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[Federal Register: October 8, 2010 (Volume 75, Number 195)]
[Notices]               
[Page 62418-62419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc10-68]                         

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket No. BOEM-2010-0036]

 
Notice of Intent To Conduct a Review of Categorical Exclusions 
for Outer Continental Shelf Decisions

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Notice of Intent to Conduct a Review of BOEMRE Outer 
Continental Shelf (OCS) Categorical Exclusions under the National 
Environmental Policy Act (NEPA).

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SUMMARY: The Department of the Interior (DOI), Bureau of Ocean Energy 
Management, Regulation and Enforcement (BOEMRE) is announcing its 
intent to conduct a broad review of its categorical exclusions (CEs) 
for Outer Continental Shelf (OCS) decisions. This review is being 
conducted in accordance with section 102 of the National Environmental 
Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4332; the Council on 
Environmental Quality (CEQ) Regulations for Implementing the Procedural 
Provisions of NEPA, 40 CFR parts 1500-1508 (Nov. 1978); the CEQ Draft 
Guidance on Establishing and Applying Categorical Exclusions under NEPA 
(February 18, 2010); and consistent with recommendations provided by 
CEQ in their ``Report Regarding the Minerals Management Service's 
National Environmental Policy Act Policies, Practices, and Procedures 
as They Relate to Outer Continental Shelf Oil and Gas Exploration and 
Development'' (August 16, 2010). Furthermore, this notice provides the 
public an opportunity to comment on the issues that should be addressed 
by BOEMRE during the review of its CEs and their application to OCS 
decisionmaking. The BOEMRE will use and coordinate a commenting process 
to ensure public involvement.
    Authority: The National Environmental Policy Act (NEPA) of 1969, as 
amended, established a national policy to protect the environment and 
also established the President's Council on Environmental Quality 
(CEQ). CEQ regulations at 40 CFR 1507.3 require Federal agencies to 
adopt procedures to implement NEPA, to consult with CEQ during their 
development, to provide an opportunity for public review, and to revise 
procedures as necessary to ensure full compliance with the purposes and 
provisions of the Act. The CEQ regulations are available at http://ceq.hss.doe.gov/nepa/regs/ceq/toc_ceq.htm.
    The Department of the Interior NEPA procedures were promulgated as 
regulations and published in the Federal Register on October 15, 2008 
(73 FR 61292). They can be found at (http://www.doi.gov/oepc/nepafr/docs/Federal%20Register%20October%2015,%202008%20NEPA.pdf). These 
regulations identify categories of actions taken throughout the 
Department that under normal circumstances do not have, and are not 
expected to have, significant individual or cumulative environmental 
impacts; therefore, the Bureau is not required to prepare an 
environmental assessment or environmental impact statement. These 
regulations also identify the extraordinary circumstances which nullify 
the use of the CE in particular circumstances. The CEQ regulations 
define ``categorical exclusion'' at 40 CFR 1508.4:

    ``Categorical exclusion'' means a category of actions which do 
not individually or cumulatively have a significant effect on the 
human environment and which have been found to have no such effect 
in procedures adopted by a Federal agency in implementation of these 
regulations (Sec.  1507.3) and for which, therefore, neither an 
environmental assessment nor an environmental impact statement is 
required. An agency may decide in its procedures or otherwise, to 
prepare environmental assessments for the reasons stated in Sec. 
1508.9 even though it is not required to do so. Any procedures under 
this section shall provide for extraordinary circumstances in which 
a normally excluded action may have a significant environmental 
effect.

    The Minerals Management Service (MMS, now BOEMRE) identified 
additional categories of actions designated as CEs, which include those 
related specifically to OCS activities. BOEMRE's CEs (Departmental 
Manual at 516 DM 15.4) can be found at http://elips.doi.gov/app_dm/act_getfiles.cfm?relnum=3625 and are listed below:

A. General

    (1) Inventory, data, and information collection, including the 
conduct of environmental monitoring and nondestructive research 
programs.
    (2) Actions for which MMS has concurrence or co-approval with 
another Bureau if the action is a categorical exclusion for that 
Bureau.

B. Internal Program Initiatives

    (1) All resource evaluation activities including surveying, 
mapping, and geophysical surveying which do not use solid or liquid 
explosives.

[[Page 62419]]

    (2) Collection of geologic data and samples including geologic, 
paleontologic, mineralogic, geochemical, and geophysical investigations 
which does not involve drilling beyond 50 feet of consolidated rock or 
beyond 300 feet of unconsolidated rock, including contracts therefor.
    (3) Acquisition of existing geological or geophysical data from 
otherwise private exploration ventures.
    (4) Well logging, digital modeling. inventory of existing wells, 
and installation of recording devices in wells.
    (5) Establishment and installation of any research/monitoring 
devices.
    (6) Test or exploration drilling and downhole testing included in a 
project previously subject to the NEPA process.
    (7) Insignificant revisions to the approved 5-year leasing program.
    (8) Prelease planning steps such as the Call for Information and 
Area Identification.

C. Permit and Regulatory Functions

    (1) Issuance and modification of regulations, Orders, Standards, 
Notices to Lessees and Operators. Guidelines and field rules for which 
the impacts are limited to administrative, economic, or technological 
effects and the environmental impacts are minimal.
    (2) Approval of production measurement methods, facilities, and 
procedures.
    (3) Approval of off-lease storage in existing facilities.
    (4) Approval of unitization agreements, pooling, or communitization 
agreements.
    (5) Approval of commingling of production.
    (6) Approval of suspensions of operations and suspensions of 
production.
    (7) Approval of lease consolidation applications, lease assignments 
or transfers, operating rights, operating agreements, lease extensions, 
lease relinquishments, and bond terminations.
    (8) Administration decisions and actions and record keeping such 
as:
    (a) Approval of applications for pricing determinations under the 
Natural Gas Policy Act.
    (b) Approval of underground gas storage agreements from a presently 
or formerly productive reservoir.
    (c) Issuance of paying well determinations and participating area 
approvals.
    (d) Issuance of drainage determinations.
    (9) Approval of offshore geological and geophysical mineral 
exploration activities, except when the proposed activity includes the 
drilling of deep stratigraphic test holes or uses solid or liquid 
explosives.
    (10) Approval of an offshore lease or unit exploration. 
development/production plan or a Development Operation Coordination 
Document in the central or western Gulf of Mexico (30 CFR 250.2) except 
those proposing facilities: (1) In areas of high seismic risk or 
seismicity, relatively untested deep water, or remote areas, or (2) 
within the boundary of a proposed or established marine sanctuary, and/
or within or near the boundary of a proposed or established wildlife 
refuge or areas of high biological sensitivity; or (3) in areas of 
hazardous natural bottom conditions; or (4) utilizing new or unusual 
technology.
    (11) Approval of minor revisions of or minor variances from 
activities described in an approved offshore exploration or 
development/production plan, including pipeline applications.
    (12) Approval of an Application for Permit to Drill (APD) an 
offshore oil and gas exploration or development well, when said well 
and appropriate mitigation measures are described in an approved 
exploration plan, development plan, production plan, or Development 
Operations Coordination Document.
    (13) Preliminary activities conducted on a lease prior to approval 
of an exploration or development/production plan or a Development 
Operations Coordination Plan. These are activities such as geological, 
geophysical, and other surveys necessary to develop a comprehensive 
exploration plan, development/production plan, or Development 
Operations Coordination Plan.
    (14) Approval of Sundry Notices and Reports on Wells.
    (15) Rights-of-ways, easements, temporary use permits, and any 
revisions thereto that do not result in a new pipeline corridor to 
shore.

D. Royalty Functions.--Does Not Apply

    Purpose of This Review of OCS Categorical Exclusions: MMS reviewed 
and revised its CEs several times since their development dating back 
to the late 1970s and now BOEMRE is initiating another cycle of review 
as proposed herein. To ensure full compliance with NEPA and the 
regulations implementing NEPA, BOEMRE is announcing its intent to 
conduct a broad review of its CEs for OCS decisions. This notice 
requests the public as well as Federal, State, and local government 
agencies, and other interested parties to comment on the 
appropriateness of and suggest revisions to existing BOEMRE CEs, as 
well as highlight issues that should be addressed by BOEMRE during the 
review of its CEs and their application to OCS decisionmaking. The 
BOEMRE will use and coordinate a commenting process to ensure public 
involvement.

DATES: Submit written comments no later than November 8, 2010.

ADDRESSES: The public as well as Federal, State, and local government 
agencies, and other interested parties are requested to send their 
written comments regarding issues that should be addressed by BOEMRE 
during the review of its CEs and their application to decisionmaking 
for OCS activities in one of the following ways:
    1. In written form enclosed in an envelope labeled ``Comments on 
the Review of Categorical Exclusions for Outer Continental Shelf 
Decisions'' and mailed (or hand carried) to James F. Bennett, Chief, 
Environmental Assessment Branch, Environmental Division (MS 4042), 
Bureau of Ocean Energy, Regulation and Enforcement, Headquarters, 381 
Elden Street, Herndon, Virginia 20170.
    2. Electronically: go to http://www.regulations.gov. In the entry 
titled ``Enter Keyword or ID,'' enter docket ID BOEM-2010-0036 then 
click search. Follow the instructions to submit public comments and 
view supporting and related materials available for this collection.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information submitted, will be made publicly available.

FOR FURTHER INFORMATION CONTACT: For more information on the review of 
BOEMRE CEs for OCS activities, you may contact James F. Bennett, Chief, 
Environmental Assessment Branch, Environmental Division (Mail Stop 
4042), Bureau of Ocean Energy, Regulation and Enforcement, 
Headquarters, 381 Elden Street, Herndon, Virginia 20170. You may also 
contact Mr. Bennett by telephone at (703) 787-1660.

     Dated: September 20, 2010.
Robert P. LaBelle,
Acting Associate Director for Offshore Energy and Minerals Management.
[FR Doc. 2010-25377 Filed 10-7-10; 8:45 am]
BILLING CODE 4310-MR-P
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