[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39152-39156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16675]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[Docket ID BSEE-2015-0010; OMB Control Number 1014-0017; 15XE1700DX 
EEEE500000 EX1SF0000.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), BSEE 
is inviting comments on a collection of information that we will submit 
to the Office of Management and Budget (OMB) for review and approval.

[[Page 39153]]

The information collection request (ICR) concerns a renewal to the 
paperwork requirements in the regulations under Subpart S, Safety and 
Environmental Management Systems (SEMS).

DATES: You must submit comments by September 8, 2015.

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-2015-0010 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; Bureau of Safety and Environmental 
Enforcement; Regulations and Standards Branch; ATTN: Cheryl Blundon; 
45600 Woodland Road, Sterling, VA 20166. 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 request additional information 
about this ICR.

SUPPLEMENTARY INFORMATION: 
    Title: 30 CFR part 250, subpart S, Safety and Environmental 
management Systems (SEMS).
    Form(s): BSEE-0131.
    OMB Control Number: 1014-0017.
    Abstract: The Outer Continental Shelf (OCS) Lands Act at 43 U.S.C. 
1334 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 the Bureau of Safety and 
Environmental Enforcement (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 and are the subject of this 
collection. This request also covers any related Notices to Lessees and 
Operators (NTLs) that BSEE issues to clarify, supplement, or provide 
additional guidance on some aspects of our regulations.
    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). 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 requirements are being followed properly.
    Information on Form 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. 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.
    However, this ICR has removed form BSEE-0130. BSEE has found that 
there have been no instances of organizations using form BSEE-0130 and 
that equivalent information can be submitted by organizations following 
the instructions in Sec.  250.1922(a)(1), ``. . . submit documentation 
to BSEE describing the process for assessing an ASP for accreditation 
and approving, maintaining, and withdrawing the accreditation of an 
ASP.'' BSEE's Office of Offshore Regulatory Programs will then review 
the information, request other supporting documents as needed, and 
propose terms of BSEE oversight, in order to ensure conformance with 
the entirety of Sec.  250.1922. Therefore, BSEE believes the intent of 
the form BSEE-0130 is already incorporated in the regulations and will 
remove the duplicate information collection burden represented by form 
BSEE-0130.
    No questions of a sensitive nature are asked. We protect 
proprietary information according to the Freedom of Information Act (5 
U.S.C. 552) and DOI's 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. Responses are mandatory.
    Frequency: Varies by section but is primarily 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

[[Page 39154]]

burden for this collection is 651,728 hours and $9,444,000 non-hour 
cost burdens. In this submission, we are requesting a total of 
2,238,164 burden hours and $5,220,000 non-hour cost burdens. 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.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                 Reporting and recordkeeping                   Average number of   annual burden
 Citation 30 CFR 250 subpart S          requirement +           Hour burden    annual responses        hours
                                                                                                     (rounded)
----------------------------------------------------------------------------------------------------------------
1900-1933......................  High Activity Operator:              27,054  15 operators......        405,810.
                                  Have a SEMS program, and
                                  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:          11,625  40 operators......        465,000.
                                  Have a SEMS program, 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           1,525  75 operators......        114,375.
                                  a SEMS program, 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.
1911(b)........................  Immediate supervisor must          15 mins.  130 operators x           593,125.
                                  conduct a JSA, sign the                      365 days x 50
                                  JSA, and ensure all                          JSA's per day =
                                  personnel participating                      2,372,500 *.
                                  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 1st
                                  signed JSA is allowed.
1914(e); 1928(d), (e); 1929....  Submit Form BSEE-0131.                   15  130 operators.....          1,950.
                                  Maintain a contractor
                                  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.
                                                             ---------------------------------------------------
1920(a), (b); 1921.............  ASP audit for High Activity    15 operators x $217,000 audit = $3,255,000/3 =
                                  Operator.                                       $1,085,000.
                                 ASP audit for Moderate         40 operators x $108,000 audit = $4,320,000/3 =
                                  Activity Operator.                              $1,440,000.
                                 ASP audit for Low Activity      75 operators x $62,000 audit = $4,650,000/3 =
                                  Operator.                                       $1,550,000.
                                                             ---------------------------------------------------
                                 NOTE: An audit is done once
                                  every 3 years.
1920(b)........................  Notify BSEE with audit plan/              1  130 operators/once   44 (rounded).
                                  schedule 30 days prior to                    every 3 years =
                                  conducting your audit.                       44.
1920(c); 1925(a);..............  Submit to BSEE after                      4  44 operators......            176.
                                  completed audit, an audit
                                  report of findings and
                                  conclusions, including
                                  deficiencies and required
                                  supporting information/
                                  documentation.
1920(d); 1925(b);..............  Submit/resubmit a copy of                10  170 submissions...          1,700.
                                  your CAP that will address
                                  deficiencies identified in
                                  audit within 60 days of
                                  audit completion.
1922(a)........................  Organization requests                    15  3 requests........             45.
                                  approval for AB; submits
                                  documentation for
                                  assessing, approving,
                                  maintaining, and
                                  withdrawing accreditation
                                  of ASP.
1922(b)........................  Make available to BSEE upon        20 mins.  12 requests.......              4.
                                  request, conflict of
                                  interest procedures.
1924(b)........................  Make available to BSEE upon               5  130 operators.....            650.
                                  request, evaluation
                                  documentation and
                                  supporting information
                                  relating to your SEMS.
1924(c)........................  Explain and demonstrate                  12  12 explanations...            144.
                                  your SEMS during site
                                  visit if required; provide
                                  evidence supporting your
                                  SEMS implementation.
                                                             ---------------------------------------------------

[[Page 39155]]

 
1925(a);.......................  Pay for all costs                13 BSEE directed ASP audits--for a total of
                                  associated with BSEE                            $1,145,000.
                                  directed ASP audit
                                  approximately 10 percent
                                  per operator per category:
                                  1 required audit for high
                                  operator ($217,000 per
                                  audit x 1 audit =
                                  $217,000); 4 required
                                  audits for moderate
                                  operator ($108,000 per
                                  audit x 4 audits =
                                  $432,000; and 8 required
                                  audits for low operator
                                  ($62,000 per audit per 8
                                  audits = $496,000) = 13
                                  required audits per year.
                                                             ---------------------------------------------------
1928...........................  (1) Document and keep all                 6  130 operators.....            780.
                                  SEMS audits for 6 years
                                  (at least two full audit
                                  cycles) at an onshore
                                  location.
                                 (2) JSAs must have           62 hrs/mo x 12  838 manned                623.472.
                                  documented results in         mos/yr = 744   facilities.
                                  writing and kept onsite                hrs
                                  for 30 days 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                     2  1,620 unmanned              3,240.
                                  included in this                             facilities.
                                  requirement must be made
                                  available to BSEE upon
                                  request.
1930(c)........................  Document decision to resume               8  130 operators once         27,040.
                                  SWA activities.                              every 2 wks = 130
                                                                               x 52/2 = 3,380.
                                                             ---------------------------------------------------
1933(a)........................  Personnel reports unsafe      Burden covered under 30 CFR 250,               0.
                                  practices and/or health             Subpart A 1014-0022
                                  violations.
                                                             ---------------------------------------------------
1933(c)........................  Post notice where personnel        15 mins.  2,435 facilities..  609 (rounded).
                                  can view their rights for
                                  reporting unsafe practices.
                                                                             -----------------------------------
    Total Subpart S............  ...........................  ..............  2,381,721                2,238,164
                                                                               Responses.                 Hours.
                                                                             -----------------------------------
                                 ...........................  ..............   $5,220,000 Non-Hour Cost Burdens
----------------------------------------------------------------------------------------------------------------
* We calculated operators conducting 50 JSAs a day (25 JSAs for each 12 hour shift). Some contractors may
  perform none for a particular day, whereas others may conduct more than 50 per day. This estimate is an
  average. Also, in Alaska, the Alaska Safety Handbook or ASH is followed on the North Slope, which is a book
  containing both safety standards and the permit to work process for North Slope operations. The ASH includes
  work permits which include a hazards analysis and mitigation measures section on the back of the permit.
+ In the future, BSEE may require electronic filing of some submissions.

Estimated Reporting and Recordkeeping Non-Hour Cost Burden

    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.
    We estimate a total reporting non-hour cost burden to industry of 
$5,220,000 for this collection of information. We have not identified 
any other non-hour cost burdens associated with this collection of 
information.
    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.
    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.


[[Page 39156]]


    Dated: July 1, 2015.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2015-16675 Filed 7-7-15; 8:45 am]
 BILLING CODE 4310-VH-P