[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67343-67345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28304]


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

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[Docket ID: BSEE-2018-0017; 190E1700D2 ET1SF0000.PSB000 EEEE500000]


Oil and Gas and Sulfur Operations in the Outer Continental 
Shelf--Request for Information Regarding Potential Impacts of 
Decommissioning-in-Place of Pipeline-Related Infrastructure in 
Deepwater

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Notice of Request for Information.

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

SUMMARY: The Bureau of Safety and Environmental Enforcement (BSEE) is 
soliciting information and public comments regarding potential impacts 
(including impacts on future use of the Outer Continental Shelf (OCS)) 
related to decommissioning-in-place (DIP) of certain pipeline-related 
infrastructure in deepwater (i.e., depths of at least 600 feet) on the 
OCS. Responses to this Request for Information (RFI) will help identify 
technical, safety and environmental factors, as well as potential 
impacts to other uses of the OCS, that will inform BSEE's consideration 
of requests to allow DIP of such pipeline-related infrastructure in 
deepwater in lieu of decommissioning by removal. BSEE intends to make 
any written comments or other information submitted in response to this 
RFI publicly available on www.regulations.gov.

DATES: Written comments and other information in response to this RFI 
must be submitted on or before February 26, 2019.

ADDRESSES: You may submit comments and other information in response to 
this RFI by the following methods. Please use docket number BSEE-2018-
0017 as an identifier in your message.
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. In 
the entry entitled, ``Enter Keyword or ID,'' enter BSEE-2018-0017 then 
click search. Follow the instructions to submit public comments and 
view supporting and related materials available for this rulemaking. 
BSEE may post all submitted comments.
    [cir] Mail or hand-carry comments or other information to the 
Department of the Interior; Bureau of Safety and Environmental 
Enforcement; Attention: Regulations Development Section, 45600 Woodland 
Road, Sterling, Virginia 20166. Please reference ``Request for 
Information Regarding Potential Impacts of Decommissioning-in-place of 
Pipeline-related Infrastructure in Deepwater, BSEE-2018-0017'' in your 
submission and include your name and return address.
    <bullet> Before including your address, phone number, email 
address, or other personal identifying information in your response, 
you should be aware that your entire response--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us to withhold your personal identifying information 
from public view, we cannot guarantee that we will be able to do so. If 
you want BSEE to withhold from disclosure your personal identifying 
information, you must identify the information that, if released, would 
constitute a clearly unwarranted invasion of your personal privacy. You 
must also briefly describe any possible harmful consequence(s) of the 
disclosure of such information.

FOR FURTHER INFORMATION CONTACT: Lakeisha Harrison, Chief, Regulations 
and Standards Branch, at (703) 787-1552 or by email: <a href="/cdn-cgi/l/email-protection#493b2c2e3a092b3a2c2c672e263f"><span class="__cf_email__" data-cfemail="ee9c8b899dae8c9d8b8bc0898198">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Outer Continental Shelf Lands Act (OCSLA), 
43 U.S.C. 1331 et seq. and its implementing regulations (30 CFR part 
250), BSEE is responsible for regulating many activities on the OCS in 
order to ensure the orderly and expeditious development of oil and 
natural gas resources in a safe and environmentally responsible manner. 
Among other responsibilities, BSEE enforces regulations for 
decommissioning of pipelines and related infrastructure on the OCS 
seabed, as well as regulations for decommissioning of wells, platforms 
and other facilities. (See 30 CFR part 250, subpart Q (Sec. Sec.  
250.1700--250.1754).)
    The Subpart Q regulations require that an operator decommission and 
remove pipelines, wells, platforms and other facilities when they are 
no longer useful for operations. (See 30 CFR 250.1703.) The operator 
must conduct these decommissioning activities in a manner that is 
``safe, does not unreasonably interfere with other uses of the OCS, and 
does not cause undue or serious harm or damage to the human, marine or 
coastal environment.'' (Id. Sec.  250.1703(g).) Among other things, the 
decommissioning regulations require the removal of all ``facilities.'' 
(See, e.g., id. Sec. Sec.  250.1703(c), 250.1725.) Section 250.1700(c) 
defines ``facility'' to include pipeline risers and any other

[[Page 67344]]

equipment (e.g., umbilicals) that constitute an obstruction.
    The Subpart Q decommissioning regulations also require lessees, 
owners of operating rights, and holders of rights-of-way to clear from 
the seafloor all ``obstructions'' created by a lease or pipeline right-
of-way operations. (See id. Sec.  250.1703(e).) \1\ Section 250.1700(b) 
defines ``obstructions'' as including ``structures, equipment or 
objects'' (e.g., umbilicals, pipelines, and pipeline valves and risers) 
that, ``if left in place, would hinder other users of the OCS.'' Other 
uses of the OCS may include, but are not limited to, future oil and gas 
operations, U.S. military activities, renewable energy activities, 
transportation and communication projects, commercial and recreational 
fishing, and possibly other recreational uses.
---------------------------------------------------------------------------

    \1\ The clearance of obstructions must be verified by means 
specified in the regulations or approved by BSEE and the verified 
clearance must then be certified in writing to BSEE. (See 30 CFR 
250.1740--250.1743)).
---------------------------------------------------------------------------

    Pursuant to Sec.  250.1750, however, a pipeline may be 
decommissioned-in-place (i.e., without removal), provided that the 
Regional Supervisor determines (upon application) that leaving the 
pipeline in place would ``not constitute a hazard (obstruction) to 
navigation and commercial fishing operations, unduly interfere with 
other uses of the OCS, or have adverse environmental effects.'' Section 
250.1751 then specifies the process for applying for BSEE's approval to 
decommission a pipeline in place and the requirements for 
decommissioning in place (DIP). Consistent with this process, Sec.  
250.1751(g) requires the removal of ``pipeline valves and other 
fittings that could unduly interfere with other uses of the OCS.'' 
Thus, Sec.  250.1751(g) permits DIP of pipeline valves and other 
fittings that do not ``unduly interfere'' with other uses of the OCS.
    In addition, BSEE has broad authority under 30 CFR 250.142 to grant 
departures from the operating requirements of its regulations, under 
appropriate circumstances, upon written request to the District Manager 
or the Regional Supervisor. Such departure requests may include 
requests to the Regional Supervisor to decommission-in-place certain 
pipeline-related infrastructure beyond pipeline valves and other 
fittings. Pipeline-related infrastructure includes umbilicals, subsea 
production manifolds, pipeline end terminations (PLETs), pipeline end 
manifolds (PLEMs), subsea umbilical termination assemblies, pumps, and 
electrical or hydraulic flying leads.\2\
---------------------------------------------------------------------------

    \2\ A PLEM is generally used to connect multiple pipelines; 
often serving as a tieback point for jumpers coming from subsea 
wells. Depending upon sediment conditions, some PLEMs are fastened 
to the seabed with piles or secured atop suction pile anchors to 
maintain position. A PLET is usually associated with a single line, 
providing a connection point to a PLEM, another pipeline/jumper, or 
a riser assembly coming up to a platform. Most PLETs are fixed atop 
sleds or other gravity-based foundations.
---------------------------------------------------------------------------

    Deepwater developments, in particular, often involve extensive 
networks of pipeline-related infrastructure including, but not limited 
to, umbilicals, subsea production manifolds, PLETs, and PLEMs. Of the 
approximately 80 deepwater developments in the Gulf of Mexico, some are 
at--or are nearing--the end of their service lives. BSEE has received 
an increasing number of applications to allow DIP of certain pipeline-
related infrastructure in such deepwater operations. Currently, BSEE's 
Gulf of Mexico Region has at least 10 such requests now pending, some 
of which include more than one piece of pipeline-related 
infrastructure. In general, such requests assert that, although 
technically feasible, removal is either unnecessary or less safe than 
DIP, on the grounds that leaving the pipeline-related infrastructure in 
place would not pose safety or environmental hazards or obstruct the 
OCS by hindering other uses.
    Although BSEE does not anticipate any changes to its longstanding 
policies for the approval of requests to decommission pipelines (i.e., 
the line pipe) in place pursuant to Sec.  250.1751, BSEE is considering 
whether--and under what circumstances--DIP of pipeline valves and 
fittings and other pipeline-related infrastructure in deepwater could 
be considered appropriate. In particular, to determine whether it is 
appropriate for pipeline valves and fittings to be decommissioned-in-
place in accordance with Sec.  250.1751(g), BSEE must assess whether 
the valves and fittings would unduly interfere with other uses of the 
OCS. Similarly, to determine whether it is appropriate to grant 
departure requests to allow DIP of other pipeline-related 
infrastructure in deepwater pursuant to Sec.  250.142, BSEE must assess 
whether the pipeline-related infrastructure would constitute a hazard 
(obstruction) or otherwise unduly interfere with other uses of the OCS, 
or would have adverse safety or environmental consequences if left in 
place.
    BSEE is also identifying technical considerations that may be 
relevant to BSEE's determinations as to whether it would be appropriate 
to approve requests to allow DIP of pipeline valves and fittings 
(pursuant to Sec.  250.1751(g)) and other pipeline-related 
infrastructure (pursuant to Sec.  250.142) in deepwater. For instance, 
BSEE has determined that water depth is an important technical factor 
in making such determinations; i.e., the greater the water depth, the 
less chance that DIP of pipeline valves and fittings or other pipeline-
related infrastructure would cause obstructions or interfere with 
present or future uses of the OCS. Accordingly, BSEE is considering 
whether to apply a tiered approach to consideration of requests to 
approve DIP in deepwater based on water depth (e.g., in depths from 600 
feet/182 meters) to 2625 feet/800 meters) and in depths greater than 
2625 feet), with justifications for approvals being potentially less 
stringent in the greatest depths (i.e., where obstructions to 
navigation or commercial fishing or other activities are significantly 
less likely to occur than at shallower depths).\3\
---------------------------------------------------------------------------

    \3\ BSEE does not contemplate approving applications under Sec.  
250.1751(g) for DIP of pipeline valves and fittings, or approving 
departures under Sec.  250.142 for DIP of pipeline-related 
infrastructure, except in deepwater. BSEE believes that 600 feet/182 
meters is an appropriate starting point for consideration of 
requests to allow DIP of pipeline-related infrastructure because 600 
feet is below the depths at which trawling equipment for commercial 
fishing can typically reach. BSEE also believes that 2625 feet/800 
meters) is an appropriate depth at which to consider potentially 
less stringent requirements for deepwater DIP because that is the 
depth specified in Sec.  250.1716 at which BSEE may waive the 
requirement for removal of wellheads. By contrast, given the 
potential for obstructions or other interference with uses of the 
OCS in depths of less than 600 feet, BSEE continues to expect that 
all pipeline-related infrastructure in such shallower water will be 
removed, and that obstructions will be cleared, as presumptively 
required by the Subpart Q regulations.
---------------------------------------------------------------------------

    However, many variables and site-specific factors--in addition to 
water depth--can affect whether DIP is appropriate in a given case. For 
example, the size and location of pipeline-related infrastructure may 
also be important technical considerations. Some pipeline-related 
infrastructure is extremely large (e.g., subsea manifolds may occupy up 
to about 72,000 cubic feet and reach heights of up to 35 feet), 
potentially increasing the possibility of obstacles or other 
interference with use of the OCS. In some cases, especially for very 
large projects, it is possible that certain pipeline-related 
infrastructure may abut or cross multiple lease sections. Leaving such 
equipment in place, even in deepwater, potentially could create 
obstacles or otherwise interfere with use of the OCS (e.g., by 
inhibiting bidding on these tracts at

[[Page 67345]]

future lease sales or discouraging exploration, development, or 
production under other leases or by interfering with potential future 
renewable energy activities).
    Thus, the issues related to DIP of pipeline valves and fittings and 
other pipeline-related infrastructure in deepwater are potentially 
complex, especially in light of the size and scope of some projects. 
Accordingly, BSEE invites the public to submit relevant information and 
comments on such issues in order to help BSEE establish a consistent 
and reasonable approach to consideration of requests to allow DIP of 
pipeline valves and fittings and other pipeline-related infrastructure 
in deepwater.

II. Request for Information

    BSEE would appreciate your views, and any relevant technical 
information you can provide, on whether and under what circumstances it 
would be appropriate for BSEE to approve DIP of pipeline valves and 
fittings (pursuant to Sec.  250.1751(g)) and of other pipeline-related 
infrastructure (pursuant to Sec.  250.142) in deepwater. Among other 
issues, BSEE would appreciate comments and information related to 
whether DIP of pipeline valves and fittings or other pipeline-related 
infrastructure in deepwater: (1) Could increase (or decrease) safety or 
environmental risks as compared to decommissioning by removal; or (2) 
could interfere with navigation, create an obstruction, or otherwise 
unduly interfere with present or future uses of the OCS.
    Please be as specific as possible in expressing your views and in 
the other information you provide. For example, please consider how 
your views or information could vary depending on specific 
circumstances, such as the water depth at which decommissioning takes 
place. Wherever possible, please provide relevant factual support for 
your views.

Scott A. Angelle,
Director, Bureau of Safety and Environmental Enforcement.
[FR Doc. 2018-28304 Filed 12-27-18; 8:45 am]
 BILLING CODE 4310-VH-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>