 through section 250.299--DWOPs and CIDs. Although 
these are being incorporated into the regulations from current NTLs, 
the burden has been covered under the burden for current subpart B 
information collection approval. Therefore, the rule would not impose 
additional burden hours (no change).
    We estimate the total annual reporting and recordkeeping ``hour'' 
burden for the rule will be 267,880 hours, of which only 7,510 hours is 
for the revised paperwork requirements. Following is a breakdown of the 
burden estimate.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                                         Annual
 Citation 30 CFR 250 Subpart B        Reporting &       Hour burden per      Average annual number       burden
                                     recordkeeping        requirement                                    hours
----------------------------------------------------------------------------------------------------------------
200 through 206...............  General requirements      Burden included with specific requirements           0
                                 for plans and                              below
                                 information.
208...........................  Notify MMS and other                 10  20 notices..................        200
                                 users of the OCS
                                 before conducting
                                 ancillary activities.
210(a) [New]..................  Submit report                         1  20 reports..................         20
                                 summarizing &
                                 analyzing data/
                                 information obtained
                                 or derived from
                                 ancillary activities.
210(b)........................  Retain ancillary                      2  130 record-keepers..........        260
                                 activities data/
                                 information.
211 through 228 [Expanded]....  Submit EP and                       600  260 plans...................    156,000
                                 accompanying
                                 information
                                 (including forms MMS-
                                 137, MMS 138, MMS-NEW
                                 used in GOM OCS
                                 Region) and provide
                                 notifications.
232(d); 234; 235(a);            Submit amended,                      80  180 changed plans...........     14,400
 281(d)(3); 283; 284; 285.       modified, revised, or
                                 supplemental EP, or
                                 resubmit disapproved
                                 EP.
241 through 262 [Expanded]....  Submit DPP or DOCD and              600  100 plans...................     60,000
                                 accompanying
                                 information
                                 (including forms MMS-
                                 137, MMS 139, MMS-NEW
                                 used in GOM OCS
                                 Region) and provide
                                 notifications.
267(d); 272(a); 273, 283; 284;  Submit amended,                      82  215 changed plans...........     17,630
 285.                            modified, revised, or
                                 supplemental DPP or
                                 DOCD, or resubmit
                                 disapproved DPP or
                                 DOCD.
269(b)........................  Submit information on                 2  10 responses................         20
                                 preliminary plans for
                                 leases or units in
                                 vicinity of proposed
                                 development and
                                 production activities.
281(a)........................  Submit various           Burden included under appropriate subpart or          0
                                 applications and        form (1010-0044; 1010-0059; 1010-0058; 1010-
                                 permits.                                   0050).
282 [New].....................  Retain monitoring data/               2  130 record-keepers..........        260
                                 information.
282(a) [New]..................  Submit monitoring                     1  30 plans....................         30
                                 plans.
282(b)........................  Submit monitoring                     6  30 reports..................        180
                                 reports and data
                                 (including Form MMS-
                                 141 used in the GOM
                                 OCS Region).
288 through 294...............  Submit DWOP...........              580  17 plans....................      9,860
296 through 298...............  Submit CID............              300  30 documents................      9,000

[[Page 35378]]

 
200 through 299...............  General departure and                 2  10 requests.................         20
                                 alternative
                                 compliance requests
                                 not specifically
                                 covered elsewhere in
                                 subpart B regulations.
                                                                        -------------------------------
    Total Burden..............  1,182.................          267,880
----------------------------------------------------------------------------------------------------------------

    Information Collection Comments: As part of our continuing effort 
to reduce paperwork and respondent burdens, MMS invites the public and 
other Federal agencies to comment on any aspect of the reporting and 
recordkeeping burden. You may submit your comments directly to the 
Office of Information and Regulatory Affairs, OMB. Please provide MMS 
with a copy of your comments so that we can summarize all written 
comments and address them in the final rule preamble. Refer to the 
Addresses section for mailing instructions. You may obtain a copy of 
the supporting statement for the new collection of information by 
contacting the Bureau's Information Collection Clearance Officer at 
(202) 208-7744.
    The PRA provides that an agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number. Until OMB approves the collection of information and 
assigns an OMB control number, you are not required to respond. OMB is 
required to make a decision concerning the collection of information of 
this proposed regulation between 30 to 60 days after publication of 
this document in the Federal Register. Therefore, a comment to OMB is 
best assured of having its full effect if OMB receives it by June 17, 
2002. This does not affect the deadline for the public to comment to 
MMS on the proposed regulations.
    a. MMS specifically solicits comments on the following questions:
    (1) Is the proposed collection of information necessary for MMS to 
properly perform its functions, and will it be useful?
    (2) Are the estimates of the burden hours of the proposed 
collection reasonable?
    (3) Do you have any suggestions that would enhance the quality, 
clarity, or usefulness of the information to be collected?
    (4) Is there a way to minimize the information collection burden on 
those who are to respond, including the use of appropriate automated 
electronic, mechanical, or other forms of information technology?
    b. In addition, the PRA requires agencies to estimate the total 
annual reporting and recordkeeping ``non-hour cost'' burden resulting 
from the collection of information. We have not identified any, and we 
solicit your comments on this item. For reporting and recordkeeping 
only, your response should split the cost estimate into two components:
    (1) Total capital and start-up cost component, and (2) annual 
operation, maintenance, and purchase of services component. Your 
estimates should consider the costs to generate, maintain, and disclose 
or provide the information. You should describe the methods you use to 
estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Generally, your 
estimates should not include equipment or services purchased: before 
October 1, 1995; to comply with requirements not associated with the 
information collection; for reasons other than to provide information 
or keep records for the Government; or as part of customary and usual 
business or private practices.

Federalism (Executive Order 13132)

    According to Executive Order 13132, this rule does not have 
Federalism implications. This rule does not substantially and directly 
affect the relationship between the Federal and State Governments. The 
rule applies to lessees that operate on the OCS. This rule does not 
impose costs on States or localities. Any costs will be the 
responsibility of the lessees/operators.

Takings Implication Assessment (Executive Order 12630)

    According to Executive Order 12630, the rule does not have 
significant Takings implications. A Takings Implication Assessment is 
not required. The rule revises existing operation regulations. It does 
not prevent any lessee, operator, or drilling contractor from 
performing operations on the OCS, provided they follow the regulations. 
Thus, MMS did not need to prepare a Takings Implication Assessment 
according to Executive Order 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Energy Supply, Distribution, or Use (Executive Order 13211)

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866. The 
rule does not have a significant effect on energy supply, distribution, 
or use because the major purpose for this rule is the restructuring of 
the rule and clarifying regulatory language. The rule addresses the 
requirements and processes for submitting various plans and documents 
for MMS approval before an operator may explore, develop, or produce 
oil and gas in the OCS and contains virtually all the same reporting 
and recordkeeping requirements and attendant costs as the existing 
regulations. There are some new or expanded areas of this rule that 
will only be incorporated into a final rule after a thorough analysis 
of public comments we receive.

Civil Justice Reform (Executive Order 12988)

    According to Executive Order 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and does meet the requirements of sections 3(a) and 3(b)(2) of the 
Order.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. An environmental impact 
statement is not required.

Unfunded Mandates Reform Act (UMRA) of 1995 (Executive Order 12866)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have any Federal mandates nor does the rule 
have a significant or unique effect on State, local, or tribal 
governments or the

[[Page 35379]]

private sector. A statement containing the information required by the 
UMRA (2 U.S.C. 1531 et seq.) is not required.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interfere with its clarity?
    (3) Does the format of the rule (grouping and order of sections, 
use of headings, paragraphing, etc.) aid or reduce its clarity?
    (4) Would the rule be easier to understand if it were divided into 
more (but shorter) sections?
    (5) Is the description of the rule in the Supplementary Information 
section of this preamble helpful in understanding the rule? What else 
can we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected]

List of Subjects in 30 CFR Part 250

    Environmental impact statements, Environmental protection, 
Government contracts, Incorporation by reference, Investigations, 
Mineral royalties, Oil and gas development and production, Oil and gas 
exploration, Oil and gas reserves, Outer continental shelf, Penalties, 
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and 
production, Sulphur exploration, Surety bonds.

    Dated: April 23, 2002.
Rebecca W. Watson,
Assistant Secretary, Land and Minerals Management.

    For reasons stated in the preamble, the Minerals Management Service 
(MMS) proposes to amend 30 CFR part 250 as follows:

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

    1. The authority citation for part 250 continues to read as 
follows:

    Authority: 43 U.S.C. 1331 et seq.

    2. Subpart B and its title are revised to read as follows:
Subpart B--Plans and Information

General Information

Sec.
250.200   Definitions.
250.201   What plans and information must I submit before I conduct 
any activities on my lease or unit?
250.202   What criteria must the Exploration Plan (EP), Development 
and Production Plan (DPP), or Development Operations Coordination 
Document (DOCD) meet?
250.203   Where can wells be located under an EP, DPP or DOCD?
250.204   How must I protect MMS' rights?
250.205   Are there special requirements if my well affects an 
adjacent property?
250.206   How do I submit the EP, DPP, or DOCD?

Ancillary Activities

250.207   What ancillary activities may I conduct?
250.208   If I conduct ancillary activities, what notices must I 
provide?
250.209   What is the MMS review process for the notice?
250.210   If I conduct ancillary activities, what reporting and 
data/information retention requirements must I satisfy?

Contents of Exploration Plans (EP)

250.211   What must the EP include?
250.212   What information must accompany the EP?
250.213   What general information must accompany the EP?
250.214   What geological and geophysical (G&G) information must 
accompany the EP?
250.215   What hydrogen sulfide (H2S) information must 
accompany the EP?
250.216   What biological, physical, and socioeconomic information 
must accompany the EP?
250.217   What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the EP?
250.218   What air emissions information must accompany the EP?
250.219   What oil and hazardous substance spills information must 
accompany the EP?
250.220   If I propose activities in the Alaska OCS Region, what 
planning information must accompany the EP?
250.221   What environmental monitoring information must accompany 
the EP?
250.222   What lease stipulations information must accompany the EP?
250.223   What mitigation measures information must accompany the 
EP?
250.224   What information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany the EP?
250.225   What information on the onshore support facilities you 
will use must accompany the EP?
250.226   What Coastal Zone Management Act (CZMA) certification must 
accompany the EP?
250.227   What environmental impact analysis (EIA) information must 
accompany the EP?
250.228   What administrative information must accompany the EP?

Review and Decision Process for the EP

250.231   After receiving the EP, what will MMS do?
250.232   What actions will be taken after the EP is deemed 
submitted?
250.233   What decisions will MMS make on the EP and within what 
timeframe?
250.234   How do I submit a modified EP or resubmit a disapproved 
EP, and when will MMS make a decision?
250.235   If a State objects to the EP's coastal zone consistency 
certification, what can I do?

Contents of Development and Production Plans (DPP) and Development 
Operations Coordination Documents (DOCD)

250.241   What must the DPP or DOCD include?
250.242   What information must accompany the DPP or DOCD?
250.243   What general information must accompany the DPP or DOCD?
250.244   What geological and geophysical (G&G) information must 
accompany the DPP or DOCD?
250.245   What hydrogen sulfide (H2S) information must 
accompany the DPP or DOCD?
250.246   What mineral resource conservation information must 
accompany the DPP or DOCD?
250.247   What biological, physical, and socioeconomic information 
must accompany the DPP or DOCD?
250.248   What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the DPP or DOCD?
250.249   What air emissions information must accompany the DPP or 
DOCD?
250.250   What oil and hazardous substance spills information must 
accompany the DPP or DOCD?
250.251   If I propose activities in the Alaska OCS Region, what 
planning information must accompany the DPP?
250.252   What environmental monitoring information must accompany 
the DPP or DOCD?
250.253   What lease stipulations information must accompany the DPP 
or DOCD?
250.254   What mitigation measures information must accompany the 
DPP or DOCD?
250.255   What decommissioning information must accompany the DPP or 
DOCD?
250.256   What related facilities and operations information must 
accompany the DPP or DOCD?
250.257   What information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany the DPP or DOCD?
250.258   What information on the onshore support facilities you 
will use must accompany the DPP or DOCD?
250.259   What sulphur operations information must accompany the DPP 
or DOCD?
250.260   What Coastal Zone Management Act (CZMA) certification must 
accompany the DPP or DOCD?

[[Page 35380]]

250.261   What environmental impact analysis (EIA) information must 
accompany the DPP or DOCD?
250.262   What administrative information must accompany the DPP or 
DOCD?

Review and Decision Process for the DPP or DOCD

250.266   After receiving the DPP or DOCD, what will MMS do?
250.267   What actions will be taken after the DPP or DOCD is deemed 
submitted?
250.268   How does MMS respond to recommendations?
250.269   How will MMS evaluate the environmental impacts of the DPP 
or DOCD?
250.270   What decisions will MMS make on the DPP or DOCD and within 
what timeframe?
250.271   For what reasons will MMS disapprove the DPP or DOCD?
250.272   If a State objects to the DPP's or DOCD's coastal zone 
consistency certification, what can I do?
250.273   How do I submit a modified DPP or DOCD or resubmit a 
disapproved DPP or DOCD?
250.274   When can I expect a decision from MMS on the modified or 
resubmitted DPP or DOCD?

Post-Approval Requirements for the EP, DPP, and DOCD

250.280   How must I conduct activities under the approved EP, DPP, 
or DOCD?
250.281   What must I do to conduct activities under the approved 
EP, DPP, or DOCD?
250.282   Do I have to conduct post-approval monitoring?
250.283   When must I revise or supplement the approved EP, DPP, or 
DOCD?
250.284   How will MMS require revisions to the approved EP, DPP, or 
DOCD?
250.285   How do I submit revised and supplemental EPs, DPPs, or 
DOCDs?

Deepwater Operations Plans (DWOP)

250.288   When must I submit a DWOP?
250.289   Why do I need to submit a DWOP?
250.290   What are the three parts of a DWOP?
250.291   What must the Conceptual Part of a DWOP contain?
250.292   What must the Preliminary Part of a DWOP contain?
250.293   What must the Final Part of a DWOP contain?
250.294   Where do I send the DWOP?
250.295   When will the Regional Supervisor approve or disapprove 
the DWOP?

Conservation Information Documents (CID)

250.296   When and why must I submit a CID?
250.297   What information must a CID contain?
250.298   How do I submit a CID?
250.299   What decisions will MMS make on the CID?

General Information


Sec. 250.200  Definitions.

    Acronyms and terms used in this subpart have the following 
meanings:
    (a) Acronyms used frequently in the rule are alphabetically listed 
here:
    CID means Conservation Information Document
    CZM means Coastal Zone Management
    DOCD means Development Operations Coordination Document
    DPP means Development and Production Plan
    DWOP means Deepwater Operations Plan
    EIA means Environmental Impact Analysis
    EP means Exploration Plan.
    NPDES means National Pollutant Discharge Elimination System
    NTL means Notice to Lessees and Operators
    (b) Terms used in this subpart are listed here:
    Act means the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et 
seq.
    Amendment means a change you make to an Exploration Plan, 
Development and Production Plan, or Development Operations Coordination 
Document that is pending before MMS for a decision (see Sec. 250.232(d) 
and 250.267(d)).
    Ancillary activities means those activities on your lease or unit 
that:
    (1) You conduct to obtain information to ensure the proper 
exploration or development of your lease or unit;
    (2) Do not need to be covered by an approved Exploration Plan (EP), 
Development and Production Plan (DPP), or Development Operations 
Coordination Document (DOCD); and
    (3) You can conduct without MMS approval of an application or 
permit.
    Development means those activities that take place following 
discovery of minerals in paying quantities, including but not limited 
to geophysical activity, drilling, platform construction, and operation 
of all directly related onshore support facilities, and which are for 
the purpose of producing the minerals discovered (see Sec. 250.105).
    Development geophysical activities means those geophysical and 
related data-gathering activities on your lease or unit that take place 
following discovery of oil, gas, or sulphur in paying quantities.
    Exploration means the commercial search for oil, gas, or sulphur. 
Activities classified as exploration include but are not limited to:
    (1) Geophysical and geological (G&G) surveys using magnetic, 
gravity, seismic reflection, seismic refraction, gas sniffers, coring, 
or other systems to detect or imply the presence of oil, gas, or 
sulphur; and
    (2) Any drilling conducted for the purpose of searching for 
commercial quantities of oil, gas, and sulphur, including the drilling 
of any additional well needed to delineate any reservoir to enable the 
lessee to decide whether to proceed with development and production 
(see Sec. 250.105.)
    Geophysical and geological explorations means those geophysical and 
geological surveys on your lease or unit that use seismic reflection, 
seismic refraction, magnetic, gravity, gas sniffers, coring, or other 
systems to detect or imply the presence of oil, gas, or sulphur in 
commercial quantities.
    Modification means a change required by the Regional Supervisor to 
an EP, DPP, or DOCD (see Sec. 250.233(b)(2) for an EP, or 
Sec. 250.270(b)(2) for a DPP or a DOCD) that is pending before MMS for 
a decision because the OCS plan is inconsistent with applicable 
requirements.
    New or unusual technology means equipment and/or procedures that:
    (1) Function in a manner that potentially causes different impacts 
to the environment than the equipment or procedures did in the past;
    (2) Have not been used previously or extensively in an MMS OCS 
Region;
    (3) Have not been used previously under the anticipated operating 
conditions; or
    (4) Have operating characteristics that are outside the performance 
parameters established by this Part.
    Production means those activities that take place after the 
successful completion of any means for the removal of minerals, 
including such removal, field operations, transfer of minerals to 
shore, operation monitoring, maintenance, and workover operations (see 
Sec. 250.105).
    Prospect means a geologic feature having the potential for mineral 
deposits.
    Resubmitted OCS plan means an EP, DPP, or DOCD that contains 
changes you make to a plan that MMS has disapproved.
    Revised OCS plan means an EP, DPP, or DOCD that proposes changes to 
an approved OCS plan, such as those in the location of a well or 
platform, type of drilling unit, or location of the onshore support 
base (see Sec. 250.283(a)).
    Supplemental OCS plan means an EP, DPP, or DOCD that proposes the 
addition to an approved OCS plan of an activity that requires approval 
of an application or permit (see Sec. 250.283(b)).


Sec. 250.201  What plans and information must I submit before I conduct 
any activities on my lease or unit?

    (a) Plans and documents. Before you conduct any activities on your 
lease or unit, you must submit, and MMS must

[[Page 35381]]

approve, the following plans and documents. Your plans and documents 
may cover one or more leases or units.

----------------------------------------------------------------------------------------------------------------
               You must submit a(n)--                                        Before you--
----------------------------------------------------------------------------------------------------------------
(1) Exploration Plan (EP)...........................  Conduct any exploration activities (see definition under
                                                       Sec. 250.105) on a lease or unit.
(2) Development and Production Plan (DPP)...........  Conduct any development and production (see definition
                                                       under Sec. 250.105) activities on a lease or unit in any
                                                       OCS area other than the western Gulf of Mexico (GOM) (see
                                                       definition under Sec. 250.105).
(3) Development Operations Coordination Document      Conduct any development and production activities on a
 (DOCD).                                               lease or unit in the western GOM.
(4) Deepwater Operations Plan (DWOP)................  (i) Conduct any activities in any water depth associated
                                                       with:
                                                      (A) A development project that will involve the use of a
                                                       floating production system; or
                                                      (B) A development project that will involve the use of
                                                       subsea production technology.
(5) Conservation Information Document (CID).........  (i) Conduct any activities associated with:
                                                      (A) A development project that will involve the use of a
                                                       structure other than a conventional steel-piled jacket
                                                       platform in water depths greater than 1,312 feet (400
                                                       meters); or
                                                      (B) A development project that will involve the use of
                                                       subsea production technology at any water depth.
(6) EP, DPP, or DOCD................................  (i) Conduct a geophysical and geological exploration or a
                                                       development geophysical activity (see definitions under
                                                       Sec. 250.200) on your lease or unit when:
                                                      (A) It will result in a physical penetration of the seabed
                                                       greater than 500 feet (152 meters);
                                                      (B) It will involve the use of explosives;
                                                      (C) The Regional Director determines that it might have a
                                                       significant adverse effect on the human, marine, or
                                                       coastal environment; or
                                                      (D) The Regional Supervisor, after reviewing a notice
                                                       under Sec. 250.209, determines that an EP, DPP, or DOCD
                                                       is necessary.
----------------------------------------------------------------------------------------------------------------

    (b) Submitting additional information. On a case-by-case basis, the 
Regional Supervisor may require you to submit additional information if 
the Regional Supervisor determines that it is necessary to evaluate 
your proposed plan or document.
    (c) Limiting information. The Regional Director may limit the 
amount of information or analyses that you otherwise must provide in 
your proposed plan or document under this subpart when:
    (1) Sufficient information or analysis is readily available to MMS;
    (2) Other coastal or marine resources are not present or affected;
    (3) You conduct activities according to a comprehensive 
environmental management program; or
    (4) Other factors such as technological advances affect information 
needs.
    (d) Referencing. In preparing your proposed plan or document, you 
may reference information and data discussed in other plans or 
documents you previously submitted or that are otherwise readily 
available to MMS.


Sec. 250.202  What criteria must the Exploration Plan (EP), Development 
and Production Plan (DPP), or Development Operations Coordination 
Document (DOCD) meet?

    Your EP, DPP, or DOCD must demonstrate that you have planned and 
are prepared to conduct the proposed activities in a manner that:
    (a) Conforms to the Act, as amended, applicable implementing 
regulations, and lease provisions and stipulations;
    (b) Is safe;
    (c) Conforms to sound conservation practices and protects the 
rights of the lessor;
    (d) Does not unreasonably interfere with other uses of the OCS, 
including those involved with national security or defense; and
    (e) Does not cause undue or serious harm or damage to the human, 
marine, or coastal environment.


Sec. 250.203  Where can wells be located under an EP, DPP or DOCD?

    The Regional Supervisor reviews and approves proposed well location 
and spacing under an EP, DPP or DOCD. In deciding whether to approve a 
proposed well location and spacing, the Regional Supervisor will 
consider factors including, but not limited to, the following:
    (a) Protecting correlative rights;
    (b) Recovering optimum resources;
    (c) Number of wells that can be economically drilled for proper 
reservoir management;
    (d) Location of drilling units and platforms;
    (e) Extent and thickness of the reservoir;
    (f) Geologic and other reservoir characteristics;
    (g) Minimizing environmental risk;
    (h) Preventing unreasonable interference with other uses of the 
OCS; and
    (i) Drilling of unnecessary wells.


Sec. 250.204  How must I protect MMS' rights?

    (a) You must either:
    (1) Drill and produce the wells that the Regional Supervisor 
determines are necessary to protect MMS from loss due to production on 
other leases or units; or
    (2) Pay a sum that the Regional Supervisor determines and approves 
as adequate to compensate MMS for your failure to drill and produce any 
well.
    (b) Payment under paragraph (a)(2) of this section constitutes 
production in paying quantities for the purpose of extending the lease 
term.
    (c) You must complete and produce any penetrated hydrocarbon-
bearing zone that the Regional Supervisor determines is necessary to 
conform to sound conservation practices.


Sec. 250.205  Are there special requirements if my well affects an 
adjacent property?

    For wells that could intersect or drain an adjacent property, the 
Regional Supervisor may require special measures to protect the rights 
of MMS and objecting lessees or operators of adjacent leases or units.


Sec. 250.206  How do I submit the EP, DPP, or DOCD?

    (a) Number of copies. When you submit an EP, DPP, or DOCD to MMS, 
you must provide:
    (1) Four copies that contain all required information (proprietary 
copies);
    (2) Eight copies for public distribution (public information 
copies) that omit information that you assert is exempt from disclosure 
under the Freedom of Information Act (5 U.S.C. 552) and the 
implementing regulations (43 CFR part 2); and
    (3) Any additional copies that may be necessary to facilitate 
review of the EP, DPP, or DOCD by certain affected States.

[[Page 35382]]

    (a) Mailing Addresses. Submit EPs, DPPs, and DOCDs for activities 
in the OCS to one of the following addresses:

(1) For the OCS off the State of Alaska--Minerals Management Service, 
Alaska OCS Region, Regional Supervisor, Field Operations, 949 East 36th 
Avenue, Room 308, Anchorage, AK 99508-4363
(2) For the OCS off the Atlantic Coast States and in the Gulf of 
Mexico--Minerals Management Service, Gulf of Mexico OCS Region, 
Regional Supervisor, Field Operations, 1201 Elmwood Park Boulevard, New 
Orleans, LA 70123-2394
(3) For the OCS off the States of California, Oregon, Washington, or 
Hawaii--Minerals Management Service, Pacific OCS Region, Regional 
Supervisor, Office of Field Operations, 770 Paseo Camarillo, Camarillo, 
CA 93010-6064
    (c) Electronic Submission. The Regional Supervisor may require that 
you submit part or all of your EP, DPP, or DOCD and its accompanying 
information electronically. If it is not required but you prefer to 
submit your EP, DPP, or DOCD electronically, ask the Regional 
Supervisor for further guidance.
    (d) Withdrawal after submission. You may withdraw your proposed EP, 
DPP, or DOCD at any time for any reason. Notify the appropriate MMS OCS 
Region at the address in paragraph (b) of this section.

Ancillary Activities


Sec. 250.207  What ancillary activities may I conduct?

    Before or after you submit an EP, DPP, or DOCD to MMS, you may 
elect, the regulations in this part may require, or the Regional 
Supervisor may direct you to conduct ancillary activities. Ancillary 
activities include:
    (a) Geophysical and geological explorations, and development 
geophysical activities, except those that must be covered by an EP, 
DPP, or DOCD under Sec. 250.201(a)(6), or Sec. 250.209.
    (b) Geological hazards, geotechnical, archaeological, biological, 
physical oceanographic, meteorological, socioeconomic, or other 
surveys; or
    (c) Studies that model potential oil and hazardous substance 
spills, drilling muds and cuttings discharges, projected air emissions, 
or potential hydrogen sulfide (H2S) releases.


Sec. 250.208  If I conduct ancillary activities, what notices must I 
provide?

    At least 30 calendar days before you conduct any geophysical and 
geological exploration or development geophysical activity (see 
Sec. 250.207(a)), you must notify the Regional Supervisor in writing.
    (a) When you prepare the notice, you must:
    (1) Sign and date the notice;
    (2) Provide the names of the vessel, its operator, and the 
person(s) in charge; the type(s) of operations you will conduct; and 
the instrumentation/techniques and vessel navigation you will use;
    (3) Provide expected start and completion dates and the location of 
the activity; and
    (4) Describe the potential adverse environmental effects of the 
proposed activity and any mitigation to eliminate or minimize these 
effects on the marine, coastal, and human environment.
    (b) The Regional Supervisor may require you to:
    (1) Give written notice to MMS before you conduct any other 
ancillary activity in addition to those listed in Sec. 250.207(a); and
    (2) Notify other users of the OCS before you conduct any ancillary 
activity.


Sec. 250.209  What is the MMS review process for the notice?

    The Regional Supervisor will review any notice required under 
Sec. 250.208(b) to ensure that your ancillary activity complies with 
the performance standards listed in Sec. 250.202 (a), (b), (d), and 
(e). Under Sec. 250.106, the Regional Supervisor may notify you that 
your ancillary activity does not comply with those standards. In such a 
case, the Regional Supervisor will require you to submit an EP, DPP, or 
DOCD, and you may not start your ancillary activity until the Regional 
Supervisor approves the EP, DPP, or DOCD.


Sec. 250.210  If I conduct ancillary activities, what reporting and 
data/information retention requirements must I satisfy?

    (a) Reporting. The Regional Supervisor may require you to prepare 
and submit a report that summarizes and analyzes data or information 
obtained or derived from your ancillary activities.
    (b) Data or information retention. You must retain copies of all 
original survey and study data or information obtained or derived from 
your ancillary activities, including any data or information obtained 
from previous leaseholders or unit operators. You must retain these 
records, including navigation data, and submit them to MMS for 
inspection and possible retention upon request at any time before lease 
or unit termination.

Contents of Exploration Plans (EP)


Sec. 250.211  What must the EP include?

    Your EP must include the following:
    (a) Description, objectives, and schedule. A description, 
discussion of the objectives, and tentative schedule (from start to 
completion) of the exploration activities that you propose to 
undertake. (Examples of exploration activities are: exploration 
drilling; well test flaring; installing a well protection structure; 
temporary well abandonment; and in the MMS Alaska and Pacific OCS 
Regions, 2-D, 3-D, 4-D, and multicomponent seismic activities.)
    (b) Location. A map showing the surface and bottom-hole location 
and water depth of each proposed well and the locations of all 
associated drilling unit anchors.
    (c) Drilling unit. A description of the drilling unit and 
associated equipment you will use to conduct your proposed exploration 
activities, including a brief description of important safety and 
pollution prevention features, and a table indicating the type and the 
estimated maximum quantity of fuels, oil, and lubricants that will be 
stored on the facility (see third definition of facility under 
Sec. 250.105).


Sec. 250.212  What information must accompany the EP?

    The following information must accompany your EP:
    (a) General information required by Sec. 250.213;
    (b) Geophysical and geological information required by 
Sec. 250.214;
    (c) Hydrogen sulfide information required by Sec. 250.215;
    (d) Biological, physical, and socioeconomic information required by 
Sec. 250.216;
    (e) Solid and liquid wastes and discharges information and cooling 
water intake information required by Sec. 250.217;
    (f) Air emissions information required by Sec. 250.218;
    (g) Oil and hazardous substance spills information required by 
Sec. 250.219;
    (h) Alaska planning information required by Sec. 250.220;
    (i) Environmental monitoring information required by Sec. 250.221;
    (j) Lease stipulations information required by Sec. 250.222;
    (k) Mitigation measures information required by Sec. 250.223;
    (l) Support vessels and aircraft information required by 
Sec. 250.224;
    (m) Onshore support facilities information required by 
Sec. 250.225;
    (n) Coastal zone management information required by Sec. 250.226;
    (o) An environmental impact analysis required by Sec. 250.227; and

[[Page 35383]]

    (p) Administrative information required by Sec. 250.228.


Sec. 250.213  What general information must accompany the EP?

    The following general information must accompany your EP:
    (a) Applications and permits. A listing, including filing or 
approval status, of the Federal, State, and local application approvals 
or permits you must obtain to conduct your proposed exploration 
activities.
    (b) Drilling fluids. A table showing the components, chemical 
composition, and projected amounts and rates of usage of each drilling 
fluid you will use to drill your proposed exploration wells.
    (c) Chemical products. A table showing the name and brief 
description, quantities to be stored, storage method, and rates of 
usage of the chemical products you will use to conduct your proposed 
exploration activities. List only those chemical products you will 
store or use in quantities greater than the amounts defined as 
Reportable Quantities in 40 CFR part 302, or amounts specified by the 
Regional Supervisor.
    (d) New or unusual technology. A description and discussion of any 
new or unusual technology you will use to carry out your proposed 
exploration activities (see definition under Sec. 250.200).
    (e) Bonds, oil spill financial responsibility, and well control 
statements. Statements attesting that:
    (1) The activities and facilities proposed in your EP are covered 
by an appropriate lease or areawide surety bond or alternative security 
instrument according to 30 CFR part 256, subpart I;
    (2) You have demonstrated or will demonstrate oil spill financial 
responsibility for facilities proposed in your EP according to 30 CFR 
part 253; and
    (3) You have or will have the financial capability to drill a 
relief well and conduct other emergency well control operations.
    (f) Suspensions of operations. A brief discussion of any 
suspensions of operations that you anticipate may be necessary in the 
course of conducting your activities under the EP.
    (g) Blowout scenario. A scenario for the potential blowout of the 
proposed well in your EP that you expect will have the highest volume 
of liquid hydrocarbons. Include the estimated flow rate, total volume, 
and timeframe associated with the potential blowout. Also, discuss the 
potential for the well to bridge over, the likelihood for surface 
intervention to stop the blowout, the availability of a rig to drill a 
relief well, and rig package constraints. Estimate the time it would 
take to drill a relief well.
    (h) Contact. The name, address (e-mail address, if available), and 
telephone number of the person with whom the Regional Supervisor and 
any affected State(s) can communicate with about your EP.


Sec. 250.214  What geological and geophysical (G&G) information must 
accompany the EP?

    The following G&G information must accompany your EP:
    (a) Geological description. A geological description of the 
prospect(s).
    (b) Structure contour maps. Current structure contour maps (depth-
based, expressed in feet subsea) drawn on the top of each prospective 
hydrocarbon-bearing reservoir showing the locations of proposed wells.
    (c) Two-dimensional (2-D) or three-dimensional (3-D) seismic lines. 
Copies of migrated and annotated 2-D or 3-D seismic lines (with depth 
scale) intersecting at or near your proposed well locations. (You are 
not required to conduct both 2-D and 3-D seismic surveys if you choose 
to conduct only one type of survey.) If you have conducted both types 
of surveys, the Regional Supervisor may instruct you to submit the 
results of both surveys. You must interpret and display this 
information. Because of its volume, you must provide this data or 
information as an enclosure to only one proprietary copy of your EP.
    (d) Geological structure cross-sections. Interpreted geological 
structure cross-sections showing the location and depth of each 
proposed well.
    (e) Shallow hazards report. A shallow hazards report based on 
information obtained from a high-resolution geophysical survey or a 
reference to such report if you have already submitted it to the 
Regional Supervisor.
    (f) Shallow hazards assessment. For each proposed well, an 
assessment of any seafloor and subsurface geological and manmade 
features and conditions that may adversely affect your proposed 
drilling operations.
    (g) High-resolution seismic lines. Copies of the two intersecting 
high-resolution survey lines that are closest to your proposed well 
locations. Because of its volume, you must provide this data as an 
enclosure to only one proprietary copy of your EP.
    (h) Stratigraphic column. A generalized biostratigraphic/
lithostratigraphic column from the surface to the total depth of the 
prospect.
    (i) Time-versus-depth chart. A seismic travel time-versus-depth 
chart based on the appropriate velocity analysis in the area of 
interpretation and specifying the geodetic datum.
    (j) Geochemical information. A copy of any geochemical reports you 
used or generated.
    (k) Future G&G activities. A brief description of the types of 
geophysical and geological explorations and development geophysical 
activities you may conduct for lease or unit purposes after your EP is 
approved.


Sec. 250.215  What hydrogen sulfide (H2S) information must 
accompany the EP?

    The following H2S information, as applicable, must 
accompany your EP:
    (a) Concentration. The estimated concentration of any 
H2S you might encounter while you conduct your proposed 
exploration activities.
    (b) Classification. Pursuant to Sec. 250.417(c), a request that the 
Regional Supervisor classify the area of your proposed exploration 
activities as either H2S absent, H2S present, or 
H2S unknown. Provide sufficient information to justify your 
request.
    (c) H2S Contingency Plan. If you ask the Regional 
Supervisor to classify the area of your proposed exploration activities 
as either H2S present or H2S unknown, an 
H2S Contingency Plan prepared pursuant to Sec. 250.417(f) or 
a reference to an approved or submitted H2S Contingency Plan 
that covers the proposed exploration activities.
    (d) Modeling report. In developing your EP, if you model a 
potential H2S release, a modeling report or the modeling 
results, or a reference to such report or results if you have already 
submitted it to the Regional Supervisor.
    (1) The analysis in the modeling report must be specific to the 
particular site of your proposed exploration activities and must 
consider any nearby human-occupied OCS facilities, shipping lanes, 
fishery areas, and other points where humans may be subject to 
potential exposure from an H2S release from your proposed 
activities.
    (2) If any H2S emissions are projected to affect an 
onshore area, the modeling analysis must be consistent with the 
Environmental Protection Agency's (EPA) risk management plan 
methodologies outlined in 40 CFR part 68.


Sec. 250.216  What biological, physical, and socioeconomic information 
must accompany the EP?

    In developing your EP, if you obtain the following information, you 
must include a report, or the information obtained, or a reference to 
such a report or information if you have already submitted it to the 
Regional Supervisor, as accompanying information:

[[Page 35384]]

    (a) Biological environment reports. Site-specific information on 
chemosynthetic communities, sensitive underwater features, marine 
sanctuaries, or other areas of biological concern.
    (b) Physical environment reports. Site-specific meteorological, 
physical oceanographic, geotechnical, or archaeological information.
    (c) Socioeconomic study reports. Socioeconomic information 
regarding your proposed exploration activities.


Sec. 250.217  What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the EP?

    The following solid and liquid wastes and discharges information 
and cooling water intake information must accompany your EP:
    (a) Projected wastes. A table providing the name, brief 
description, projected quantity (annual or monthly), and composition of 
solid and liquid wastes (such as spent drilling fluids, drill cuttings, 
trash, sanitary and domestic wastes, and chemical product wastes) 
likely to be generated by your proposed exploration activities.
    Describe:
    (1) The methods you used for determining this information; and
    (2) Your plans for treating, storing, and downhole disposal of 
these wastes at your drilling location(s).
    (b) Projected ocean discharges. If any of your solid and liquid 
wastes will be discharged overboard or are planned discharges from 
manmade islands:
    (1) A table showing the name, projected amount, and rate of 
discharge for each waste type; and
    (2) A description of the discharge method you will use.
    (c) National Pollutant Discharge Elimination System (NPDES) permit.
    (1) A discussion of how you will comply with the provisions of the 
applicable general NPDES permit that covers your proposed exploration 
activities; or
    (2) A copy of your application for an individual NPDES permit. 
Briefly describe the major discharges and methods you will use for 
compliance.
    (d) Modeling report. In developing your EP, if you model the 
discharges of your projected solid or liquid wastes, a modeling report, 
or the modeling results, or a reference to such report or results if 
you have already submitted it to the Regional Supervisor.
    (e) Projected cooling water intake. A table for each cooling water 
intake structure likely to be used by your proposed exploration 
activities that includes a brief description of the cooling water 
intake structure, daily water intake rate, water intake through-screen 
velocity, percentage of water intake used for cooling water, mitigation 
measures for reducing impingement and entrainment of aquatic organisms, 
and biofouling prevention measures.


Sec. 250.218  What air emissions information must accompany the EP?

    The following air emissions information, as applicable, must 
accompany your EP:
    (a) Projected emissions. Tables showing the projected emissions of 
sulphur dioxide (SO2), particulate matter in the form of 
PM10 and PM2.5 when applicable, nitrogen oxides 
(NOX), carbon monoxide (CO), and volatile organic compounds 
(VOC) that will be generated by your proposed exploration activities.
    (1) For each source on or associated with the drilling unit 
(including well test flaring and well protection structure 
installation), you must list:
    (i) The projected peak hourly emissions;
    (ii) The total annual emissions in tons per year;
    (iii) Emissions over the duration of the proposed exploration 
activities;
    (iv) The frequency and duration of emissions; and
    (v) The total of all emissions listed in paragraphs (a)(1)(i) 
through (iv) of this section.
    (2) You must provide the basis for all calculations, including 
engine size and rating and applicable operational information.
    (3) You must base the projected emissions on the maximum rated 
capacity of the equipment on the proposed drilling unit under its 
physical and operational design.
    (4) If the specific drilling unit has not yet been determined, you 
must use the maximum emission estimates for the type of drilling unit 
you will use.
    (b) Emission reduction measures. A description of any proposed 
emission reduction measures, including the affected source(s), the 
emission reduction control technologies or procedures, the quantity of 
reductions to be achieved, and any monitoring system you propose to use 
to measure emissions.
    (c) Processes, equipment, fuels, and combustibles. A description of 
processes, processing equipment, combustion equipment, fuels, and 
storage units. You must include the characteristics and the frequency, 
duration, and maximum burn rate of any well test fluids to be burned.
    (d) Distance to shore. Identification of the distance of your 
drilling unit from the mean high water mark (mean higher high water 
mark on the Pacific coast) of the adjacent State.
    (e) Non-exempt drilling units. A description of how you will comply 
with Sec. 250.303 when the projected emissions of SO2, PM, 
NOX, CO, or VOC that will be generated by your proposed 
exploration activities are greater than the respective emission 
exemption amounts ``E'' calculated using the formulas in 
Sec. 250.303(d). When MMS requires air quality modeling, you must use 
the guidelines in Appendix W of 40 CFR part 51 with a model approved by 
the Director. Submit the best available meteorological information and 
data consistent with the model(s) used.
    (f) Modeling report. In developing your EP, if you are required by 
Sec. 250.303 to use an approved air quality model to model projected 
air emissions, a modeling report, or the modeling results, or a 
reference to such a report or results if you have already submitted it 
to the Regional Supervisor.


Sec. 250.219  What oil and hazardous substance spills information must 
accompany the EP?

    The following information regarding potential spills of oil (see 
definition under 30 CFR 254.6) and hazardous substances (see definition 
under 40 CFR part 116) as applicable, must accompany your EP:
    (a) Oil spill response planning. The material required under either 
paragraph (a)(1) or (a)(2) of this section:
    (1) An Oil Spill Response Plan (OSRP) for the facilities you will 
use to conduct your exploration activities prepared according to the 
requirements of 30 CFR part 254, subpart B; or
    (2) Reference to your approved regional OSRP (see 30 CFR 254.3) to 
include:
    (i) A discussion of your regional OSRP;
    (ii) The location of your primary oil spill equipment base and 
staging area;
    (iii) The name(s) of your oil spill removal organization(s) for 
both equipment and personnel;
    (iv) The calculated volume of your worst case discharge scenario 
(see 30 CFR 254.26(a)), and a comparison of the appropriate worst case 
discharge scenario in your approved regional OSRP with the worst case 
discharge scenario that could result from your proposed exploration 
activities; and
    (v) A description of the worst case discharge scenario that could 
result from your proposed exploration activities (see 30 CFR 254.26 
(b), (c), (d) and (e)).
    (b) Modeling report. In developing your EP, if you model a 
potential oil or hazardous substance spill, a modeling

[[Page 35385]]

report, or the modeling results, or a reference to such report or 
results if you have already submitted it to the Regional Supervisor.


Sec. 250.220  If I propose activities in the Alaska OCS Region, what 
planning information must accompany the EP?

    If you propose exploration activities in the Alaska OCS Region, the 
following planning information must accompany your EP:
    (a) Emergency plans. A description of your emergency plans to 
respond to a blowout, loss or disablement of a drilling unit, and loss 
of or damage to support craft.
    (b) Critical operations and curtailment procedures. Critical 
operations and curtailment procedures for your exploration activities. 
The procedures must identify ice conditions, weather, and other 
constraints under which the exploration activities will either be 
curtailed or not proceed.


Sec. 250.221  What environmental monitoring information must accompany 
the EP?

    The following environmental monitoring information, as applicable, 
must accompany your EP:
    (a) Monitoring systems. A description of any existing and planned 
monitoring systems that are measuring, or will measure, environmental 
conditions and/or will provide project-specific data or information on 
the impacts of your exploration activities.
    (b) Flower Garden Banks National Marine Sanctuary. If you propose 
to conduct exploration activities within the 4-mile protective zone of 
the Flower Garden Banks National Marine Sanctuary, a description of 
your provisions for monitoring the impacts of an oil spill.


Sec. 250.222  What lease stipulations information must accompany the 
EP?

    A description of the measures you took, or will take, to satisfy 
the conditions of lease stipulations related to your proposed 
exploration activities must accompany your EP.


Sec. 250.223  What mitigation measures information must accompany the 
EP?

    A description of any measures you will use, beyond those required 
by the regulations in this part, to minimize or mitigate environmental 
impacts from your proposed exploration activities must accompany your 
EP.


Sec. 250.224  What information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany the EP?

    The following information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany your EP:
    (a) General. A description of the crew boats, supply boats, anchor 
handling vessels, tug boats, barges, ice management vessels, other 
vessels, offshore vehicles, and aircraft you will use to support your 
exploration activities. The description of vessels and offshore 
vehicles must estimate the storage capacity of their fuel tanks and the 
frequency of their visits to your drilling unit.
    (b) Air emissions. A table showing the source, composition, 
frequency, and duration of the air emissions likely to be generated by 
the support vessels, offshore vehicles, and aircraft you will use that 
will operate within 25 miles of your drilling unit.
    (c) Drilling fluids and chemical products transportation. A 
description of the transportation method and quantities of drilling 
fluids and chemical products (see Sec. 250.213(b) and (c)) you will 
transport from the onshore support facilities you will use to your 
drilling unit.
    (d) Solid and liquid wastes transportation. A description of the 
transportation method; reason for transportation; and brief description 
of the composition, quantities, and destination(s) of solid and liquid 
wastes (see Sec. 250.217(a)) you will transport from your drilling 
unit.
    (e) Vicinity map. A map showing the location of your proposed 
exploration activities relative to the shoreline. The map must depict 
the route(s) the support vessels and aircraft will use when traveling 
between the onshore support facilities you will use and your drilling 
unit.


Sec. 250.225  What information on the onshore support facilities you 
will use must accompany the EP?

    The following information on the onshore support facilities you 
will use must accompany your EP:
    (a) General. A description of the onshore facilities you will use 
to provide supply and service support for your proposed exploration 
activities (e.g., service bases and mud company docks).
    (1) Indicate whether the onshore support facilities are existing, 
to be constructed, or to be expanded.
    (2) If the onshore support facilities are, or will be located, in 
areas not adjacent to the Western GOM, provide a timetable for 
acquiring lands (including rights-of-way and easements) and 
constructing or expanding them.
    (b) Air emissions. A description of the source, composition, 
frequency, and duration of the air emissions (attributable to your 
proposed exploration activities) likely to be generated by the onshore 
support facilities you will use.
    (c) Unusual solid and liquid wastes. A description of the quantity, 
composition, and method of disposal of any unusual solid and liquid 
wastes (attributable to your proposed exploration activities) likely to 
be generated by the onshore support facilities you will use.
    (d) Waste disposal. A description of the onshore facilities you 
will use to store and dispose of solid and liquid wastes generated by 
your proposed exploration activities (see Sec. 250.217) and the types 
and quantities of such wastes.


Sec. 250.226  What Coastal Zone Management Act (CZMA) certification 
must accompany the EP?

    Your EP must be accompanied by a copy of your consistency 
certification under Sec. 307(c)(3)(B) of the CZMA (16 U.S.C. 
1456(c)(3)(B)) and 15 CFR 930.76(d) that states that each of the 
proposed exploration activities described in detail in this EP comply 
with (name of State(s)) approved coastal management program(s) and will 
be conducted in a manner that is consistent with such program(s).


Sec. 250.227  What environmental impact analysis (EIA) information must 
accompany the EP?

    The following EIA information must accompany your EP:
    (a) General requirements. Your EIA must:
    (1) Assess the potential environmental impacts of your proposed 
exploration activities;
    (2) Be project specific; and
    (3) Be as detailed as necessary to assist the Regional Supervisor 
in complying with the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.) and other relevant Federal laws.
    (b) Resources, conditions, and activities. Your EIA must describe 
those resources, conditions, and activities listed below that could be 
affected by your proposed exploration activities or that could affect 
the construction and operation of facilities or structures or the 
activities proposed in your EP.
    (1) Meteorology, oceanography, geology, and geological and/or 
manmade hazards;
    (2) Air and water quality;
    (3) Benthic communities, marine mammals, sea turtles, coastal and 
marine birds, fish and shellfish, and plant life;
    (4) Threatened or endangered species and their critical habitat;
    (5) Sensitive biological resources or habitats such as essential 
fish habitat,

[[Page 35386]]

refuges, preserves, special management areas identified in coastal 
management programs, sanctuaries, rookeries, and calving grounds;
    (6) Archaeological resources;
    (7) Socioeconomic resources including employment, existing offshore 
and coastal infrastructure (including major sources of supplies, 
services, energy, water), land use, subsistence resources and harvest 
practices, recreation, recreational and commercial fishing (including 
typical fishing seasons, location, and type), minority and lower income 
groups, and coastal zone management programs;
    (8) Coastal and marine uses such as military activities, shipping, 
and mineral exploration or development; and
    (9) Other resources, conditions, and activities identified by the 
Regional Supervisor.
    (c) Environmental impacts. Your EIA must:
    (1) Analyze the potential direct and indirect impacts (including 
those from accidents and cooling water intake structures) that your 
proposed exploration activities will have on the identified resources, 
conditions, and activities;
    (2) Analyze any potential cumulative impacts from other activities 
to those identified resources, conditions, and activities potentially 
impacted by your proposed exploration activities;
    (3) Describe the type, severity, and duration of these potential 
impacts and their biological, physical, and other consequences and 
implications;
    (4) Describe potential measures to minimize or mitigate these 
potential impacts; and
    (5) Summarize the information you incorporate by reference.
    (d) Consultation. Your EIA must include a list of agencies and 
persons you consulted, or you will be consulting, regarding potential 
impacts associated with your proposed exploration activities.
    (e) References cited. Your EIA must include a list of the 
references that you cite in the EIA.


Sec. 250.228  What administrative information must accompany the EP?

    The following administrative information must accompany your EP:
    (a) Exempted information description (public information copies 
only). A description of the general subject matter of the proprietary 
information that is included in the proprietary copies of your EP or 
its accompanying information.
    (b) Bibliography. (1) A list of each previously submitted EP, DPP, 
DOCD, study report, survey report, or other material that you reference 
in your EP or its accompanying information.
    (2) The location(s) where the Regional Supervisor can inspect the 
cited referenced material if you have not submitted it.

Review and Decision Process for the EP


Sec. 250.231  After receiving the EP, what will MMS do?

    (a) Determine whether deemed submitted. Within 15 working days 
after receiving your proposed EP and its accompanying information, the 
Regional Supervisor will review your submission and deem your EP 
submitted if:
    (1) The submitted information, including the information that must 
accompany the EP (refer to list in Sec. 250.212), fulfills requirements 
and is sufficiently accurate;
    (2) You have provided all needed additional information (see 
Sec. 250.201(b)); and
    (3) You have provided the required number of copies (see 
Sec. 250.206(a)).
    (b) Identify problems and deficiencies. If the Regional Supervisor 
determines that you have not met each of the conditions in paragraph 
(a) of this section, the Regional Supervisor will notify you of the 
problem or deficiency. The Regional Supervisor will not deem your EP 
submitted until you have corrected any problem or deficiency identified 
in the notice.


Sec. 250.232  What actions will be taken after the EP is deemed 
submitted?

    (a) State and CZM consistency reviews. Within 2 working days after 
deeming your EP submitted under Sec. 250.231(a), the Regional 
Supervisor will send by receipted mail a public information copy of the 
EP and its accompanying information to the following:
    (1) The Governor of each affected State. The Governor has 21 
calendar days after receiving your deemed-submitted EP to submit 
comments. The Regional Supervisor will consider comments received by 
the deadline.
    (2) The CZM agency of each affected State. The CZMA consistency 
review period under Sec. 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 
1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the State's CZM agency 
receives a copy of your deemed-submitted EP, consistency certification, 
and required necessary data and information (see 15 CFR 930.77(a)(1)).
    (b) MMS compliance review. The Regional Supervisor will review the 
exploration activities described in your proposed EP to ensure that 
they conform to the performance standards in Sec. 250.202.
    (c) MMS environmental impact evaluation. The Regional Supervisor 
will evaluate the environmental impacts of the activities described in 
your proposed EP and prepare environmental documentation under NEPA (42 
U.S.C. 4321 et seq.) and the implementing regulations (40 CFR parts 
1500 through 1508).
    (d) Amendments. During the review of your proposed EP, the Regional 
Supervisor may require you, or you may elect, to change your EP.


Sec. 250.233  What decisions will MMS make on the EP and within what 
timeframe?

    (a) Timeframe. The Regional Supervisor will take one of the actions 
shown in the table in paragraph (b) of this section within 30 calendar 
days after the Regional Supervisor deems your EP submitted under 
Sec. 250.231(a) or receives the last amendment to your proposed EP, 
whichever occurs later.
    (b) MMS decision. By the deadline in paragraph (a) of this section, 
the Regional Supervisor will take one of the following actions:

------------------------------------------------------------------------
The Regional Supervisor will-
              -                       if--               and then--
------------------------------------------------------------------------
(1) Approve your EP.........  it complies with all  the Regional
                               applicable            Supervisor will
                               requirements.         notify you in
                                                     writing of the
                                                     decision and may
                                                     require you to meet
                                                     certain conditions,
                                                     including those to
                                                     provide monitoring
                                                     information.
(2) Require you to modify     the Regional          the Regional
 your proposed EP.             Supervisor finds      Supervisor will
                               that it is            notify you in
                               inconsistent with     writing of the
                               the lease, the Act,   decision and
                               or the regulations    describe the
                               prescribed under      modifications you
                               the Act or other      must make to your
                               Federal laws.         proposed EP to
                                                     ensure it complies
                                                     with all applicable
                                                     requirements.

[[Page 35387]]

 
(3) Disapprove your EP......  (i) your proposed     (A) the Regional
                               activities would      Supervisor will
                               probably cause        notify you in
                               serious harm or       writing of the
                               damage to life        decision and
                               (including fish or    describe the
                               other aquatic         reason(s) for
                               life); property;      disapproving your
                               any mineral (in       EP.
                               areas leased or not  (B) MMS may cancel
                               leased); the          your lease and
                               national security     compensate you
                               or defense; or the    pursuant to 43
                               marine, coastal, or   U.S.C.
                               human environment;    1334(a)(2)(C) and
                               and you cannot        the implementing
                               modify your           regulations in Sec.
                               proposed activities   250.182, 250.184,
                               to avoid such         250.185, and 30 CFR
                               condition(s).         256.77.
------------------------------------------------------------------------

Sec. 250.234  How do I submit a modified EP or resubmit a disapproved 
EP, and when will MMS make a decision?

    (a) Modified EP. If the Regional Supervisor requires you to modify 
your proposed EP under Sec. 250.233(b)(2), you must submit the 
modification(s) to the Regional Supervisor in the same manner as for a 
new EP. You need submit only information related to the proposed 
modification(s).
    (b) Resubmitted EP. You may resubmit your disapproved EP if there 
is a change in the conditions that were the basis of its disapproval.
    (c) MMS review and timeframe. The Regional Supervisor will use the 
performance standards in Sec. 250.202 to either approve, require you to 
further modify, or disapprove your modified or resubmitted EP. The 
Regional Supervisor will make a decision within 30 calendar days after 
the Regional Supervisor deems your modified or resubmitted EP to be 
submitted or receives the last amendment to your modified or 
resubmitted EP, whichever occurs later.


Sec. 250.235  If a State objects to the EP's coastal zone consistency 
certification, what can I do?

    If an affected State objects to the coastal zone consistency 
certification accompanying your proposed EP, you may do one of the 
following:
    (a) Amend your EP. Amend your EP to accommodate the State's 
objection and submit the amendment to the Regional Supervisor for 
approval. The amendment needs only address information related to the 
State's objection.
    (b) Appeal. Appeal the State's objection to the Secretary of 
Commerce using the procedures in 15 CFR part 930, subpart H. The 
Secretary of Commerce will either:
    (1) Grant your appeal by finding, under Sec. 307(c)(3)(B)(iii) of 
the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in 
detail in your EP is consistent with the objectives of the CZMA or is 
otherwise necessary in the interest of national security; or
    (2) Deny your appeal, in which case you may amend your EP as 
described in paragraph (a) of this section.
    (c) Withdraw your EP. Withdraw your EP if you decide not to conduct 
your proposed exploration activities.

Contents of Development and Production Plans (DPP) and Development 
Operations Coordination Documents (DOCD)


Sec. 250.241  What must the DPP or DOCD include?

    Your DPP or DOCD must include the following:
    (a) Description, objectives, and schedule. A description, 
discussion of the objectives, and tentative schedule (from start to 
completion) of the development and production activities you propose to 
undertake. Examples of development and production activities include:
    (1) Development drilling;
    (2) Well test flaring;
    (3) Installation of production platforms, satellite structures, 
subsea wellheads and manifolds, and lease term pipelines (see 
definition at Sec. 250.105);
    (4) Installation of production facilities and conduct of production 
operations; and
    (5) In the MMS Alaska and Pacific OCS Regions, 2-D, 3-D, 4-D, and 
multicomponent seismic activities.
    (b) Location. The location and water depth of each of your proposed 
wells and production facilities. Include a map showing the surface and 
bottom-hole location and water depth of each proposed well, the surface 
location of each production facility, and the locations of all 
associated drilling unit and construction barge anchors.
    (c) Drilling unit. A description of the drilling unit and 
associated equipment you will use to conduct your proposed development 
drilling activities. Include a brief description of important safety 
and pollution prevention features, and a table indicating the type and 
the estimated maximum quantity of fuels and oil that will be stored on 
the facility (see third definition of ``facility'' under Sec. 250.105).
    (d) Production facilities. A description of the production 
platforms, satellite structures, subsea wellheads and manifolds, lease 
term pipelines (see definition at Sec. 250.105), production facilities, 
umbilicals, and other facilities you will use to conduct your proposed 
development and production activities. Include a brief description of 
important safety and pollution prevention features, and a table 
indicating the type and the estimated maximum quantity of fuels and oil 
that will be stored on the facility (see third definition of 
``facility'' under Sec. 250.105).


Sec. 250.242  What information must accompany the DPP or DOCD?

    The following information must accompany your DPP or DOCD.
    (a) General information required by Sec. 250.243;
    (b) Geological and geophysical information required by 
Sec. 250.244;
    (c) Hydrogen sulfide information required by Sec. 250.245;
    (d) Mineral resource conservation information required by 
Sec. 250.246;
    (e) Biological, physical, and socioeconomic information required by 
Sec. 250.247;
    (f) Solid and liquid wastes and discharges information and cooling 
water intake information required by Sec. 250.248;
    (g) Air emissions information required by Sec. 250.249;
    (h) Oil and hazardous substance spills information required by 
Sec. 250.250;
    (i) Alaska planning information required by Sec. 250.251;
    (j) Environmental monitoring information required by Sec. 250.252;
    (k) Lease stipulations information required by Sec. 250.253;
    (l) Mitigation measures information required by Sec. 250.254;
    (m) Decommissioning information required by Sec. 250.255;
    (n) Related facilities and operations information required by 
Sec. 250.256;
    (o) Support vessels and aircraft information required by 
Sec. 250.257;
    (p) Onshore support facilities information required by 
Sec. 250.258;
    (q) Sulphur operations information required by Sec. 250.259;
    (r) Coastal zone management information required by Sec. 250.260;
    (s) An environmental impact analysis required by Sec. 250.261; and

[[Page 35388]]

    (t) Administrative information required by Sec. 250.262.


Sec. 250.243  What general information must accompany the DPP or DOCD?

    The following general information must accompany your DPP or DOCD:
    (a) Applications and permits. A listing, including filing or 
approval status, of the Federal, State, and local application approvals 
or permits you must obtain to carry out your proposed development and 
production activities.
    (b) Drilling fluids. A table showing the components, chemical 
composition, and projected amounts and rates of usage of each drilling 
fluid you will use to drill your proposed development wells.
    (c) Production. The following production information:
    (1) Estimates of the average and peak rates of production for each 
type of production, the life of the reservoir(s) you intend to produce, 
and a production decline curve; and
    (2) The chemical and physical characteristics of the produced oil 
(see definition under 30 CFR 254.6) that you will handle or store at 
the facilities you will use to conduct your proposed development and 
production activities.
    (d) Chemical products. A table showing the name and brief 
description, quantities to be stored, storage method, and rates of 
usage of the chemical products you will use to conduct your proposed 
development and production activities. You need list only those 
chemical products you will store or use in quantities greater than the 
amounts defined as Reportable Quantities in 40 CFR part 302, or amounts 
specified by the Regional Supervisor.
    (e) New or unusual technology. A description and discussion of any 
new or unusual technology you will use to carry out your proposed 
development and production activities (see definition under 
Sec. 250.200).
    (f) Bonds, oil spill financial responsibility, and well control 
statements. Statements attesting that:
    (1) The activities and facilities proposed in your DPP or DOCD are 
covered by an appropriate lease or areawide surety bond or alternative 
security instrument according to 30 CFR part 256, subpart I;
    (2) You have demonstrated or will demonstrate oil spill financial 
responsibility for facilities proposed in your DPP or DOCD, according 
to 30 CFR part 253; and
    (3) You have or will have the financial capability to drill a 
relief well and conduct other emergency well control operations.
    (g) Suspensions of production or operations. A brief discussion of 
any suspensions of production or suspensions of operations that you 
anticipate may be necessary in the course of conducting your activities 
under the DPP or DOCD.
    (h) Blowout scenario. A scenario for a potential blowout of the 
proposed well in your DPP or DOCD that you expect will have the highest 
volume of liquid hydrocarbons. Include the estimated flow rate, total 
volume, and timeframe associated with the potential blowout. Also, 
discuss the potential for the well to bridge over, the likelihood for 
surface intervention to stop the blowout, the availability of a rig to 
drill a relief well, and rig package constraints. Estimate the time it 
would take to drill a relief well.
    (i) Contact. The name, address (e-mail address, if available), and 
telephone number of the person with whom the Regional Supervisor and 
the affected State(s) can communicate with about your DPP or DOCD.


Sec. 250.244  What geological and geophysical (G&G) information must 
accompany the DPP or DOCD?

    The following G&G information must accompany your DPP or DOCD:
    (a) Geological description. A geological description of the 
prospect(s).
    (b) Structure contour maps. Current structure contour maps (depth-
based, expressed in feet subsea) showing depths of expected productive 
formations and the locations of proposed wells.
    (c) Two dimensional (2-D) or three-dimensional (3-D) seismic lines. 
Copies of migrated and annotated 2-D or 3-D seismic lines (with depth 
scale) intersecting at or near your proposed well locations. (You are 
not required to conduct both 2-D and 3-D seismic surveys if you choose 
to conduct only one type of survey.) If you have conducted both types 
of surveys, the Regional Supervisor may instruct you to submit the 
results of both surveys. You must interpret and display this 
information. You must provide this information as an enclosure to only 
one proprietary copy of your DPP or DOCD.
    (d) Geological structure cross-sections. Interpreted geological 
structure cross-sections showing the depths of expected productive 
formations.
    (e) Shallow hazards report. A shallow hazards report based on 
information obtained from a high-resolution geophysical survey or a 
reference to such report if you have already submitted it to the 
Regional Supervisor.
    (f) Shallow hazards assessment. For each proposed well, an 
assessment of any seafloor and subsurface geologic and manmade features 
and conditions that may adversely affect your proposed drilling 
operations.
    (g) High resolution seismic lines. Copies of the two intersecting 
high-resolution survey lines that are closest to your proposed well 
locations. You must provide this information as an enclosure to only 
one proprietary copy of your DPP or DOCD.
    (h) Stratigraphic column. A generalized biostratigraphic/
lithostratigraphic column from the surface to the total depth of each 
proposed well.
    (i) Time-versus-depth chart. A seismic travel time-versus-depth 
chart based on the appropriate velocity analysis in the area of 
interpretation and specifying the geodetic datum.
    (j) Geochemical information. A copy of any geochemical reports you 
used or generated.
    (k) Future G&G activities. A brief description of the geophysical 
and geological explorations and development geophysical activities that 
you may conduct for lease or unit purposes after your DPP or DOCD is 
approved.


Sec. 250.245  What hydrogen sulfide (H2S) information must 
accompany the DPP or DOCD?

    The following H2S information, as applicable, must 
accompany your DPP or DOCD:
    (a) Concentration. The estimated concentration of any 
H2S you might encounter or handle while you conduct your 
proposed development and production activities.
    (b) Classification. Pursuant to Sec. 250.417(c), a request that the 
Regional Supervisor classify the area of your proposed development and 
production activities as either H2S absent, H2S 
present, or H2S unknown. Provide sufficient information to 
justify your request.
    (c) H2S Contingency Plan. If you request that the 
Regional Supervisor classify the area of your proposed activities as 
either H2S present or H2S unknown, an 
H2S Contingency Plan prepared pursuant to Sec. 250.417(f) or 
a reference to an approved or submitted H2S Contingency Plan 
that covers the proposed development and production activities.
    (d) Modeling report. (1) If you have determined or estimated that 
the concentration of any H2S you may encounter or handle 
while you conduct your development and production activities will be 
greater than 500 parts per million (ppm), you must:
    (i) Model a potential worst case H2S release from the 
facilities you will use to conduct your proposed development and 
production activities; and

[[Page 35389]]

    (ii) Include a modeling report, or the modeling results, or a 
reference to such report or results if you have already submitted it to 
the Regional Supervisor.
    (2) The analysis in the modeling report must be specific to the 
particular site of your development and production activities and must 
consider any nearby human-occupied OCS facilities, shipping lanes, 
fishery areas, and other points where humans may be subject to 
potential exposure from an H2S release from your proposed 
activities.
    (3) If any H2S emissions are projected to affect an 
onshore area, the modeling analysis must be consistent with the 
Environmental Protection Agency's (EPA) risk management plan 
methodologies outlined in 40 CFR part 68.


Sec. 250.246  What mineral resource conservation information must 
accompany the DPP or DOCD?

    The following mineral resource conservation information, as 
applicable, must accompany your DPP or DOCD:
    (a) Technology and reservoir engineering practices and procedures. 
A description of the technology and reservoir engineering practices and 
procedures you may use to increase the ultimate recovery of oil and gas 
(e.g., secondary, tertiary, or other enhanced recovery practices).
    (b) Technology and recovery practices and procedures. A description 
of the technology and recovery practices and procedures you may use to 
ensure optimum recovery of oil and gas and/or sulphur.
    (c) Reservoir development. A discussion of exploratory well 
results, other reservoir data, proposed well spacing, completion 
methods, and other relevant well plan information.


Sec. 250.247  What biological, physical, and socioeconomic information 
must accompany the DPP or DOCD?

    In developing your DPP or DOCD, if you obtain the following 
information, you must include a report, or the information obtained, or 
a reference to such a report or information if you have already 
submitted it to the Regional Supervisor, as accompanying information:
    (a) Biological environment reports. Site-specific information on 
chemosynthetic communities, sensitive underwater features, marine 
sanctuaries, or other areas of biological concern.
    (b) Physical environment reports. Site-specific meteorological, 
physical oceanographic, geotechnical, or archaeological information.
    (c) Socioeconomic study reports. Socioeconomic information 
regarding your proposed development and production activities.


Sec. 250.248  What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the DPP or DOCD?

    The following solid and liquid wastes and discharges information 
and cooling water intake information must accompany your DPP or DOCD:
    (a) Projected wastes. A table providing the name, brief 
description, projected quantity (annual or monthly), and composition of 
solid and liquid wastes (such as spent drilling fluids, drill cuttings, 
trash, sanitary and domestic wastes, produced waters, and chemical 
product wastes) likely to be generated by your proposed development and 
production activities. Describe:
    (1) The methods you used for determining this information; and
    (2) Your plans for treating, storing, and downhole disposal of 
these wastes at your facility location(s).
    (b) Projected ocean discharges. If any of your solid and liquid 
wastes will be discharged overboard or are planned discharges from 
manmade islands:
    (1) A table showing the name, projected amount, and rate of 
discharge for each waste type; and
    (2) A description of the discharge method you will use.
    (c) National Pollutant Discharge Elimination System (NPDES) permit.
    (1) A discussion of how you will comply with the provisions of the 
applicable general NPDES permit that covers your proposed development 
and production activities; or
    (2) A copy of your application for an individual NPDES permit. 
Briefly describe the major discharges and methods you will use for 
compliance.
    (d) Modeling report. In developing your DPP or DOCD, if you model 
the discharges of your projected solid or liquid wastes, a modeling 
report, or the modeling results, or a reference to such report or 
results if you have already submitted it to the Regional Supervisor.
    (e) Projected cooling water intake. A table for each cooling water 
intake structure likely to be used by your proposed development and 
production activities that includes a brief description of the cooling 
water intake structure, daily water intake rate, water intake through-
screen velocity, percentage of water intake used for cooling water, 
mitigation measures for reducing impingement and entrainment of aquatic 
organisms, and biofouling prevention measures.


Sec. 250.249  What air emissions information must accompany the DPP or 
DOCD?

    The following air emissions information, as applicable, must 
accompany your DPP or DOCD:
    (a) Projected emissions. Tables showing the projected emissions of 
sulphur dioxide (SO2), particulate matter in the form of 
PM10 and PM2.5 when applicable, nitrogen oxides 
(NOX), carbon monoxide (CO), and volatile organic compounds 
(VOC) that will be generated by your proposed development and 
production activities.
    (1) For each source on or associated with the facility you will use 
to conduct your proposed development and production activities, you 
must list:
    (i) The projected peak hourly emissions;
    (ii) The total annual emissions in tons per year;
    (iii) Emissions over the duration of the proposed development and 
production activities;
    (iv) The frequency and duration of emissions; and
    (v) The total of all emissions listed in paragraph (a)(1)(i) 
through (iv) of this section.
    (2) For a facility modification, you must show the revised emission 
rates for each source as well as the incremental change for each 
source.
    (3) You must provide the basis for all calculations including 
engine size and rating and applicable operational information.
    (4) You must base the projected emissions on the maximum rated 
capacity of the equipment and the maximum throughput of the facility 
you will use to conduct your proposed development and production 
activities under its physical and operational design.
    (5) If the specific drilling unit has not yet been determined, you 
must use the maximum emission estimates for the type of drilling unit 
you will use.
    (b) Emission reduction measures. A description of any proposed 
emission reduction measures, including the affected source(s), the 
emission reduction control technologies or procedures, the quantity of 
reductions to be achieved, and any monitoring system you propose to use 
to measure emissions.
    (c) Processes, equipment, fuels, and combustibles. A description of 
processes, processing equipment, combustion equipment, fuels, and 
storage units. You must include the frequency, duration, and maximum 
burn rate of any flaring activity.
    (d) Distance to shore. Identification of the distance of the site 
of your proposed development and production activities

[[Page 35390]]

from the mean high-water mark (mean higher high-water mark on the 
Pacific coast) of the adjacent State.
    (e) Non-exempt facilities. A description of how you will comply 
with Sec. 250.303 when the projected emissions of SO2, PM, 
NOX, CO, or VOC that will be generated by your proposed 
development and production activities are greater than the respective 
emission exemption amounts ``E'' calculated using the formulas in 
Sec. 250.303(d). When MMS requires air quality modeling, you must use 
the guidelines in Appendix W of 40 CFR part 51 with a model approved by 
the Director. Submit the best available meteorological information and 
data consistent with the model(s) used.
    (f) Modeling report. In developing your DPP or DOCD, if you are 
required by Sec. 250.303 to use an approved air quality model to model 
projected air emissions, a modeling report, or the modeling results, or 
a reference to such report or results if you have already submitted it 
to the Regional Supervisor.


Sec. 250.250  What oil and hazardous substance spills information must 
accompany the DPP or DOCD?

    The following information regarding potential spills of oil (see 
definition under 30 CFR 254.6) and hazardous substances (see definition 
under 40 CFR part 116), as applicable, must accompany your DPP or DOCD:
    (a) Oil spill response planning. The material required under either 
paragraph (a)(1) or (a)(2) of this section:
    (1) An Oil Spill Response Plan (OSRP) for the facilities you will 
use to conduct your proposed development and production activities 
prepared according to the requirements of 30 CFR part 254, subpart B; 
or
    (2) Reference to your approved regional OSRP (see 30 CFR 254.3) to 
include:
    (i) A discussion of your regional OSRP;
    (ii) The location of your primary oil spill equipment base and 
staging area;
    (iii) The name(s) of your oil spill removal organization(s) for 
both equipment and personnel;
    (iv) The calculated volume of your worst case discharge scenario 
(see 30 CFR 254.26(a)), and a comparison of the appropriate worst case 
discharge scenario in your approved regional OSRP with the worst case 
discharge scenario that could result from your proposed development and 
production activities; and
    (v) A description of the worst case oil spill scenario that could 
result from your proposed development and production activities (see 30 
CFR 254.26(b), (c), (d), and (e)).
    (b) Modeling report. In developing your DPP or DOCD, if you model a 
potential oil or hazardous substance spill, a modeling report, or the 
modeling results, or a reference to such report or results if you have 
already submitted it to the Regional Supervisor.


Sec. 250.251  If I propose activities in the Alaska OCS Region, what 
planning information must accompany the DPP?

    If you propose development and production activities in the Alaska 
OCS Region, the following planning information must accompany your DPP:
    (a) Emergency plans. A description of your emergency plans to 
respond to a blowout, loss or disablement of a drilling unit, and loss 
of or damage to support craft; and
    (b) Critical operations and curtailment procedures. Critical 
operations and curtailment procedures for your development and 
production activities. The procedures must identify ice conditions, 
weather, and other constraints under which the development and 
production activities will either be curtailed or not proceed.


Sec. 250.252  What environmental monitoring information must accompany 
the DPP or DOCD?

    The following environmental monitoring information, as applicable, 
must accompany your DPP or DOCD:
    (a) Monitoring systems. A description of any existing and planned 
monitoring systems that are measuring or will measure environmental 
conditions and/or will provide project-specific data or information on 
the impacts of your development and production activities.
    (b) Flower Garden Banks National Marine Sanctuary. If you propose 
to conduct development and production activities within the 4-mile 
protective zone of the Flower Garden Banks National Marine Sanctuary, a 
description of your provisions for monitoring the impacts of an oil 
spill.


Sec. 250.253  What lease stipulations information must accompany the 
DPP or DOCD?

    A description of the measures you took, or will take, to satisfy 
the conditions of lease stipulations related to your proposed 
development and production activities must accompany your DPP or DOCD.


Sec. 250.254  What mitigation measures information must accompany the 
DPP or DOCD?

    A description of any measures you will use, beyond those required 
by the regulations in this part, to minimize or mitigate environmental 
impacts from your proposed development and production activities must 
accompany your DPP or DOCD.


Sec. 250.255  What decommissioning information must accompany the DPP 
or DOCD?

    A brief description of how you intend to decommission your wells, 
platforms, pipelines, and other facilities, and clear your site(s) must 
accompany your DPP or DOCD.


Sec. 250.256  What related facilities and operations information must 
accompany the DPP or DOCD?

    The following information regarding facilities and operations 
directly related to your proposed development and production activities 
must accompany your DPP or DOCD:
    (a) OCS facilities and operations. A description and location of 
any of the following that directly relate to your proposed development 
and production activities:
    (1) Drilling units;
    (2) Production platforms;
    (3) Right-of-way pipelines (including those that transport chemical 
products and produced water); and
    (4) Other facilities and operations located on the OCS (regardless 
of ownership).
    (b) Transportation system. A discussion of the transportation 
system that you will use to transport your production to shore, 
including:
    (1) Routes of any new pipelines;
    (2) Information concerning barges and shuttle tankers (including 
the storage capacity of the transport vessel(s) and the number of 
transfers that will take place per year);
    (3) Information concerning any intermediate storage or processing 
facilities;
    (4) An estimate of the quantities of oil, gas, and/or sulphur to be 
transported from your production facilities; and
    (5) A description and location of the primary onshore terminal.


Sec. 250.257  What information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany the DPP or DOCD?

    The following information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany your DPP or DOCD:
    (a) General. A description of the crew boats, supply boats, anchor 
handling vessels, tug boats, barges, ice management vessels, other 
vessels, offshore vehicles, and aircraft you will use to support your 
development and production activities. The description of vessels and 
offshore vehicles must estimate the storage capacity of their fuel 
tanks and the frequency of their

[[Page 35391]]

visits to the facilities you will use to conduct your proposed 
development and production activities.
    (b) Air emissions. A table showing the source, composition, 
frequency, and duration of the air emissions likely to be generated by 
the support vessels, offshore vehicles, and aircraft you will use that 
will operate within 25 miles of the facilities you will use to conduct 
your proposed development and production activities.
    (c) Drilling fluids and chemical products transportation. A 
description of the transportation method and quantities of drilling 
fluids and chemical products (see Sec. 250.243(b) and (d)) you will 
transport from the onshore support facilities you will use to the 
facilities you will use to conduct your proposed development and 
production activities.
    (d) Solid and liquid wastes transportation. A description of the 
transportation method; reason for transportation; and a brief 
description of the composition, quantities, and destination(s) of solid 
and liquid wastes (see Sec. 250.248(a)) you will transport from the 
facilities you will use to conduct your proposed development and 
production activities.
    (e) Vicinity map. A map showing the location of your proposed 
development and production activities relative to the shoreline. The 
map must depict the route(s) the support vessels and aircraft will use 
when traveling between the onshore support facilities you will use and 
the facilities you will use to conduct your proposed development and 
production activities.


Sec. 250.258  What information on the onshore support facilities you 
will use must accompany the DPP or DOCD?

    The following information on the onshore support facilities you 
will use must accompany your DPP or DOCD:
    (a) General. A description of the onshore facilities you will use 
to provide supply and service support for your proposed development and 
production activities (e.g., service bases, pipeline terminals, and mud 
company docks).
    (1) Indicate whether the onshore support facilities are existing, 
to be constructed, or to be expanded; and
    (2) For DPPs only, provide a timetable for acquiring lands 
(including rights-of-way and easements) and constructing or expanding 
any of the onshore support facilities.
    (b) Air emissions. A description of the source, composition, 
frequency, and duration of the air emissions (attributable to your 
proposed development and production activities) likely to be generated 
by the onshore support facilities you will use.
    (c) Unusual solid and liquid wastes. A description of the quantity, 
composition, and method of disposal of any unusual solid and liquid 
wastes (attributable to your proposed development and production 
activities) likely to be generated by the onshore support facilities 
you will use.
    (d) Waste disposal. A description of the onshore facilities you 
will use to store and dispose of solid and liquid wastes generated by 
your proposed development and production activities (see Sec. 250.248) 
and the types and quantities of such wastes.


Sec. 250.259  What sulphur operations information must accompany the 
DPP or DOCD?

    If you are proposing to conduct sulphur development and production 
activities, the following information must accompany your DPP or DOCD:
    (a) Bleedwater. A discussion of the bleedwater that will be 
generated by your proposed sulphur activities, including the measures 
you will take to mitigate the potential toxic or thermal impacts on the 
environment caused by the discharge of bleedwater.
    (b) Subsidence. An estimate of the degree of subsidence expected at 
various stages of your sulphur development and production activities 
and a description of the measures you will take to mitigate the effects 
of subsidence on existing or potential oil and gas production, 
production platforms, and production facilities, and to protect the 
environment.


Sec. 250.260  What Coastal Zone Management Act (CZMA) certification 
must accompany the DPP or DOCD?

    Your DPP or DOCD must be accompanied by a copy of your consistency 
certification under Sec. 307(c)(3)(B) of the CZMA (16 U.S.C. 
1456(c)(3)(B)) and 15 CFR 930.76(d), that states that each of the 
proposed development and production activities described in detail in 
this DPP or DOCD comply with (name of State(s)) approved coastal 
management program(s) and will be conducted in a manner that is 
consistent with such program(s).


Sec. 250.261  What environmental impact analysis (EIA) information must 
accompany the DPP or DOCD?

    The following EIA information must accompany your DPP or DOCD:
    (a) General requirements. Your EIA must:
    (1) Assess the potential environmental impacts of your proposed 
development and production activities;
    (2) Be project specific; and
    (3) Be as detailed as necessary to assist the Regional Supervisor 
in complying with the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.) and other relevant Federal laws.
    (b) Resources, conditions, and activities. Your EIA must describe 
those resources, conditions, and activities listed below that could be 
affected by your proposed development and production activities or that 
could affect the construction and operation of facilities or structures 
or the activities proposed in your DPP or DOCD.
    (1) Meteorology, oceanography, geology, and geological and/or 
manmade hazards;
    (2) Air and water quality;
    (3) Benthic communities, marine mammals, sea turtles, coastal and 
marine birds, fish and shellfish, and plant life;
    (4) Threatened or endangered species and their critical habitat;
    (5) Sensitive biological resources or habitats such as essential 
fish habitat, refuges, preserves, special management areas identified 
in coastal management programs, sanctuaries, rookeries, and calving 
grounds;
    (6) Archaeological resources;
    (7) Socioeconomic resources (including the approximate number, 
timing, and duration of employment of persons engaged in onshore 
support and construction activities), population (including the 
approximate number of people and families added to local onshore 
areas), existing offshore and onshore infrastructure (including major 
sources of supplies, services, energy, and water), types of contractors 
or vendors that may place a demand on local goods and services, land 
use, subsistence resources and harvest practices, recreation, 
recreational and commercial fishing (including seasons, location, and 
type), minority and lower income groups, and coastal zone management 
programs;
    (8) Coastal and marine uses such as military activities, shipping, 
and mineral exploration or development; and
    (9) Other resources, conditions, and activities identified by the 
Regional Supervisor.
    (c) Environmental impacts. Your EIA must:
    (1) Analyze the potential direct and indirect impacts (including 
those from accidents and cooling water intake structures) that your 
proposed development and production activities will have on the 
identified resources, conditions, and activities;

[[Page 35392]]

    (2) Analyze any potential cumulative impacts from other activities 
to those identified resources, conditions, and activities potentially 
impacted by your proposed development and production activities;
    (3) Describe the type, severity, and duration of these potential 
impacts and their biological, physical, and other consequences and 
implications;
    (4) Describe potential measures to minimize or mitigate these 
potential impacts;
    (5) Describe any alternatives to your proposed development and 
production activities that you considered while developing your DPP or 
DOCD and compare the potential environmental impacts; and
    (6) Summarize the information you incorporate by reference.
    (d) Consultation. Your EIA must include a list of agencies and 
persons you consulted, or you will be consulting, regarding potential 
impacts associated with your proposed development and production 
activities.
    (e) References cited. Your EIA must include a list of the 
references that you cite in the EIA.


Sec. 250.262  What administrative information must accompany the DPP or 
DOCD?

    The following administrative information must accompany your DPP or 
DOCD:
    (a) Exempted information description (public information copies 
only). A description of the general subject matter of the proprietary 
information that is included in the proprietary copies of your DPP or 
DOCD or its accompanying information.
    (b) Bibliography. (1) A list of each previously submitted EP, DPP, 
DOCD, study report, survey report, or other material that you reference 
in your DPP or DOCD or its accompanying information.
    (2) The location(s) where the Regional Supervisor can inspect the 
cited referenced material if you have not submitted it.

Review and Decision Process for the DPP or DOCD


Sec. 250.266  After receiving the DPP or DOCD, what will MMS do?

    (a) Determine whether deemed submitted. Within 25 working days 
after receiving your proposed DPP or DOCD and its accompanying 
information, the Regional Supervisor will deem your DPP or DOCD 
submitted if:
    (1) The submitted information, including the information that must 
accompany the DPP or DOCD (refer to list in Sec. 250.242), fulfills 
requirements and is sufficiently accurate;
    (2) You have provided all needed additional information (see 
Sec. 250.201(b)); and
    (3) You have provided the required number of copies (see 
Sec. 250.206(a)).
    (b) Identify problems and deficiencies. If the Regional Supervisor 
determines that you have not met each of the conditions in paragraph 
(a) of this section, the Regional Supervisor will notify you of the 
problem or deficiency. The Regional Supervisor will not deem your DPP 
or DOCD submitted until you have corrected any problem or deficiency 
identified in the notice.


Sec. 250.267  What actions will be taken after the DPP or DOCD is 
deemed submitted?

    (a) State, local government, CZM consistency, and other reviews. 
Within 10 working days after the Regional Supervisor deems your DPP or 
DOCD submitted under Sec. 250.266(a), the Regional Supervisor will send 
by receipted mail a public information copy of the DPP or DOCD and its 
accompanying information to the following:
    (1) The Governor of each affected State. The Governor has 60 
calendar days after receiving your deemed-submitted DPP or DOCD to 
submit comments and recommendations. The Regional Supervisor will 
consider comments and recommendations received by the deadline.
    (2) The executive of any affected local government who requests a 
copy. The executive of any affected local government has 60 calendar 
days after receipt of your deemed-submitted DPP or DOCD to submit 
comments and recommendations. The Regional Supervisor will only 
consider comments and recommendations received by the deadline. The 
executive of any affected local government must forward all comments 
and recommendations to the respective Governor before submitting them 
to the Regional Supervisor.
    (3) The CZM agency of each affected State. The CZMA consistency 
review period under Sec. 307(c)(3)(B)(ii) of the CZMA (16 U.S.C. 
1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the State's CZM agency 
receives a copy of your deemed-submitted DPP or DOCD, consistency 
certification, and required necessary data/information (see 15 CFR 
930.77(a)(1)).
    (b) General public. Within 10 working days after the Regional 
Supervisor deems your DPP or DOCD submitted under Sec. 250.266(a), the 
Regional Supervisor will make a public information copy of the DPP or 
DOCD and its accompanying information available for review to any 
appropriate interstate regional entity and the public at the 
appropriate MMS Regional Public Information Office. Any interested 
Federal agency or person may submit comments and recommendations to the 
Regional Supervisor. Comments and recommendations must be received by 
the Regional Supervisor within 60 calendar days after the DPP or DOCD 
and its accompanying information is made available.
    (c) MMS compliance review. The Regional Supervisor will review the 
development and production activities in your proposed DPP or DOCD to 
ensure that they conform to the performance standards in Sec. 250.202.
    (d) Amendments. During the review of your proposed DPP or DOCD, the 
Regional Supervisor may require you, or you may elect, to change your 
DPP or DOCD.


Sec. 250.268  How does MMS respond to recommendations?

    (a) Governor. The Regional Supervisor will accept those 
recommendations from the Governor that provide a reasonable balance 
between the national interest and the well-being of the citizens of 
each affected State. The Regional Supervisor will explain in writing to 
the Governor the reasons for rejecting any of his or her 
recommendations.
    (b) Local governments and the public. The Regional Supervisor may 
accept recommendations from the executive of any affected local 
government or the public.
    (c) Availability. The Regional Supervisor will make all comments 
and recommendations available to the public upon request.


Sec. 250.269  How will MMS evaluate the environmental impacts of the 
DPP or DOCD?

    The Regional Supervisor will evaluate the environmental impacts of 
the activities described in your proposed DPP or DOCD and prepare 
environmental documentation under NEPA (42 U.S.C.4321 et seq.) and the 
implementing regulations (40 CFR parts 1500 through 1508).
    (a) Environmental impact statement (EIS) declaration. At least once 
in each OCS planning area (other than the Western and Central GOM 
Planning Areas), the Director will declare that the approval of a 
proposed DPP is a major Federal action, and MMS will prepare an EIS.
    (b) Leases or units in the vicinity. Before or immediately after 
the Director determines that preparation of an EIS is required, the 
Regional Supervisor may require lessees and operators of leases or 
units in the vicinity of the proposed

[[Page 35393]]

development and production activities for which DPPs have not been 
approved to submit information about preliminary plans for their leases 
or units.
    (c) Draft EIS. The Regional Supervisor will send copies of the 
draft EIS to the Governor of each affected State and to the executive 
of each affected local government who requests a copy. Additionally, 
when MMS prepares a DPP EIS and when an affected State's Federally-
approved coastal zone management program requires a DPP NEPA document 
for use in determining consistency, the Regional Supervisor will 
forward a copy of the draft EIS to the State's CZM agency. The Regional 
Supervisor will also make copies of the draft EIS available to any 
appropriate Federal agency, interstate regional entity, and the public.


Sec. 250.270  What decisions will MMS make on the DPP or DOCD and 
within what timeframe?

    (a) Timeframe. The Regional Supervisor will act on your deemed-
submitted DPP or DOCD as follows:
    (1) The Regional Supervisor will make a decision within 60 calendar 
days after the close of the comment period provided in Sec. 267(a)(1), 
(a)(2), and (b); or the release or adoption of the final EIS for a DPP; 
or the receipt date of the last amendment to your proposed DOCD, 
whichever occurs later.
    (2) Notwithstanding paragraph (a)(1) of this section, MMS will not 
approve your DPP or DOCD until either:
    (i) All affected States with approved CZM programs concur, or have 
been conclusively presumed to concur, with your DPP or DOCD consistency 
certification under Sec. 307(c)(3)(B)(i) and (ii) of the CZMA (16 
U.S.C. 1456 (c)(3)(B)(i) and (ii)); or
    (ii) The Secretary of Commerce has made a finding authorized by 
Sec. 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii) (see 
Sec. 250.274(b)(1)).
    (b) MMS decision. By the deadline in paragraph (a) of this section, 
the Regional Supervisor will take one of the following actions:

------------------------------------------------------------------------
The Regional Supervisor will-
              -                       if--               And then--
------------------------------------------------------------------------
(1) Approve your DPP or DOCD  it complies with all  The Regional
                               applicable            Supervisor will
                               requirements.         notify you in
                                                     writing of the
                                                     decision and may
                                                     require you to meet
                                                     certain conditions,
                                                     including those to
                                                     provide monitoring
                                                     information.
(2) Require you to modify     it fails to make      The Regional
 your proposed DPP or DOCD.    adequate provisions   Supervisor will
                               for safety,           notify you in
                               environmental         writing of the
                               protection, or        decision and
                               conservation of       describe the
                               natural resources     modifications you
                               or otherwise does     must make to your
                               not comply with the   proposed DPP or
                               lease, the Act, or    DOCD to ensure it
                               the regulations       complies with all
                               prescribed under      applicable
                               the Act or other      requirements.
                               Federal laws.
(3) Disapprove your DPP or    (i) Any of the        (A) The Regional
 DOCD.                         reasons in Sec.       Supervisor will
                               250.271 apply.        notify you in
                                                     writing of the
                                                     decision and
                                                     describe the
                                                     reason(s) for
                                                     disapproving your
                                                     DPP or DOCD; and
                                                    (B) MMS may cancel
                                                     your lease and
                                                     compensate you
                                                     pursuant to 43
                                                     U.S.C. 1351(h) and
                                                     the implementing
                                                     regulations in Sec.
                                                     250.183, 250.184,
                                                     250.185, and 30 CFR
                                                     256.77.
------------------------------------------------------------------------

Sec. 250.271  For what reasons will MMS disapprove the DPP or DOCD?

    The Regional Supervisor will disapprove your proposed DPP or DOCD 
if one of the four reasons in this section applies.
    (a) Non-compliance. The Regional Supervisor determines that you 
have failed to demonstrate that you can comply with the requirements of 
the Act, implementing regulations, or other applicable Federal laws.
    (b) No consistency concurrence.
    (1) An affected State has delayed issuing a final decision on your 
coastal zone consistency certification (see 15 CFR 930.78(a)); or
    (2) An affected State objects to your coastal zone consistency 
certification and the Secretary of Commerce, under 
Sec. 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), does 
not find that each activity described in the DPP or DOCD is consistent 
with the objectives of the CZMA or is otherwise necessary in the 
interest of national security.
    (3) If the Regional Supervisor disapproved your DPP or DOCD for the 
sole reason that an affected State either has delayed issuing a final 
decision on or objected to your coastal zone consistency certification 
(see paragraphs (b)(1) and (2) in this section), the Regional 
Supervisor will approve your DPP or DOCD upon receipt of concurrence, 
at the time concurrence is presumed, or when the Secretary of Commerce 
makes a finding authorized by Sec. 307(c)(3)(B)(iii) of the CZMA (16 
U.S.C. 1456(c)(3)(B)(iii)). In that event, you do not need to resubmit 
your DPP or DOCD for approval under Sec. 250.273(b).
    (c) National security or defense conflicts. Your proposed 
activities would threaten national security or defense.
    (d) Exceptional circumstances. The Regional Supervisor determines 
because of exceptional geological conditions, exceptional resource 
values in the marine or coastal environment, or other exceptional 
circumstances, that all of the following apply:
    (1) Implementing your DPP or DOCD would cause serious harm or 
damage to life (including fish and other aquatic life), property, any 
mineral deposits (in areas leased or not leased), the national security 
or defense, or to the marine, coastal, or human environment;
    (2) The threat of harm or damage will not disappear or decrease to 
an acceptable extent within a reasonable period of time; and
    (3) The advantages of disapproving your DPP or DOCD outweigh the 
advantages of development and production.


Sec. 250.272  If a State objects to the DPP's or DOCD's coastal zone 
consistency certification, what can I do?

    If an affected State objects to the coastal zone consistency 
certification accompanying your proposed or disapproved DPP or DOCD, 
you may do one of the following:
    (a) Amend or resubmit your DPP or DOCD. Amend or resubmit your DPP 
or

[[Page 35394]]

DOCD to accommodate the State's objection and submit the amendment or 
resubmittal to the Regional Supervisor for approval. The amendment or 
resubmittal needs only address information related to the State's 
objections.
    (b) Appeal. Appeal the State's objection to the Secretary of 
Commerce using the procedures in 15 CFR part 930, subpart H. The 
Secretary of Commerce will either:
    (1) Grant your appeal by finding under Sec. 307(c)(3)(B)(iii) of 
the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in 
detail in your DPP or DOCD is consistent with the objectives of the 
CZMA or is otherwise necessary in the interest of national security; or
    (2) Deny your appeal, in which case you may amend or resubmit your 
DPP or DOCD, as described in paragraph (a) of this section.
    (c) Withdraw your DPP or DOCD. Withdraw your DPP or DOCD if you 
decide not to conduct your proposed development and production 
activities.


Sec. 250.273  How do I submit a modified DPP or DOCD or resubmit a 
disapproved DPP or DOCD?

    (a) Modified DPP or DOCD. If the Regional Supervisor requires you 
to modify your proposed DPP or DOCD under Sec. 250.270(b)(2), you must 
submit the modification(s) to the Regional Supervisor in the same 
manner as for a new DPP or DOCD. You need submit only information 
related to the proposed modification(s).
    (b) Resubmitted DPP or DOCD. You may resubmit your disapproved DPP 
or DOCD if there is a change in the conditions that were the basis of 
its disapproval.


Sec. 250.274  When can I expect a decision from MMS on the modified or 
resubmitted DPP or DOCD?

    The Regional Supervisor will use the performance standards in 
Sec. 250.202 to either approve, require you to further modify, or 
disapprove your modified or resubmitted DPP or DOCD. The Regional 
Supervisor will make a decision within 60 calendar days after the 
Regional Supervisor deems your modified or resubmitted DPP or DOCD to 
be submitted or receives the last amendment to your modified or 
resubmitted DPP or DOCD, whichever occurs later.

Post-Approval Requirements for the EP, DPP, and DOCD


Sec. 250.280  How must I conduct activities under the approved EP, DPP, 
or DOCD?

    (a) Compliance. You must conduct all of your lease and unit 
activities according to your approved EP, DPP, or DOCD and any approval 
conditions. If you fail to comply with your approved EP, DPP, or DOCD:
    (1) You may be subject to MMS enforcement action including civil 
penalty; and
    (2) The lease(s) involved in your EP, DPP, or DOCD may be forfeited 
or cancelled under 43 U.S.C. 1334(c) or (d). If this happens, you will 
not be entitled to compensation under Sec. 250.185(b) and 30 CFR 
256.77.
    (b) Emergencies. Nothing in this subpart or in your approved EP, 
DPP, or DOCD relieves you of or limits your responsibility to take 
appropriate measures to meet emergency situations. In an emergency 
situation, the Regional Supervisor may approve or require departures 
from your approved EP, DPP, or DOCD.


Sec. 250.281  What must I do to conduct activities under the approved 
EP, DPP, or DOCD?

    (a) Approvals and permits. Before you conduct activities under your 
approved EP, DPP, or DOCD you must obtain the following approvals and 
or permits, as applicable, from the District or Regional Supervisor:
    (1) Approvals of applications for permits to drill (see 
Sec. 250.414);
    (2) Approvals of production safety systems (see Sec. 250.800);
    (3) Approvals of new platforms and other structures (or major 
modifications to platforms and other structures) (see Sec. 250.901);
    (4) Approvals of applications to install lease term pipelines (see 
Sec. 250.1007); and
    (5) Other permits, as required by applicable law.
    (b) Conformance. The activities proposed in these applications and 
permits must conform to the activities described in detail in your 
approved EP, DPP, or DOCD.
    (c) Separate State CZM consistency review. Your APDs and other 
applications and permits to conduct activities under your approved EP, 
DPP, or DOCD including those identified in paragraph (a) of this 
section are not subject to separate State CZM consistency review.
    (d) EP approval restrictions. The District Supervisor or Regional 
Supervisor will not approve any APDs or other applications and permits 
under your approved EP until either:
    (1) All affected States with approved CZM programs concur or are 
conclusively presumed to concur with your coastal zone consistency 
certification accompanying your EP under Sec. 307(c)(3)(B)(i) and (ii) 
of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or
    (2) The Secretary of Commerce finds, under Sec. 307(c)(3)(B)(iii) 
of the CZMA (16 U.S.C. 1456 (c)(3)(B)(iii)) that each activity covered 
by the EP is consistent with the objectives of the CZMA or is otherwise 
necessary in the interest of national security.
    (3) If an affected State objects to the coastal zone consistency 
certification accompanying your approved EP, you may revise your EP to 
accommodate the State's objection and submit the revision to the 
Regional Supervisor for approval.


Sec. 250.282  Do I have to conduct post-approval monitoring?

    After approving your EP, DPP, or DOCD, the Regional Supervisor may 
direct you to conduct monitoring programs. You must retain copies of 
all monitoring data obtained or derived from your monitoring programs 
and make them available to MMS upon request. The Regional Supervisor 
may require you to:
    (a) Submit monitoring plans for approval before you begin the work; 
and
    (b) Prepare and submit reports that summarize and analyze data and 
information obtained or derived from your monitoring programs. The 
Regional Supervisor will specify requirements for preparing and 
submitting these reports


Sec. 250.283  When must I revise or supplement the approved EP, DPP, or 
DOCD?

    (a) Revised OCS plans. You must revise your approved EP, DPP, or 
DOCD when you propose to:
    (1) Change the type of drilling rig, production facility, or 
transportation mode;
    (2) Change the surface location of a well or production platform by 
a distance more than that specified by the Regional Supervisor;
    (3) Change the type of production or significantly increase the 
volume of production or storage capacity;
    (4) Increase the emissions of an air pollutant to an amount that 
exceeds the amount specified in your approved EP, DPP, or DOCD;
    (5) Significantly increase the amount of solid or liquid wastes to 
be handled or discharged;
    (6) Request a new H2S area classification or increase 
the concentration of H2S to a concentration greater than 
that specified by the Regional Supervisor;
    (7) Change the onshore support base you are using; or
    (8) Change any other activity specified by the Regional Supervisor.
    (b) Supplemental OCS plans. You must supplement your approved EP,

[[Page 35395]]

DPP, or DOCD when you propose to conduct activities on your lease(s) or 
unit that require approval of an application or permit and are not 
covered by your approved EP, DPP, or DOCD. These types of changes are 
called supplemental OCS plans.


Sec. 250.284  How will MMS require revisions to the approved EP, DPP, 
or DOCD?

    (a) Periodic review. The Regional Supervisor will periodically 
review the activities you conduct under your approved EP, DPP, or DOCD 
and may require you to submit updated information on your activities. 
The frequency and extent of this review will be based on the 
significance of any changes in available information and onshore or 
offshore conditions affecting or affected by the activities in your 
approved EP, DPP, or DOCD.
    (b) Significant changes in information or conditions. The Regional 
Supervisor may require you to revise your approved EP, DPP, or DOCD if 
significant changes in available information or in conditions affecting 
or affected by the activities being conducted under the EP, DPP, or 
DOCD have occurred or are occurring.


Sec. 250.285  How do I submit revised and supplemental EPs, DPPs, and 
DOCDs?

    (a) Submittal. You must submit to the Regional Supervisor any 
revisions and supplements to approved EPs, DPPs, or DOCDs for approval, 
whether you initiate them or the Regional Supervisor orders them.
    (b) Information. Revised and supplemental EPs, DPPs, and DOCDs need 
include only information related to or affected by the proposed 
changes, including information on changes in expected environmental 
impacts.
    (c) Procedures. All supplemental EPs, DPPs, and DOCDs, and those 
revised EPs, DPPs, and DOCDs that the Regional Supervisor determines 
are likely to result in a significant change in the impacts previously 
identified and evaluated, are subject to all of the procedures under 
Sec. 250.231 through Sec. 250.235 for EPs, and Sec. 250.266 through 
Sec. 250.274 for DPPs and DOCDs.

Deepwater Operations Plans (DWOP)


Sec. 250.288  When must I submit a DWOP?

    You must submit, and MMS must approve, a DWOP before you conduct 
any activities associated with a development project that will involve 
the use of floating production systems or subsea production technology 
for all water depths.


Sec. 250.289  Why do I need to submit a DWOP?

    A DWOP contains information specific to floating production systems 
or subsea equipment issues that allows MMS to determine if the project 
is being developed in an acceptable manner.


Sec. 250.290  What are the three parts of a DWOP?

    You must prepare and submit your DWOP to the Regional Supervisor in 
three parts: the Conceptual Part, the Preliminary Part, and the Final 
Part, as required by the following table:

----------------------------------------------------------------------------------------------------------------
                                                             Deadline for submission
             Part                         Purpose             to regional supervisor       Other requirements
----------------------------------------------------------------------------------------------------------------
(a) Conceptual................  Addresses the general       After you have identified  You must prepare a
                                 design basis and            the concept(s) for         Conceptual Part for all
                                 philosophy used to          development and before     projects requiring a
                                 develop the field.          you start engineering      DWOP. (See Sec. 250.291
                                 Provides an early           design.                    for detailed content
                                 opportunity for MMS and                                requirements.)
                                 you to agree on a
                                 development plan before
                                 you make major
                                 expenditures for
                                 engineering design.
(b) Preliminary...............  Provides an opportunity     After you have             The Regional Supervisor
                                 for approval of the         substantially completed    must approve the
                                 system and operations       the system design and      Preliminary Part before
                                 plan before you make        before you start           you start production.
                                 major commitments and       procurement and            The Regional Supervisor
                                 expenditures for            fabrication, you may       may waive the
                                 hardware.                   submit the Preliminary     requirement for a
                                                             Part in several sections   Preliminary Part for
                                                             to suit the project        subsea projects in water
                                                             schedule.                  depths less than 1,312
                                                                                        feet (400 meters) that
                                                                                        are similar to projects
                                                                                        previously approved.
                                                                                        (See Sec. 250.292 for
                                                                                        detailed content
                                                                                        requirements.)
(c) Final.....................  Updates information         Within 90 days following   None. (See Sec. 250.293
                                 previously submitted in     initial production.        for detailed content
                                 the Preliminary or                                     requirements.)
                                 Conceptual Parts.
----------------------------------------------------------------------------------------------------------------

Sec. 250.291  What must the Conceptual Part of a DWOP contain?

    The Conceptual Part of a DWOP must include the following 
information:
    (a) A location plat;
    (b) An overview of the development concept(s); and
    (c) Information concerning any temporarily abandoned well(s) that 
are being completed for production.


Sec. 250.292  What must the Preliminary Part of a DWOP contain?

    The Preliminary Part of a DWOP must include the following:
    (a) A description and schematic of the typical wellbore, casing, 
and completion;
    (b) Structural design, fabrication, and installation information 
for each surface system;
    (c) Design, fabrication, and installation information on the 
mooring systems for each surface system;
    (d) Information on any active stationkeeping system(s) involving 
thrusters or other means of propulsion used with a surface system;
    (e) Information concerning the drilling and completion systems;
    (f) Design and fabrication information for each riser system (e.g., 
drilling, workover, production, and injection);
    (g) Pipeline information;
    (h) Information about the design, fabrication, and operation of an 
offtake system for transferring produced hydrocarbons to a transport 
vessel;
    (i) Information about subsea wells and associated systems that 
constitute all or a part of a single project development covered by the 
DWOP;
    (j) A general description of surface production equipment. This may 
be in the form of a narrative or summary level diagrams. Identify the 
proposed fabrication, integration, and assembly locations of process 
equipment;
    (k) A description of the surface/subsea safety system and emergency 
support systems;
    (l) A description of the well production allocation test process;

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    (m) A general description of the operating procedures, including a 
table summarizing the curtailment of production and offloading based on 
operational considerations and environmental conditions (winds, waves, 
and/or currents);
    (n) A description of the facility installation and commissioning 
procedure; and
    (o) A summary of the hazard analysis to identify, evaluate, and 
reduce the likelihood and consequences of uncontrolled hydrocarbon 
releases and other safety or environmental incidents.


Sec. 250.293  What must the Final Part of a DWOP contain?

    The Final Part of a DWOP must include the following information:
    (a) A statement about your adherence to the Preliminary Part of the 
DWOP;
    (b) A listing of any areas where the final configuration or 
operations differ from that approved under the Preliminary Part, with 
appropriate supporting documentation;
    (c) Where the final configuration or operation impacts areas 
approved under other submittals (plans, applications, permits, etc.), a 
discussion and resolution of such issues under the affected submittal; 
and
    (d) For multi-phased development concepts, an update, as 
applicable, of the status of future phases, and a prognosis for 
proceeding to the next phase.


Sec. 250.294  Where do I send the DWOP?

    You must submit four copies of a DWOP to the MMS regional office at 
the applicable address shown in Sec. 250.206(b).


Sec. 250.295  When will the Regional Supervisor approve or disapprove 
the DWOP?

    The Regional Supervisor will either approve or disapprove a 
particular part of your DWOP within the following number of days after 
the Regional Supervisor determines that each part of your DWOP is 
complete:
    (a) Conceptual Part--30 calendar days.
    (b) Preliminary Part--90 calendar days.
    (c) Final Part--60 calendar days.

Conservation Information Documents (CID)


Sec. 250.296  When and why must I submit a CID?

    (a) You must submit, and the Regional Supervisor must approve, a 
CID before you conduct any of the following:
    (1) Activities associated with a development project that will 
involve the use of a structure other than a conventional steel-piled 
jacket platform in water depths greater than 1,312 feet (400 meters); 
or
    (2) Activities associated with a project utilizing subsea 
production technology at any water depth.
    (b) MMS will use the information in the CID to ensure development 
of economically producible reservoirs according to sound conservation, 
engineering, and economic practices before you commit or expend 
substantial funds.


Sec. 250.297  What information must a CID contain?

    A CID must include all of the following information that is 
available for each penetrated hydrocarbon-bearing reservoir that would 
qualify a well as capable of producing in paying quantities under 
Sec. 250.115 or Sec. 250.116:
    (a) Estimates of original oil and gas in-place and anticipated 
recoverable reserves;
    (b) Reservoir development strategies or a statement that you do not 
plan to develop the reservoir;
    (c) Project-specific economic justification, including risk 
assessment, consistent with your internal evaluation if you do not plan 
to develop the reservoir;
    (d) Structure maps, showing the penetration point and subsea depth 
for each well penetrating the reservoir, fluid contacts or the lowest 
or highest known levels in the absence of actual contacts, reservoir 
boundaries, and the scale of the map;
    (e) Interpreted structural cross sections and corresponding full-
scale interpreted seismic lines or block diagrams, as necessary, that 
include all current wellbores and planned wellbores on the leases or 
units to be developed, the reservoir boundaries, gas/oil/water 
contacts, depth scale, stratigraphic positions, and relative 
biostratigraphic ages;
    (f) Isopach maps of each reservoir showing the net feet of pay for 
each well within the reservoir identified at the penetration point, 
along with the well name, labeled contours, and the correct scale of 
the map;
    (g) Appropriate well logs;
    (h) Appropriate pressure data, specified by date, and whether 
estimated or measured; and
    (i) Any other appropriate data you used in performing your 
reservoir evaluations and preparing your reservoir development 
strategies.


Sec. 250.298  How do I submit a CID?

    You must submit three copies of a CID to MMS's GOM OCS Region, 
Production and Development, Attention: Chief, Rate Control Section (MS 
5330). You are encouraged to submit the CID as early as practical and 
before you make capital investment decisions that could be affected by 
MMS conservation decisions.


Sec. 250.299  What decisions will MMS make on the CID?

    The Regional Supervisor will provide a written decision on your 
CID. MMS may disapprove your CID if we determine that additional wells 
or alternative development schemes would result in the economic 
recovery of significant additional volumes of oil and gas reserves.

[FR Doc. 02-11641 Filed 5-16-02; 8:45 am]
BILLING CODE 4310-MR-P