41892 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

was extremely complex and that 90 days

was insufficient time to assess the

impact of the proposed rules and

provide meaningful comments. We

agree that more time for an in-depth

analysis of the NPRM would be

beneficial to the FHWA and the FTA in

this rulemaking. For these reasons, the

FHWA and the FTA find good cause to

extend this NPRM comment period

closing date by 30 days.

Authority: 23 U.S.C. 134, 135 and 315; 42

U.S.C. 7410 et seq.; 49 U.S.C. 5303–5309; 49

CFR 1.48 and 1.51.

Issued on: June 30, 2000.

Kenneth R. Wykle,

Federal Highway Administrator.

Nuria I. Fernandez,

Federal Transit Deputy Acting Administrator.

[FR Doc. 00–17158 Filed 7–6–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 Parts 771, 1420, and 1430

Federal Transit Administration

23 CFR Parts 1420 and 1430

49 CFR Parts 622 and 623

[FHWA Docket No. FHWA–99–5989]

FHWA RIN 2125–AE64; FTA RIN 2132–AA43

NEPA and Related Procedures for

Transportation Decisionmaking,

Protection of Public Parks, Wildlife and

Waterfowl Refuges, and Historic Sites

AGENCIES: Federal Highway

Administration (FHWA), Federal

Transit Administration (FTA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); extension of comment period.

SUMMARY: This document extends this

rulemaking’s comment period until

September 23, 2000. This is in response

to numerous letters received by the

FHWA and the FTA from State

Departments of Transportation, transit

operators, and metropolitan planning

organizations requesting an extension of

the comment period from the closing

date. These groups based their requests

on the time required to assess the

impact of these rules on the nation’s

highway and transit systems and

provide meaningful comments.

DATES: Comments to the NPRM should

be received no later than September 23,

2000. Late comments will be considered

to the extent practicable.

ADDRESSES: All signed, written

comments must refer to the docket

number appearing at the top of this

document and must be submitted to the

Docket Clerk, U.S. DOT Dockets, Room

PL–401, 400 Seventh Street, SW.,

Washington, DC 20590–0001. All

comments received will be available for

examination at the above address

between 9 a.m. and 5 p.m., e.t., Monday

through Friday, except Federal holidays.

To receive notification of receipt of

comments you must include a selfaddressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: For

the FHWA: Mr. Fed Skaer, (202) 366–

2058, Office of Planning and

Environment, HEPE, or Mr. L. Harold

Aikens, (202) 366–0791, Office of the

Chief Counsel, HCC–31. For the FTA:

Mr. Joseph Ossi, (202) 366–0096, Office

of Planning, TPL–22, or Mr. Scott Biehl

(202) 366–0952, Office of the Chief

Counsel, TCC–30. Both agencies are

located at 400 Seventh Street, SW.,

Washington, DC 20590. Office hours for

the FHWA are from 7:45 a.m. to 4:15

p.m., e.t., and for the FTA are from 8:30

a.m. to 5 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On May

25, 2000 (65 FR 33960), the FHWA and

the FTA published an NPRM proposing

to update and revise their National

Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321 et seq.)

implementing regulation for projects

funded or approved by the FHWA and

the FTA. The current regulation was

issued in 1987 and experience since that

time, as well as changes in the

legislation, most recently by the

Transportation Equity act for the 21st

Century (TEA–21) (Pub. L. 105–178, 112

Stat. 107), call for an updated approach

to the implementation of NEPA for

FHWA and FTA projects and actions.

Under this proposed rulemaking, the

FHWA/FTA regulation for

implementing NEPA would be revised

to further emphasize using the NEPA

process to facilitate effective and timely

decisionmaking.

The FHWA and FTA have received

requests from the American Association

of State Highway and Transportation

Officials, the American Public

Transportation Association, the

Association of Metropolitan Planning

Organizations, and several State

Departments of Transportation to extend

the comment period. These groups

voiced concerns that the proposed rule

was extremely complex and that 90 days

was insufficient time to assess the

impact of the proposed rules and

provide meaningful comments. We

agree that more time for an in-depth

analysis of the NPRM would be

beneficial to the FHWA and the FTA in

this rulemaking. For these reasons, the

FHWA and the FTA find good cause to

extend this NPRM comment period

closing date by 30 days.

Authority: 23 U.S.C. 134, 135 and 315; 42

U.S.C. 7410 et seq.; 49 U.S.C. 5303–5309; 49

CFR 1.48 and 1.51.

Issued on: June 30, 2000.

Kenneth R. Wykle,

Federal Highway Administrator.

Nuria I. Fernandez,

Federal Transit Deputy Acting Administrator.

[FR Doc. 00–17159 Filed 7–6–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC65

Oil and Gas and Sulphur Operations in

the Outer Continental Shelf—

Decommissioning Activities

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend MMS regulations governing oil

and gas operations in the Outer

Continental Shelf (OCS) to update

decommissioning requirements. The

new layout of the rule follows the

logical sequence of plugging a well,

decommissioning the platform and

pipeline, and clearing the lease site. The

proposed rule also updates

requirements to reflect changes in

technology. We restructured the

requirements to make the regulations

easier to read and understand. The

proposed technical changes will help

ensure that lessees decommission

facilities safely and effectively.

DATES: MMS will consider all comments

received by October 5, 2000. We will

begin reviewing comments at that time

and may not fully consider comments

we receive after October 5, 2000.

ADDRESSES: If you wish to comment,

you may mail or hand-carry comments

(three copies) to the Department of the

Interior; Minerals Management Service;

Mail Stop 4024; 381 Elden Street;

Herndon, Virginia 20170–4817;

Attention: Rules Processing Team (RPT).

The RPT’s e-mail address is:

rules.comments@mms.gov.

Mail or hand-carry comments with

respect to the information collection

burden of the proposed rule to the

Office of Information and Regulatory

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41893

Affairs; Office of Management and

Budget; Attention: Desk Officer for the

Department of the Interior (OMB control

number 1010-New); 725 17th Street,

N.W., Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Sharon Buffington, Engineering and

Research Branch, at (703) 787–1147.

SUPPLEMENTARY INFORMATION: In recent

years, decommissioning practices have

received more attention, which has

resulted in changes in technology and

practices. In 1996, at the request of

MMS, the Marine Board of the National

Research Council (NRC) published a

report titled ‘‘An Assessment of

Techniques for Removing Offshore

Structures.’’ On April 15–17, 1996,

MMS convened an International

Decommissioning Workshop in New

Orleans, Louisiana, to discuss the

recommendations in the NRC report and

current decommissioning industry

practices. The workshop drew over 475

attendees to discuss and make

recommendations on OCS

decommissioning operations. On

August 8, 1996, MMS published a

notice in the Federal Register (61 FR

41422) that requested comments on its

plans to follow up on recommendations

received at the workshop.

We also sponsored several other

public workshops, including one in

Ventura, California, on September 23–

25, 1997. The purpose of the workshops

was to continue the process of

discussing decommissioning activities

and to receive recommendations.

The regulations in this proposed rule

were updated to incorporate the

following into one subpart:

• Comments from decommissioning

workshops;

• Comments from the NRC report;

• Comments from the annual

regulatory reviews;

• Applicable Notices to Lessees

(NTL);

• Lease document requirements

pertaining to removals; and

• The MMS artificial reef policy.

We also support the recommendation

from the NRC to require that lessees

only install platforms that can be

removed. We will be proposing this

requirement in a future update of the

platform installation requirements.

Research efforts are under way to

determine out-of-service pipeline

flushing requirements. We will

incorporate the results of this research

into future updates of pipeline flushing

requirements. We also are working on

research efforts to improve facility

removal technology.

Format of the Proposed Rule

We have written this proposed rule in

a plain-language format with frequently

asked questions and short answers. We

have tried to set out these requirements

in a straightforward and uncomplicated

manner. The plain-language format uses

the terms ‘‘you’’ or ‘‘I,’’ which refers to

the lessee, the owners of operating

rights, and pipeline right-of-way

owners. We encourage your comments

on our use of the plain-language format

in this proposed rule, as well as future

rulemaking. We also encourage your

comments on including all of the

decommissioning requirements from 30

CFR part 250, subparts G, I, and J into

new subpart Q (at the end of the current

30 CFR part 250 regulations). We

received comments at decommissioning

workshops that it was difficult to find

our decommissioning requirements

because they were listed in three

subparts.

New Requirements

Although the focus of this proposed

rule is on the plain-language rewrite,

and the reorganizing of subpart G into

new subpart Q, the rule does propose

some new requirements. The following

paragraphs identify and briefly discuss

these proposed revisions. We welcome

your comments on these proposed

requirements.

Section 250.1700 What Do the Terms

‘‘Decommissioning’’ and ‘‘Obstructions’’

Mean?

Since we are using the new industry

term of ‘‘decommissioning,’’ we have

defined it. Also, we defined

‘‘obstructions’’ so that we would not

need to repeat the list of items that

should be removed unless MMS waives

the removal requirement case-by-case.

Section 250.1704 When Must I Submit

Decommissioning Applications?

We included a new requirement that

in the Pacific OCS Region and Alaska

OCS Region, a lessee must submit an

initial decommissioning application at

least 2 years before production ceases

with the general information listed in

§ 250.1705. We are responding to an

industry trend to plan decommissioning

earlier. We encourage this practice

because industry representatives have

mentioned that it is the key to a ‘‘safe,

conscious, and efficient

decommissioning project.’’ Also, MMS

will need the information so we can be

involved with the review on the ground

floor planning of the world-class

platform removals anticipated to occur

on the OCS. We only anticipate a few

applications a year for these areas.

Section 250.1710 How Must I

Permanently Plug Wells?

We put the requirements in tabular

format and added more plugging

options to update technology.

Section 250.1711 What Are the

Requirements If I Temporarily Plug a

Well That I Plan To Re-enter?

To ensure that temporarily abandoned

wells are protected and to ensure that

those wells do not become an

obstruction, we included a requirement

that subsea domes must be trawled over

after they are installed.

Section 250.1713 When Might MMS

Consider Approving an Alternate

Removal Depth?

We listed the conditions under which

MMS might waive the requirement to

clear a well site to 15 feet below the

mud line because we have received

many questions and comments

concerning this topic at

decommissioning workshops. However,

MMS still conducts a case-by-case

analysis of each request. We also added

the possibility of allowing an alternate

removal depth (above the mud line) for

wells in more than 800 meters of water.

Section 250.1714 What Must I Do To

Clear a Well Site of Obstructions?

We added the guidance listed in the

Gulf of Mexico (GOM) OCS Region NTL

98–26 for site clearance, which was

effective on November 30, 1998, into

this section.

We also removed the site clearance

verification method that uses a diver

search around the wellbore because it

was infrequently used and not as

successful as other methods.

Section 250.718 What Are the

Requirements for Removing Platforms

and Subsea Facilities?

To be consistent with lease

stipulations, we clarified that within 1

year after a lease terminates, a lessee

must remove all platforms and subsea

facilities according to the approved final

decommissioning application. However,

a lessee may receive approval to

maintain the facilities to conduct

operations or a waiver to conserve the

structure as an artificial reef.

We also clarified that a lessee must

remove subsea facilities in addition to

removing the platform, since many

additional facilities are used for field

development.

Section 250.1719 What Information

Must I Include in My Final Platform

Removal Application?

We included the guidance from the

GOM OCS Region NTL 99–G21, dated

41894 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

September 13, 1999, to specify what

information MMS needs in a platform

removal application.

Section 250.1721 When Might MMS

Consider Approving an Alternate

Removal Depth?

We listed the conditions under which

MMS might waive the requirement to

clear a platform site to 15 feet below the

mud line because we have received

questions concerning this topic at

decommissioning workshops. However,

MMS still conducts a case-by-case

analysis of each request.

Section 250.1722 What Is MMS’ Policy

on Converting a Platform or Other

Facility to an Artificial Reef or Other

Use?

Because we have received questions

concerning MMS’ policy on artificial

reefs, and in response to a

recommendation from the NRC, we

propose to codify our policy on

converting a platform to an artificial

reef.

Section 250.1723 When Might MMS

Approve Partial Structural Removals for

Conversion to an Artificial Reef or Other

Use?

We clarified the criteria that MMS

uses to evaluate partial structure

removals because we have received

questions on the subject. We also added

a requirement that the lessee must

provide an unobstructed water column

to respond to recommendations from

the NRC.

Section 250.1726 What Are the

Requirements for Removing a Pipeline?

We clarified the requirements

concerning information to include in

the pipeline decommissioning plan.

Derivation Table

The derivation table below shows

where the proposed requirements

originate from in the current

regulations. The table also provides the

section numbers that were used from

1988 up to mid-1998, when MMS

assigned new section numbers to assist

us in making regulatory updates (see 63

FR 29478, May 29, 1998).

Proposed new section Current section Previous number

250.1700 ................................................................... New definitions ........................................................ New definitions.

250.1701 ................................................................... 250.700(b)(2) ........................................................... 250.110(b)(2).

250.1702 ................................................................... 250.700(b)(1) ........................................................... 250.110(b)(1).

250.1703 ................................................................... 250.700(a); 250.913(a) ............................................ 250.110(a); 250.143(a).

250.1704 ................................................................... 250.701; 250.901(a); 250.1000(b) ........................... 250.111; 250.131(a); 250.150(b).

250.1705 ................................................................... New requirement ..................................................... New requirement.

250.1706 ................................................................... 250.700(a) ............................................................... 250.110(a).

250.1707 ................................................................... 250.700(a) ............................................................... 250.110(a).

250.1708 ................................................................... 250.700(a) ............................................................... 250.110(a).

250.1709 ................................................................... 250.701 .................................................................... 250.111.

250.1710 ................................................................... 250.702 .................................................................... 250.112.

250.1711 ................................................................... 250.703 .................................................................... 250.113.

250.1712 ................................................................... 250.702(i) ................................................................. 250.112(i).

250.1713 ................................................................... 250.702(i) ................................................................. 250.112(i).

250.1714–1717 ......................................................... 250.704; 250.913(c) ................................................ 250.114; 250.143(c).

250.1718 ................................................................... 250.913(a) ............................................................... 250.143(a).

250.1719 ................................................................... 250.913(a) ............................................................... 250.143(a).

250.1720 ................................................................... 250.913(b) ............................................................... 250.143(b).

250.1721 ................................................................... 250.913(b) ............................................................... 250.143(b).

250.1722 ................................................................... New policy statement .............................................. New policy statement.

250.1723 ................................................................... New policy statement .............................................. New policy statement.

250.1724 ................................................................... 250.1006(a)(1) ......................................................... 250.156(a)(1).

250.1725 ................................................................... 250.1006(a)(1); 250.1007(c) .................................... 250.156(a)(1); 250.157(c).

250.1726 ................................................................... 250.1006(a)(2); 250.1007(c) .................................... 250.156(a)(2); 250.157(c).

Procedural Matters

Public Comment Procedure: Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the rulemaking record, which we will

honor to the extent allowable by law.

There may be circumstances in which

we would withhold from the

rulemaking record a respondent’s

identity, as allowable by law. If you

wish us to withhold your name and/or

address, you must state this

prominently at the beginning of your

comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Federalism (Executive Order 13132)

According to 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. The proposed rule

revises existing operation regulations. It

does not prevent any lessee, operator, or

drilling contractor from performing

operations on the OCS, provided they

follow the regulations. This rule updates

decommissioning requirements and will

not impose costs on States or localities.

Regulatory Planning and Review

(Executive Order 12866)

This document is not a significant

rule and is not subject to review by the

OMB under Executive Order 12866.

(1) This rule will not have an effect of

$100 million or more on the economy.

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.

The new or expanded requirements are

written in plain language and designed

to ensure that lessees decommission

facilities to protect the environment and

minimize obstructions to other uses of

the OCS. The economic effects of this

rule will be minimal. Lessees planning

decommissioning activities in the

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41895

Pacific OCS Region and Alaska OCS

Region would be required to plan these

activities at least 2 years before

production ceases and submit an initial

decommissioning application. This will

impact an estimated two lessees a year,

as shown in Table 1. The yearly cost to

submit an initial decommissioning plan

is estimated at $1,000 per plan.

TABLE 1.—NEW REPORTING COST FOR THE INITIAL DECOMMISSIONING PLAN SUBMITTED IN THE PACIFIC AND ALASKA

OCS REGIONS

Yearly cost @

$1,000 per

report

Yearly

lessees

affected

Yearly plans

submitted

Small Businesses ........................................................................................................................ $1,000 1 1

Other Lessees ............................................................................................................................. 1,000 1 1

Totals .................................................................................................................................... 2,000 2 2

Also, lessees who use domes to

protect temporarily abandoned wells

would be required to trawl over those

domes after they install them. We

estimate the cost for trawling would be

$3,000 for each of the 45 existing domes

and $3,000 to trawl each of the 10

additional domes installed each year.

We estimate that 30 lessees will be

required to trawl the 45 existing domes,

and 5 lessees will trawl the additional

10 domes each subsequent year as

shown in Table 2 (located in the

Regulatory Flexibility Act section). The

total costs are shown in Table 3 (located

in the Regulatory Flexibility Act

section).

(2) This rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency. The new or expanded

requirements are minimal and apply

only to the OCS decommissioning

activities.

(3) This rule does not alter the

budgetary effects or entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients. The

new requirements and costs are

minimal, and the main purpose of the

rule is to write it in plain language.

(4) This rule does not raise novel legal

or policy issues. The new requirements

are based on the legal authority of the

OCS Lands Act and other laws.

Clarity of This Regulation

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this

proposed rule easier to understand,

including answers to questions such as

the following:

(1) Are the requirements in the rule

clearly stated?

(2) Does the rule contain technical

language or jargon that interfere with its

clarity?

(3) Does the format of the rule

(grouping and order of sections, use of

headings, paragraphing, etc.) aid or

reduce its clarity?

(4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections?

(5) Is the description of the rule in the

Supplementary Information section of

this preamble helpful in understanding

the rule? What else can we do to make

the rule easier to understand?

Send a copy of any comments that

concern how we could make this rule

easier to understand to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street,

N.W., Washington, D.C. 20240. You may

also e-mail the comments to this

address: Exsec@ios.doi.gov.

Civil Justice Reform (Executive Order

12988)

According to Executive Order 12988,

the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of §§ 3(a) and

3(b)(2) of the Order.

Unfunded Mandate Reform Act

(UMRA) of 1995 (Executive Order

12866)

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. This

rule was mainly updated to include

plain language and to give additional

guidance. It contains very few new

requirements, and it will not have a

significant or unique effect on State,

local, or tribal governments or the

private sector. Therefore, a statement

containing the information required by

the UMRA (2 U.S.C. 1531 et seq.) is not

required.

National Environmental Policy Act

(NEPA) of 1969

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the NEPA is

not required.

Takings Implication Assessment

According to Executive Order 12630,

the proposed rule does not represent a

governmental action capable of

interference with constitutionally

protected property rights. The new

requirements are minor and deal with

minimizing obstructions to other uses of

the OCS. Thus, a Takings Implication

Assessment need not be prepared

according to Executive Order 12630,

Government Action and Interference

with Constitutionally Protected Property

Rights.

Regulatory Flexibility (RF) Act

The Department certifies that this

proposed rule will not have a significant

economic effect on a substantial number

of small entities under the RF Act (5

U.S.C. 601 et seq.). The changes

proposed in 30 CFR 250, subpart Q, will

not have a significant economic effect

on offshore lessees and operators,

including those that are classified as

small businesses. The Small Business

Administration (SBA) defines a small

business as having:

• Annual revenues of $5 million or

less for exploration service and field

service companies.

• Fewer than 500 employees for

drilling companies and for companies

that extract oil, gas, or natural gas

liquids.

Under the Standard Industrial

Classification (SIC), 1381, Drilling Oil

and Gas Wells, MMS estimates that

there is a total of 1,380 firms that drill

oil and gas wells onshore and offshore.

Of these, approximately 130 companies

are offshore lessees/operators, based on

current estimates. According to SBA

estimates, 39 companies qualify as large

firms, leaving 91 companies qualified as

small firms with fewer than 500

employees.

Where there are some additional new

or expanded reporting requirements in

this rule, they do not impose extensive

burdens. The cost to comply with the

new requirements is a one-time cost of

41896 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

approximately $3,000 paid to a trawling

organization to trawl over domes of

temporarily abandoned wells in shallow

water. The OCS has approximately 45 of

these domes. In subsequent years, we

predict that 10 new domes will be

trawled over.

We estimate that 20 of the 30 lessees

that will trawl over the 45 existing

domes are small businesses and 3 out of

the 5 lessees that will trawl over domes

in subsequent years will be small

businesses. The cost to the small

businesses will be $60,000 the first year

and $6,000 each subsequent year, as

shown in Table 2. However, the fishing

industry, another small business, will

benefit by having less loss to their

fishing equipment.

TABLE 2.—NEW REQUIREMENT COST FOR TRAWLING

First Year Subsequent Years

Total cost @

$3000 per

trawl

Lessees

affected Domes trawled

Total cost @

$3000 per

trawl

Lessees

affected Domes trawled

Small Businesses ..................................... $60,000 20 20 $9,000 3 3

Other Lessees .......................................... 75,000 10 25 6,000 2 2

Totals ................................................ 135,000 30 45 15,000 5 5

TABLE 3.—TOTAL COSTS FOR BOTH THE NEW PLAN AND NEW TRAWLING REQUIREMENT

First year Subsequent Years

Total cost Lessees

affected

Domes trawled

+ plans

submitted

Total cost Lessees

affected

Domes trawled

+ plans

submitted

Small Businesses ..................................... $61,000 21 21 $10,000 4 4

Other Lessees .......................................... 76,000 11 26 7,000 3 3

Totals ................................................ 137,000 32 47 17,000 7 7

Also, about 2 lessees per year in the

Pacific OCS Region or Alaska OCS

Region will need to submit an initial

decommissioning plan for a cost of

approximately $1,000 each as shown in

Table 1 in the Regulatory Planning and

Review section.

We estimate that one of these lessees

will be a small business. These plans are

necessary to ensure that early planning

is occurring for these upcoming worldclass decommissioning activities.

Based on these calculations, this rule

has no significant economic impact on

small entities.

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 businesses. If

you wish to comment on the

enforcement actions of MMS, call tollfree (888) 734–3247.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under the

SBREFA (5 U.S.C. 804(2)). This rule:

(a) Does not have an annual effect on

the economy of $100 million or more.

The main purpose of this rule is to

reorganize the requirements and write

them in plain language. The new

requirements are minimal and will only

affect a few lessees.

(b) Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions. The cost to comply

with the new requirements is minor and

will minimize conflicts with other uses

of the OCS.

(c) Does not have a significant adverse

effect on competition, employment,

investment, productivity, innovation, or

ability of U.S.-based enterprises to

compete with foreign-based enterprises.

The regulation contains a few new

requirements that are not burdensome

and ensure that decommissioning

operations in the OCS are conducted

properly.

Paperwork Reduction Act (PRA) of

1995

The proposed rule contains a

collection of information that has been

submitted to OMB for review and

approval under § 3507(d) of the PRA. As

part of our continuing effort to reduce

paperwork and respondent burdens,

MMS invites the public and other

Federal agencies to comment on any

aspect of the reporting and

recordkeeping burden. You may submit

your comments directly to the Office of

Information and Regulatory Affairs,

OMB. Send a copy of your comments to

MMS. Refer to the ‘‘Addresses’’ section

for mailing instructions.

The PRA provides that an agency may

not conduct or sponsor and a person is

not required to respond to a collection

of information unless it displays a

currently valid OMB control number.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 to 60 days after publication

of this document in the Federal

Register. Therefore, a comment to OMB

is best assured of having its full effect

if OMB receives it by August 7, 2000.

This does not affect the deadline for the

public to comment to MMS on the

proposed regulations.

The title of the collection of

information for this proposed rule is

‘‘Proposed Rulemaking—30 CFR 250,

Subpart Q—Decommissioning

Activities’’ (OMB control number 1010-

NEW). Respondents include

approximately 130 Federal OCS oil and

gas or sulphur lessees. The frequency of

response is on occasion or annually,

depending upon the requirement.

Responses to this collection of

information are mandatory. MMS will

protect proprietary information

according to the Freedom of Information

Act and 30 CFR 250.196, ‘‘Data and

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41897

information to be made available to the

public.’’

This rulemaking consolidates

information collection requirements on

decommissioning from our current

regulations in 30 CFR 250, subparts G,

I, and J (approved under OMB control

numbers 1010–0079, 1010–0058, and

1010–0050, respectively). These

approved burdens will be

correspondingly reduced when the new

subpart Q regulations become final.

This rulemaking imposes only one

new information collection burden.

Section 250.1705 requires submission of

an initial decommissioning plan in the

Pacific OCS Region and Alaska OCS

Region, which we estimate will require

20 burden hours per plan.

We estimate the total annual reporting

‘‘hour’’ burden for the proposed rule to

be 3,222 hours, representing an average

burden of 25 hours per respondent.

There are no recordkeeping

requirements. Following is a breakdown

of this burden estimate.

BURDEN BREAKDOWN

Citation 30 CFR 250 subpart

Q Requirement Average number per year Burdenhours

Annual

burden

hours

1703; 1704 ............................ Request approval for decommissioning ............................ Burden included below 0

1705 (New) ........................... Submit initial decommissioning plan in the Pacific OCS

and Alaska OCS Regions.

2 plans ................................. 20 40

1709; 1711(g); 1712; 1713;

1714(b).

Submit form MMS–124 to plug wells; provide subsequent

report; request alternate depth departure; request procedure to protect obstructions above seafloor; or certify

area cleared of obstructions.

Burden included under 1010–0045. 0

1711(e), (d); 1717(b) ............. Identify and report subsea wellheads, casing stubs, or

other obstructions; mark wells protected by a dome;

mark location to be cleared as navigation hazard.

U.S. Coast Guard requirement. 0

1711(f) ................................... Submit annual report on plans for re-entry to complete or

permanently abandon the well..

75 reports ............................ 2 150

1714(a) .................................. Request approval of well site clearance method .............. 125 requests ........................ 4 500

1715; 1716; 1717(a), (g) ....... Verify facility and pipeline sites cleared of obstructions

and submit certification letter.

120 verifications ................... 12 1,440

1718; 1719; 1720; 1721;

1723.

Submit final application to remove platform or other

subsea facility structures (including alternate depth departure) or approval to maintain, to conduct other operations, or to conserve as artificial reef.

120 applications ................... 6 720

1722; 1723 ............................ Artificial reef permitting and re-use plan ............................ U.S. Army Corps of Engineers and

NARP requirements.

0

1724; 1725; 1726 .................. Submit application to decommission pipeline in place or

remove pipeline.

186 applications ................... 2 372

Total Reporting .............. ............................................................................................ 628 responses ..................... ................ 3,222

MMS will summarize written

responses to this notice and address

them in the final rule preamble. All

comments will become a matter of

public record.

1. MMS specifically solicits

comments on the following questions:

(a) Is the proposed collection of

information necessary for MMS to

properly perform its functions, and will

it be useful?

(b) Are the estimates of the burden

hours of the proposed collection

reasonable?

(c) Do you have any suggestions that

would enhance the quality, clarity, or

usefulness of the information to be

collected?

(d) Is there a way to minimize the

information collection burden on those

who are to respond, including the use

of appropriate automated electronic,

mechanical, or other forms of

information technology?

2. In addition, the PRA requires

agencies to estimate the total annual

reporting and recordkeeping ‘‘non-hour

cost’’ burden resulting from the

collection of information. We have not

identified any, and we solicit your

comments on this item. For reporting

and recordkeeping only, your response

should split the cost estimate into two

components: (a) Total capital and startup cost component and (b) annual

operation, maintenance, and purchase

of services component. Your estimates

should consider the costs to generate,

maintain, and disclose or provide the

information. You should describe the

methods you use to estimate major cost

factors, including system and

technology acquisition, expected useful

life of capital equipment, discount

rate(s), and the period over which you

incur costs. Capital and start-up costs

include, among other items, computers

and software you purchase to prepare

for collecting information; monitoring,

sampling, drilling, and testing

equipment; and record storage facilities.

Generally, your estimates should not

include equipment or services

purchased: before October 1, 1995; to

comply with requirements not

associated with the information

collection; for reasons other than to

provide information or keep records for

the Government; or as part of customary

and usual business or private practices.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Natural

gas, Petroleum, Public lands—mineral

resources, Public lands—rights-of-way,

Reporting and recordkeeping

requirements, Sulphur, Surety bonds.

Dated: June 22, 2000.

Sylvia V. Baca,

Assistant Secretary, Land and Minerals

Management.

For the reasons stated in the

preamble, MMS proposes to amend 30

CFR part 250 as follows:

41898 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority citation for part 250

continues to read as follows:

Authority: 43 U.S.C. 1331, et seq.

Subpart G—[Removed and Reserved]

2. Subpart G (§§ 250.700–250.704) is

removed and reserved.

Subpart I—Platforms and Structures

3. Section 250.913 is revised to read

as follows:

§ 250.913 Platform removal and location

clearance.

Refer to § 250.1714 through

§ 250.1723.

Subpart J—Pipelines and Pipeline

Rights-of-Way

4. Section 250.1006 is revised to read

as follows:

§ 250.1006 What are the requirements for

taking a pipeline out of service?

If you take a pipeline out of service,

you must:

(a) Blind flange or isolate the pipeline

with a closed block valve at each end;

(b) Flush and fill with inhibited

seawater any pipelines taken out of

service for more than 1 year; and

(c) Return the pipeline to service

within 5 years or decommission the

pipeline according to § 250.1724

through § 250.1726.

§ 250.1007 [Amended]

5. In § 250.1007 paragraph (c) is

removed.

6. Subpart Q is added to read as

follows:

Subpart Q—Decommissioning Activities

General Requirements

Sec.

250.1700 What do the terms

‘‘decommissioning’’ and ‘‘obstructions’’

mean?

250.1701 Who must meet the obligations in

this subpart?

250.1702 When do I accrue

decommissioning obligations?

250.1703 What are the general requirements

for decommissioning?

250.1704 When must I submit

decommissioning applications?

250.1705 What information must I include

in my initial platform removal

application for the Pacific OCS Region or

Alaska OCS Region?

Well Plugging Requirements

250.1706 Within what timeframe must I

permanently plug all wells on a lease?

250.1707 When may MMS order me to

permanently plug a well?

250.1708 What must I accomplish with well

plugs?

250.1709 What information must I include

to plug wells?

250.1710 How must I permanently plug

wells?

250.1711 What are the requirements if I

temporarily plug a well that I plan to reenter?

250.1712 To what depth below the mud

line must I clear a well site when it will

no longer be used for oil, gas, or sulphur

operations?

250.1713 When might MMS consider

approving an alternate removal depth?

Site Clearance and Platform

Decommissioning

250.1714 3What must I do to clear a well

site of obstructions?

250.1715 What must I do to clear a facility

of obstructions?

250.1716 What must I do to clear a buried

pipeline of obstructions?

250.1717 What must I do to clear a trawling

operation of obstructions?

250.1718 What are the requirements for

removing platforms and subsea facilities?

250.1719 What information must I include

in my final platform removal

application?

250.1720 To what depth below the mud

line must I remove a platform or other

facility?

250.1721 When might MMS consider

approving an alternate removal depth?

250.1722 What is MMS’ policy on

converting a platform or other facility to

an artificial reef or other use?

250.1723 When might MMS approve partial

structural removals for conversion to an

artificial reef or other use?

Pipeline Decommissioning

250.1724 When may I decommission a

pipeline in place?

250.1725 What are the requirements for

decommissioning a pipeline in place?

250.1726 What are the requirements for

removing a pipeline?

Authority: 43 U.S.C. 1331. et seq.

Subpart Q—Decommissioning

Activities

General Requirements

§ 250.1700 What do the terms

‘‘decommissioning’’ and ‘‘obstructions’’

mean?

(a) Decommissioning means:

(1) Ending oil, gas, or sulphur

operations; and

(2) Returning the lease or right-of-way

to a condition that meets the

requirements of regulations of MMS and

other agencies that have jurisdiction

over decommissioning activities.

(b) Obstructions are objects that were

used in oil, gas, or sulphur operations

and that, if left behind or abandoned in

place, would hinder other users of the

OCS. Obstructions include, but are not

limited to, wellheads, casing stubs, mud

line suspensions, subsea trees, jumper

assemblies, umbilicals, manifolds,

termination skids, production and

export risers, platforms, templates,

pilings, pipeline valves, and power

cables (in the Pacific OCS Region).

§ 250.1701 Who must meet the obligations

in this subpart?

The lessee, the owners of operating

rights, and pipeline right-of-way owners

are jointly and severally responsible for

meeting the obligations as they accrue

and until each obligation is met. In this

subpart, the terms ‘‘you’’ and ‘‘I’’ refer

to each lessee, owner of operating rights,

and pipeline right-of-way owner.

§ 250.1702 When do I accrue

decommissioning obligations?

You accrue the decommissioning

obligations when you do any of the

following:

(a) Drill a well;

(b) Install a platform, pipeline, or

other facility;

(c) Create an obstruction to other

users of the ocean;

(d) Become a lessee or the owner of

operating rights of a lease on which

there is a well that has not been plugged

according to this subpart, a platform or

other facility, or an obstruction; or

(e) Re-enter a well that was previously

plugged according to this subpart.

§ 250.1703 What are the general

requirements for decommissioning?

When the facilities are no longer

useful for operations, you must:

(a) Get approval from the District

Supervisor before decommissioning

wells and from the Regional Supervisor

before decommissioning facilities and

pipelines;

(b) Squeeze or isolate all open

perforations, plug all wellbores, sever

all casings, and remove the wellhead;

(c) Remove all platforms and other

facilities (including subsea equipment)

to the depth required by § 250.1720 of

this subpart;

(d) Decommission all pipelines; and

(e) Clear the seafloor of all

obstructions created by lease and/or

right-of-way operations.

§ 250.1704 When must I submit

decommissioning applications?

You must submit decommissioning

applications according to the following

table.

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41899

DECOMMISSIONING APPLICATION SCHEDULE

Decommissioning applications When to submit Instructions

(a) Initial platform removal application [not required in the Gulf of Mexico OCS Region].In the Pacific OCS Region or Alaska OCS

Region, submit the application to the Regional Supervisor at least 2 years before

production ceases.

Include information required under

§ 250.1705.

(b) Final platform removal application ................ Before removing a platform ............................. Include information required under

§ 250.1719.

(c) Pipeline decommissioning application .......... Before you decommission the pipeline ............ Include information required under

§ 250.1725(a) or § 250.1726(a), as applicable.

(d) Form MMS–124, Sundry Notices and Reports on Wells.(1) Before you plug each well; and ................. (i) Include information required under

§ 250.1709(a).

(2) Within 30 days after you plug a well .......... (i) Include information required under

§ 250.1709(b).

§ 250.1705 What information must I

include in my initial platform removal

application for the Pacific OCS Region or

Alaska OCS Region?

You must include the following

information in your initial platform

removal application for the Pacific OCS

Region or Alaska OCS Region:

(a) Platform or other facility removal

procedures, including the types of

vessels and equipment to be used;

(b) Facilities (including pipelines) you

plan to remove or leave in place;

(c) Platform or other facility

transportation and disposal plans;

(d) Plans to protect marine life and

the environment during

decommissioning operations, including

a brief assessment of the environmental

impacts of the operations, and

procedures and mitigation measures

that you will take to minimize the

impacts;

(e) Projected decommissioning

schedule; and

(f) The consistency of the proposed

project with that described in the

Development and Production Plan.

Well Plugging Requirements

§ 250.1706 Within what timeframe must I

permanently plug all wells on a lease?

You must plug all wells within 1 year

after the lease terminates.

§ 250.1707 When may MMS order me to

permanently plug a well?

MMS may order you to permanently

plug a well if that well:

(a) Poses a hazard to safety or the

environment; or

(b) Is not useful for lease operations

and is not capable of profitable oil, gas,

or sulphur production.

§ 250.1708 What must I accomplish with

well plugs?

You must ensure that all well plugs:

(a) Provide downhole isolation of

hydrocarbon and sulphur zones;

(b) Protect freshwater aquifers; and

(c) Prevent migration of formation

fluids within the wellbore or to the

seafloor.

§ 250.1709 What information must I

include to plug wells?

(a) Before you plug a well, you must

submit the following information on

form MMS–124 and receive approval:

(1) The reason you are plugging the

well;

(2) Applicable well logs and test data;

(3) Maximum possible surface

pressure, and how it was determined;

(4) Type and weight of well-control

fluid you will use;

(5) A description of the work; and

(6) A current and proposed well

schematic and description that include:

(i) Well depth;

(ii) All perforated intervals;

(iii) Casing and tubing depths and

details;

(iv) Subsurface equipment;

(v) Estimated tops of cement (and the

basis of the estimate) in each casing

annulus;

(vi) Plug locations;

(vii) Plug types;

(viii) Plug lengths;

(ix) Mud and cement use;

(x) Perforating and casing cutting

plans;

(xi) Plug testing plans;

(xii) Casing removal (including

information on explosives, if used); and

(xiii) Proposed casing removal depth.

(b) Within 30 days after you plug a

well, you must submit form MMS–124

(subsequent report) and include the

following information:

(1) Information included in paragraph

(a) of this section with a final well

schematic;

(2) Description of the plugging work;

(3) Nature and quantities of material

used in the plugs; and

(4) If you cut and pulled any casing

string, you must include the following:

(i) A description of the methods used

(including information on explosives, if

used);

(ii) Size and amount of casing

removed; and

(iii) Casing removal depth.

§ 250.1710 How must I permanently plug

wells?

You must permanently plug wells

according to the table in this section.

The District Supervisor may require

additional well plugs as necessary.

PERMANENT WELL PLUGGING REQUIREMENTS

If you have Then you must use

(a) Zones in open hole ................... Cement plugs from at least 100′ below the bottom to 100′ above the top of oil, gas, and fresh-water zones

to isolate fluids in the strata.

(b) Open hole .................................. (1) Cement plugs, by the displacement method, at least 100′ above and below deepest casing shoe;

41900 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

PERMANENT WELL PLUGGING REQUIREMENTS—Continued

If you have Then you must use

(2) Cement retainers with effective back-pressure control 50′ to 100′ above the casing shoe and a cement

plug to extend at least 100′ below the shoe and at least 50′ above the retainer; or

(3) Bridge plugs 50′ to 100′ above the shoe with 50′ of cement on top of the bridge plug, for expected or

known lost circulation conditions. You must test these plugs by one of the methods shown in paragraphs

(k)(1) and (k)(2) of this section.

(c) Perforated zones that are currently open and not previously

squeezed or isolated.

(1) A squeeze method to cement;

(2) Cement plugs, by the displacement method, at least 100′ above to 100′ below the perforated interval,

or down to a casing plug, whichever is less. If the perforated zones are isolated from the hole below,

you may use any of the plugs specified in paragraphs (c)(3) through (c)(7) of this section instead of

those specified in paragraphs (c)(1) and (c)(2) of this section.

(3) Cement retainers with effective back-pressure control 50′ to 100′ above the top of the perforations and

a cement plug that extends at least 100′ below the bottom of the perforations with 50′ of cement above

the retainer;

(4) Bridge plugs set within 50′ to 100′ of top of the perforations and 50′ of cement on top of the bridge

plug;

(5) Cement plugs at least 200′ in length, set by the displacement method, with the bottom of the plug 100′

above the perforated interval;

(6) Through-tubing basket plugs within 100′ of the perforated interval topped with 50′ of cement; or

(7) Tubing plugs within 100′ of the perforated interval topped with 50′ of cement and a minimum of 300′ of

cement in the tubing and casing immediately above the uppermost packer in the wellbore.

(d) Casing stubs where the stub

ends within casing.

(1) Cement plugs at least 100′ above and below the stub;

(2) Cement retainers or permanent bridge plugs at least 50′ to 100′ above the stub and 100′ below with at

least 50′ cement on top of the retainer; or

(3) Cement plugs at least 200′ long with the bottom of the plug within 100′ above the stub.

(e) Casing stubs where the stub

ends below the casing.

Plugs specified in paragraph (a) or (b) of this section, as applicable.

(f) Annular space that communicates with an open hole and

extends to the mud line.

Cement plugs at least 200′ long in the annular space. For surface wells, pressure test each casing annulus to verify isolation.

(g) Subsea wells with unsealed

annuli.

A cutter to sever the casing and you must set a stub plug.

(h) Cement displacement plugs ...... Tags to verify the position of each plug.

(i) To set a surface plug (all wells

except temporarily plugged wells).

A cement surface plug at least 150′ long in the smallest casing that extends to the mud line with the top of

the plug within the first 150′ below the mud line.

(j) Permafrost areas ........................ (1) A fluid to be left in the hole that has a freezing point below the temperature of the permafrost, and a

treatment to inhibit corrosion; and

(2) Cement plugs set before freezing and have a low heat of hydration.

(k) To test a plug (required for the

first plug below the surface plug

and/or lost circulation area plugs

in open hole).

(1) A test to verify plug integrity with 15,000 pounds of pipe weight on the cement plug, cement retainer, or

bridge plug; or

(2) 1,000 pounds per square inch pump pressure with a result of 10 percent or less pressure drop during

15 minutes. The District Supervisor may require testing other plugs to prevent fluid migration.

(l) Fluid left in the hole .................... Fluid in the intervals between the plugs dense enough to exert a hydrostatic pressure that is greater than

the respective formation pressures.

§ 250.1711 What are the requirements if I

temporarily plug a well that I plan to reenter?

You must do the following:

(a) Set plugs for permanently plugged

wells listed in the table in § 250.1710;

however, you do not need to sever the

casings, remove the wellhead, or clear

the site;

(b) Set a bridge plug or a cement plug

at least 100 feet long at the base of the

deepest casing string unless the casing

string has been cemented and has not

been drilled out. If a cement plug is set,

it is not necessary for the cement plug

to extend below the casing shoe into the

open hole;

(c) Set a retrievable or a permanenttype bridge plug or a cement plug at

least 100 feet long in the casing within

the first 200 feet below the mud line;

(d) Identify and report subsea

wellheads, casing stubs, or other

obstructions that extend above the mud

line according to U.S. Coast Guard

(USCG) requirements;

(e) Mark wells protected by a dome in

less than 100 feet of water with a buoy

installed according to USCG

requirements;

(f) Provide annual reports to the

Regional Supervisor describing your

plans for well re-entry to complete or to

permanently plug; and

(g) Except in deep water areas or other

locations where there are no commercial

fishing activities, protect subsea

wellheads, casing stubs, mud line

suspensions, or other obstructions

remaining above the seafloor to allow

fishing gear to pass over the structure

without damage to the structure or

fishing gear by using one of the

following or other procedure, as

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41901

approved by the Regional or District

Supervisor:

(1) A caisson designed according to

§ 250.906 and equipped with aids to

navigation;

(2) A jacket designed according to

§ 250.906 and equipped with aids to

navigation; or

(3) A subsea dome that does not

extend more than 10 feet above the

seafloor and over which you trawl when

you install it and inspect annually.

§ 250.1712 To what depth below the mud

line must I clear a well site when it will no

longer be used for oil, gas, or sulphur

operations?

Unless the District Supervisor

approves an alternate depth, you must

clear all wellheads and casings to at

least 15 feet below the mud line.

§ 250.1713 When might MMS consider

approving an alternate removal depth?

MMS may allow you to depart from

the requirement for removing subsea

wellheads and casings to 15 feet below

the mud line when:

(a) The wellheads and casings would

not become hazards to other users of the

seafloor or area and geotechnical and

other information you provide

demonstrates that erosional processes

capable of exposing the obstructions are

not expected; or (b) The water depth is

greater than 800 meters.

Site Clearance and Platform

Decommissioning

§ 250.1714 What must I do to clear a well

site of obstructions?

For each well site you must verify

clearance and certify your verification.

(a) For wells, you must verify site

clearance by one or more of the

following methods as approved by the

District Supervisor:

(1) Drag a trawl in a grid-like pattern

across a 300-foot-radius circle centered

on an exploration or delineation well

drilled with a Mobile Offshore Drilling

Unit;

(2) Scan across the location with a

sonar search of at least 500 kHz

frequency; or (3) Use other radii or

methods based on particular site

conditions.

(b) You must certify that the area was

cleared of all obstructions and submit

the following information on form

MMS–124 within 30 days after you

complete the verification activities:

(1) The date the work was performed;

(2) The extent of the area surveyed

around the location; and (3) The survey

method.

§ 250.1715 What must I do to clear a

facility of obstructions?

To clear a facility of obstructions, you

must comply with the Regional

Supervisor’s clearance requirements

and, at minimum:

(a) Clear obstructions from:

(1) A 1,320-foot-radius circle centered

on the geometric center of the facility;

or (2) A 600-foot-radius circle centered

on a single well caisson and well

protectors.

(b) In less than a 300-foot water depth,

trawl 100 percent of the limits described

in paragraph (a) of this section in two

directions, and in greater than a 300-foot

water depth, scan across the location

with a sonar of at least 500 kHz

frequency;

§ 250.1716 What must I do to clear a

buried pipeline of obstructions?

For buried active pipelines, you must

trawl without any restrictions; however,

you must contact the pipeline owner or

operator to determine the condition of

the pipelines to be trawled.

§ 250.1717 What must I do to clear a

trawling operation of obstructions?

For trawling operations for both

facilities and pipelines, you must do all

of the following to clear obstructions:

(a) Complete site clearance

verification to the specifications of the

Regional Supervisor within 60 days

after you complete the structure

removal;

(b) Mark the location to be cleared as

a hazard to navigation according to

USCG requirements until you complete

the site clearance procedures;

(c) Use a vessel to verify site clearance

that is equipped with a navigational

positioning system capable of providing

position accuracy of ( ±30 feet and a

calibrated navigation system;

(d) Use a trawling contractor with a

valid commercial trawling license and

no corporate or other financial ties to

the company that performed the salvage

work;

(e) Use a trawling net that is

representative of those used in the

commercial fishing industry and having

a net strength equal to that provided by

No. 18 twine;

(f) Not trawl closer than 300 feet to a

shipwreck; and (g) Ensure that the

company performing the location

clearance sends a letter to the Regional

Supervisor certifying it cleared the

location of all obstructions. The

company must send the letter within 30

days after site clearance is verified and

must include the following information:

(1) The date the work was performed

and the vessel involved;

(2) The extent of the area surveyed;

(3) The survey method used;

(4) The results of the survey,

including a list of any debris removed

or statement from the trawling

contractor that no objects were

recovered;

(5) A post-trawling job plot or map

showing trawled area; and (6) An

additional letter signed by an authorized

lessee/operator company representative

stating that they witnessed the trawling

survey.

§ 250.1718 What are the requirements for

removing platforms and subsea facilities?

(a) You must submit a final platform

removal application to the Regional

Supervisor with the information listed

in § 250.1719 before removing a

platform;

(b) You must remove all platforms

and subsea facilities in a manner

approved by the Regional Supervisor to

ensure that the location has been

cleared of all obstructions to other

activities in the area;

(c) You must retrieve all mooring

lines, anchors, and all related

equipment that constitute an

obstruction;

(d) You must remove subsea trees,

jumper assemblies, umbilicals,

manifolds, and termination skids in

conjunction with well plugging

activities;

(e) You must flush and remove all

production and export risers with

seawater from the seabed; and

(f) Within 1 year after lease

termination or right-of-way

relinquishment, you must remove all

platforms and subsea facilities,

including those listed in paragraphs (c)

and (d) of this section, according to the

approved final platform removal

application. This paragraph does not

apply if you receive either:

(1) Approval to maintain the platform

and subsea facilities to conduct other

operations; or

(2) A waiver to conserve the structure

as an artificial reef.

§ 250.1719 What information must I

include in my final platform removal

application?

You must submit three copies of the

final platform removal application if

you are proposing to use explosives or

two copies if you are not using

explosives to the Regional Supervisor.

Include all of the following information:

(a) Identification of the responsible

party including:

(1) Lease operator/right-of-way

holder;

(2) Address;

(3) Contact person and telephone

number; and

41902 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

(4) Shore base.

(b) Identification of the structure you

are removing including:

(1) Platform Name/Complex ID

Number;

(2) Location (lease/right-of-way, area,

block, and block coordinates);

(3) Date installed (year);

(4) Proposed date of removal (Month/

Year); and

(5) Water depth.

(c) Description of the structure you

are removing including:

(1) Configuration (attach a photograph

or a diagram);

(2) Size;

(3) Number of legs/casings/pilings;

(4) Diameter and wall thickness of

legs/casings/pilings;

(5) Piles grouted inside or outside;

(6) Brief description of soil

composition and condition;

(7) The sizes and weights of the

jacket, topsides (by module),

conductors, and pilings;

(8) The maximum removal lift weight

and estimated number of main lifts to

remove the structure; and

(9) A description of the vessel(s) that

you will use to remove the structure.

(d) Identification of the purpose,

including:

(1) Lease expiration/right-of-way

relinquishment date; and

(2) Reason for removing the structure.

(e) A description of the removal

method including:

(1) Brief description of the method to

be used; and

(2) If you are using explosives,

provide the following:

(i) Type of explosives;

(ii) Number and sizes of charges;

(iii) List whether you are using single

shot or multiple shots;

(iv) If multiple shots, list sequence

and timing of detonations;

(v) List whether you are using a bulk

or shaped charge;

(vi) Depth of detonation below mud

line; and

(vii) List whether you are placing the

explosives inside or outside the pilings.

(3) If you will use divers or acoustic

devices to conduct a pre-removal survey

to detect the presence of turtle and

marine mammals, describe the proposed

detection method.

(4) A statement telling whether or not

you will use transducers to measure the

pressure and impulse of the

detonations.

(5) A statement telling whether or not

you will use divers to survey the area

after removal to determine any effects

on marine life.

(f) If available, provide the results of

any recent biological surveys conducted

in the vicinity of the structure and

recent observations of turtles or marine

mammals at the structure site.

§ 250.1720 To what depth below the mud

line must I remove a platform or other

facility?

Unless the Regional Supervisor

approves an alternate removal depth,

you must remove all platforms or other

facilities (including templates, and

pilings) to at least 15 feet below the mud

line.

§ 250.1721 When might MMS consider

approving an alternate removal depth?

The Regional Supervisor may approve

an alternate removal depth if:

(a) The remaining structure or other

facility would not become a hazard to

other users of the seafloor or area and

geotechnical and other information you

provide demonstrates that erosional

processes capable of exposing the

obstructions are not expected; or

(b) The water depth is greater than

800 meters.

§ 250.1722 What is MMS’ policy on

converting a platform or other facility to an

artificial reef or other use?

MMS supports and encourages the reuse of obsolete offshore petroleum

structures as artificial reefs in U.S.

waters.

(a) The structure must not pose an

unreasonable impediment to existing

facilities such as active pipelines or

future mineral development.

(b) The re-use plan must comply with

the artificial reef permitting

requirements of the U.S. Corps of

Engineers (Corps) and the criteria in the

National Artificial Reef Plan (NARP).

(c) The state agency responsible for

managing marine fisheries resources

must accept title and liability for the

structure before MMS will release the

Federal lessee from obligations in the

lease instrument.

(d) As appropriate, MMS may

facilitate cooperation between Federal

lessees, States, and other Federal

agencies concerning the re-use of the

structure. MMS will share information

with others concerning the

environmental, social, and economic

consequence of re-using the structure.

§ 250.1723 When might MMS approve

partial structural removals for conversion to

an artificial reef or other use?

The Regional Supervisor may approve

a partial structural removal if you meet

all of the following conditions:

(a) The remaining structure becomes

part of the NARP and the State agency

responsible for managing marine

fisheries resources acquires a Corps

permit and accepts title and liability for

the structure; and

(b) You provide an unobstructed

water column above the structure

sufficient to ensure safety of navigation.

Pipeline Decommissioning

§ 250.1724 When may I decommission a

pipeline in place?

You may decommission a pipeline in

place when the Regional Supervisor

determines:

(a) The pipeline does not constitute a

hazard to navigation and commercial

fishing operations, unduly interfere

with other uses of the OCS, or have

adverse environmental effects; and

(b) Technical and environmental

information shows that pipelines are not

likely to interfere with other uses of the

OCS.

§ 250.1725 What are the requirements for

decommissioning a pipeline in place?

You must do the following to

decommission a pipeline in place:

(a) Submit a pipeline

decommissioning application in

triplicate to the Regional Supervisor that

includes the following information:

(1) Reason for the operation;

(2) Proposed procedures;

(3) Length (feet) of segment to be

decommissioned; and

(4) Length (feet) of segment

remaining.

(b) Pig the line, unless the Regional

Supervisor determines that pigging is

not practical;

(c) Flush the line;

(d) Fill the line with seawater;

(e) Cut and plug each end;

(f) Bury each end at least 3 feet below

the seafloor or cover with protective

concrete mats, if required by the

Regional Supervisor;

(g) Remove all valves and other

appurtenances that could unduly

interfere with other uses of the OCS;

(h) Within 1 year after lease

termination or right-of-way

relinquishment, decommission the

pipeline(s); and

(i) Remove a previously

decommissioned pipeline if MMS

subsequently determines that a pipeline

is a hazard.

§ 250.1726 What are the requirements for

removing a pipeline?

Before removing a pipeline, you must:

(a) Submit a pipeline removal

application in triplicate to the Regional

Supervisor that includes the following

information:

(1) Proposed removal procedures,

including the types of vessels and

equipment to be used;

(2) Pipeline transportation and

disposal plans;

(3) Plans to protect marine life and the

environment during removal operations,

Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41903

including a brief assessment of the

environmental impacts of the removal

operations and procedures and

mitigation measures that will be taken

to minimize such impacts; and

(4) Projected removal schedule and

duration.

(b) Pig the line, unless the Regional

Supervisor determines that pigging is

not practical; and

(c) Flush the line.

[FR Doc. 00–17032 Filed 7–6–00; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF COMMERCE

United States Patent and Trademark

Office

37 CFR Part 102

RIN: 0651–AB21

Public Information, Freedom of

Information and Privacy

AGENCY: United States Patent and

Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking

SUMMARY: The United States Patent and

Trademark Office proposes to add

regulations implementing the Freedom

of Information Act (FOIA), including the

Electronic Freedom of Information Act

(EFOIA) Amendments of 1996, and the

Privacy Act (PA). These proposed rules

are based on rules recently proposed by

the Department of Commerce.

DATES: Comments must be received on

or before August 7, 2000.

ADDRESSES: Send all comments—

1. Electronically to

‘‘PBORulemaking@uspto.gov’’, Subject:

FOIA/PA Rules;

2. By mail to Director of the United

States Patent and Trademark Office, Box

8, Washington, D.C. 20231, ATTN:

FOIA/PA Rules; or

3. By facsimile to 703–305–9373,

ATTN: FOIA/PA Rules.

FOR FURTHER INFORMATION CONTACT:

Joseph G. Piccolo, 703–305–9035.

SUPPLEMENTARY INFORMATION:

Comment Format

USPTO prefers to receive comments

in electronic form, either via the

Internet or on a 31⁄4 inch diskette.

Comments submitted in electronic form

should be submitted as ASCII text.

Special characters and encryption

should not be used.

Background

The Patent and Trademark Office

Efficiency Act (PTOEA) (Pub. L. 106–

113, 113 Stat. 1501A–572) reestablished

the Patent and Trademark Office as

United States Patent and Trademark

Office (USPTO), a performance-based

organization with responsibility for its

own operations. Consequently, USPTO

has or is gaining many functions

formerly provided by the Department of

Commerce. The rules proposed in this

notice adopt the substance of rules

recently proposed by the Department of

Commerce, 65 FR 34606 (May 31, 2000).

Where appropriate, these proposed rules

have been streamlined and tailored to

reflect the practices of USPTO and its

constituencies. In particular, USPTO

has no national security classification

authority so determinations regarding

classified records will be referred to the

classifying authority. Moreover, the

proposed Commerce rules provide a

great deal of guidance to its component

bureaus. USPTO will not decentralize

its initial action authority to its business

units. These proposed rules will apply

to FOIA and Privacy Act requests filed

after October 1, 2000.

Other Considerations

This rule is not significant under

Executive Order 12866.

This rule does not contain a

‘‘collection of information’’ as defined

by the Paperwork Reduction Act.

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), the

USPTO General Counsel has certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule will not have a significant

economic impact on a substantial

number of small entities. Under FOIA,

agencies may recover only the direct

costs of searching for, reviewing, and

duplicating the records processed for

requesters. Moreover, both FOIA and

these rules set thresholds below which

fees are not charged to reduce the effect

of FOIA fees still further. Further, the

number of ‘‘small entities’’ (within the

meaning of the Regulatory Flexibility

Act) that make FOIA requests is

relatively small compared to the number

of individuals who make such requests.

List of Subjects in 37 CFR Part 102

Administrative practice and

procedure, Freedom of Information,

Privacy, Public information.

For the reasons stated in the

preamble, USPTO proposes to amend 37

CFR Chapter I by adding Part 102 to

read as follows:

PART 102—DISCLOSURE OF

GOVERNMENT INFORMATION

Subpart A—Freedom of Information

Act

Sec.

102.1 General.

102.2 Public reference facilities.

102.3 Records under FOIA.

102.4 Requirements for making requests.

102.5 Responsibility for responding to

requests.

102.6 Time limits and expedited

processing.

102.7 Responses to requests.

102.9 Business Information.

102.10 Appeals from initial determinations

or untimely delays.

102.11 Fees.

Subpart B—Privacy Act

102.21 Purpose and scope.

102.22 Definitions.

102.23 Procedures for making inquiries.

102.24 Procedures for making requests for

records.

102.25 Disclosure of requested records to

individuals.

102.26 Special procedures: Medical

records.

102.27 Procedures for making requests for

correction or amendment.

102.28 Review of requests for correction or

amendment.

102.29 Appeal of initial adverse

determination on correction or

amendment.

102.30 Disclosure of record to person other

than the individual to whom it pertains.

102.31 Fees.

102.32 Penalties.

102.33 General exemptions.

102.34 Specific exemptions.

Appendix to Part 102—Systems of Records

Noticed by Other Federal Agencies and

Applicable to USPTO Records, and

Applicability of this Part Thereto

Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5

U.S.C. 553; 31 U.S.C. 3717; 35 U.S.C. 2(b)(2),

21, 41, 42, 122; 44 U.S.C. 3101.

Subpart A—Freedom of Information

Act

§ 102.1 General.

(a) The information in this part is

furnished for the guidance of the public

and in compliance with the

requirements of the Freedom of

Information Act (FOIA), as amended (5

U.S.C. 552). This part sets forth the

procedures the United States Patent and

Trademark Office (USPTO) follows to

make publicly available the materials

and indices specified in 5 U.S.C.

552(a)(2) and records requested under 5

U.S.C. 552(a)(3). Information routinely

provided to the public as part of a

regular USPTO activity (for example,

press releases issued by the Office of

Public Affairs) may be provided to the

public without following this part.

USPTO’s policy is to make discretionary

disclosures of records or information

exempt from disclosure under FOIA

whenever disclosure would not

foreseeably harm an interest protected

by a FOIA exemption, but this policy