Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56683 

DATES: Submit either electronic or 

written data and information by October 

17, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–1978–N– 

0018 (formerly Docket No. 1978N–0038) 

and/or RIN number 0910–ZA40, by any 

of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Fax: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name, Docket 

No. FDA–1978–N–0018, and RIN 0910– 

ZA40 for this rulemaking. All comments 

received may be posted without change 

to http://www.regulations.gov, including 

any personal information provided if 

not marked as confidential. For 

additional information on submitting 

comments, see the ‘‘Request for 

Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, insert the docket 

number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Reynold Tan, Center for Drug 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave., Bldg. 22, Rm. 5411, 

Silver Spring, MD 20993–0002, 301– 

796–2090. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of June 17, 

2011 (76 FR 35669) (the June 17, 2011, 

ANPRM), FDA published an ANPRM 

that requested data and information on 

OTC sunscreen products marketed 

without approved applications that are 

formulated in certain dosage forms. FDA 

requested these data to help establish 

OTC monograph conditions, including 

dosage form specifications, for OTC 

sunscreen drug products. Among the 

data requested is data necessary to 

resolve specific questions about the 

effectiveness and safety of OTC 

sunscreens in spray dosage forms. 

II. Extension of the Comment Period 

In response to the June 17, 2011, 

ANPRM, three submissions (Refs. 1, 2, 

and 3) requested an extension of the 

comment period, which will end on 

September 15, 2011. Two of the 

submissions requested that FDA extend 

the comment period by 30 days so that 

the comment period totals 4 months 

(Refs. 1 and 2). The other submission 

requested that FDA extend the comment 

period by 90 to 180 days so that the 

comment period totals 6 to 9 months 

(Ref. 3). The submissions cited the need 

for additional time to evaluate their 

available data and to organize and 

submit the data and information that 

best addresses FDA’s request while 

simultaneously implementing the new 

requirements for their sunscreen 

products imposed by the Labeling and 

Effectiveness Testing final rule that 

published in the Federal Register of 

June 17, 2011 (76 FR 35620). 

FDA is extending the comment period 

to end on October 17, 2011. A total 

comment period of 4 months is 

sufficient for the public to submit 

comments to the ANPRM. 

III. Request for Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) either electronic or written 

comments, data, and information by 

October 17, 2011. It is only necessary to 

submit one set of comments, data, and 

information. It is no longer necessary to 

two copies of mailed comments, data, 

and information. Identify submissions 

with the docket number found in 

brackets in the heading of this 

document, and may be accompanied by 

supporting information. Received 

submissions may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

Information submitted after the closing 

date will not be considered except by 

petition under 21 CFR 10.30. 

IV. References 

The following references are on 

display in the Division of Dockets 

Management (see ADDRESSES) under 

Docket No. FDA–1978–N–0018 and may 

be seen by interested persons between 

9 a.m. and 4 p.m., Monday through 

Friday. 

1. Comment No. FDA–1978–N–0018– 

DRAFT–5225. 

2. Comment No. FDA–1978–N–0018– 

DRAFT–5227. 

3. Comment No. FDA–1978–N–0018– 

DRAFT–5228. 

Dated: September 9, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–23479 Filed 9–13–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

30 CFR Part 250 

[Docket ID BOEM–2011–0003] 

RIN 1010–AD73 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf—Revisions 

to Safety and Environmental 

Management Systems 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Proposed rule. 

SUMMARY: This rulemaking proposes to 

amend BOEMRE regulations to require 

operators to develop and implement 

additional provisions in their Safety and 

Environmental Management Systems 

(SEMS) programs for oil, gas, and 

sulphur operations in the Outer 

Continental Shelf (OCS). These 

revisions pertain to developing and 

implementing stop work authority and 

ultimate work authority, requiring 

employee participation in the 

development and implementation of 

SEMS programs, and establishing 

requirements for reporting unsafe 

working conditions. In addition, this 

proposed rule requires independent 

third parties to conduct audits of 

operators’ SEMS programs and 

establishes further requirements relating 

to conducting job safety analysis (JSA) 

for activities identified in an operator’s 

SEMS program. We believe that these 

new requirements will further reduce 

the likelihood of accidents, injuries, and 

spills in connection with OCS activities 

that are regulated under BOEMRE 

jurisdiction, by requiring OCS operators 

to specifically address issues associated 

with human behavior as it applies to 

their SEMS program. 

DATES: Submit comments by November 

14, 2011. BOEMRE may not fully 

consider comments received after this 

date. Submit comments to the Office of 

Management and Budget on the 

information collection burden in this 

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56684 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

proposed rule by October 14, 2011. This 

does not affect the deadline for the 

public to comment to BOEMRE on the 

proposed regulations. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) 

1010–AD73 as an identifier in your 

message. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2011–0003 then click search. Follow the 

instructions to submit public comments 

and view supporting and related 

materials available for this rulemaking. 

BOEMRE will post all comments. 

• Mail or hand-carry comments to the 

Department of the Interior; Bureau of 

Ocean Energy Management, Regulation 

and Enforcement; Attention: Regulations 

and Standards Branch (RSB); 381 Elden 

Street, MS–4024, Herndon, Virginia 

20170–4817. Please reference 

‘‘Revisions to Safety and Environmental 

Management Systems (SEMS), 1010– 

AD73’’ in your comments and include 

your name and return address. 

• Send comments on the information 

collection in this rule to: Interior Desk 

Officer 1010–AD73, Office of 

Management and Budget; 202–395–5806 

(fax); e-mail: oira_docket@omb.eop.gov. 

Please also send a copy to BOEMRE. 

FOR FURTHER INFORMATION CONTACT: 

David Nedorostek, Safety and 

Enforcement Branch, BOEMRE, (703) 

787–1029. 

SUPPLEMENTARY INFORMATION: On 

October 15, 2010, BOEMRE published a 

final rule that established a new subpart 

S in part 250, containing SEMS 

requirements for all OCS operators (75 

FR 63610). This proposed rule would 

add to and amend those requirements. 

This proposed rule would apply to all 

OCS oil and gas and sulphur operations 

and facilities under BOEMRE 

jurisdiction including drilling, 

production, construction, well 

workover, well completion, well 

servicing, and Department of the 

Interior (DOI) pipeline activities. 

Nothing in this proposed rule would 

affect the Coast Guard’s authority with 

respect to safety regulations and 

authorities, and jurisdiction over vessels 

and offshore facilities. Thus, because 

several other agencies have jurisdiction 

over certain aspects of OCS activities 

and some of these agencies require the 

use of safety management systems, the 

requirements related to SEMS programs 

under this subpart do not affect 

operators’ obligations to comply with 

other regulatory requirements outside of 

BOEMRE’s jurisdiction. For example, if 

the operator’s activities fall within the 

regulatory purview of another agency 

(including, e.g., United States Coast 

Guard, Department of Homeland 

Security), the operator is also required 

to follow that agency’s regulations. 

Operations and activities that are 

regulated under BOEMREs jurisdiction 

and that should be identified/discussed 

in an operators SEMS plan cover 

industrial activities. These cover such 

activities as, mineral exploration, 

development, pipeline transportation, 

storage, production, drilling, completion 

and workover. A system/sub-system 

breakdown of what is regulated under 

BOEMREs jurisdiction can be found in 

Annex 1 of MMS/USCG MOA: OCS–01 

and in the MMS/USCG MOA: OCS–04 

(these documents have been placed in 

the public docket). Operators should 

refer to these documents when 

developing, implementing and auditing 

their SEMS plan. 

The importance of this proposed rule 

is highlighted by the Deepwater Horizon 

event on April 20, 2010. The blowout of 

the BP Macondo well, and the resulting 

explosion on the Deepwater Horizon 

drilling rig, resulted in the deaths of 11 

workers, the loss of the Deepwater 

Horizon, and an oil spill of national 

significance. Although the causes of the 

event continue to be under 

investigation, the event further 

illustrates the importance of ensuring 

safe operations on the OCS. BOEMRE 

therefore intends to continue to evaluate 

findings from ongoing investigations 

and reviews into the Deepwater Horizon 

event, as well as other issues related to 

managing human factors to promote 

safety and environmental protection for 

offshore oil, gas, and sulphur 

development. 

This proposed rule will further 

enhancements to operators’ SEMS 

programs. SEMS programs, properly 

implemented by the operator, are 

designed to improve the safety 

performance of offshore operations. 

Because SEMS programs focus on the 

overall safety performance of offshore 

operations activities that are regulated 

under BOEMRE jurisdiction, as opposed 

to compliance with specific prescriptive 

requirements governing those 

operations, the success of a SEMS 

program ultimately depends on how 

effectively the operator engrains the 

principles underlying SEMS into the 

safety culture of their operations. 

BOEMRE remains actively engaged with 

industry regarding the substance and 

implementation of SEMS programs. 

BOEMRE will continue to analyze 

information that becomes available, and 

to implement standards necessary to 

make offshore oil and gas activity safer 

and with appropriate protections for 

workers and the environment. BOEMRE 

may consider further safety and 

environmental protection requirements 

as well as other measures in future 

rulemakings. This may include 

consideration of further interagency 

coordination, further analysis of 

performance-based and prescriptive 

requirements, and maintaining a flexible 

approach to adopting requirements that 

can keep up with evolving technologies 

so as to promote systematic safety and 

other relevant matters. BOEMRE 

anticipates, in the near future, issuing 

an advanced notice of proposed 

rulemaking (ANPRM) that will solicit 

public comment regarding potential 

new safety measures for offshore 

operations. The ANPRM will include 

discussion of a range of new measures 

that are intended to encourage public 

comment on potential new prescriptive 

requirements, as well as performancebased standards, designed to further 

enhance the safety of offshore energy 

operations and promote appropriate 

safety culture in those operations. 

It is the intention of BOEMRE to share 

information with the public on 

aggregated results from SEMS audits. 

BOEMRE will develop metrics that 

demonstrate industry’s degree of 

compliance with this new regulatory 

requirement. 

Summary of the Proposed Rule 

BOEMRE proposes to expand, revise, 

and add several new requirements 

necessary for more thorough SEMS 

programs, and to facilitate BOEMRE 

oversight. BOEMRE believes the 

following requirements are necessary 

provisions to ensure a complete safety 

management program on OCS facilities 

that are regulated under BOEMRE 

jurisdiction. These six additional 

requirements provide several key ways 

for offshore employees to help ensure 

safe operation of activities that are 

regulated under BOEMRE jurisdiction 

on the OCS. The addition of a 

mandatory independent third party 

auditor brings necessary objectivity to 

identifying good practices and any 

deficiencies that may exist in an 

operator’s SEMS program. 

(1) Procedures to authorize any and 

all employees on the facility to 

implement a Stop Work Authority 

(SWA) program when witnessing an 

activity that is regulated under BOEMRE 

jurisdiction that creates a threat of 

danger to an individual, property, and/ 

or the environment; 

(2) Clearly defined requirements 

establishing who has the ultimate 

authority on the facility for operational 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56685 

safety and decision making at any given 

time; 

(3) A plan of action that shows how 

operator employees are involved in the 

implementation of the American 

Petroleum Institute’s Recommended 

Practice for Development of a Safety 

Environmental Management Program for 

Offshore Operations and Facilities (API 

RP 75), as incorporated by reference in 

the subpart S regulatory requirements in 

the October 15, 2010, final rule; 

(4) Guidelines for reporting unsafe 

work conditions related to an operators 

SEMS program, that provide all 

employees the right to report a possible 

safety or environmental violation(s) and 

to request a BOEMRE inspection of the 

facility if they believe there is a serious 

threat of danger or their employer is not 

following BOEMRE regulations; 

(5) Revisions that require operators 

with SEMS programs to engage 

independent third party auditors to 

conduct all audits of operators’ SEMS 

programs and that the independent 

third party auditors must meet the 

criteria listed in Section 250.1926 of this 

proposed rule; 

(6) Additional requirements for 

conducting a JSA. 

Section-by-Section Discussion of the 

Proposed Requirements 

What must I include in my SEMS 

program? (§ 250.1902) 

BOEMRE proposes additional 

requirements to subpart S in this 

rulemaking. The proposed rule would 

revise this section to include references 

to the following proposed new sections 

and requirements: stop work authority 

(§ 250.1930), ultimate work authority 

(§ 250.1931), employee participation 

(§ 250.1932), and guidelines for 

reporting unsafe work conditions 

(§ 250.1933). These new requirements 

would need to be included in the 

operator’s SEMS program. 

Definitions (§ 250.1903) 

BOEMRE proposes to add definitions 

for management and mobile offshore 

drilling unit (MODU) in subpart S. 

Management would mean a team of 

individuals who have the day-to-day 

responsibilities for overseeing 

operations conducted on a facility or 

providing instruction to operational 

personnel, including but not limited to 

employees and contractors working on a 

facility or in the company’s onshore 

offices; Mobile offshore drilling unit or 

MODU would mean a vessel capable of 

engaging in drilling, well workover, well 

completion or well servicing operations 

for exploring or exploiting subsea oil, 

gas or other mineral resources. 

What criteria for hazards analyses must 

my SEMS program meet? (§ 250.1911) 

BOEMRE proposes additional 

requirements for conducting a JSA. The 

proposed requirements would improve 

the effectiveness of the JSA through 

better identification of risks and 

hazards. The operator would be 

required to ensure a JSA is prepared, 

conducted, and approved for OCS 

activities that are regulated under 

BOEMRE jurisdiction and identified or 

discussed in the SEMS program. A JSA 

is a technique used to identify risks to 

personnel associated with the activity 

and the appropriate mitigation to reduce 

these risks. The analysis must include 

all personnel involved with or affected 

by the activity being conducted. The 

JSA must identify, analyze, and record: 

the steps involved in performing a 

specific job; the existing or potential 

safety and health hazards associated 

with each step; and the recommended 

action(s) or procedure(s) that will 

eliminate or reduce these hazards and 

the risk of a workplace injury or illness. 

If a particular activity is conducted on 

a recurring basis, and if the parameters 

of these recurring activities do not 

change, then the person in charge of the 

activity could decide that a JSA for each 

employee engaged in that activity is not 

required. The parameters the person in 

charge would be required to consider in 

making this determination include, but 

are not limited to, changes in personnel, 

procedures, equipment, and/or 

environmental conditions associated 

with the activity. 

The immediate supervisor of the 

personnel conducting the work would 

be required to prepare the JSA, sign the 

JSA, and ensure that all personnel 

participating in the job sign the JSA as 

well. The person onsite designated by 

the operator as the person in charge of 

the facility would have to approve and 

sign the JSA and document the results 

of the JSA in writing. 

The operator must conduct training 

for all personnel on how to recognize 

and identify hazards as part of the 

SEMS program. The operator must 

provide the training required under this 

rule to employees within 30 days of 

employment, and not less than once 

every 12 months thereafter. 

What criteria for training must be in my 

SEMS program? (§ 250.1915) 

BOEMRE proposes additional 

requirements for training so that all 

personnel performing activities on the 

OCS that are regulated under BOEMRE 

jurisdiction are trained to work safely 

and are aware of potential 

environmental considerations offshore, 

in accordance with their duties and 

responsibilities. Training would have to 

address the methods of recognizing and 

identifying hazards and how to develop 

and implement JSAs (§ 250.1911), 

operating procedures (§ 250.1913), safe 

work practices (§ 250.1914), emergency 

response and control measures 

(§ 250.1918), stop work authority 

(§ 250.1930), ultimate work authority 

(§ 250.1931), employee participation 

program (§ 250.1932), and the reporting 

of unsafe work conditions (§ 250.1933). 

Proposed § 250.1915 (c) and (d) would 

ensure that changes in standards would 

be communicated to operator personnel 

and that training for contractor 

personnel would be verified. 

What are the auditing requirements for 

my SEMS program? (§ 250.1920) 

BOEMRE proposes to revise this 

section by removing the option for the 

operator to use designated and qualified 

operator personnel to perform an audit 

of the SEMS program. Use of an 

independent third party will provide for 

increased objectivity in regards to 

improving personnel safety and 

achieving environmental protection as 

compared to utilizing a designated and 

qualified person of the operator. 

Therefore, BOEMRE would require that 

audits of operators SEMS programs be 

conducted by independent third parties. 

Independent third parties would be 

required to meet the qualifications 

under § 250.1926. 

How will BOEMRE determine if my 

SEMS program is effective? (§ 250.1924) 

BOEMRE proposes to require the 

operator to conduct audits using only an 

independent third party. The proposed 

rule would revise this section to be 

consistent with that requirement by 

removing the option to allow the 

operator to use designated and qualified 

operator personnel to perform an audit 

of the SEMS program. The audit is the 

initial step to determine if an operator’s 

SEMS program is effective. It will take 

time to ascertain the ultimate 

effectiveness of this regulatory 

requirement. Provisions for submittal of 

accident and incident information in the 

initial SEMS rule published in October 

2010, will provide metrics that will help 

demonstrate the effectiveness of this 

requirement. BOEMRE is also 

researching additional ways to 

determine the effectiveness of an 

operator’s SEMS program on an 

individual company basis. 

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56686 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

What qualifications must an 

independent third party auditor meet? 

(§ 250.1926) 

BOEMRE proposes to revise this 

section by removing the option for the 

operator to use designated and qualified 

operator personnel to perform an audit 

of the SEMS program. This section also 

would include new qualifications that 

the independent third party auditor 

must meet. 

The operator would be required to 

nominate an independent third party to 

audit its SEMS program. The 

independent third party must be 

capable of performing all tasks 

associated with an audit. The operator 

would be required to notify BOEMRE in 

writing of its nomination and to submit 

a request to BOEMRE for approval of the 

proposed third party auditor at least 30 

days prior to the next audit. The request 

must state the name and address of the 

nominated individual or organization. 

The request would have to include the 

following items: Qualifications of the 

nominated individual or organization 

relating to education and previous 

experience with SEMS, or similar 

management related programs; previous 

experience with BOEMRE regulatory 

requirements and procedures; and the 

educational background and previous 

experience that qualifies the proposed 

auditor to understand and evaluate how 

the operator’s offshore activities, raw 

materials, production methods and 

equipment, products, byproducts, and 

business management systems may 

impact health and safety performance in 

the workplace. A request would also 

have to include a signed statement that 

the independent third party is not 

owned or controlled by, or otherwise 

affiliated with, the operator. An operator 

would also need to have procedures to 

avoid conflicts of interest related to the 

development of the operator’s SEMS 

program and the independent third 

party auditor. The proposed rule would 

provide that if a third party auditor was 

involved in developing and/or 

maintaining the SEMS program, then 

that person, organization, and/or its 

subsidiaries could not audit the SEMS 

program. 

Under the proposed rule, after 

evaluating the third party’s 

qualifications, BOEMRE could accept or 

not accept the operator’s independent 

third party nomination. If BOEMRE 

does not accept the nomination of an 

independent third party, then the 

operator must submit a new nomination 

before the audit may go forward. 

The audit report, once completed, 

must be submitted to BOEMRE and the 

operator. BOEMRE will notify the 

operator of whether or not the audit 

report is sufficient and acceptable. 

Under the proposal, the operator would 

be responsible for the costs of the audit. 

What are my recordkeeping and 

documentation requirements? 

(§ 250.1928) 

BOEMRE proposes adding additional 

requirements to subpart S in this 

rulemaking. In the proposed rule, this 

section would be revised to include new 

recordkeeping and documentation 

requirements. For stop work authority, 

training and review records would have 

to be kept at the facility for 30 days, 

retained for two years, and made 

available to BOEMRE upon request. The 

operator would also have to document 

that all personnel participated in the 

development and implementation of the 

SEMS program. Such records would 

have to be retained for two years and 

made available to BOEMRE upon 

request. 

What must be included in my SEMS 

program for ‘‘Stop Work Authority’’ 

(SWA)? (§ 250.1930) 

BOEMRE proposes to add a new 

section requiring operators to create and 

implement an SWA program. This 

program would ensure that all 

employees and personnel, including 

contractors performing activities on the 

OCS that are regulated under BOEMRE 

jurisdiction, are given the responsibility 

and authority to stop work at the facility 

when such employees or personnel 

witness an activity that is regulated 

under BOEMRE jurisdiction that creates 

an imminent risk or danger to the health 

or safety of an individual or of the 

public or to the environment. The SWA 

would include authority to stop the 

specific task(s) or activity that poses an 

imminent risk or danger. Imminent risk 

or danger would mean any condition, 

activity, or practice in the workplace 

that could reasonably be expected to 

cause: (1) Death or serious physical 

harm immediately or before the risk or 

danger can be eliminated through 

enforcement procedures; or (2) 

significant, imminent environmental 

harm to land, air, aquatic, marine or 

subsea environments or resources. The 

rule would provide further that 

individuals who receive notification to 

stop work must comply with the 

direction immediately. In supporting 

the safe execution of work and to 

promote a culture of safety at work, all 

personnel should have the 

responsibility and authority to stop 

work or decline to perform an assigned 

task when an immediate risk or danger 

exists, without fear of reprisal. Persons 

exercising the SWA should have 

discussions with co-workers, 

supervisors, and/or safety 

representatives to attempt to resolve any 

safety issues that may be causing the 

imminent danger or risk. The proposed 

rule would provide that when a stop 

work order under an SWA program use 

is issued, the person in charge of the 

activity that is subject to the order is 

responsible for ensuring the work is 

stopped in an orderly and safe manner. 

The rule would provide further that 

work may be resumed upon a 

determination by the person on the 

facility with ultimate work authority 

that the imminent danger or risk does 

not exist or no longer exists. The 

decision to resume activities would 

have to be documented as soon as 

practicable. 

What must be included in my SEMS 

program for ‘‘Ultimate Work Authority’’ 

(UWA)? (§ 250.1931) 

BOEMRE is also proposing a 

requirement for operators to specify 

who has the Ultimate Work Authority 

(UWA) on fixed or floating facilities 

(i.e., floating production systems; 

floating production, storage and 

offloading facilities; tension-leg 

platforms; and spars) and on MODUs 

performing activities under BOEMRE’s 

jurisdiction. The person with the UWA 

would be the person on the fixed or 

floating facilities or MODU with the 

final responsibility for making 

decisions. Under the proposed rule, the 

operator’s SEMS program must identify 

all persons that could have UWA and 

those persons must be designated as 

such by the operator. Only a single 

person would have UWA at any given 

time, so operators must take into 

consideration all applicable Coast Guard 

regulations that deal with designating a 

‘‘person in charge’’ (in accordance with 

USCG regulations) of a MODU or OCS 

floating facility. 

The SEMS program would have to 

define clearly who is in charge at all 

times, and would ensure that all 

personnel clearly know who is in 

charge, including when that 

responsibility shifts to a different 

person. The person with UWA must be 

known by name and be readily 

identifiable, and accessible by every 

person on the MODU or fixed and 

floating facility. This could be done, for 

instance, by posting a notice including 

contact information in a public and 

easily accessible location. 

Proposed § 250.1931(c) would make it 

clear that the operator has the 

responsibility for ensuring its SEMS 

program is implemented on fixed and 

floating facilities, and on MODUs 

conducting activities under BOEMRE’s 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56687 

jurisdiction. The person with the UWA 

has a key role in assuring that the 

operator’s SEMS program is 

implemented in a manner that addresses 

personnel safety and protection of the 

environment. 

Proposed § 250.1931(d) would require 

the SEMS program to provide that if an 

emergency occurs that creates an 

imminent risk or danger to the health or 

safety of an individual or the public or 

to the environment (as specified in 

proposed § 250.1930(a)), the person 

with the UWA is authorized to pursue 

any action necessary in that person’s 

judgment to mitigate and abate the 

conditions, activities or practices 

causing the emergency. This grant of 

authority is needed to ensure that 

necessary actions will be taken to deal 

with a serious emergency. 

What are my employee participation 

program requirements? (§ 250.1932) 

BOEMRE proposes to add a new 

section to the rule that details operators’ 

requirements relating to an employee 

participation program. Under the 

proposed rule, an operator’s 

management would be required to 

consult with its employees that perform 

activities on the OCS that are regulated 

under BOEMRE jurisdiction on the 

development and implementation of the 

SEMS program. Management would also 

have to develop a written plan of action 

regarding how appropriate employees, 

in both the operator’s offices and 

working on offshore facilities, will 

participate in the SEMS program 

development and implementation. The 

operator would have to provide each 

employee and contractor employee 

access to the SEMS program and to all 

other information required by API RP 

75, as incorporated, and the employee 

participation program. Management 

must provide BOEMRE a copy of the 

employee participation program upon 

request and make it available during an 

audit. 

What criteria must be included for 

reporting unsafe work conditions? 

(§ 250.1933) 

BOEMRE is proposing guidelines for 

the reporting of unsafe work conditions, 

which would permit operator personnel 

and contractors on any facility engaged 

in OCS activities under BOEMRE 

jurisdiction to report to BOEMRE 

violations of any BOEMRE order or 

regulation or any other provision of 

Federal law relating to offshore safety or 

other hazardous or unsafe working 

conditions. These procedures must also 

include the existing Coast Guard unsafe 

working conditions reporting 

requirements found in 33 CFR 142.7 and 

46 CFR 109.419. The proposed rule 

would specify that a report should 

contain sufficient credible information 

to establish a reasonable basis for 

BOEMRE to determine whether a 

violation or other hazardous or unsafe 

working condition exists. Under the 

proposed rule, an employee or 

contractor would not be required to 

know whether a specific BOEMRE order 

or regulation has been violated in order 

to report potentially unsafe conditions. 

The proposal would provide that the 

identity of any person making a report 

under paragraph (c) of this section will 

not be made available by BOEMRE, 

without the permission of the reporting 

person, to anyone other than the 

employees of BOEMRE who have a need 

for the record in the performance of 

their official duties. Under the proposal, 

after reviewing the report and 

conducting any necessary investigation, 

BOEMRE would notify the operator of 

any deficiency or hazard and initiate 

enforcement measures as the 

circumstances warrant. 

The report could either be made in 

writing to the address provided in the 

regulation or verbally by calling the 

BOEMRE hotline (1–877–440–0173). 

As relates to the reporting of unsafe 

work conditions, the operator would be 

responsible for: 

(1) Posting a notice explaining 

personnel rights and remedies in a 

visible location at the place of 

employment where employees frequent; 

(2) Providing training to personnel 

about their rights and responsibilities 

within 30 days of employment, and at 

least once every 12 months thereafter; 

and 

(3) Providing personnel with a card 

containing a toll-free telephone number 

to contact BOEMRE or file a complaint. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This proposed rule is a significant 

rule as determined by the Office of 

Management and Budget (OMB) and is 

subject to review under E.O. 12866. 

(1) This proposed rule would not have 

an annual effect of $100 million or more 

on the economy. It would 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. 

(2) This proposed rule would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. 

(3) This proposed rule would not alter 

the budgetary effects of entitlements, 

grants, user fees, or loan programs or the 

rights or obligations of their recipients. 

(4) This proposed rule might raise 

novel legal or policy issues arising out 

of legal mandates, the President’s 

priorities, or the principles set forth in 

E.O. 12866. 

BOEMRE has prepared a Regulatory 

Impact Analysis (RIA) for this 

rulemaking. The full analysis can be 

found on Federal eRulemaking Portal: 

http://www.regulations.gov. In the entry 

titled ‘‘Enter Keyword or ID,’’ enter 

BOEM–2011–0003 then click search. 

Follow the instructions to view the RIA 

and submit public comments for this 

rulemaking. 

BOEMRE estimates the average 

annual cost of complying with this 

rulemaking is $26.9 million, spread 

across all OCS oil and gas operators 

with active operations. The benefits of 

the proposed SEMS provisions in this 

rulemaking would come from enhanced 

safety for offshore workers and greater 

protection of the marine environment. 

These benefits would be realized 

through additional employee 

participation in safety procedures, 

training programs, notification 

obligations, as well as strengthened 

safety and SEMS auditing procedures. 

We estimated the costs of this 

proposed regulation by totaling the costs 

from both the Paperwork Reduction Act 

(PRA) burden estimates and the 

estimated required training costs added 

through this rulemaking. BOEMRE 

estimates that the compliance costs for 

this regulation are $15.2 million for 

recordkeeping, administration, and 

related costs and $11.7 million for 

training costs. This yields a total 

estimated annual compliance cost for 

this proposed rule of $26.9 million. 

Because OCS operators have until 

November 15, 2011 to implement to all 

thirteen elements of the SEMS program 

per 30 CFR 250.1900(a), the compliance 

cost estimate for this regulation also 

considers burden hours for legacy 

implementation costs covered by the 

PRA. These legacy PRA costs are 

estimated to be $40.0 million. If these 

legacy costs are included the total 

estimated compliance cost for this 

proposed rule is $66.9 million ($15.2 + 

$11.7 + $40.0 = $66.9 million). 

The protection of human life and the 

environment are the top priorities and 

objectives of this rule. While it is 

difficult to quantify the benefits of the 

lives saved and risks avoided due to this 

proposed regulation, implementation of 

a comprehensive SEMS program with 

these newly proposed requirements is 

intended to further the goal of avoiding 

accidents that may result in injuries, 

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56688 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

fatalities, and serious environmental 

damage. 

The compliance cost for managing a 

comprehensive SEMS program is very 

minor compared to the costs associated 

with major accidents. For example, in 

1987, prior to industry’s development of 

a safety management template for 

offshore operations, the Mississippi 

Canyon 311, A (Bourbon), platform in 

the Gulf of Mexico was tilted to one side 

by an extensive underground blowout. 

The cost associated with this incident 

alone was $274,000,000. In 1989, a fire 

associated with a pipeline repair killed 

7 people and destroyed a major 

production facility. The 2010 Macondo 

blowout event killed 11 people, 

destroyed the drilling rig and caused 

billions of dollars in damage. A SEMS 

program is not a guarantee of avoiding 

or preventing all accidents, but 

BOEMRE’s intent in requiring a 

comprehensive SEMS program, which 

includes all 13 elements in API RP75 

and these newly proposed provisions in 

this rulemaking, is to reduce the 

likelihood of these types of accidents 

and incidents and raise the safety 

awareness of all personnel. 

Regulatory Flexibility Act 

An Initial Regulatory Flexibility 

Analysis (IRFA) has been prepared for 

this rulemaking and is available as part 

of the RIA. The IRFA can be found on 

Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2011–0003, then click search. Follow 

the instructions to view the RIA and 

IRFA and submit public comments for 

this rulemaking. 

The changes proposed in the rule 

would affect lessees and operators of 

leases and pipeline right-of-way holders 

in the OCS. This group could include 

about 130 active Federal oil and gas 

lessees. Small lessees that operate under 

this rule 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 65 percent of the affected 

companies are considered small. This 

proposed rule, therefore, would affect a 

substantial number of small entities. 

Small entities are represented in all 

activity levels of OCS operations (high, 

moderate, and low based on the number 

of offshore complexes the entity 

operates). Small companies would bear 

approximately 40 percent of the costs of 

this proposed rulemaking. This is 

approximately $10.7 million of the 

$26.9 million estimated compliance cost 

for this proposed rule. If the legacy PRA 

burden implementation costs are added 

to the new costs in this proposed 

rulemaking, small companies’ burden is 

about $27.5 million of the estimated 

$66.9 million. 

While 40 percent is greater than small 

companies’ share of OCS leases, small 

companies hold 45 percent of leases in 

the shallow water depths where most 

production facilities are located (98 

percent of active platforms are in 

shallow water). 

The operating risk for small 

companies to incur safety or 

environmental accidents is not 

necessarily lower than it is for largersized companies. Offshore operations 

are highly technical and can be 

hazardous. Adverse consequences in the 

event of incidents, are the same 

regardless of the operator’s size. We 

have evaluated a number of alternatives 

to accommodate small entities and 

facilitate compliance with the intent of 

this rulemaking, but were unable to 

identify provisions that would achieve 

the same safety objectives. 

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 

BOEMRE, call 1–888–734–3247. You 

may comment to the Small Business 

Administration without fear of 

retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

Small Business Regulatory Enforcement 

Fairness Act 

The proposed rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.). This proposed rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

b. Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

The requirements would apply to all 

entities operating on the OCS. 

Unfunded Mandates Reform Act of 1995 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. This 

proposed rule would not have a 

significant or unique effect on State, 

local, or tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

proposed rule does not have significant 

takings implications. The proposed rule 

is not a governmental action capable of 

interference with constitutionally 

protected property rights. A Takings 

Implication Assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

proposed rule does not have federalism 

implications. This proposed rule would 

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 proposed rule 

would not affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this proposed rule and 

determined that it has no substantial 

effects on federally recognized Indian 

tribes. 

Paperwork Reduction Act (PRA) of 1995 

This rulemaking proposes to add new 

requirements to current regulations 

under 30 CFR 250, Subpart S, Safety 

and Environmental Management 

Systems for Outer Continental Shelf Oil 

and Gas Operations. Therefore, an 

information collection request is being 

submitted to OMB for review and 

approval under 44 U.S.C. 3501 et seq. 

The information collection for the 

current regulations is approved under 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56689 

OMB Control Number 1010–0186 

(expiration date 10/31/2013, 465,099 

burden hours, $12,933,000 non-hour 

cost burdens). 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, BOEMRE invites the public 

and other Federal agencies to comment 

on any aspect of the reporting and 

recordkeeping burden. If you wish to 

comment on the information collection 

aspects of this proposed rule, please 

send your comments directly to OMB 

and send a copy of your comments to 

the Regulations and Standards Branch 

(see the ADDRESSES section of this 

notice). Please reference; 30 CFR Part 

250, Subpart S, Safety and 

Environmental Management Systems for 

Outer Continental Shelf Oil and Gas 

and Sulphur Operations, 1010–0186 in 

your comments. You may obtain a copy 

of the supporting statement for the new 

collection of information by contacting 

the Bureau’s Information Collection 

Clearance Officer at (703) 787–1025. 

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 October 14, 2011. 

This does not affect the deadline for the 

public to comment to BOEMRE on the 

proposed regulations. 

The title of the collection of 

information for the rule is 30 CFR part 

250, subpart S, Safety and 

Environmental Management Systems for 

Outer Continental Shelf Oil and Gas and 

Sulphur Operations. Respondents are 

Federal OCS lessees, operators, and 

independent third-parties. Responses to 

this collection are mandatory. The 

frequency of response varies, but is 

primarily on occasion. The information 

collection (IC) does not include 

questions of a sensitive nature. 

BOEMRE will protect proprietary 

information according to the Freedom of 

Information Act (5 U.S.C. 522) and its 

implementing regulations (43 CFR part 

2); 30 CFR 250.197, Data and 

information to be made available to the 

public or for limited inspection; and 30 

CFR part 252, OCS Oil and Gas 

Information Program. BOEMRE will use 

the information to evaluate the effect of 

industry’s continued improvement of 

OCS safety and environmental 

management and its compliance with 

the regulations. It should be noted that 

while this rulemaking adds additional 

burden hours to industry, the vast 

majority of these hours stem from 

expanding their current SEMS program, 

along with documenting and 

recordkeeping relative to these 

expanded requirements, to address 

issues raised in testimony, hearings, and 

reports being released about the 

Deepwater Horizon explosion and 

resulting oil spill. 

This proposed rulemaking would add 

177,077 burden hours through 

expansion of some existing 

requirements and through new 

regulatory requirements to the 465,099 

hours already approved for this subpart, 

for a total of 642,176 hour burdens. The 

burden table portrays only the 

Expanded and/or New requirements/ 

burden hours that would be added to 

those already approved by OMB. 

BURDEN TABLE

[Italics show expansion of existing requirements; bold indicates new requirements] 

Citation 30 CFR 250 

subpart S Reporting and recordkeeping requirement Hour burden Average number of annual responses 

Additional annual 

burden hours 

1900–1933 Expanded .. High Activity Operator: * * * As part of your 

SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to 

SWA in all JSA drills; plan of action re employee participation and implementation; 

UWA info/designated person; procedures 

for employees to report unsafe work conditions * * *.

2,848 ........................... 13 operators ............... 37,024. 

1900–1933 Expanded .. Moderate Activity Operator: * * * As part of 

your SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to 

SWA in all JSA drills; plan of action re employee participation and implementation; 

UWA info/designated person; procedures 

for employees to report unsafe work conditions * * *.

2,188 ........................... 41 operators ............... 89,708. 

1900–1933 Expanded .. Low Activity Operator: * * * As part of your 

SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to 

SWA in all JSA drills; plan of action re employee participation and implementation; 

UWA info/designated person; procedures 

for employees to report unsafe work conditions * * *.

100 .............................. 76 operators ............... 7,600. 

1911(b) Expanded ....... Direct supervisor and onsite supervisory approval to conduct a JSA. Employee participation and signing.1 min ........................... 130 operators × 365 

days × 6 = 284,700*.

4,745. 

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56690 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

BURDEN TABLE—Continued 

[Italics show expansion of existing requirements; bold indicates new requirements] 

Citation 30 CFR 250 

subpart S Reporting and recordkeeping requirement Hour burden Average number of annual responses 

Additional annual 

burden hours 

1920(c); 1925(a), (c); 

1926(e).

Submit to BOEMRE after completed audit, report of findings and conclusions, including 

deficiencies and required supporting information/documentation.

Burden already covered under 1010–0186. 

1925(a); 1926(f) ........... Pay for all costs associated with BOEMRE directed audit approximately 20 percent per 

operator per category: 3 required audits for 

high operator ($20,000 per audit × 3 audits 

= $60,000); 8 required audits for moderate 

operator ($12,000 per audit × 8 audits = 

$96,000; and 15 required audits for low operator ($9,000 per audit per 15 audits = 

$135,000) = 26 required audits per year at 

a total yearly combined cost of $291,000.

Burden already covered under 1010–0186. 

1926(a), (d) New .......... Notify BOEMRE in writing of nomination of 

independent third party auditor, submit request 30 days prior to audit re approval 

with relevant information; include signed 

statement re owned/controlled by operator 

and submit new nomination if needed.

3 .................................. 130 operators once 

every 3 years = 43.

129. 

1928Expanded ............. * * * (4) SWA documentation must be kept 

onsite for 30 days; retain records for 2 

years. (5) Document and retain employee 

participation records for 2 years. (6) All documentation included in this requirement 

must be made available to BOEMRE upon 

request.

2 hrs/mo × 12 mos/yr 

= 24 hrs.

30 mins .......................

1,007 manned facilities 

2,447 unmanned facilities.

24,168. 

1,224 (rounded) 

1930(c) New ................ Document decision to resume SWA activities 8 .................................. Once every 2 weeks = 

26.

208. 

1932(d), (e) New .......... Upon request, provide BOEMRE copy of employee participation program; make program available during an audit.1 .................................. 43 audits ..................... 43. 

1933(c) NEW ............... Employee reports unsafe practices and/or 

health violation.

10 mins .......................

30 mins .......................

1 oral ...........................

1 written ......................

1 hour (rounded). 

1933(f) New ................. Post notice where employees can view employees’ rights for reporting unsafe practices.30 mins ....................... 3,454 facilities ............. 1,727. 

1933(h) New ................ Provide to all employees unsafe activities 

card with relevant information.

10 mins ....................... 63,000 full/part time 

employees.

10,500. 

Total Hour Burden to be added to 30 CFR 250, subpart S ......................................................................................................... 177,077 hours. 

* We calculated operators conducting six JSAs a day (3 JSAs for each 12-hour shift). Some contractors may perform none for a particular day, 

whereas others may conduct more than six per day. This estimate is an average. 

BOEMRE specifically solicits 

comments on the following questions: 

(a) Is the proposed collection of 

information necessary for BOEMRE 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? 

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 

additional costs in this proposed 

rulemaking, 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. Generally, your estimates 

should not include equipment or 

services purchased: 

(1) Before October 1, 1995; 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56691 

(2) To comply with requirements not 

associated with the information 

collection; 

(3) For reasons other than to provide 

information or keep records for the 

Government; or 

(4) As part of customary and usual 

business or private practices. 

National Environmental Policy Act of 

1969 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. 

BOEMRE has analyzed this proposed 

rule under the criteria of the National 

Environmental Policy Act and 516 

Departmental Manual 15. This proposed 

rule meets the criteria set forth in 43 

CFR 46.210 for a Departmental 

‘‘Categorical Exclusion’’ in that this rule 

is ‘‘ * * * of an administrative, 

financial, legal, technical, or procedural 

nature. * * *’’ Further, BOEMRE has 

analyzed this rule to determine if it 

meets any of the extraordinary 

circumstances that would require an 

environmental assessment or an 

environmental impact statement as set 

forth in 43 CFR 46.215. 

Each section and subsection has also 

been reviewed to ensure that no 

potentially relevant extraordinary 

circumstances apply to the proposed 

action that would warrant the 

preparation of an environmental 

assessment or environmental impact 

statement. All extraordinary 

circumstances were considered in 

accordance with 43 CFR 46.215, but 

only the following ones are potentially 

applicable: 

a. Have significant and adverse 

impacts on public health or safety. 

b. Establish a precedent for future 

action or represent a decision in 

principle about future actions with 

potentially significant environmental 

effects. 

c. Have a direct relationship to other 

actions with individually insignificant 

but cumulatively significant 

environmental effects. 

The first extraordinary circumstance 

does not apply since rule promulgation 

would not contribute to any significant 

and adverse impacts on public health 

and safety. The SEMS program is likely 

to improve OCS safety, given the 

available incident data trends and 

associated 10 years of analysis. The 

second extraordinary circumstance does 

not apply since the promulgation of the 

rule or the eventual implementation of 

SEMS by operators does not set 

precedent for future actions or decisions 

by BOEMRE. The last extraordinary 

circumstance does not apply since there 

is no direct relationship between this 

rulemaking and other actions that could 

together contribute to cumulatively 

significant effects. 

Most subsections of the rule address 

strictly administrative, technical, and/or 

procedural matters. Specific examples 

include definitions of terminology, 

scope and timing of documentation, 

recordkeeping, and transfer of 

information, and general descriptions of 

what is to be included in written 

procedures. The rule does not create the 

potential for environmental effects as a 

result of new technologies, technology 

configurations, or technological 

procedures as such measures are not 

part of the rule. For aspects of the rule 

dealing with mechanical integrity and 

inspections, the requirements are 

procedural and technical as the rule 

covers the content of the written 

procedures. While the rule identifies the 

requirement, it allows the operator to 

choose the means to achieve compliance 

as long as the means are consistent with 

the SEMS requirements. 

Other subsections require activities in 

addition to administrative tasks, 

advance planning and procedural 

documentation, such as training and 

emergency response drills, and require 

corrective procedural actions that 

address human errors identified in 

investigations. These requirements are 

also considered procedural in nature 

since the subsections describe general 

and ordered steps that operators must 

undertake to have and maintain a 

compliant SEMS program. Subsections 

that require training of personnel on 

conducting drills are procedural in that 

they target the cognitive skills and 

knowledge of personnel (e.g., 

§ 250.1915(b)) and/or clarify the 

purpose and/or scope of training (e.g., 

§ 250.1918(c)). For example, in 

§ 250.1918, BOEMRE requires training 

and drills for personnel to exercise 

elements in the Emergency Action Plan 

that focus on response, control, and 

evacuation procedures and reporting. 

The principal purpose of this is to 

ensure retention of and refine the skills, 

knowledge, and abilities of personnel. 

BOEMRE concluded that this rule does 

not meet any of the criteria for 

extraordinary circumstances as set forth 

in 43 CFR 46.215. 

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 (Pub. L. 106–554, app. 

C § 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

Clarity of This Regulation 

We are required by E.O. 12866, E.O. 

12988, and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 30 CFR Part 250 

Administrative practice and 

procedure, Continental shelf, 

Environmental protection, Public 

lands—mineral resources, Reporting 

and recordkeeping requirements. 

Dated: September 9, 2011. 

Ned Farquhar, 

Deputy Assistant Secretary—Land and 

Minerals Management. 

For the reasons stated in the 

preamble, Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE) proposes to 

amend 30 CFR part 250 as follows: 

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56692 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

1. The authority citation for 30 CFR 

part 250 continues to read as follows: 

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

2. Amend § 250.1902 by adding 

paragraphs (a)(14), (a)(15), (a)(16), and 

(a)(17) to read as follows: 

§ 250.1902 What must I include in my 

SEMS program? 

* * * * * 

(a) * * * 

(14) Stop Work Authority (see 

§ 250.1930). 

(15) Ultimate Work Authority (see 

§ 250.1931). 

(16) Employee Participation (see 

§ 250.1932). 

(17) Reporting Unsafe Work 

Conditions (see § 250.1933). 

* * * * * 

3. Amend § 250.1903 by adding 

definitions of ‘‘Management’’ and 

‘‘Mobile offshore drilling unit or 

MODU’’ in alphabetical order to read as 

follows: 

§ 250.1903 Definitions. 

* * * * * 

Management means a team of 

individuals who have the day-to-day 

responsibilities for overseeing 

operations conducted on a facility or 

providing instruction to operational 

personnel, including but not limited to 

employees and contractors working on a 

facility or in the company’s onshore 

offices. 

Mobile offshore drilling unit or MODU 

means a vessel capable of engaging in 

drilling well workover, well completion 

and well servicing operations for 

exploring or exploiting subsea oil, gas or 

other mineral resources. 

* * * * * 

4. In § 250.1911, revise paragraph (b) 

and add new paragraphs (c) and (d) to 

read as follows: 

§ 250.1911 What criteria for Hazards 

Analyses must my SEMS program meet? 

* * * * * 

(b) Job Safety Analysis (JSA). You 

must ensure a JSA is prepared, 

conducted, and approved for OCS 

activities that are regulated under 

BOEMRE jurisdiction that are identified 

or discussed in your SEMS program. 

The JSA is a technique used to identify 

risks to personnel associated with the 

activity and the appropriate mitigation 

to reduce these risks. The JSA must 

include all personnel involved with or 

affected by the activity being conducted. 

You must ensure that: 

(1) Your JSA identifies, analyzes, and 

records: 

(i) The steps involved in performing 

a specific job; 

(ii) The existing or potential safety 

and health hazards associated with each 

step; and 

(iii) The recommended action(s)/ 

procedure(s) that will eliminate or 

reduce these hazards and the risk of a 

workplace injury or illness. 

(2) The immediate supervisor of the 

crew conducting the work must conduct 

the JSA, sign the JSA, and ensure that 

all personnel participating in the job 

sign as well. 

(3) The person onsite designated by 

the operator as the person in charge of 

the facility must approve and sign the 

JSA. 

(4) A single JSA remains sufficient 

provided that the relevant activity is 

recurring, without major changes to 

personnel, procedures, equipment, 

environmental conditions, or other 

major issues associated with that 

activity. 

(c) As part of your SEMS program, all 

employees and contractors who perform 

activities on the OCS that are regulated 

under BOEMRE jurisdiction must be 

trained on the methods of recognizing 

and identifying hazards, and the 

development and implementation of 

your JSA. You must provide training to 

these personnel within 30 days of 

employment, and not less than once 

every 12 months thereafter. 

(d) You must verify that contractors 

have received training and that 

contractor employees have understood 

the training. 

5. Amend § 250.1915 by revising the 

introductory text and paragraphs (c) and 

(d) to read as follows: 

§ 250.1915 What criteria for training must 

be in my SEMS program? 

Your SEMS program must establish 

and implement a training program so 

that all personnel who perform 

activities on the OCS that are regulated 

under BOEMRE jurisdiction are trained 

to work safely and are aware of potential 

environmental impacts offshore, in 

accordance with their duties and 

responsibilities. Training must address 

the methods of recognizing and 

identifying hazards and how to develop 

and implement JSAs (§ 250.1911), 

operating procedures (§ 250.1913), safe 

work practices (§ 250.1914), emergency 

response and control measures 

(§ 250.1918), stop work authority 

(§ 250.1930), ultimate work authority 

(§ 250.1931), employee participation 

program (§ 250.1932), and the reporting 

of unsafe work conditions (§ 250.1933). 

* * * * * 

(c) Communication requirements to 

ensure that whenever a change is made 

to the methods of recognizing and 

identifying hazards and how to develop 

and implement JSAs (§ 250.1911), 

operating procedures (§ 250.1913), safe 

work practices (§ 250.1914), emergency 

response and control measures 

(§ 250.1918), stop work authority 

(§ 250.1930), ultimate work authority 

(§ 250.1931), employee participation 

program (§ 250.1932), or the reporting of 

unsafe work conditions (§ 250.1933), 

personnel will be trained in or 

otherwise given notice of the change 

before they are expected to operate the 

facility. 

(d) Identify how you will verify that 

the contractors are trained in the work 

practices necessary to perform their jobs 

in a safe and environmentally 

responsible manner, including training 

on the methods of recognizing and 

identifying hazards, and the 

implementation of JSAs (§ 250.1911), 

operating procedures (§ 250.1913), safe 

work practices (§ 250.1914), emergency 

response and control measures 

(§ 250.1918), stop work authority 

(§ 250.1930), ultimate work authority 

(§ 250.1931), employee participation 

program (§ 250.1932), and the reporting 

unsafe of work conditions (§ 250.1933). 

6. Amend § 250.1920 by: 

a. Revising the first sentence of 

paragraph (a), and 

b. Revising paragraphs (b)(6) and (c) 

to read as follows: 

§ 250.1920 What are the auditing 

requirements for my SEMS program? 

(a) You must have your SEMS 

program audited by an independent 

third party according to the 

requirements of this subpart and API RP 

75, Section 12 (incorporated by 

reference as specified in § 250.198) 

within two years of the initial 

implementation of the SEMS program 

and at least once every three years 

thereafter. * * * 

(b) * * * 

(6) Section 12.6 Audit Team. The 

audit that you submit to BOEMRE must 

be conducted by an independent third 

party. The independent third party must 

meet the requirements in § 250.1926. 

(c) You must require the independent 

third party auditor to submit an audit 

report of the findings and conclusions of 

the audit to BOEMRE within 30 days of 

the audit completion date. The report 

must outline the results of the audit, 

including any deficiencies identified 

through the audit. 

* * * * * 

7. Amend § 250.1924 by: 

a. Revising the second sentence of 

paragraph (a), and 

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b. Revising paragraph (b)(2) to read as 

follows: 

§ 250.1924 How will BOEMRE determine if 

my SEMS program is effective? 

(a) * * * BOEMRE or its authorized 

representative may evaluate your SEMS 

program, including documentation of 

contractors, independent third parties, 

and auditors, and audit reports, to 

assess your SEMS program. * * * 

(b) * * * 

(2) The qualifications of the 

independent third party; 

* * * * * 

8. Revise § 250.1926 to read as 

follows: 

§ 250.1926 What qualifications must an 

independent third party auditor meet? 

(a) You must nominate an 

independent third party to audit your 

SEMS program. The independent third 

party auditor must be capable of 

performing all tasks associated with a 

SEMS program audit. You must notify 

BOEMRE in writing of your nomination 

and must submit a request to BOEMRE 

for approval at least 30 days prior to 

your next audit. The request must state 

the name and address of the nominated 

individual or organization and the 

request must include the following 

listed items: 

(1) Qualifications of the individual or 

organization related to: 

(i) Education and previous experience 

with SEMS, or similar management 

related programs; 

(ii) Previous experience with 

BOEMRE regulatory requirements and 

procedures; 

(iii) Educational background and 

previous experience relevant to 

understanding and evaluating how the 

operator’s offshore activities, raw 

materials, production methods and 

equipment, products, byproducts, and 

business management systems may 

impact health and safety performance in 

the workplace; and 

(2) A statement signed by the 

operator’s management that the 

independent third party auditor is not 

owned or controlled by, or otherwise 

affiliated with, the operator’s company: 

(b) You must have procedures to 

avoid conflicts of interest related to the 

development of your SEMS program 

and the independent third party auditor. 

If an independent third party developed 

and/or maintains your SEMS program, 

then that person and/or its subsidiaries 

cannot audit your SEMS program. 

(c) After evaluating the qualifications 

of the nominated independent third 

party auditor, BOEMRE may or may not 

approve your nomination. 

(d) If BOEMRE does not approve your 

nomination of an independent third 

party auditor, then you must submit a 

new nomination. 

(e) The independent third party 

auditor’s audit report must meet the 

criteria in § 250.1920(c) and the 

independent third party auditor must 

submit the audit report to BOEMRE and 

the operator. BOEMRE will notify the 

operator if BOEMRE accepts or rejects 

the audit report. 

(f) You are responsible for all of the 

costs associated with the audit. 

9. Amend § 250.1928 by: 

a. Redesignating paragraph (f) as 

paragraph (h), and 

b. Adding new paragraphs (f) and (g) 

to read as follows: 

§ 250.1928 What are my recordkeeping 

and documentation requirements? 

* * * * * 

(f) For Stop Work Authority (SWA), 

you must document all training and 

reviews and must ensure that these 

records are kept on the facility for 30 

days. You must retain these records for 

two years and make them available to 

BOEMRE upon request. 

(g) For Employee Participation, you 

must document that your employees 

participated in the development and 

implementation of the SEMS program, 

retain these records for two years and 

make them available to BOEMRE upon 

request. 

* * * * * 

10. Add new § 250.1930 to read as 

follows: 

§ 250.1930 What must be included in my 

SEMS program for ‘‘Stop Work Authority’’ 

(SWA)? 

(a) Your SEMS program must include 

SWA procedures that authorize and 

make responsible any and all employees 

and other personnel (including 

contractors) who perform activities on 

the OCS that are regulated under 

BOEMRE jurisdiction and witness an 

activity that creates an imminent risk or 

danger to the health or safety of an 

individual, the public, or to the 

environment to immediately stop the 

work that is creating the risk or danger. 

In this section, imminent risk or danger 

means any conditions activities or 

practices in the workplace that could 

reasonably be expected to cause: 

(1) Death or serious physical harm 

immediately or before the risk or danger 

can be eliminated through enforcement 

procedures; or 

(2) Significant, imminent harm to 

land, air, aquatic, marine or subsea 

environments or resources. 

(b) The person in charge of a specific 

activity is responsible for ensuring the 

work is stopped in an orderly and safe 

manner. Individuals who receive a 

notification to stop work must comply 

with that direction immediately. 

(c) Work may be resumed upon a 

determination by the person on the 

facility with ultimate work authority 

that the imminent risk or danger that led 

to the stoppage does not exist or no 

longer exists. The decision to resume 

activities must be documented in 

writing as soon as practicable. 

(d) You must include SWA authority 

and expectations as a standard line item 

in all JSA drills. 

(e) You must conduct training on your 

SWA Policy and Program as part of all 

new employee and contractor 

orientations that perform activities on 

the OCS that are regulated under 

BOEMRE jurisdiction. Additionally, a 

review of the SWA Policy must be 

completed as part of all safety meetings. 

11. Add new § 250.1931 to read as 

follows: 

§ 250.1931 What must be included in my 

SEMS program for ‘‘Ultimate Work 

Authority’’ (UWA)? 

(a) For fixed and floating facilities 

(e.g., floating production systems; 

floating production, storage and 

offloading facilities; tension-leg 

platforms; and spars) and for MODUs 

performing activities under BOEMRE’s 

jurisdiction, your SEMS program must 

identify the person with the ultimate 

work authority (UWA), i.e. the person 

located on the facility or MODU with 

the final responsibility for making 

decisions relating to activity and 

operations on the facility. This person 

must be designated by the operator 

taking into account all applicable Coast 

Guard regulations that deal with 

designating a ‘‘person in charge’’ (in 

accordance with USCG definition) of a 

MODU or OCS facility found in 33 CFR 

146.5 and 46 CFR 109.109. Your SEMS 

program must clearly define who is in 

charge at all times. 

(b) You must ensure that all personnel 

clearly know who has UWA and who is 

in charge of a specific operation or 

activity that are regulated under 

BOEMRE jurisdiction, including when 

that responsibility shifts to a different 

person. 

(c) The operator must ensure that all 

the provisions of its SEMS program are 

implemented on fixed and floating 

facilities, and on MODUs conducting 

activities under BOEMRE’s jurisdiction. 

(d) The SEMS program must provide 

that if an emergency occurs that creates 

an imminent risk or danger to the health 

or safety of an individual, the public, or 

to the environment (as specified in 

§ 250.1930(a)), the person with the 

UWA is authorized to pursue the most 

effective action necessary in that 

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person’s judgment for mitigating and 

abating the conditions or practices 

causing the emergency. 

12. Add new § 250.1932 to read as 

follows: 

§ 250.1932 What are my employee 

participation program requirements? 

(a) Management must consult with 

their employees on the development 

and implementation of the company’s 

SEMS program. 

(b) Management must develop a 

written plan of action regarding how 

appropriate employees, in both the 

operator’s offices and working on 

offshore facilities, will participate in 

their SEMS program development and 

implementation. 

(c) You must provide each employee 

of the operator and each contractor 

access to your SEMS program. 

(d) Management must provide 

BOEMRE a copy of their employee 

participation program upon request. 

(e) Management must assure that their 

employee participation program is made 

available during an audit. 

13. Add new § 250.1933 to read as 

follows: 

§ 250.1933 What criteria must be included 

for reporting unsafe work conditions? 

(a) Your SEMS program must include 

procedures that address the reporting of 

unsafe work conditions. These 

procedures must include the existing 

Coast Guard unsafe working conditions 

reporting requirements found in 33 CFR 

142.7 and 46 CFR 109.419. 

(b) The unsafe work conditions 

section of your SEMS program must 

ensure all personnel including the 

operator’s employees contractor 

employees, as well as, contractors 

providing domestic services to the 

lessee or other contractors, including 

domestic services include janitorial 

work, food and beverage service, 

laundry service, housekeeping, and 

similar activities, who perform activities 

on the OCS that are under BOEMRE 

jurisdiction are covered by the program. 

An employee or contractor is not 

required to know whether a specific 

BOEMRE order or regulation has been 

violated in order to report unsafe 

conditions. 

(c) Any person may report to 

BOEMRE a possible violation of any 

BOEMRE order, standard, or regulation 

in this subchapter, or other Federal law 

relating to offshore safety, or any other 

hazardous or unsafe working condition 

on any facility engaged in OCS activities 

under BOEMRE jurisdiction. The report 

should contain sufficient credible 

information to establish a reasonable 

basis for BOEMRE to investigate 

whether a violation or other hazardous 

or unsafe working condition exists. 

(1) To report hazardous or unsafe 

working conditions or a violation, you 

can contact BOEMRE by: 

(2) [By Phone]: 1–877–440–0173 or 

202–208–5646 (BOEMRE Safety 

Hotline). 

(3) [Write To]: U.S. Department of the 

Interior, Bureau of Ocean Energy 

Management, Regulation and 

Enforcement, Investigations and Review 

Unit, 1849 C Street, NW., MS–5560, 

Washington, DC 20240, Attention: IRU 

Hotline Operations. You should include 

the following items in your report: 

(i) Your name, address, and telephone 

number (Anonymous reports can be 

processed in regards to unsafe working 

activities. If you would like to make an 

anonymous safety-only report, please 

use the BOEMRE Safety Hotline listed 

above.); 

(ii) The specific order or regulation of 

BOEMRE, or the specific provision of 

Federal law in question (if known); 

(iii) Any other facts, data, and 

applicable information. 

(d) After reviewing the report and 

conducting any necessary investigation, 

BOEMRE will notify the operator of any 

deficiency or hazard and initiate 

enforcement measures as the 

circumstances warrant. 

(e) The identity of any person making 

a report under paragraph (c) of this 

section shall not be made available, 

without the permission of the reporting 

person, to anyone other than the 

employees of BOEMRE who have a need 

for the record in the performance of 

their official duties. 

(f) All operators must post a notice 

explaining personnel rights and 

remedies under this section. The notice 

must be posted at the place of 

employment in a visible location 

frequently visited by personnel. 

(g) Each operator must provide 

training to employees on unsafe work 

conditions policy within 30 days of 

employment, and not less than once 

every 12 months thereafter. 

(h) Each employee must be provided 

a card that contains the BOEMRE 

telephone number (1–877–440–0173) 

which employees can call to get 

information or report unsafe activities 

under this section. 

[FR Doc. 2011–23537 Filed 9–13–11; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0638; FRL–9463–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

California; Determinations of Failure 

To Attain the One-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that three areas in California, 

previously designated nonattainment for 

the one-hour ozone national ambient air 

quality standard (NAAQS), did not 

attain that standard by their applicable 

attainment dates: the Los Angeles-South 

Coast Air Basin Area (‘‘South Coast’’), 

the San Joaquin Valley Area (‘‘San 

Joaquin Valley’’), and the Southeast 

Desert Modified Air Quality 

Maintenance Area (‘‘Southeast Desert’’). 

These proposed determinations are 

based on three years of quality-assured 

and certified ambient air quality 

monitoring data for the period 

preceding the applicable attainment 

deadline. 

DATES: Written comments must be 

received on or before October 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R09– 

OAR–2011–0638, by one of the 

following methods: 

1. Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. E-mail: Doris Lo at 

lo.doris@epa.gov. 

3. Fax: Doris Lo, Air Planning Office 

(AIR–2), at fax number 415–947–3579. 

4. Mail: Doris Lo, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne, San 

Francisco, California 94105. 

5. Hand or Courier Delivery: Doris Lo, 

Air Planning Section (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne, San 

Francisco, California 94105. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–OAR–2011– 

0638. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

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