[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75806-75811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30585]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2015-0012; 15XE1700DX EEEE500000 EX1SF0000.DAQ000]
RIN 1014-AA24


Oil and Gas and Sulphur Operations in the Outer Continental 
Shelf--Decommissioning Costs

AGENCY:  Bureau of Safety and Environmental Enforcement, Interior.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  This rule amends the regulations to require lessees and 
owners of operating rights to submit summaries of actual 
decommissioning expenditures incurred after completion of certain 
decommissioning activities for oil and gas and sulphur operations on 
the Outer Continental Shelf. This information will help BSEE to better 
estimate future decommissioning costs related to OCS leases, rights-of-
way, and rights of use and easement.

DATES:  This final rule becomes effective on January 4, 2016.

FOR FURTHER INFORMATION CONTACT: Lakeisha Harrison, Chief, Regulations 
and Standards Branch, [email protected], (703) 787-1552.

SUPPLEMENTARY INFORMATION: 

Table of Contents

Executive Summary
I. Background
II. What This Final Rule Covers
III. Differences Between Proposed Rule and Final Rule
IV. Comments and Responses
V. Procedural Matters

Executive Summary

    This final rule requires lessees and owners of operating rights 
(collectively, ``lessees'') to submit to the Bureau of Safety and 
Environmental Enforcement (BSEE) summaries of actual expenditures for 
decommissioning of wells, platforms and other facilities on the Outer 
Continental Shelf (OCS) that are required under BSEE's existing 
regulations. This information will help BSEE to better estimate future 
decommissioning costs related to OCS leases, rights-of-way, and rights 
of use and easement. The Bureau of Ocean Energy Management (BOEM) may 
then use BSEE's future decommissioning cost estimates to set necessary 
financial assurance levels to minimize or eliminate the possibility 
that the government will incur decommissioning liability.
    In a proposed rule published on May 27, 2009, the Minerals 
Management Service (BSEE's predecessor agency) proposed to require 
lessees to submit information (including supporting documentation) 
regarding expenditures actually incurred for certain mandatory 
decommissioning activities within 30 days of completion of each 
activity. Based on BSEE's review of public comments on the proposed 
rule, the final rule generally requires only certified summaries of the 
actual expenditures (without other supporting documentation) for those 
decommissioning activities and extends the time period for submission 
of such reports to 120 days after completion of each such activity. 
BSEE may, however, require additional supporting information for 
specific decommissioning costs on a case-by-case basis.

I. Background

    On May 27, 2009, the former Minerals Management Service (MMS) 
published a Notice of Proposed Rulemaking in the Federal Register 
(Leasing of Sulphur or Oil and Gas and Bonding Requirements in the 
Outer Continental Shelf) in order to update and streamline the existing 
OCS leasing regulations under the Outer Continental Shelf Lands Act 
(OCSLA) and to clarify implementation of the Federal Oil and Gas 
Royalty Simplification and Fairness Act of 1996 (see 74 FR 25177). In 
2010 and 2011, the Secretary of the Interior (Secretary) reorganized 
MMS into three bureaus: BSEE, BOEM, and the Office of Natural Resources 
Revenue. The Secretary then delegated to BSEE certain responsibilities 
under OCSLA that were formerly held by MMS, including responsibilities 
for overseeing decommissioning.\1\ BSEE's primary purpose as an agency 
is to promote safety, protect the environment, and ensure responsible 
development and conservation of offshore oil and natural gas resources 
through vigorous regulatory oversight and enforcement.
---------------------------------------------------------------------------

    \1\ For convenience, hereafter we use the term ``BSEE'' rather 
than ``MMS'' in this document, where appropriate, when referring to 
past actions of MMS.
---------------------------------------------------------------------------

    This final rule completes the rulemaking for one of the issues 
covered by the proposed rule that is now under BSEE's authority. 
Specifically, this final rule addresses the proposed requirement that 
lessees submit information regarding actual expenditures incurred for 
certain decommissioning activities required under the existing 
regulations.
    The other issues covered by the proposed rule now under BSEE's 
authority include proposed consolidation of mechanisms for maintaining 
and extending leases past their primary terms and a proposed 
requirement for submittal of pipeline-related reports after approval of 
an assignment or change of designated operator (see 74 FR 25177-25178). 
BSEE may issue a final rule in the future regarding the proposed 
consolidation of mechanisms for extending and maintaining leases beyond 
their primary terms. Similarly, BSEE will decide at a later date 
whether to finalize the proposed pipeline report requirement or to 
address that issue again, potentially in a broader rulemaking under 30 
CFR part 250, Subpart J--Pipelines and Pipeline Rights-of-Way. 
Therefore, these two issues are not included in this final rule. In 
addition, this final rule does not include sections of the proposed 
rule that now fall under BOEM's authority.

 II. What This Final Rule Covers

    This final rule revises portions of BSEE's regulations at 30 CFR 
part 250, Subpart Q--Decommissioning Activities. Specifically, the 
final rule requires lessees to submit certified summaries of actual 
decommissioning expenditures incurred for certain decommissioning 
activities that are required under Subpart Q (i.e., plugging and 
abandonment of wells, removal of platforms and other facilities, and 
site clearance) \2\ within 120 days of completion of each such 
activity. This information will help BSEE better estimate future 
decommissioning costs related to OCS leases, rights-of-way, and rights 
of use and easement. BSEE's decommissioning cost estimates may then be 
used by BOEM to set financial assurance levels necessary to minimize

[[Page 75807]]

or eliminate the possibility that the government will incur 
decommissioning liability.
---------------------------------------------------------------------------

    \2\ For example, Sec. Sec.  250.1710 and 250.1711 require wells 
to be plugged within a year after termination of a lease or when 
ordered by BSEE, respectively. Section 250.1725 requires platforms 
and other facilities to be removed within a year of termination of a 
lease unless the lessee has received approval to maintain the 
facility to conduct other activities. Section 250.1740 requires 
verification that a site has been cleared of obstructions within 60 
days after a well has been plugged or a platform or other facility 
has been removed.
---------------------------------------------------------------------------

    The proposed rule would have added new reporting provisions to 
three separate existing regulatory provisions--Sec. Sec.  250.1717, 
250.1729 and 250.1743--that require submission of decommissioning 
information (including supporting documentation) regarding well 
plugging and abandonment, removal of platforms and other facilities, 
and site clearance, respectively. BSEE has determined, however, that 
adding the decommissioning cost reporting requirements to three 
separate sections would be unnecessarily redundant and potentially 
confusing. Therefore, this final rule adds two new paragraphs--(h) and 
(i)--containing the decommissioning cost reporting requirements to the 
existing Sec.  250.1704, which already provides other decommissioning 
applications and reporting requirements. This approach is intended to 
prevent unnecessary repetition and to provide for consistent cost 
reporting procedures for all of the specified decommissioning 
activities.

III. Differences Between Proposed Rule and Final Rule

    The following is a discussion of differences between the proposed 
rule and the final rule with regard to 30 CFR part 250.
    Subpart Q--Decommissioning Activities--The proposed rule would have 
amended Sec. Sec.  250.1717, 250.1729 and 250.1743 to require 
submission of information, including supporting documentation, on 
expenditures for the decommissioning activities previously described in 
parts II and III. Instead of amending those sections, however, the 
final rule adds new paragraphs (h) and (i) to Sec.  250.1704. Those new 
paragraphs require a lessee to submit to BSEE, after completing the 
specified decommissioning activities, a certified summary of actual 
decommissioning expenditures and, if requested by the Regional 
Supervisor, additional information to support the summary. The addition 
of paragraphs (h) and (i) to Sec.  250.1704 eliminates the need to 
insert repetitive language in Sec. Sec.  250.1717, 250.1729, and 
250.1743, and results in a more consolidated regulation, with 
consistent reporting procedures applicable to all of the specified 
decommissioning activities.
    Under the proposed rule, BSEE would have expected supporting 
documentation to include a statement certifying the truth and accuracy 
of the reported costs. The final rule addresses that expectation, and 
eliminates any potential ambiguity, by expressly requiring that cost 
summaries include such a certification statement.
    In addition, after consideration of comments received regarding 
potential burdens on lessees from the proposed requirement for 
submission of supporting documentation for each expenditure, the final 
rule requires that lessees submit, to the appropriate BSEE Regional 
Supervisor, only a certified summary of decommissioning 
expenditures.\3\ The final rule requires additional supporting 
information only if the appropriate Regional Supervisor specifically 
requires it on a case-by-case basis.
---------------------------------------------------------------------------

    \3\ As a practical matter, BSEE recognizes that a designated 
operator may submit the required summary of decommissioning costs on 
behalf of a lessee.
---------------------------------------------------------------------------

    Finally, based on BSEE's review of the comments on the proposed 
rule, the final rule requires that lessees submit the summary of actual 
decommissioning costs within 120 days of completion of those 
decommissioning activities, instead of the proposed requirement for 
reporting within 30 days. BSEE has determined that 120 days constitutes 
a more appropriate period for lessees to collect, summarize, and submit 
this information.

IV. Comments and Responses

    In response to the proposed rule, BSEE received three comments, all 
from representatives of the offshore oil and gas industry, related to 
the provisions for reporting costs of decommissioning activities. The 
full text of the relevant comments can be viewed at: 
www.regulations.gov. To access those comments, enter MMS-2007-OMM-0069 
in the Search box. A summary of the comments, with BSEE's responses, 
follows.
    Comment: One industry commenter stated that the proposed addition 
of Sec. Sec.  250.1717(e), 250.1729(d), and 250.1743(b)(8) to the 
regulations, requiring submittal of actual expenditures for every 
instance of site clearance, platform removal and well plugging, would 
be unduly burdensome in light of the potential benefits. The commenter 
stated that, while BSEE may need some access to accurate 
decommissioning cost data, there are alternatives available to obtain 
the same information, although the commenter did not state what those 
alternatives might be. The commenter also asserted that the proposed 
provisions gave no guidance as to exactly what expenditures should be 
included from an accounting perspective, and that the proposal to 
require each lessee to account for such expenses separately would 
diminish the usefulness of the information provided to BSEE. The 
commenter also stated that lessees are willing to work with BSEE on a 
case-by-case basis to provide specific cost information as necessary. 
Finally, the commenter stated that, to the extent any trade secret, or 
confidential or proprietary information might be included in 
submissions to BSEE, the proposed rule did not include a mechanism to 
protect that information from disclosure.
    Response: Contrary to the commenter's assertion, BSEE does not have 
ready access to other sources of information for actual expenditures 
incurred for decommissioning activities. As previously explained, BSEE 
needs and will use decommissioning cost data to estimate future 
decommissioning costs, which BOEM will use to set the amount of 
required bonds and other forms of financial security. However, while 
the final rule provides that a lessee must report actual 
decommissioning expenditures incurred for the specified decommissioning 
activities, it now requires, in general, that the lessee submit only a 
summary of such expenditures rather than specific supporting 
documentation for each expenditure. The information needed to prepare 
such a summary is readily available to industry as a matter of business 
practice, and supplying this summary information does not constitute an 
unreasonable burden.
    In addition, the final rule provides examples of activities 
(including, but not limited to, expenses incurred for the use of rigs, 
vessels, equipment, supplies and materials, transportation of any kind, 
personnel, and services) associated with the specified decommissioning 
activities for which summaries of actual expenditures incurred must be 
submitted.
    While the final rule does not include the proposed requirement to 
submit supporting documentation for each decommissioning expenditure, 
the final rule provides that BSEE may request additional information on 
a case-by-case basis to support the summary, as suggested by the 
commenter. However, in such cases, BSEE will minimize the burden by 
working directly with the lessee to determine what specific supporting 
information is required.\4\ In

[[Page 75808]]

addition, by working together on a case-by-case basis whenever 
supporting information is requested, BSEE and the lessee can help 
reduce the need to submit any confidential information. Any 
confidential information that is provided will be handled in accordance 
with the Freedom of Information Act (FOIA) (5 U.S.C. 552), the 
Department of the Interior's (DOI's) FOIA regulations (43 CFR part 2), 
and section 26 of OCSLA, 43 U.S.C. 1352.
---------------------------------------------------------------------------

    \4\ Although BSEE does not anticipate that such supporting 
information will be needed often, there may be situations (e.g., 
when a lessee's summary reflects decommissioning expenditures 
substantially higher or lower than other lessees' summaries for 
similar activities in the same area) where additional supporting 
information would be appropriate.
---------------------------------------------------------------------------

    Comment: Another commenter also stated that the proposed 
requirement to submit all ``expenses'' with ``supporting 
documentation'' would impose a significant burden. Further, the 
commenter observed that since the proposed rule provided no guidelines 
on what constitutes an ``expense,'' BSEE likely would receive 
inconsistent reporting from lessees. The commenter's preference is for 
BSEE to work directly with lessees to develop specific information 
requirements and to allow the lessees to exclude confidential or 
proprietary information.
    Response: As previously explained, BSEE needs information regarding 
actual decommissioning expenditures incurred by lessees in order to 
appropriately estimate future costs and minimize the government's risk 
of potential decommissioning liability. However, since the final rule 
typically will require only a summary of actual decommissioning 
expenditures, the overall potential burden on lessees will likely be 
less than under the proposed rule, and the summary will be less likely 
to reflect confidential or proprietary information. In addition, as 
suggested by two commenters, BSEE will work directly with lessees on a 
case-by-case basis, as necessary, whenever additional supporting 
information may be required in order to avoid or minimize the potential 
need for submission of any confidential information.
    Finally, since the final rule now lists several examples of the 
types of expenditures that must be included in the summaries, and since 
BSEE will work with individual lessees to determine what additional 
supporting information, if any, is needed in specific cases, the 
possibility of inconsistent reporting suggested by the commenter will 
be minimized. In addition, BSEE expects to issue further guidance to 
assist lessees in preparing expenditure summaries, such as using cost 
classifications and accounting methods consistent with current OCS 
joint interest summary form billing standards and practices.
    Comment: A third commenter stated that BSEE did not need cost data 
with supporting documentation to help assess bonding requirements. 
Rather, the commenter suggested that BSEE could request operators to 
certify the cost information instead of requiring supporting 
documentation.
    Response: As suggested by the commenter, instead of requiring 
supporting information in every case, the final rule requires that a 
lessee submit only a summary of its decommissioning costs, with a 
certification statement by an authorized company representative. 
Additional supporting information is required only when the Regional 
Supervisor requests such information on a case-by-case basis.

V. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 (E.O. 12866) provides that the Office of 
Management and Budget (OMB), Office of Information and Regulatory 
Affairs (OIRA), will review all significant rules. BSEE has determined 
that this final rule is not a significant regulatory action as defined 
by section 3(f) of E.O. 12866 because:

--It is not expected to have an annual effect on the economy of $100 
million or more;
--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;
--It will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
--It will not alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights or obligations of their 
recipients; and
--It does not raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
E.O. 12866.

    Accordingly, BSEE has not prepared an economic analysis, and OIRA 
has not reviewed this rule.
    Executive Order 13563 (E.O. 13563) reaffirms the principles of E.O. 
12866 while calling for improvements in the Nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. E.O. 13563 directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. It also emphasizes that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. BSEE developed this rule in a manner consistent with 
these requirements.

Regulatory Flexibility Act (RFA)

    BSEE certifies that this final rule will not have a significant 
economic effect on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.). This rule potentially affects offshore lessees 
who perform decommissioning activities under 30 CFR part 250. This 
could include about 130 active companies. Offshore lessees fall under 
the Small Business Administration's North American Industry 
Classification System (NAICS) codes 211111 (Crude Petroleum and Natural 
Gas Extraction) and 213111 (Drilling Oil and Gas Wells). For these 
NAICS code classifications, a small company is one with fewer than 500 
employees. Based on these criteria, an estimated 90 (or 69 percent) of 
the active companies are considered small. Thus, this final rule would 
affect a substantial number of small entities.
    However, because the final rule requires only summary reports of 
actual expenditures related to performance of decommissioning 
activities, it will not impose significant new costs or burdens on 
offshore oil and gas companies. Accordingly, this rule will not have a 
significant economic effect on a substantial number of small entities, 
and BSEE is not required by the RFA to prepare a regulatory flexibility 
analysis for this rule.
    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 actions of BSEE, call 1-888-
734-3247. You may comment to the Small Business Administration (SBA) 
without fear of retaliation. Allegations of discrimination/retaliation 
filed with the SBA will be investigated for appropriate action.

[[Page 75809]]

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under the SBREFA (5 U.S.C. 801 et 
seq.). This rule will not:

--Have an annual effect on the economy of $100 million or more;
--Cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
--Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act of 1995

    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 also will not have a significant or unique effect on 
state, local, or tribal governments or the private sector. Thus, a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings Implication Assessment (Executive Order 12630)

    Under the criteria in Executive Order 12630, this rule will not 
have significant takings implications. The rule is not a governmental 
action capable of interference with constitutionally protected property 
rights. Therefore, a Takings Implication Assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in 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. To the extent that State and local governments have a role 
in OCS activities, this rule does not affect that role. Accordingly, a 
Federalism Assessment is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988 
(E.O. 12988), Civil Justice Reform (February 7, 1996). Specifically, 
this rule:

--Meets the criteria of section 3(a) of E.O. 12988 requiring that all 
regulations be reviewed to eliminate drafting errors and ambiguity and 
be written to minimize litigation; and
--Meets the criteria of section 3(b)(2) of E.O. 12988 requiring that 
all regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribal Governments (Executive Order 13175)

    We have evaluated this rule under the Department's tribal 
consultation policy and under the criteria in Executive Order 13175 and 
have determined that it has no substantial direct effects on federally 
recognized Indian tribes, or on the relationship or distribution of 
power and responsibilities between the Federal Government and Indian 
tribes, and that consultation under the Department's tribal 
consultation policy is not required.

Paperwork Reduction Act (PRA)

    This rule contains new information collection (IC) requirements and 
submission to the OMB under the PRA of 1995 (44 U.S.C. 3501 et seq.) is 
required. The OMB has approved the IC in this rule under OMB Control 
Number 1014-0029, expiration November 30, 2018. We estimate the annual 
burden associated with this IC to be 820 hours per year.
    The title of the collection of information for this rule is 30 CFR 
part 250, subpart Q, Decommissioning Costs. Potential respondents 
include approximately 130 OCS lessees. Responses to this collection are 
mandatory. The frequency of response is on occasion. The IC does not 
include questions of a sensitive nature. BSEE will protect confidential 
commercial and proprietary information according to section 26 of OCSLA 
(43 U.S.C. 1352), FOIA (5 U.S.C. 552) and DOI's implementing 
regulations (43 CFR part 2), and according to 30 CFR 250.197 (Data and 
information to be made available to the public or for limited 
inspection). Once the requirements of this rulemaking have been 
codified, BSEE will consolidate these additional burden hours into the 
primary collection for 30 CFR part 250, Subpart Q, under OMB Control 
Number 1014-0010 (expiration 10/31/16; 29,437 burden hours and 
$2,152,644 non-hour cost burdens).
    We received three comments stating that the proposed requirements 
would impose a significant burden. Although we reduced the regulatory 
requirements for this final rule, as previously described, we felt it 
was prudent to use the same number of burden hours as in the proposed 
rule. We will adjust the burden hours accordingly in the IC renewal 
when industry has had enough experience with the final rule to 
determine the actual burden associated with these requirements. Also, 
based on comments received, there are some regulatory text revisions, 
which consist of the following. The final rule:

--Requires lessees to submit to BSEE only a summary of actual 
decommissioning expenditures incurred for each decommissioning activity 
(unless additional information is specifically required by the BSEE 
Regional Supervisor on a case-by-case basis); and
--Changes the summary submission period from 30 days to 120 days after 
completion of each decommissioning activity, giving industry more time 
to comply.

    There are no non-hour cost burdens associated with this rulemaking. 
The following table is a breakdown of the burden estimate:

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                         Reporting and
       Citation 30 CFR 250               recordkeeping         Hour burden    Average number of    Annual burden
                                         requirements                          annual responses        hours
----------------------------------------------------------------------------------------------------------------
Proposed 250.1717(e); 1729(d);     Submit to the Regional                 1  820 summaries/                  820
 1743(b)(8).                        Supervisor, within 120                    additional info.
Final 250.1704(h), (i)...........   days after completion
                                    of each identified
                                    decommissioning
                                    activity, a summary of
                                    expenditures incurred
                                    and subsequently, if
                                    requested, any
                                    additional information
                                    that will support and/
                                    or verify the summary.
----------------------------------------------------------------------------------------------------------------
Final 250.1704(h)................  Submit certified            Exempt from the PRA under 5 CFR                 0
                                    statement attesting to              1320.3(h)(1).
                                    accuracy of
                                    expenditures incurred
                                    data.
                                                            ----------------------------------------------------

[[Page 75810]]

 
    Total........................  ........................  ..............  820................             820
----------------------------------------------------------------------------------------------------------------

    An agency may not conduct or sponsor, and you are not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number. The public may comment at any time on the 
accuracy of the IC burden in this rule and may submit any comments to 
the Department of the Interior, Bureau of Safety and Environmental 
Enforcement, Attention: Regulations and Standards Branch, VA-ORP, 45600 
Woodland Road, Sterling, VA 20166.

National Environmental Policy Act of 1969 (NEPA)

    This rule meets the criteria set forth in 43 CFR 46.210(i) and 516 
Departmental Manual (DM) 15.4C(1) for a categorical exclusion, because 
it involves modification of existing regulations, the impacts of which 
would be limited to administrative or economic effects with minimal 
environmental impacts.
    We also analyzed this rule to determine if it involves any of the 
extraordinary circumstances set forth in 43 CFR 46.215 that would 
require an environmental assessment or an environmental impact 
statement for actions otherwise eligible for a categorical exclusion. 
We concluded that this rule does not meet any of the criteria for 
extraordinary circumstances.

Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(44 U.S.C. 3516 et seq., Public Law 106-554, app. C Sec.  515, 114 
Stat. 2763, 2763A-153-154).

Effects on the Nation's Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under Executive Order 
13211 (E.O. 13211) because:

--It is not a significant regulatory action under E.O. 12866;
--It is not likely to have a significant adverse effect on the supply, 
distribution or use of energy; and
--It has not been designated as a significant energy action by the 
Administrator of OIRA.

List of Subjects in 30 CFR Part 250

    Administrative practice and procedure, Continental shelf, 
Environmental impact statements, Environmental protection, 
Investigations, Oil and gas exploration, Penalties, Reporting and 
recordkeeping requirements, Sulphur.

    Dated: August 28, 2015.
Janice M. Schneider,
Assistant Secretary, Land and Minerals Management.

    Editorial note: This document was received for publication by 
the Office of Federal Register on November 30, 2015.

    For the reasons stated in the preamble, BSEE amends 30 CFR part 250 
as follows:

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

0
1. The authority citation for part 250 continues to read as follows:

    Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 43 U.S.C. 1334.


0
2. Amend Sec.  250.1704 by revising the section heading and the 
introductory text, and by adding new paragraphs (h) and (i) to the 
Decommissioning Applications and Reports Table, to read as follows:


Sec.  250.1704  What decommissioning applications and reports must I 
submit and when must I submit them?

    You must submit decommissioning applications, receive approval of 
those applications, and submit subsequent reports according to the 
requirements and deadlines in the following table.
* * * * *

             Decommissioning Applications and Reports Table
------------------------------------------------------------------------
 Decommissioning applications
          and reports             When to submit        Instructions
------------------------------------------------------------------------
 
                              * * * * * * *
(h) A certified summary of      Within 120 days    Submit to the
 expenditures for permanently    after completion   Regional Supervisor
 plugging any well, removal of   of each            a complete summary
 any platform or other           decommissioning    of expenditures
 facility, and clearance of      activity           actually incurred
 any site after wells have       specified in       for each
 been plugged or platforms or    this paragraph.    decommissioning
 facilities removed.                                activity (including,
                                                    but not limited to,
                                                    the use of rigs,
                                                    vessels, equipment,
                                                    supplies and
                                                    materials;
                                                    transportation of
                                                    any kind; personnel;
                                                    and services).
                                                    Include in, or
                                                    attach to, the
                                                    summary a certified
                                                    statement by an
                                                    authorized
                                                    representative of
                                                    your company
                                                    attesting to the
                                                    truth, accuracy and
                                                    completeness of the
                                                    summary. The
                                                    Regional Supervisor
                                                    may provide specific
                                                    instructions or
                                                    guidance regarding
                                                    how to submit the
                                                    certified summary.
(i) If requested by the         Within a           The Regional
 Regional Supervisor,            reasonable time    Supervisor will
 additional information in       as determined by   review the summary
 support of any                  the Regional       and may provide
 decommissioning activity        Supervisor.        specific
 expenditures included in a                         instructions or
 summary submitted under                            guidance regarding
 paragraph (h) of this section.                     the submission of
                                                    additional
                                                    information
                                                    (including, but not
                                                    limited to, copies
                                                    of contracts and
                                                    invoices), if
                                                    requested, to
                                                    complete or
                                                    otherwise support
                                                    the summary.
------------------------------------------------------------------------


[[Page 75811]]

[FR Doc. 2015-30585 Filed 12-3-15; 8:45 am]
 BILLING CODE 4310-VH-P