[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63585-63588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26613]


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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); Submitted for Office of Management and 
Budget (OMB) Review; Comment Request

ACTION: 30-day notice.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the 
Bureau of Safety and Environmental Enforcement (BSEE) is notifying the 
public that we have submitted to OMB an information collection request 
(ICR) to renew approval of the paperwork requirements in the 
regulations under subpart S, Safety and Environmental Management 
Systems (SEMS). This notice also provides the public a second 
opportunity to comment on the revised paperwork burden of these 
regulatory requirements.

DATES: You must submit comments by November 19, 2015.

ADDRESSES: Submit comments by either fax (202) 395-5806 or email 
([email protected]) directly to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for the Department of 
the Interior (1014-0017). Please provide a copy of your comments to 
BSEE by any of the means 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], fax (703) 787-1546, or 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, (703) 787-1607, to request additional information 
about this ICR. To see a copy of the entire ICR submitted to OMB, go to 
http://www.reginfo.gov (select Information Collection Review, Currently 
Under Review).

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 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.
    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.
    In this ICR we have 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

[[Page 63586]]

duplicate information collection burden represented by form BSEE-0130. 
Therefore, since the requirement remains the same, removal of the form 
does not constitute a program change.
    Regulations implementing these responsibilities are among those 
delegated to BSEE.
    Responses are mandatory. No questions of a sensitive nature are 
asked. BSEE protects information considered proprietary under the 
Freedom of Information Act (5 U.S.C. 552) and DOI's implementing 
regulations (43 CFR 2), and under regulations at 30 CFR part 250.197, 
Data and information to be made available to the public or for limited 
inspection, 30 CFR part 252, OCS Oil and Gas Information Program.
    The information collected under subpart S is 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 ultimate work authority (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.
    Frequency: On occasion and as required by regulations.
    Description of Respondents: Potential respondents comprise OCS 
Federal oil, gas, or sulphur lessees and/or operators.
    Estimated Reporting and Recordkeeping Hour Burden: The estimated 
annual hour burden for this information collection is a total of 
2,238,164 hours. The following chart details the individual components 
and estimated hour burdens. 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.

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                      Reporting and                            Average number of   annual burden
 Citation 30 CFR 250 subpart S        recordkeeping           Hour burden      annual responses        hours
                                      requirement +                                                  (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        11,625............  40 operators......         465,000
                                  Operator: 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:   1,525.............  75 operators......         114,375
                                  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.
1911(b)........................  Immediate supervisor     15 mins...........  130 operators x            593,125
                                  must conduct a JSA,                          365 days x 50
                                  sign the JSA, and                            JSA's per day = *
                                  ensure all personnel                         2,372,500.
                                  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 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.
                                                         -------------------------------------------------------

[[Page 63587]]

 
1920(a), (b); 1921.............  ASP audit for High           15 operators x $217,000 audit = $3,255,000/3 =
                                  Activity 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             75 operators x $62,000 audit = $4,650,000 3 =
                                  Activity Operator.                             $1,550,000
                                 NOTE: An audit is done
                                  once every 3 years.
                                                         -------------------------------------------------------
1920(b)........................  Notify BSEE with audit   1.................  130 operators/once              44
                                  plan/schedule 30 days                        every 3 years =
                                  prior to conducting                          44.
                                  your audit.
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   10................  170 submissions...           1,700
                                  of 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   20 mins...........  12 requests.......               4
                                  upon request, conflict
                                  of interest procedures.
1924(b)........................  Make available to BSEE   5.................  130 operators.....             650
                                  upon 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.
                                                         -------------------------------------------------------
1925(a)........................  Pay for all costs        13 BSEE directed ASP audits--for a total of $1,145,000
                                  associated with BSEE
                                  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    6.................  130 operators.....             780
                                  all SEMS audits for 6
                                  years (at least two
                                  full audit cycles) at
                                  an onshore location.
                                 (2) JSAs must have       62 hrs/mo x 12 mos/ 838 manned                 623.472
                                  documented results in    yr = 744 hrs.       facilities.
                                  writing and kept
                                  onsite 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     8.................  130 operators once          27,040
                                  resume SWA activities.                       every 2 wks = 130
                                                                               x 52/2 = 3,380.
                                                         ----------------------------------------
1933(a)........................  Personnel reports           Burden covered under 30 CFR 250,                  0
                                  unsafe practices and/             Subpart A 1014-0022
                                  or health violations.
                                                         ----------------------------------------
1933(c)........................  Post notice where        15 mins...........  2,435 facilities..             609
                                  personnel can view
                                  their rights for
                                  reporting unsafe
                                  practices.
                                                                             -----------------------------------
    TOTAL SUBPART S............  .......................  ..................  2,381,721.........       2,238,164
                                                                             -----------------------------------

[[Page 63588]]

 
                                                                               $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 associated with the collection of 
information for a total of $5,220,000. They are as follows:
    Sec.  250.1925(a)--Pay for all costs associated with a BSEE 
directed audit due to deficiencies.
    Sec.  250.1920(a)--ASP audits conducted for High, Moderate, and Low 
Activity Operator.
    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: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) 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.
    To comply with the public consultation process, on July 8, 2015, we 
published a Federal Register notice (80 FR 39152) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  250.199 provides the 
OMB Control Number for the information collection requirements imposed 
by the 30 CFR 250, subpart S regulations and form. The regulation also 
informs the public that they may comment at any time on the collections 
of information and provides the address to which they should send 
comments. We received one comment in response to the Federal Register, 
which was not germane to this ICR.
    Public Availability of Comments: 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: October 13, 2015.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2015-26613 Filed 10-19-15; 8:45 am]
BILLING CODE 4310-VH-P