[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48890-48893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19416]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[Docket ID BSEE-2013-0005; OMB Control Number 1014-0017: 134E1700D2 
EEEE500000 ET1SF0000.DAQ000]


Information Collection Activities: Safety and Environmental 
Management Systems (SEMS); Proposed Collection; Comment Request

ACTION: 60-day Notice.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), 
Bureau of Safety and Environmental Enforcement (BSEE) is inviting 
comments on a collection of information that we will resubmit to the 
Office of Management and Budget (OMB) for review and approval. The 
resubmission of this information collection request (ICR) is necessary 
to include a form that we developed to clarify and facilitate 
submission of certain paperwork requirements in the regulations under 
subpart S, Safety and Environmental Management Systems (SEMS). The new 
form is BSEE-0130 and entails no additional information collection 
burden to that already approved by OMB for the SEMS regulations.

DATE: You must submit comments by October 11, 2013.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     Electronically: go to http://www.regulations.gov. In the 
Search box, enter BSEE-2013-0005 then click search. Follow the 
instructions to submit public comments and view all related materials. 
We will post all comments.
     Email [email protected]. Mail or hand-carry comments 
to the Department of the Interior; BSEE; Regulations and Standards 
Branch; Attention: Cheryl Blundon; 381 Elden Street, HE3313; Herndon, 
Virginia 20170-4817. Please reference ICR 1014-0017 in your comment and 
include your name and return address.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch at (703) 787-1607 to obtain a copy, at no cost, of the 
regulation and the form that requires the subject collection of 
information.

SUPPLEMENTARY INFORMATION: 
    Title: 30 CFR 250, subpart S, Safety and Environmental Management 
Systems (SEMS).
    Forms: BSEE-0130 and BSEE-0131.
    OMB Control Number: 1014-0017.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq., and 43 U.S.C. 1801 et seq.), authorizes the 
Secretary of the Interior (Secretary) to prescribe rules and 
regulations necessary for the administration of the leasing provisions 
of that Act related to mineral resources on the OCS. Such rules and 
regulations will apply to all operations conducted under a lease. 
Operations on the OCS must preserve, protect, and develop oil and 
natural gas resources in a manner that is consistent with the need to 
make such resources available to meet the Nation's energy needs as 
rapidly as possible; to balance orderly energy resource development 
with protection of human, marine, and coastal environments; to ensure 
the public a fair and equitable return on the resources of the OCS; and 
to preserve and maintain free enterprise competition. These 
responsibilities are among those delegated to BSEE.
    In addition to the general rulemaking authority of the OCSLA at 43 
U.S.C. 1334, section 301(a) of the Federal Oil and Gas Royalty 
Management Act (FOGRMA), 30 U.S.C. 1751(a), grants authority to the 
Secretary to prescribe such rules and regulations as are reasonably 
necessary to carry out FOGRMA's provisions. While the majority of 
FOGRMA is directed to royalty collection and enforcement, some 
provisions apply to offshore operations. For example, section 108 of 
FOGRMA, 30 U.S.C. 1718, grants the Secretary broad authority to inspect 
lease sites for the purpose of determining whether there is compliance 
with the mineral leasing laws. Section 109(c)(2) and (d)(1), 30 U.S.C. 
1719(c)(2) and (d)(1), impose substantial civil penalties for failure 
to permit lawful inspections and for knowing or willful preparation or 
submission of false, inaccurate, or misleading reports, records, or 
other information. Because the Secretary has delegated some of the 
authority under FOGRMA to BSEE, 30 U.S.C. 1751 is included as 
additional authority for these requirements.
    Regulations governing Safety and Environmental Management Systems 
(SEMS) are covered in 30 CFR 250, subpart S. We require the operator (a 
lessee, the owner or holder of operating rights, or the designated 
operator) to integrate a comprehensive SEMS program into the management 
of their OCS operations, thereby providing for the prevention of waste 
and conservation of natural resources of the Outer Continental Shelf. 
Some, but not all of the requirements in a SEMS consists of Ultimate 
Work Authority (UWA) to address who is in charge of a mobile offshore 
drilling unit (MODU) and who has the final word during an emergency 
event. Self-audits are required to ensure that the operator maintains 
responsibility for the implementation of their SEMS. The operator must 
hire an Audit Service Provider (ASP) to conduct audits, thereby 
avoiding any potential conflicts of interest, and the ASP, in turn, 
must be accredited by a BSEE-approved accreditor. We hold the operator 
accountable for the overall safety of the offshore facility, including 
ensuring that all contractors and subcontractors have safety policies 
and procedures in place that support the implementation of the 
operator's SEMS program and align with the principles of managing 
safety set forth in API RP 75.
    Regulations at 30 CFR 250, subpart S, implement these statutory 
requirements and we consider the information to be critical for us to 
monitor industry's operations record of safety and environmental 
management of the OCS. The Subpart S regulations hold the operator 
accountable for the overall safety of the offshore facility, including 
ensuring that all employees, contractors, and subcontractors have 
safety policies and procedures in place that support the implementation 
of the operator's SEMS program and align with the principles of 
managing safety. The SEMS program describes management commitment to 
safety and the environment, as well as policies and procedures to 
assure safety and environmental protection while conducting OCS 
operations (including those operations conducted by all personnel on 
the facility). The BSEE will use the information obtained by submittals 
and observed via SEMS audits to ensure that operations on the OCS are 
conducted safely, as they pertain to both human and environmental 
factors, and in accordance with BSEE regulations, as well as industry 
practices. The UWA and other recordkeeping will be reviewed diligently 
by BSEE during inspections/audits, etc., to ensure that industry is 
correctly implementing the documentation and that the

[[Page 48891]]

requirements are being followed properly.
    Subsequent to the approval of the information collection 
requirements in the final 30 CFR 250, Subpart S regulations, BSEE 
developed a new form that respondents must use to submit certain 
information collection requirements under Sec.  250.1922. This form 
entails no additional burden as it only clarifies and facilitates the 
submission of the currently approved information collection 
requirements to which the form pertains. This resubmitted information 
collection request (ICR) is revised to only include the new Form BSEE-
0130, SEMS Accreditation Body Application. No burden hours have been 
changed from the currently OMB approved collection. The information on 
BSEE-0130 consists of name, address, etc., accreditation information 
such as member of what accreditation forum, peer review info, and 
description of how you comply with the Subpart S regulatory 
requirements. We ask for what type of accreditation service they are 
providing, as well as any electronic accreditation information for 
public use. There is also a fraud statement and a list of documents 
that should be submitted with the application. We use the information 
obtained to determine suitability for approval as an accreditation 
body. The form is included at the end of this document for your comment 
and review.
    Currently, form BSEE-0131, Performance Measures Data is submitted 
to BSEE. The information on BSEE-0131 includes company identification, 
number of company/contractor injuries and/or illnesses suffered, 
company/contractor hours worked, EPA National Pollutant Discharge 
Elimination System (NPDES) permit noncompliances, and oil spill volumes 
for spills less than 1 barrel. All pieces of information are reported 
annually as collected during 1 calendar year and the information broken 
out quarterly. The information is used to develop industry average 
incident rates that help to describe how well the offshore oil and gas 
industry is performing. Using the produced data allows BSEE to better 
focus our regulatory and research programs on areas where the 
performance measures indicate that operators are having difficulty 
meeting our expectations. The BSEE will be more effective in leveraging 
resources by redirecting research efforts, promoting appropriate 
regulatory initiatives, and shifting inspection program emphasis based 
on performance results.
    The BSEE will protect proprietary information according to the 
Freedom of Information Act (5 U.S.C. 552) and its implementing 
regulations (43 CFR 2); 30 CFR 250.197, Data and information to be made 
available to the public or for limited inspection; and 30 CFR part 252, 
OCS Oil and Gas Information Program. No items of a sensitive nature are 
collected. Responses are required to obtain or retain a benefit and 
they are mandatory.
    Frequency: On occasion.
    Description of Respondents: Potential respondents comprise Federal 
oil, gas, or sulphur lessees and/or operators.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 651,728 hours 
and continues to remain the same in this request. The following chart 
details the individual components and respective hour burden estimates 
of this ICR. In calculating the burdens, we assumed that respondents 
perform certain requirements in the normal course of their activities. 
We consider these to be usual and customary and took that into account 
in estimating the burden.

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    Citation 30 CFR 250 subpart S           Reporting and recordkeeping requirement            Hour burden
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1900-1933............................  High Activity Operator: Have a SEMS program, and  22,364.
                                        maintain all documentation and records
                                        pertaining to your SEMS program, according to
                                        API RP 75, ISO 17011 in their entirety, the COS-
                                        2-01, 03, and 04 documents as listed in Sec.
                                        250.198, and all the requirements as detailed
                                        in 30 CFR 250, Subpart S. Make your SEMS
                                        available to BSEE upon request.
1900-1933............................  Moderate Activity Operator: Have a SEMS program,  4,921.
                                        and maintain all documentation and records
                                        pertaining to your SEMS program, according to
                                        API RP 75, the three COS documents in their
                                        entirety, and all the requirements as detailed
                                        in 30 CFR 250, Subpart S. Make your SEMS
                                        available to BSEE upon request.
1900-1933............................  Low Activity Operator: Have a SEMS program, and   1,027.
                                        maintain all documentation and records
                                        pertaining to your SEMS program, according to
                                        API RP 75, the three COS documents in their
                                        entirety, and all the requirements as detailed
                                        in 30 CFR 250, Subpart S. Make your SEMS
                                        available to BSEE upon request.
1900(b); 1928(d), (e); 1929..........  Submit Form BSEE-0131. Maintain a contractor      10.
                                        employee injury/illness log in the operation
                                        area, retain for 2 years, and make available to
                                        BSEE upon request (this requirement is included
                                        in the form burden). Inform contractors of
                                        hazards.
1911(b)..............................  Immediate supervisor must conduct a JSA, sign     11 mins.*
                                        the JSA, and ensure all personnel participating
                                        sign the JSA. The individual designated as
                                        being in charge of facility approves and signs
                                        all JSAs before job starts. NOTE: If activity
                                        is repeated, the 1stsigned JSA is allowed.
1920(a), (b); 1921...................  ASP audit for High Activity Operator............  $60,000 audit.
                                       ASP audit for Moderate Activity Operator........  $30,000 audit.
                                       ASP audit for Low Activity Operator.............  $12,000 audit.
                                       NOTE: An audit once every 3 years.
1920.................................  Notify BSEE with audit schedule 30 days prior to  1.
                                        conducting your audit.
1920(c); 1925........................  Submit to BSEE after completed audit, an audit    3.
                                        report of findings and conclusions, including
                                        deficiencies and required supporting
                                        information/documentation.
1920(d); 1925(b).....................  Submit/resubmit a copy of your CAP that will      4.
                                        address deficiencies identified in audit.
1922--Form BSEE-0130.................  Organization requests approval for AB; submits    16.
                                        documentation for assessing, approving,
                                        maintaining, and withdrawing accreditation of
                                        ASP.
1922.................................  Make available to BSEE upon request, conflict of  15 mins.
                                        interest procedures.
1924(b)..............................  Make available to BSEE upon request, evaluation   2.
                                        documentation and supporting information
                                        relating to your SEMS.
1924(c)..............................  Explain and demonstrate your SEMS during site     8.
                                        visit if required; provide evidence supporting
                                        your SEMS implementation.

[[Page 48892]]

 
1925(a)..............................  Pay for all costs associated with BSEE directed   13 BSEE directed ASP
                                        ASP audit approximately 10 percent per operator   audits--for a total of
                                        per category: 1 required audit for high           $276,000.
                                        operator ($60,000 per audit x 1 audit =
                                        $60,000); 4 required audits for moderate
                                        operator ($30,000 per audit x 4 audits =
                                        $120,000; and 8 required audits for low
                                        operator ($12,000 per audit per 8 audits =
                                        $96,000) = 13 required audits per year.
1928.................................  (1) Document and keep all SEMS audits for 6       5.
                                        years (at least 2 full audit cycles) at an       2 hrs/mo x 12 mos/yr =
                                        onshore location. (2) JSAs must have documented   24 hrs.
                                        results in writing and kept onsite for 30 days   30 mins.
                                        or until release of the MODU; retain records
                                        for 2 years. (3) All MOC records (API RP Sec 4)
                                        must be documented, dated, and retained for 2
                                        years. (4) SWA documentation must be kept
                                        onsite for 30 days; retain records for 2 years.
                                        (5) Documentation of employee participation
                                        must be retained for 2 years. (6) All
                                        documentation included in this requirement must
                                        be made available to BSEE upon request.
1930(c)..............................  Document decision to resume SWA activities......  8.
1933(a)..............................  Personnel reports unsafe practices and/or health  0.
                                        violations. Burden covered under 30 CFR 250,
                                        Subpart A, 1014-0022.
1933(c)..............................  Post notice where personnel can view their        15 mins.
                                        rights for reporting unsafe practices.
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* We calculated operators conducting six JSAs a day (3 JSAs for each 12 hour shift). Some contractors may
  perform none for a particular day, whereas others may conduct more than six per day. This estimate is an
  average.

    Estimated reporting and recordkeeping non-hour cost burden:
    The currently OMB approved non-hour cost burdens total $1,250,000 
and for this request the burden remains the same. We have identified 
four non-hour cost burdens:
    Sec.  250.1925(a)--Pay for all costs associated with a BSEE 
directed audit due to deficiencies,
    Sec.  250.1920(a)--ASP audits for High, Moderate, and Low Activity 
Operator (3 separate fees).
    We have not identified any other non-hour cost burdens.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
provides that an agency may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. 
Until OMB approves a collection of information, you are not obligated 
to respond.
    Comments: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency ``. . . to provide notice . . . and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information . . .''. Agencies 
must specifically solicit comments to: (a) Evaluate whether the 
collection is necessary or useful; (b) evaluate the accuracy of the 
burden of the proposed collection of information; (c) enhance the 
quality, usefulness, and clarity of the information to be collected; 
and (d) minimize the burden on the respondents, including the use of 
technology.
    Agencies must also estimate the non-hour paperwork cost burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have other than hour burden costs to 
generate, maintain, and disclose this information, you should comment 
and provide your total capital and startup cost components or annual 
operation, maintenance, and purchase of service components. For further 
information on this burden, refer to 5 CFR 1320.3(b)(1) and (2), or 
contact the Bureau representative listed previously in this notice.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.
    The form BSEE-0130 is as follows:

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement

OMB Control Number 1014-xxxx
 OMB Approved Expiration Date: xx/xx/xxxx

SEMS Accreditation Body Application

    Under 30 CFR 250.1922, organizations requesting approval as an 
accreditation body must submit this application to BSEE that describes 
the process for assessing an audit service provider (ASP) for 
accreditation and approving, maintaining, and withdrawing the 
accreditation of an ASP. Requests for approval must be sent to DOI/
BSEE, ATTN: Chief, Office of Offshore Regulatory Programs, 381 Elden 
Street, HE-3314, Herndon, VA 20170.

Name-------------------------------------------------------------------
Address----------------------------------------------------------------
City/State/Zip---------------------------------------------------------
E-Mail-----------------------------------------------------------------
Phone------------------------------------------------------------------

Accreditation Information

    Member of International Accreditation Forum (IAF)? Yes/No

(If Yes, attach associated documentation)
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Most Recent Peer Review?

(Attach associated documentation)
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    Describe how your accreditation process meets the requirements of 
section 6, requirement for accreditation of audit services providers 
performing SEMS audits and Certification of Deepwater Operations (COS-
0204, or its equivalent, attach any documents necessary to support your 
case).
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    What is the scope of accreditation service that you provide?

(Attach associated documentation)

SEMS Audits
ISO 140000
API Spec Q1
Other (specify)--------------------------------------------------------
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BSEE Form BSEE-0130 (Mo/Year)
Page 1 of 2

    Do you have a Web site that is set up to load and display 
accreditation applicant names, final dispositions, expiration dates, 
and scope of accreditation? Yes/No If yes, provide URL --------------

CERTIFICATION

    I certify that the information submitted on and with this form is 
complete and accurate to the best of my knowledge. I understand that 
making a false statement may subject me to criminal penalties under 18 
U.S.C. 1001.
Name and Title:--------------------------------------------------------

[[Page 48893]]

Date:------------------------------------------------------------------

Submission

    Include the following documents (as applicable) with your 
application:

 1 Statement of Qualifications
 2 State Certificate of Incorporation, Partnership or other legal 
entity
 3 Charter or Articles of Incorporation
 4 By-Laws
 5 List of Board of Directors, Trustees, and/or Key Personnel
 6 Most recent financial audit report
 7 Current financial statements, Profit and Loss, or Statement of 
Activities
 8 Description of Quality Management System
 9 Description of process for determining whether to accredit an 
applicant
10 Any peer review reports or audits of compliance with ISO 9000, ISO 
17011, or similar standards
11 Any other relevant certificates or business registrations
12 Official policies regarding: Impartiality, Confidentiality and 
Privacy, Conflict of Interest, and Records Management
13 Certificates of General Liability, Directors and Officers, 
Malpractice, or other insurance and bonding
14 Description of or official policy and procedures for handling 
complaints

    PAPERWORK REDUCTION ACT STATEMENT: The Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.) requires us to inform you that this 
information is collected to implement the various safety and 
environmental provisions of the OCS Lands Act. We use the information 
to determine suitability for approval as an accreditation body. 
Responses are to obtain and/or retain a benefit and mandatory (43 
U.S.C. 1334). Proprietary data are covered under 30 CFR 250.197. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB Control Number. Public reporting burden of this form is 
estimated to average 16 hours per response, including the time for 
reviewing instructions, gathering and maintaining data, and completing 
and reviewing the form. Direct comments regarding the burden estimate 
or any other aspect of this form to the Information Collection 
Clearance Officer, Bureau of Safety and Environmental Enforcement, 381 
Elden Street, Herndon, VA 20170.

BSEE Form BSEE-0130 (Mo/Year)
Page 2 of 2

    Public Comment Procedures: Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

    Dated: August 6, 2013.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2013-19416 Filed 8-9-13; 8:45 am]
BILLING CODE 4310-VH-P