[Federal Register Volume 68, Number 35 (Friday, February 21, 2003)]
[Proposed Rules]
[Page 8480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4149]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010-AC75


Oil and Gas and Sulphur Operations in the Outer Continental 
Shelf--Safety Measures and Procedures for Pipeline Modifications and 
Repairs

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: MMS withdraws a proposed rule that was published in the 
Federal Register on August 28, 2001 (66 FR 45236). The proposed rule 
required all lessees, lease operators, and pipeline right-of-way 
holders to submit in writing the measures they plan to take and the 
procedures they plan to follow to ensure the safety of offshore workers 
and to prevent pollution before beginning any operation that involves 
cutting into a pipeline or opening a pipeline at a flange. Issues 
raised during the comment period for the proposed rule led MMS to 
reevaluate its pipeline permitting procedures. MMS determined that a 
rewrite of its Subpart J pipeline regulations is a more appropriate 
course of action. Based on this determination, MMS is withdrawing the 
proposed rule.

DATES: The proposed rule is withdrawn as of February 21, 2003.

FOR FURTHER INFORMATION CONTACT: Carl W. Anderson, Operations Analysis 
Branch, at (703) 787-1608 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: MMS is authorized to issue and enforce rules 
to promote safe operations, environmental protection, and resource 
conservation on the Outer Continental Shelf (OCS). (The OCS Lands Act 
(43 U.S.C. 1331 et seq.) defines the OCS.) Under this authority, MMS 
regulates pipeline transportation of mineral production and rights-of-
way for pipelines and associated facilities. MMS approves all OCS 
pipeline applications, regardless of whether a pipeline is built and 
operated under Department of the Interior (DOI) or Department of 
Transportation (DOT) regulatory requirements. MMS also has sole 
authority to grant rights-of-way for OCS pipelines.
    We received comments from five respondents on the proposed rule. 
They were the Offshore Operators Committee, Duke Energy Gas 
Transmission, CMS Panhandle Pipeline Companies, Shell Exploration & 
Production Company, and Enron Transportation Services Company. They 
raised a number of questions that gave us reason to reconsider our 
existing pipeline regulations and internal permitting procedures. We 
reviewed our regulations regarding platform piping systems under 30 CFR 
part 250, subpart H--Oil and Gas Production Safety Systems; industry 
response in emergency repair situations; and the impacts that MMS 
permitting procedures for pipeline modifications and repairs have on 
production operations and transportation pipeline operations.
    The comments we received on this rule have been helpful in calling 
attention to certain aspects of our pipeline regulatory program that 
need upgrading and redefining. Moreover, the review of our internal 
permitting procedures pointed out the need for increased clarification 
regarding our overlapping responsibilities with DOT for OCS pipelines. 
The respective responsibilities of DOI and DOT regarding OCS pipelines 
are defined in a 1996 Memorandum of Understanding between the two 
Departments.
    Therefore, we concluded that rather than continue with this 
rulemaking, we should review and rewrite our regulations under 30 CFR 
part 250, subpart J--Pipelines and Pipeline Rights-of-Way. MMS will 
rewrite the new subpart J in close cooperation with DOT's Office of 
Pipeline Safety to ensure, to the extent possible, that the two 
agencies have compatible regulations governing OCS pipelines. MMS will 
subsequently publish the new subpart J as a proposed rule. The 
withdrawal of this rule will not diminish the safety of offshore 
operations.

    Dated: February 6, 2003.
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management.
[FR Doc. 03-4149 Filed 2-20-03; 8:45 am]
BILLING CODE 4310-MR-P