[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51478-51519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16764]



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Part III





Department of the Interior





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Minerals Management Service



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30 CFR Parts 250 and 282



Oil and Gas and Sulphur Operations in the Outer Continental Shelf--
Plans and Information; Final Rule

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250 and 282

RIN 1010-AC47


Oil and Gas and Sulphur Operations in the Outer Continental 
Shelf--Plans and Information

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final Rule.

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SUMMARY: This rule reorganizes and updates the requirements and 
processes for submitting various plans and information for MMS review 
and approval before a lessee or an operator may explore, develop, or 
produce oil and gas and sulphur in the Outer Continental Shelf (OCS).

EFFECTIVE DATE: This rule becomes effective September 29, 2005.

FOR FURTHER INFORMATION CONTACT: Kumkum Ray, Offshore Regulatory 
Programs, (703) 787-1604.

SUPPLEMENTARY INFORMATION: The current regulations at 30 CFR part 250, 
subpart B, were structured into five broad sections: General 
Requirements, Preliminary Activities, Well Location and Spacing, 
Exploration Plan, and Development and Production Plan. This rule 
reorganizes and clarifies the requirements pertaining to Exploration 
Plans (EP), Development and Production Plans (DPP), and Development 
Operations Coordination Documents (DOCD). It also adds sections to 
describe Deepwater Operations Plans (DWOP) and Conservation Information 
Documents (CID). The rule provides more descriptive headings under 
which a large number of separate sections state the current 
requirements clearly and concisely and in a more logical order to:
    <bullet> Clarify and update the review process;
    <bullet> Provide a concise list of the contents of EP, DPP, and 
DOCD (plan) submissions; and
    <bullet> Detail the accompanying information that lessees and 
operators must submit to support their plans.

Notice to Lessees and Operators (NTL) for the Gulf of Mexico OCS Region 
(GOMR)

    MMS is also issuing a companion NTL for the GOMR. This NTL further 
interprets the requirements in the rule regarding the information a 
lessee or operator must submit for MMS determinations, analyses, and 
approvals of EPs and DOCDs as they would apply specifically to leases 
and units in the GOMR. It also explains how the GOMR is invoking 30 CFR 
250.201(c) with respect to limiting submission of information that is 
not needed in particular cases.

Background

    The Outer Continental Shelf Lands Act (OCSLA) requires that before 
conducting activities on a lease that has been awarded, lessees must 
file and MMS must approve EPs or DPPs describing their proposed 
activities. The OCSLA, at 43 U.S.C. 1351(a)(1), provides that DPPs 
aren't required in the GOM. 43 U.S.C. 1351(l) then provides that the 
Secretary may require the provisions of section 1351 to apply to leases 
in areas adjacent to the State of Florida. Current rules at 30 CFR 
250.204(d) require DPPs for leases except those in the Western GOM. 
This is continued in Sec.  250.201(a)(2) of this final rule. Section 
250.105 defines the Western GOM as all areas of the GOM except those 
adjacent to the State of Florida. However, because of the need to 
review and track development activities in the Western GOM, DOCDs are 
required for leases in the Western GOM.
    According to the OCSLA, in reviewing EPs and DPPs, MMS must ensure 
that the proposed activities will not:
    (1) Cause serious or undue harm or damage to (a) life, (b) 
property, (c) any other mineral deposits (in leased or unleased areas), 
(d) the national security or defense, or (e) the marine, coastal, or 
human environment;
    (2) Unreasonably interfere with other uses of the area;
    (3) Interfere with or endanger operations on other leases;
    (4) Result in pollution;
    (5) Create hazardous or unsafe conditions; or
    (6) Disturb any site, structure, or object of historical or 
archaeological significance.
    Under the OCSLA, MMS must also ensure that the proposed activities 
will comply with other applicable Federal laws and regulations, 
including the Clean Air Act (CAA), Endangered Species Act (ESA), Marine 
Mammal Protection Act, National Historic Preservation Act, Coastal Zone 
Management Act (CZMA), and Clean Water Act. The regulations at 30 CFR 
part 250 subpart B are intended to enable MMS to carry out these 
responsibilities under the OCSLA.
    MMS issues NTLs to explain and clarify its regulations. MMS 
rescinds NTLs that have served their short-term purpose and now 
regularly reviews the long-term NTLs--both regional and national--to 
keep them up-to-date and to ensure their accuracy and applicability.
    MMS must also comply with the National Environmental Policy Act 
(NEPA), its implementing regulations issued by the Council on 
Environmental Quality (CEQ) at 40 CFR parts 1500 through 1508, and 
policies of the Department of the Interior (DOI). According to NEPA 
requirements, MMS must prepare an Environmental Assessment (EA) in 
connection with its review of plans for activities on the OCS. The 
contents of these plans must be sufficient to support a sound analysis 
of potential environmental impacts that may result from the proposed 
activity. The appropriate MMS Region prepares these analyses for every 
plan received.
    However, the NEPA regulations (40 CFR 1508.4) do allow agencies to 
exclude categories of actions from the preparation of an EA or an 
Environmental Impact Statement (EIS) when agency procedures have 
demonstrated that these actions--individually or cumulatively--do not 
have a significant impact on the environment.
    MMS follows the procedures outlined in the DOI's Departmental 
Manual (516 DM 15) to categorically exclude (``CATEX'') routine OCS 
lease or unit plans in the Western and Central GOM Planning Areas 
unless certain exceptions are present. Some exceptions pertain to the 
nature of the proposed activity, and others to the nature of potential 
environmental impacts that may result from the activity. When MMS 
processes plans using a Categorical Exclusion Review (CER), the agency 
reviews the proposed activity and the potential environmental impacts 
at the proposed site. These do not require MMS to prepare an EA, and 
MMS may limit the information that the lessee/operator is required to 
submit unless the information is required for compliance with other 
Federal laws. MMS prepares an EA in its review of plans that meets the 
criteria of the specified exceptions to the CATEX criteria. As required 
by NEPA, if the EA concludes that significant impacts will result from 
the proposed activity, MMS will prepare an EIS.
    Whether MMS reviews plans through the CER or EA process, the agency 
requires that environmental impacts be avoided or diminished to an 
acceptable level through plan amendments or conditions that MMS imposes 
in the plan approval. See proposed rule published on May 17, 2002 (67 
FR 35372).

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Changes to Subpart B Regulations

    Subpart B incorporates many of the detailed procedures and 
processes that were addressed in Letters to Lessees (LTLs) and NTLs. 
Although the rule may appear to contain many changes from the text of 
the former 30 CFR part 250, subpart B, including expanded lists of data 
and information to be submitted, the rewritten regulations basically 
reflect current requirements and ongoing practices as conveyed to 
lessees and operators via NTLs and LTLs.
    There are, however, some new or expanded areas. The following is a 
list of the major changes in this rule:
    (1) Definitions--Sec.  250.200: Definitions are added to explain 
certain terms used in the rule.
    (2) Conservation--Sec. Sec.  250.203 and 250.204: The rule adds 
language to further clarify and emphasize conservation practices. This 
language will ensure the proper development of economically producible 
reservoirs according to sound conservation, engineering, and economic 
practices. The rule adds clarifying language to protect the full 
interest of the Federal government along State and foreign boundaries.
    (3) Electronic Filing--Sec.  250.206(b): The regulations allow for 
electronic filing of EPs, DOCDs, DPPs, and their accompanying 
information to expedite their review.
    (4) Ancillary Activities--Sec. Sec.  250.207 to 250.210: Under the 
current regulations activities conducted without the approval of an 
application or permit, in order to obtain information to ensure proper 
exploration or development of a lease or unit, are ``preliminary'' 
activities. These activities are conducted before submitting an EP, 
DPP, or DOCD. The term ``preliminary'' activities is not used in this 
revised rule. Instead, the term ``ancillary'' activities is added, and 
the rule covers ancillary activities that could be conducted after, as 
well as before, an EP, DPP, or DOCD is submitted to MMS. The terms 
``development geological and geophysical activities'' and ``geological 
and geophysical explorations'' are added to clarify certain types of 
ancillary activities.
    (5) Written Notice--Sec.  250.208: The rule contains requirements 
for conducting on-lease geological and geophysical (G&G) explorations 
or development geological and geophysical activities that are ancillary 
activities. Lessees and operators must give MMS a written notice before 
beginning any such ancillary activities, including those conducted 
after an OCS plan is approved. This is not a new requirement; various 
NTLs describe this notice. The notice enables MMS to better ensure safe 
use and environmental protection of the OCS with respect to these G&G 
activities. Notification makes MMS aware of significant sets of 
valuable data that could and will be incorporated into MMS analyses and 
MMS-funded studies.
    (6) Other Requirements Related to Notice of Certain Ancillary 
Activities--Sec. Sec.  250.208(c) and 250.209: Along with the notice 
requirement, lessees and operators may be required to prepare and 
submit a report, retain certain data and information, and notify other 
users of the OCS before conducting ancillary activities.
    (7) Detailing Accompanying Information--Sec. Sec.  250.212 and 
250.242: The rule details what information must accompany EPs, DPPs, 
and DOCDs. MMS makes its decision to approve, require modification of, 
or disapprove OCS plans based on its evaluation of the accompanying 
information, as well as the plan contents. If MMS determines that a 
plan has inadequate accompanying information, or if it omits 
accompanying information, then MMS will not deem the plan submitted.
    The rule clarifies that the adequacy review will not begin until 
MMS receives both the OCS plan and its accompanying information. The 
objective is efficiency--so that lessees and operators provide MMS with 
all required information for OCSLA, NEPA, CZMA, and other purposes at 
the beginning of the process. These regulations and the accompanying 
NTL notify industry ``up front'' of the information needed for 
expeditious review of an OCS plan, thereby reducing the need for 
additional filings and costly delays. This benefits industry and MMS 
long-term, particularly in those cases when an EA is required.
    (8) Detailing Cooling Water Intake Information--Sec. Sec.  250.217 
and 250.248: The rule contains new requirements for EPs, DPPs, and 
DOCDs, which briefly summarize information on cooling water intake 
structures, and mitigation measures for reducing adverse environmental 
impacts and biofouling of intake structures.
    (9) Environmental Impact Analysis (EIA)--Sec. Sec.  250.227 and 
250.261: Environmental ``reports'' were formerly required for CZMA and 
NEPA purposes, and to determine compliance with other Federal laws. The 
rule replaces these environmental reports with a reference to 
applicable regulations at 15 CFR part 930 for required CZMA information 
and an EIA for use in our NEPA analysis. The EIA information will aid, 
but not replace, MMS's NEPA evaluation, which is based both on the plan 
contents and accompanying information.
    (10) Change in Timeframes for Deemed-submitted Review--Sec. Sec.  
250.231 and 250.266: The rule increases the time MMS can take to 
determine if a plan is deemed submitted from 10 to 15 working days for 
EPs, and from 20 to 25 working days for DPPs and DOCDs. The OCSLA 
requires MMS to make a decision on EPs within 30 days after they are 
submitted, and on DPPs and DOCDs within 60 days after they are 
submitted (unless an EIS is prepared). MMS needs adequate time before 
the decision-making period starts to determine that the plan and 
accompanying information fulfill requirements and are sufficiently 
accurate. Providing additional time at the beginning of the process is 
more efficient, and can avoid multiple delays later in the review 
process.
    (11) Development Operations Coordination Document (DOCD)--Sec.  
250.241: The rule treats DPPs and DOCDs the same way. DOCDs are 
submitted for the Western GOM only. The current regulations state that 
any information submitted in DOCDs under the provisions at 30 CFR 
250.204(d)(1) and (d)(2) ``shall be considered a Development and 
Production Plan for the purpose of references in any law, regulation, 
lease provision, agreement, or other document referring to the 
preparation or submission of a plan.'' Therefore, MMS deals with them 
together.
    (12) Deepwater Operations Plans (DWOP)--Sec. Sec.  250.286 to 295: 
The sections of the final rule regarding the DWOP have been rewritten 
from the proposed rule for clarity. The final rule specifies more 
particularly than the proposed Sec.  250.288 what a lessee may not do 
without approval of the respective parts of a DWOP.
    The purpose of the DWOP is to ensure that MMS has sufficient 
information to review any development project that uses non-
conventional production or completion technology (in most cases, 
floating or subsea production systems), from a total system approach. 
MMS evaluates the system to determine whether the project will be 
properly developed, particularly from the standpoint of operational 
safety and environmental protection issues.
    A lessee must submit a DWOP if the lessee is going to use non-
conventional production or completion technology, regardless of water 
depth. (The final rule adds a definition of the term ``non-conventional 
production or completion technology'' in the definitions section.)

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Even though these provisions are not limited to deep water operations, 
the plan is called a Deepwater Operations Plan because the use of 
subsea development technology and floating platforms occurs primarily 
on the deep water leases.
    The final rule's provisions supersede NTL 2000-N06. Therefore, NTL 
2000-N06 is hereby rescinded when the regulations take effect on 
September 29, 2005. The preamble to the proposed rule stated that MMS 
would issue a new NTL to replace NTL No. 2000-N06. However, MMS now 
believes that there is no present need to issue a new NTL, and that the 
final rule's provisions adequately cover the information MMS needs. 
Experience with, and knowledge gained from, DWOPs submitted under the 
NTL and its predecessor NTL over the last several years has shown that 
the degree of detail required under NTL 2000-N06 is not needed at this 
point.
    Under NTL 2000-N06, a DWOP was submitted in the three parts, a 
Conceptual Part, a Preliminary Part, and a Final Part. The real 
substance of the DWOP is in what was called the Preliminary Part under 
the NTL and the proposed rule, and is now the DWOP under the final 
rule. The Preliminary Part under the NTL, which the proposed rule would 
have continued, had proved to be unworkable and had not served any real 
purpose because there were no real changes in planned operations from 
the Preliminary Part in the first 90 days after production begins. 
Therefore, the final rule has simplified the process to two parts 
instead of three, a Conceptual Plan and a DWOP. The information 
required for the Preliminary Part under the proposed rule is required 
for what is called the DWOP in the final rule.
    It is appropriate to explain the relationship of the DWOP to a 
DOCD. A DOCD must be approved and pass consistency review under section 
307(c)(3) of the Coastal Zone Management Act (CZMA), 16 U.S.C. 
1456(c)(3), before the lessee may install a production platform. In 
addition to an approved DOCD, the lessee must obtain approval of an 
Application for Permit to Drill (APD) before the lessee may drill a 
production well. While the Conceptual Plan is likely to be (but is not 
necessarily) submitted before a DOCD is approved, approval of the 
Conceptual Plan often occurs after approval of a DOCD. (The DOCD will 
specify that the lessee will use a floating facility, but in most cases 
the DOCD likely will not address in detail the same matters that the 
DWOP addresses.) The lessee may obtain approval of a DOCD, pass CZMA 
consistency review, obtain approval of an APD, and even drill the well, 
without approval of the Conceptual Plan as long as the lessee does not 
complete the well or install the tree before MMS approves the 
Conceptual Plan.
    Similarly, the DWOP must be submitted after the lessee has 
substantially completed safety system design and before procurement or 
fabrication of the safety and operational systems (other than the 
tree), production platforms, pipelines, etc., but the lessee may obtain 
approval of the DOCD, pass CZMA consistency review, and, if it wishes 
to do so, procure or manufacture the safety and operational systems, 
install the platform, drill the well, and (if the Conceptual Plan has 
been approved) complete the well and install the tree before MMS 
approves the DWOP, as long as the lessee does not begin production 
before approval of the DWOP. In most cases, MMS anticipates that both 
the Conceptual Plan and the DWOP will be approved before wells are 
drilled.
    MMS is requiring lessees to submit the Conceptual Plan of the DWOP 
to the Regional Director after the lessee has decided on the general 
concept(s) for development and before beginning engineering design of 
the well safety control system or subsea production systems. MMS will 
not approve a straight hydraulic well control system if the host 
platform is more than ten miles away from the well. At distances 
greater than 10 miles, a straight hydraulic system will not shut a well 
in fast enough in the event of an emergency or other contingency 
requiring a shut-in. If the host platform is more than 10 miles away 
from the well, MMS generally will require an electro-hydraulic well 
control system. In addition, if a lessee is planning to use new or non-
conventional technology from the point of completion onward (including 
subsea systems), it should explain what it intends to do in the 
Conceptual Plan.
    The proposed rule (at Sec.  250.295) contained timeframes within 
which MMS would decide to approve or disapprove the various parts of 
the DWOP. (The proposed rule did not specify what the consequences 
would be if MMS missed an approval deadline.) Upon further 
consideration, the agency has determined that it would not be 
appropriate to bind itself to the timeframes in the proposed rule, and 
has therefore removed these provisions in the final rule.
    Finally, there are a few differences in the content requirements 
for the DWOP under the final rule and the Preliminary Part under the 
proposed rule. (Section 250.292 of the proposed rule specified what the 
Preliminary Part must contain, and Sec.  250.292 of the final rule 
specifies what is now called the DWOP must contain.) First, paragraph 
(j) is refined because MMS has determined that it does not need a flow 
chart for the entire facility. It needs a description of the system up 
to the separation equipment.
    Second, paragraph (1) in the proposed rule is not needed because 
MMS' notification to the lessee of approval of the DWOP will include a 
reminder that the lessee must obtain approval of production test 
allocation processes, flaring, and the Conservation Information 
Document before production may begin.
    Third, paragraph (o) in the proposed rule was in the original NTL 
when the DWOP process was in its beginning stages. MMS does not now 
need a hazard analysis from a third party firm because MMS is much more 
familiar with deep water processes and hazards.
    Fourth, paragraphs (n) and (o) in the final rule pertain to any new 
technology that affects the hydrocarbon recovery system and any 
alternate compliance procedures or departures for which the lessee 
anticipates requesting approval. MMS needs this type of information to 
properly evaluate the lessee's planned system.
    (13) Conservation Information Documents (CID)--Sec. Sec.  250.296 
to 299: The rule contains new sections pertaining to CIDs. NTL 2000-N05 
currently outlines the procedures for these documents. The revised rule 
incorporates the NTL procedures. Therefore, NTL 2000-N05 is hereby 
rescinded when the regulations take effect on September 29, 2005.

Discussion and Analysis of Comments to Proposed Rule

    MMS received comments on the proposed rule and the draft NTL for 
the GOMR from the State of Florida (Florida), Ms. Cynthia Peeler 
(individual commenter), Mr. Peter Velez of Shell Exploration and 
Production Company (SEPCo), and a set of comprehensive comments from 
the oil and gas industry prepared by the American Petroleum Institute 
and Offshore Operators Committee (OOC). Mr. Velez' comments were 
general in nature and although MMS did not prepare specific responses 
to his comments, they were given due consideration and incorporated 
wherever possible. SEPCo also participated in and adopted the comments 
prepared by OOC. All comments were posted on the MMS Internet homepage. 
A summary of the comments received on the proposed rule and MMS' 
responses to the comments, follows.

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Section 250.200 Definitions

    Comment: OOC notes that it is confusing to have terms defined in 
this section and also in 30 CFR 250.105. It recommends that all 
definitions not directly related to plans be located in Sec.  250.105. 
The terms that would remain in this section would be Amendment, 
Modification, Resubmitted OCS Plan, Revised OCS Plan, [and] 
Supplemental OCS Plan.
    Response: MMS adopted the recommended changes, except that the 
definition of ``New or unusual technology'' remains in Sec.  250.200. A 
definition for ``Non-conventional production or completion technology'' 
has been added to the final rule under Sec.  250.200.
    Comment: Florida comments on the definition of ``Ancillary 
activities'' to add [to (1)] ``but which are still required to be 
consistent with the coastal management programs of affected States.''
    Response: No change. Ancillary activities do not require a Federal 
license or permit or other form of approval or permission (see 15 CFR 
930.51(a)) and, therefore, are not subject to CZMA consistency 
requirements. However, should MMS, after review of the notification 
made under Sec.  250.209, determine that an OCS plan is required; the 
plan will be subject to all plan review requirements.
    Also, MMS deleted paragraph (2) in the proposed definition of 
``ancillary activities'' which provided that ancillary activities need 
not be covered by an approved EP, DPP, or DOCD. Under certain 
circumstances an ancillary activity is required to be covered by an OCS 
plan. A change was also made to add the words ``data and'' before the 
word ``information'' in paragraph (1).
    Comment: OOC comments that it is not clear whether the definition 
of ``Development geophysical activities'' excludes shallow hazards 
studies. It recommends that the definition be reworded to the 
following: ``Development geophysical activities means those geophysical 
and related data-gathering activities on your lease or unit that take 
place following discovery of oil, gas, or sulphur in paying quantities 
that detect or imply the presence of oil, gas or sulphur in commercial 
quantities.''
    Response: MMS added the recommended language but retained the 
authority to require notice of shallow hazard surveys and other 
ancillary activities under Sec.  250.208(b)(1) on a case-by-case basis.
    Comment: OOC recommends that the definition of ``New or unusual 
technology'' be clarified so that extensions of existing technology 
which do not meet the proposed rule's criterion of ``(1) Function in a 
manner that potentially causes different impacts to the environment 
than the equipment or procedures did in the past,'' should not be 
considered as ``New or unusual technology.'' OOC recommends that the 
definition be reworded to the following: ``New or unusual technology 
means equipment or procedures that: (1) Have not been used previously 
or extensively in an MMS OCS Region; (2) Have not been used previously 
under the anticipated operating conditions; or (3) Have operating 
characteristics that are outside the performance parameters established 
by this part; and (4) Function in a manner that potentially causes 
different impacts to the environment than the equipment or procedures 
did in the past.'' It is OOC's understanding that at least in the GOMR, 
MMS maintains an internal list of technology that is to be considered 
``new or unusual.'' While OOC recognizes that this list is periodically 
updated as technology moves out of the ``new or unusual'' category and 
may not cover everything that could be considered new or unusual, it 
would be helpful to industry for MMS to make this list available by 
posting it on the Web site.
    Response: MMS agrees that a clarification is necessary and has 
deleted item (1) from the proposed definition of ``New or unusual 
technology'' and renumbered the remaining items in the definition. MMS 
maintains a list and determines whether the technology could cause 
different impacts, and plans to post the non-proprietary portions of 
the list.
    Comment: OOC notes that in 30 CFR 250.201(c) the term 
``comprehensive environmental management program'' is used. It requests 
a definition for this term.
    Response: MMS deleted proposed Sec.  250.201(c)(3) which contained 
the term. Consequently, no definition is needed.

Section 250.201(a) Plans and documents.

    Comment: OOC disagrees that all of the listed plans must be 
approved before conducting any activities. For example, it may be 
necessary or desirable to install mooring piles well in advance of 
installing a floating facility. This activity would normally be a part 
of a DPP or DOCD and would also be described in a DWOP. Lessees and 
operators should not be prevented from performing this activity due to 
the CID not being approved. Rather, the approval of the DPP or DOCD 
should state that the wells cannot be produced until the CID is 
approved.
    Response: No change. Examples of exploration and development 
activities that must be covered by a plan are listed in Sec. Sec.  
250.211(a) and 250.241(a), respectively. Mooring piles are considered 
part of the production platform under Sec.  250.241(a)(3), and, 
therefore, must be covered by an approved DPP or DOCD before 
installation. The DPP or DOCD can be approved before CID approval.
    Comment: OOC notes that in many cases, a well may be drilled as an 
exploratory well under an Exploration Plan, and if hydrocarbons in 
paying quantities are discovered, the well will be completed before 
demobing [demobilizing] the drilling rig off location. This is 
especially true for subsea wells. Therefore, OOC suggests the following 
modifications:
    ``(2) Development and Production Plan (DPP): You must submit a DPP 
before you conduct any development and production activities on a lease 
or unit in any OCS area other than the western GOM. A well may be 
drilled and completed under an Exploration Plan, but not produced until 
a DPP has been approved;
    ``(3) Development Operations Coordination Document (DOCD): You must 
submit a DOCD before you conduct any development and production 
activities on a lease or unit in the western GOM. A well may be drilled 
and completed under an Exploration Plan, but not produced until a DOCD 
has been approved;
    ``(5) Conservation Information Document (CID): (ii) Wells drilled 
and completed under an EP meeting the description of (i)(A) or (B) must 
file a CID within 60 days of completing the drilling and logging 
operations. Approved completion operations are allowed to proceed 
before the approval of the CID. The CID must be approved before 
production of the well.''
    Response: No change. Completion is considered part of the drilling 
activities and is therefore, covered under an approved EP. Since EP 
approval is independent of CID approval, completion operations may 
proceed before CID submittal or approval.
    Comment: OOC remarks that under the requirements to have an 
approved EP, DPP, or DOCD under (6), it is not clear what information 
would need to be provided in an EP, DPP or DOCD. OOC also states that 
it is not clear what the difference is between (6)(C) and (6)(D) since 
under (D) the Regional Supervisor has the right to determine that an 
EP, DPP, or DOCD is necessary

[[Page 51482]]

if the performance standard in Sec.  250.202(e) is not complied with.
    Response: No change. The information requirements for OCS plans 
(including those proposing G&G explorations and development G&G 
activities) are listed in subpart B. Under paragraph 6(C) (now 6 (iii) 
in a table), MMS might determine that certain types or classes of G&G 
explorations or development G&G activities might have a significant 
adverse effect and by NTL would require that such types or classes be 
included in an OCS plan. Under paragraph 6(D) (now 6 (iv) in a table), 
MMS, after receiving notice, might determine that a particular G&G 
exploration or development G&G activity needs to be covered by an OCS 
plan.
    Comment: OOC also notes that currently under the provisions of NTL 
2000-N05, Conservation Information is submitted as a part of 
supplemental EPs or initial or supplemental DOCDs. It agrees that 
approval of supplemental EPs or DOCDs should not be dependent on the 
approval of CIDs.
    Response: MMS agrees that a change was needed. CIDs are no longer 
submitted as part of an Initial or Supplemental DOCD. However, a lessee 
or operator must submit a CID when it submits an Initial DOCD or 
Supplemental DOCD for any development of a lease or leases located in 
water depths greater than 400 meters (1,312 feet). The CID must be 
approved before production begins.

Section 250.201(c) Limiting information.

    Comment: Florida requests clarification of the requirements for 
limiting information by adding the words ``for a similar activity or a 
similar environment.''
    Response: MMS added the word ``applicable.''
    Comment: Ms. Peeler requests submission of a `comprehensive 
environmental management strategy', and that MMS and operators should 
be working under a comprehensive environmental management plan.
    Response: No change. This is beyond the scope of subpart B.
    Comment: Florida requests adding Sec.  250.201(c)(5) in order to 
not relieve the operator or MMS of the responsibility to transmit 
necessary data.
    Response: No change. The rule should not impose requirements on the 
agency. MMS is fully aware of its responsibility to ensure that we do 
not eliminate information from a plan that is required by a State and 
that the required State information is received before MMS deems a plan 
submitted. MMS is also aware of its responsibility to send necessary 
data and information to the affected States.

Section 250.201(d) Referencing.

    Comment: OOC fully supports referencing information and data 
previously submitted or otherwise readily available to MMS. However, in 
practice, OOC finds that many times MMS requires duplicative 
information to be submitted. It presumes this is for the reviewers' 
convenience so the reviewer does not have to locate material in other 
plans and in MMS files. The OOC encourages MMS to utilize previously 
submitted information whenever possible.
    Comment: Florida requests that additional language be added to the 
rule regarding referenced material.
    Response: No change. MMS is required to provide ``complete'' copies 
of plans and accompanying information, including CZMA necessary data 
and information, to reviewing agencies and to the public. If documents 
are referenced from previous submittals, MMS will make those documents 
or their location (library, website, etc.) available to the agencies/
public upon request.

Section 250.203 Where can wells be located under an EP, DPP or DOCD?

    Comment: OOC recommends that (b) be changed to ``Recovering optimum 
reserves;'' stating that economics should always be considered in the 
recovery of hydrocarbons.
    Response: No change. The use of the word ``reserves'' by OOC 
implies that the reservoir has been penetrated by a well. However, 
there are cases when lessees and operators submit EPs, DPPs, and DOCDs 
where it is obvious that there is lease line stacking by a number of 
wells targeting resources (i.e., no prior well penetration) common with 
adjacent leases. This potentially presents a drainage problem that MMS 
tries to rectify before the wells are drilled. MMS agrees with OOC that 
``economics'' should always be considered in the recovery of 
hydrocarbons. However, MMS cannot make a decision that resources (based 
solely on seismic data) are economic and tell a company where a well 
should be drilled. Further, MMS cannot, and does not, require a company 
to drill or produce a well that is not economic.
    Comment: OOC remarks that it is unclear how this matches up with 
the requirements for and approval of the CID for development plans. If 
MMS is reviewing this information under the DPP or DOCD and then again 
under the CID, it appears that MMS is doing duplicative work.
    Response: No change. The CID is only for deep water. These are 
factors MMS will consider, not information that the operator must 
submit.
    Comment: OOC asks for an explanation of the difference between (c) 
[number of wells that can be economically drilled for proper reservoir 
management] and (i) [drilling of unnecessary wells].
    Response: No change. The following example is offered as an 
explanation of the difference between paragraphs (c) and (i): The 
Regional Supervisor's analysis shows that a reservoir could support a 
maximum of three wells. Two wells are producing on Lease A, and one 
well is producing on Lease B. All of the wells are producing from the 
same reservoir. In essence, this is the proper ``number of wells that 
can be economically drilled for proper reservoir management'' 
(paragraph (c)).
    However, the operator of Lease B proposes to economically drill 
another well solely to counter possible drainage by Lease A. The 
drilling of this well would not increase the ultimate recovery or 
contribute additional hydrocarbon reserves. Even though the well is 
economic, it was established that the reservoir can only support a 
maximum of three wells. Therefore, the drilling of this fourth well 
would be unnecessary. In deciding whether to approve a proposed well 
location the Regional Supervisor will consider factors including the 
``drilling of unnecessary wells'' (paragraph (i)).

Section 250.206(a) Number of copies.

    Comment: OOC comments that since the number of copies may change 
from time to time, and may be different for various plans, it may be 
more appropriate to put the details in an NTL. In the GOMR, for 
example, NTL No. 2002-G08 (now NTL No. 2003-G17), clarifies that not 
all plans require 8 public information copies.
    Response: No change. The Office of Management and Budget (OMB) 
requires that agencies justify for OMB approval if the agency requires 
more than an original and two copies of any response. It is appropriate 
that the maximum number of copies be specified through rulemaking.

Section 250.206(b) Mailing addresses.

    Comment: OOC comments that since MMS addresses may change from time 
to time, it may be less burdensome to provide this information in a NTL 
and alleviate the necessity for a rulemaking effort to change an 
address.

[[Page 51483]]

    Response: MMS agrees and has deleted the addresses.

Section 250.206(c) Electronic submission.

    Comment: OOC comments that the regulation should not include a 
provision requiring electronic submittals when no details of the 
requirements have been provided for comment. This should be the subject 
of a subsequent rulemaking if electronic submittals are required.
    Response: MMS agrees and made appropriate changes.
    Comment: OOC supports the options for voluntary electronic 
submittals that have been provided in NTL No. 2002 G-08 and supports 
including this information in the regulation.
    Response: An administrative and procedural NTL will be issued 
shortly after the effective date of the rule. It will contain guidance 
on electronic submittals according to Section 250.190(a)(3).
    Comment: OOC is concerned over the details on how electronic 
submittals are handled by MMS. How will the confidential information be 
handled and be secured? How will the information be made available to 
the various MMS reviewers? Will the information be released in an 
electronic format to other federal agencies and state agencies?
    Response: MMS will continue to protect confidential and proprietary 
information according to the Freedom of Information Act (FOIA) and its 
implementing regulations.
    Comment: Florida recommends adding ``Electronic submission to 
affected States will require consultation with the Regional Supervisor 
and concurrence of an affected State.''
    Response: MMS does not agree. MMS will consult with affected States 
(and already has with Texas and Louisiana) to work out details of the 
electronic submission process. This is a procedural matter to be worked 
out between government agencies, not a matter of concern to a plan 
submitter, and does not belong in the rule.

Section 250.207(a) Geological and geophysical explorations and 
development geological and geophysical activities.

    MMS has deleted the phrase, ``except those that must be covered by 
an EP, DPP, or DOCD under 30 CFR 250.201(a)(6), or 250.209'' to show 
that a geological or geophysical exploration or a development 
geological or geophysical activity remains an ancillary activity even 
when it is required to be covered by an OCS plan. This change resulted 
from an internal MMS review of the proposed regulation, not from an 
outside comment.

Section 250.208 If I conduct ancillary activities, what notices must I 
provide?

    Comment: OOC assumes that the notices required for those activities 
that are conducted on individual leases are similar to the ones covered 
under 30 CFR part 251 for unleased areas or areas leased to third 
parties.
    Response: This is a correct assumption.
    Comment: Florida requested addition of the word ``specific'' before 
``type(s) of operations'' in (a)(2).
    Response: MMS agrees and added the word ``specific.''
    Comment: OOC assumes that this notice requirement does not apply to 
shallow hazard surveys or any of the other ancillary activities (other 
than geological and geophysical explorations and development geological 
and geophysical activities) identified in Sec.  250.207(a). Based on 
the language in Sec.  250.208(b)(1), OOC assumes that MMS cannot 
require notices for the other listed ancillary activities in Sec.  
250.207 without a change in regulation. If this is not correct, then 
OOC strongly objects to a 30-day notice period for the other listed 
ancillary activities. This would be extremely burdensome and slow down 
reserve development.
    Response: This is not a correct assumption; see response to next 
comment. MMS is retaining the authority under Sec.  250.208(b)(1) to 
require notice for any other ancillary activity, including shallow 
hazard surveys. If such a notice is required, MMS will review the 
notice to determine if the ancillary activity complies with certain 
performance standards in accordance with Sec.  250.209. If MMS 
concludes that the activity does not comply with those standards, MMS 
will require the lessee or operator to submit an OCS plan. In that 
case, the ancillary activity cannot be conducted until MMS approves the 
OCS plan. In addition, MMS changed Sec.  250.208(b)(1) to provide for a 
15-day notice period if a notice for another listed ancillary activity 
(i.e., those described in Sec.  250.207(b) and (c)) is required.
    Comment: OOC states that the requirement in Sec.  250.208(b)(1) is 
very broad and confusing. What other activities could be considered 
ancillary activities?
    Response: The other types of ancillary activities are stated in 
Sec.  250.207(b) and (c). The notice period is 15 days.
    Comment: OOC states that Sec.  250.208(b)(2) is an overly broad 
requirement and lacks sufficient detail for it to appropriately 
comment. Under what circumstances would this be done? Who would they be 
required to notify? How would it be done? What would be the timeframe 
for the notice? They believe that this requirement should be deleted 
from the regulation and be covered under a separate rulemaking if 
notice is to be required.
    Response: No change. Depending upon the nature of the ancillary 
activity (e.g., the use of explosives), it may be appropriate for the 
lessee or operator to notify other users of the area such as a military 
facility or other lessees, operators or G&G permittees. If this 
provision is invoked, guidance on the procedures for these notices will 
be provided either on a case-by-case basis or in a revised NTL.
    Comment: Regarding Sec.  250.208(b)(2), Florida requests a 
discussion of the method of notification.
    Response: No change. If necessary, this type of guidance will be 
provided either on a case-by-case basis or in a revised NTL.

Section 250.210(a) Reporting.

    Comment: OOC asks when MMS will require that a report be submitted. 
How much time would the operator have until the report was due? What 
would be the required analysis? What would be data or information 
derived from the ancillary activities? Would it be held confidential? 
This requirement is overly broad without enough detail to properly 
comment. OOC recommends that MMS remove this from the proposed 
regulation and cover it in a subsequent rulemaking when sufficient 
information is available for comment.
    Response: No change. MMS believes that sufficient information was 
available in the proposed rule and current NTLs for an adequate review 
of this section and, consequently, did not remove it for consideration 
under subsequent rulemaking. Guidance regarding when reports on 
ancillary activities will be required and due, and their contents, will 
continue to be addressed in various NTLs. Information from reports of 
G&G explorations and development G&G activities enables MMS to prepare 
for lease sales and conduct fair market value determinations. 
Information from other ancillary activities enables MMS to adequately 
review EPs, DPPs, and DOCDs. When applicable, data and information 
submitted to MMS will be held confidential in accordance with Sec.  
250.196(b). MMS added this confidentiality statement in a new paragraph 
(c) in Sec.  250.210.

[[Page 51484]]

Section 250.210(b) Data or information retention.

    Comment: OOC does not believe that it is appropriate for MMS to 
require operators to retain copies of all information derived from 
ancillary activities. Many times, there may be studies that are used 
for purposes other than exploring or developing a lease that a lessee 
or operator should not have to retain. OOC does not object to retaining 
the raw data and making it available to MMS.
    Response: MMS limited the requirement to retain information to that 
obtained during G&G explorations and development G&G activities. MMS 
may need this information to evaluate leases and plan for lease sales 
at any time during the life of the lease or unit. Even though the rule 
does not require the retention of data and information from other 
ancillary activities, MMS suggests that lessees and operators consider 
retaining data and information because the lessee or operator may need 
to include that data and information in supplemental or revised EPs, 
DPPs, and DOCDs (e.g., high resolution seismic lines under Sec. Sec.  
250.214(g) and 250.244(g)).

Section 250.211(a) Description, objectives, and schedule.

    Comment: For overall clarity, OOC recommends that the seismic 
activity language be moved from this section to Sec.  250.207(a).
    Response: MMS agrees. MMS has deleted the reference to seismic 
activities in the MMS Alaska and Pacific OCS Regions since the process 
to handle these activities is sufficiently delineated in Sec. Sec.  
250.207 through 250.210.
    Comment: OOC recommends including well completion (not production) 
as an example of an exploratory activity.
    Response: No change. A well completion is an extension of the 
exploration drilling activity and does not need to be covered as a 
separate activity under an EP.

Section 250.211(b) Location.

    Comment: OOC believes there is no purpose in showing the water 
depth of the bottom hole location and, therefore, that information 
should not be required.
    Response: MMS made the recommended change. MMS agrees that the 
bottom hole location is not needed on the location map.
    Comment: OOC asks whether bathymetry information be provided in a 
table instead of a map.
    Response: No change. A location plat is required for MMS evaluation 
and State consistency review.

Section 250.211(c) Drilling unit.

    Comment: OOC believes that it is overly burdensome and serves no 
meaningful purpose to provide the required information for fuels, oil, 
and lubricants that are stored on the facility in very small 
quantities. It recommends that the rule be limited to fuels, oil and 
lubricants that are stored in quantities greater than 25 barrels.
    Response: For the GOMR, due to the large number of very similar 
plans that are routinely submitted, MMS agrees that listing smaller 
volumes of stored fuels, oil, and lubricants is overly burdensome. The 
volume thresholds are stated in the interpretive guidance in the 
accompanying GOMR NTL, not in this part of the rule.
    Comment: OOC notes that in many cases at the time an EP is filed, 
the specific rig or rigs to be utilized has or have not been 
contracted. Therefore, only generic information that pertains to the 
type of rig to be utilized is provided. OOC also notes that the 
specific rig and equipment particulars are identified in the APD for 
the well to be drilled. OOC believes that this is the appropriate 
application to provide this information.
    Response: No change. If the specific rig has not been contracted, 
the maximum in the class should be provided. MMS requires this 
information to assess environmental impacts and for State coastal zone 
consistency review.
    Comment: OOC suggests that if an MMS regional office needs specific 
information on rigs operating within the region, MMS should collect the 
information one time and maintain a file for the rig. If a rig is 
brought into the MMS region, the file could be updated.
    Response: No change. However, MMS encourages industry to establish 
a regional rig file that a lessee or operator could access on the 
Internet and reference under Sec.  250.201(d).

Section 250.213(b) Drilling fluids.

    Comment: OOC notes that in many cases, several different mud 
systems with different chemical composition and components will be 
utilized during the course of a well. At the time that the EP is filed, 
the specific mud program for each well may not have been developed. OOC 
recommends that this section be changed to the following: ``(b) 
Drilling fluids. A table showing the projected amounts for each of the 
types (i.e., water based, oil based, synthetic based) of drilling 
fluids you may use to drill your proposed exploration wells.''
    Response: MMS agrees and has provided clarification.
    Comment: OOC requests an explanation of the term ``rates of 
usage.''
    Response: For clarification, MMS changed the term ``rates of 
usage'' to ``discharge rate.''

Section 250.213(c) Chemical products.

    Comment: OOC comments that following the issuance of NTL No. 2000-
G21, a study was conducted on chemical products usage in the GOM in 
lieu of this information being submitted in each plan. Therefore, it 
recommends that the GOM be exempt from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.
    Comment: OOC comments to the NTL point out that the NTL requires 
``Oils Characteristics'' and there is no corresponding reference in the 
rule for EPs. OOC also notes that detailed information is unknown at 
the EP stage.
    Response: MMS agrees with OOC. Since no reference to Oils 
Characteristics for EPs is in the rule, the provision in the MMS GOMR 
NTL to provide such information for EPs has been deleted.

Section 250.213(d) New or unusual technology.

    Comment: OOC comments that in many cases, the use of new or unusual 
technology includes the use of proprietary information. Therefore, it 
recommends that the following statement be added to the regulation: 
``In the public information copies of your EP, you may exclude any 
proprietary information from this description. In that case, include a 
brief discussion of the general subject matter of the omitted 
information. If you will not use any new or unusual technology to carry 
out your proposed activities, include a statement so indicating.''
    Response: MMS agrees and has adopted the language.

Section 250.213(e) Bonds, oil spill financial responsibility, and well 
control statements.

    Comment: OOC recommends that MMS allow lessees or operators to 
delay furnishing bonds and evidence of oil spill financial 
responsibility until after the EP has been approved, but before the 
proposed activities are approved or permitted. Therefore, OOC 
recommends adding the following statement to (1): ``In lieu of 
providing bonds and making this statement, you may request, in writing, 
to delay furnishing the required bond coverage until after your EP or 
DOCD is approved but before your proposed activities are approved or

[[Page 51485]]

permitted. Refer to 30 CFR 256.53(a)(1)(ii).''
    Response: MMS adopted OOC's recommended change and provided a 
reference to 30 CFR 256 subpart I.

Section 250.213(g) Blowout scenario.

    Comment: Florida recommends adding the word ``maximum'' to qualify 
``timeframe.''
    Response: MMS reworded for clarity and added ``maximum duration.''

Section 250.214(g) High-resolution seismic lines.

    Comment: OOC questions the necessity of providing two intersecting 
seismic lines.
    Response: MMS agrees that only the closest line is needed and made 
the appropriate change.
    Comment: OOC recommends adding the following statement: ``You are 
not required to provide this information if the surface location of 
your proposed well has been approved in a previously submitted EP, DPP, 
or DOCD.''
    Response: MMS agrees with OOC and adopted the proposed language.

Section 250.214(j) Geochemical information.

    Comment: OOC recommends that the GOM should be specifically 
excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.214(k) Future G&G activities.

    Comment: OOC recommends that the GOM should be specifically 
excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.215(a) Concentration.

    Comment: OOC recommends that this should be required only when the 
area has been classified as H<INF>2</INF>S present. Otherwise you will 
not know the concentration.
    Response: No change. The rule requires only an estimate, not a 
known concentration.

Section 250.216 What biological, physical, and socioeconomic 
information must accompany the EP?

    Comment: Florida recommends deleting ``if you obtain'' and replace 
with ``you must obtain.''
    Response: No change. MMS does not require this type of information 
to be collected. However, if the lessee or operator independently 
collects it during the development of the EP, then it must accompany 
the EP.

Section 250.216(b) Physical environment reports.

    Comment: OOC notes that in the GOM, limited site-specific 
meteorological data (temperature, wind, etc.) may be collected, but not 
necessarily in any formal, organized, or scientific fashion and should 
not have to be submitted. Therefore, it recommends that this 
requirement be eliminated for the GOM. Similarly, OOC notes that 
limited physical oceanographic information may be collected, but not 
necessarily in any formal, organized, or scientific fashion. This data 
should not have to be submitted. Therefore, OOC recommends that this 
requirement be eliminated for the GOM.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany EPs in the GOMR. However, in the Eastern Planning Area of the 
GOMR, a discussion of air and water quality in and adjacent to the 
proposed activities is required. For clarity, MMS replaced 
``archaeological information'' with ``archaeological reports if 
required under Sec.  250.194.''

Section 250.216(c) Socioeconomic study reports.

    Comment: OOC requests that this requirement not apply to the GOM.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not generally required 
to accompany EPs in the GOMR. However, if the proposed activities have 
socioeconomic implications for the State of Florida, certain 
information is required.

Section 250.217(a) Projected wastes.

    Comment: OOC notes that providing the quantity of a waste either 
annually or monthly may be difficult to estimate. An appropriate unit 
of measure should be utilized which could include on a per well or per 
person basis. The chemical product wastes should be limited to 
``treating'' chemicals (not include housekeeping, etc. chemical 
wastes.)
    Response: MMS agrees to delete ``annual or monthly.'' MMS made no 
change with regard to projected waste `` MMS may want to require 
information regarding other projected wastes. MMS requires the 
information for NEPA and CZMA purposes.

Section 250.217(e) Projected cooling water intake.

    Comment: OOC requests that this requirement be removed from the 
regulation. This is premature since the Environmental Protection Agency 
has not adopted final regulations pertaining to cooling water intake 
structures used for exploratory activities.
    Response: MMS included information collection requirements for 
cooling water intake structures to more fully comply with the NEPA, its 
implementing regulations issued by the CEQ at 40 CFR parts 1500 through 
1508, and policies of DOI and MMS. According to NEPA requirements, MMS 
must prepare an EA in connection with its review of plans for 
activities on the OCS. The contents of plans must be sufficient to 
support a sound analysis of potential environmental impacts that may 
result from the proposed activity. As required by NEPA, if the EA 
concludes that significant impacts will result from the proposed 
activity, MMS will prepare an EIS.
    MMS does not agree with the commentor that this action is 
premature; MMS's responsibilities under NEPA are independent of the 
Environmental Protection Agency (EPA) Clean Water Act (CWA) Sec.  
316(b) rulemaking on cooling water intake structures. As previously 
stated, MMS is required by NEPA to assess potential environmental 
impacts that may result from the proposed activity.
    See http://www.epa.gov/waterscience/316b/index.html for more 
information on EPA's CWA Sec.  316(b) rulemakings.

Section 250.218(a) Projected emissions.

    Comment: Ms. Peeler states that MMS should require planning 
documents to address greenhouse gases and establish a monitoring system 
to assure greenhouse gas emission levels are not exceeded.
    Response: No change. The Clean Air Act (CAA) does not address 
greenhouse gas emissions. Neither MMS nor the Environmental Protection 
Agency (EPA) presently has the authority to require limits on 
greenhouse gas emissions from specific projects.

[[Page 51486]]

    Comment: Ms. Peeler requests establishing an emission/discharge 
trading program.
    Response: No change. Emission offsets are covered under Sec.  
250.303(i).
    Comment: OOC notes that emission factors (EF) for PM<INF>10</INF> 
and PM<INF>2.5</INF> based upon natural gas fired units measured by 
conventional EPA methods are probably high by a factor of 10-50 based 
upon recent DOE/API studies. Current MMS-138 and MMS-139 forms use an 
EF of 7.6 lbs of PM (Total) per 10\6\ scf. (AP-42, Table 1.4-2, July 
1998). It is assumed that all the PM is less than 1.0 microns in 
diameter. Why speciate PM when EF are of such poor quality?
    Response: Since the Breton Offshore Activities Data System (BOADS) 
study and EPA's AP-42 document use 7.6 pounds per million cubic feet 
(MMCF), MMS will maintain this value. MMS will revise the emission 
factors once official updated values are available.

Section 250.218(b) Emission reduction measures.

    Comment: Ms. Peeler makes reference to 43 U.S.C. 1347(b) and best 
available and safest technology (BAST).
    Response: No change. Sections 250.107(c) and (d) implement this 
requirement.

Section 250.219(a) Oil spill response planning.

    Comment: With respect to paragraph (a)(2)(iii), since Oil Spill 
Removal Organizations (OSROs) are included in the regional Oil Spill 
Response Plan (OSRP), OOC asks why they have to be named in each EP. 
With respect to paragraph (a)(2)(iv), OOC inquires regarding the 
purpose of providing a comparison between the site specific worst case 
discharge and that in the regional OSRP.
    Response: No change. The information required under paragraph 
(a)(2)(iii) is necessary for all States to use in their CZMA 
consistency reviews. MMS uses the information required under paragraph 
(a)(2)(iv) as a streamlined means to ensure compliance with 
requirements of the Oil Pollution Act of 1990 (OPA 90).

Section 250.221(a) Monitoring systems.

    Comment: OOC assumes that this does not include wind, temperature, 
etc. that are commonly monitored on an informal basis.
    Response: No change. A monitoring plan might include this type of 
information.

Section 250.221(b) Flower Garden Banks National Marine Sanctuary.

    Comment: For clarity and completeness, OOC recommends that this 
language be moved to Sec.  250.219(c).
    Response: No change. This is not spill information, it is 
monitoring information.
    Comment: OOC requests modification to ``a description of your 
provisions for monitoring the impacts of an oil spill on the 
environmentally sensitive resources at the Flower Garden Banks National 
Marine Sanctuary.''
    Response: MMS agrees and has reworded for clarity.

Section 250.223 What mitigation measures information must accompany the 
EP?

    Comment: OOC notes that the language used seems to indicate that 
such measures will be utilized. They suggest the following language: 
``If you propose to use any measures beyond those required by the 
regulations in this part to minimize or mitigate environmental impacts 
from your proposed exploration activities, provide a description of the 
measures you will use in your EP.''
    Response: MMS agrees and used the recommended language.

Section 250.224(a) General.

    Comment: OOC requests clarification of the term ``offshore 
vehicle.''
    Response: An offshore vehicle is a vehicle that is capable of being 
driven on ice. See definition.

Section 250.224(b) Air emissions.

    Comment: For clarity and completeness, OOC recommends that this 
requirement be moved to the air emission section in Sec.  250.218.
    Response: No change. The regulations are organized in a manner that 
addresses air emissions based on source. There is no single section 
that includes all air information requirements.

Section 250.224(c) Drilling fluids and chemical products 
transportation.

    Comment: OOC would like this requirement to be specifically 
eliminated for the Western and Central GOM.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany EPs in the Western and Central Planning Areas of the GOMR.

Section 250.224(d) Solid and liquid wastes transportation.

    Comment: OOC asks for the purpose of giving the reason for 
transportation, because these are already classified as wastes.
    Response: MMS agrees and deleted ``the reason for transportation.''
    Comment: OOC asks whether the destination being requested is the 
shore base or the ``final'' disposal, reuse, or recycling location. OOC 
suggests that the destination being requested be considered the shore 
base. In many instances, the ``final'' destination is not known, 
particularly for trash that is placed in a common bin at the shore 
base.
    Response: No change. The final destination is the place where the 
operator transfers the waste to an entity that will receive, reuse, 
recycle, or dispose of the waste.
    Comment: OOC notes that the composition and quantities are 
estimates only and based on typical estimates from similar drilling 
operations. Also, the destination of the waste is based on pre-planning 
only and may change during the actual activities conducted under the 
EP.
    Response: MMS concurs that these are estimates.
    Comment: OOC states that given that this information is based on 
typical wastes and disposal for similar operations, it fails to see the 
necessity of providing the information in each plan. Of equal or more 
value could be a waste management study across industry for various 
activities.
    Response: If such an industry-wide waste management study is 
completed, it may be referenced under Sec.  250.201(d).

Section 250.224(e) Vicinity map.

    Comment: OOC suggests adding the word ``primary'' before 
``routes.'' In many cases, an alternate route may be taken depending on 
environmental conditions, visiting multiple platforms, etc.
    Response: MMS agrees and made the appropriate change.

Section 250.225(a) General.

    Comment: Florida requests additional language regarding onshore 
facilities.
    Response: MMS agrees and added additional language as follows: 
Describe any State or Federal permits or approvals (dredging, filling, 
etc.) that would be required for constructing or expanding them.

Section 250.225(b) Air emissions.

    Comment: OOC requests that EPs in areas westward of 87[deg]30'W 
longitude in

[[Page 51487]]

the GOM be specifically excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany any EPs in the GOMR.

Section 250.225(c) Unusual solid and liquid wastes.

    Comment: Florida requests a definition of ``unusual wastes.''
    Response: Unusual wastes are those wastes not specifically 
addressed in the relevant National Pollutant Discharge Elimination 
System (NPDES) permit.
    Comment: OOC requests that EPs in the GOM be specifically excluded 
from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany any EPs in the GOMR.

Section 250.225(d) Waste disposal.

    Comment: For clarity and completeness, OOC suggests that this 
requirement be included with Sec.  250.224(d) since much of this 
information appears to be duplicative of that required in Sec.  
250.224(d).
    Response: No change. The regulation is organized in a manner that 
addresses wastes based on source. There is no one section that includes 
all waste information requirements.

Section 250.226 What CZMA certification must accompany the EP?

    Comment: OOC could not locate 15 CFR 930.76(d) and requested the 
correct citation.
    Response: No change. This citation is correct.

Section 250.227(a) General requirements.

    Comment: OOC requests an explanation of how the requirements listed 
in Sec.  250.227(b) assist the Regional Supervisor in complying with 
NEPA and other relevant Federal laws.
    Response: No change. The Environmental Impact Analysis (EIA) 
assists MMS in each and every EP submittal to determine, based on the 
project-specific impact analysis provided by the lessee or operator for 
his project, if there is an exception to the DOI's listing of 
categorical exclusions. The lessee or operator is in the best position 
to determine the environmental effects of its proposed activity based 
on whether the operation is routine or non-routine. The lessee or 
operator must be able to evaluate the nature and extent of any 
environmental implications of its proposed exploration activities.

Section 250.227(b) Resources, conditions, and activities.

    Comment: In (4), OOC asks for a definition of ``critical habitat.''
    Response: MMS reworded the rule to clarify. The definition for 
``critical habitat'' is: (i) The specific areas within the geographical 
area currently occupied by a species, at the time it is listed in 
accordance with section 4 of the Endangered Species Act, on which are 
found those physical or biological features (I) essential to the 
conservation of the species, and (II) which may require special 
management considerations or protection, and (ii) specific areas 
outside the geographical area occupied by a species at the time it is 
listed upon a determination by the Secretary that such areas are 
essential for the conservation of the species. (See 64 FR 31871.)
    Comment: OOC requests that the GOM be specifically excluded from 
the requirement in (7).
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not typically required 
to accompany any EPs in the GOMR.

Section 250.227(c) Environmental impacts.

    Comment: OOC requests that the reference to cooling water intake 
structures be removed since EPA has not issued final regulations for 
these structures.
    Response: Not adopted. See response to Sec.  250.217(e).

Section 250.228(a) Exempted information description (public information 
copies only).

    Comment: An OOC comment on the NTL questions the need for this 
information.
    Response: No change. The information is necessary to provide a 
general overview of what has been excluded from the public information 
copy for those reviewers who cannot get access to proprietary data.

Section 250.228(b) Bibliography.

    Comment: An OOC comment on the NTL questions the need for this 
information, stating that MMS has this information already.
    Response: No change. This provision does not require a list of all 
plans, reports, etc. It requires only a list of those that have been 
referenced in the EP.

Section 250.231(a) Determine whether deemed submitted.

    Comment: OOC asks for the basis for increasing the timeframe from 
10 days to 15 days. It requests that EPs be deemed submitted within 10 
days.
    Response: No change. The additional working days are necessary 
because of increased review time as described in the preamble to the 
proposed rule (67 FR 35373).
    Comment: OOC requests an explanation of the term ``sufficiently 
accurate'' in (1).
    Response: Sufficiently accurate means in a manner that is enough to 
meet the needs of a situation or proposed end.
    Comment: OOC requests that when the plan has been ``deemed 
submitted,'' the contact person be notified by fax, letter, or e-mail.
    Response: MMS made the recommended change.

Section 250.231(b) Identify problems and deficiencies.

    Comment: OOC asks when and how the Regional Supervisor will notify 
you that your plan has a deficiency. It suggests that the notification 
occur within the timeframe established in Sec.  250.231(a). OOC 
requests that the notification be made to the contact person by fax, 
letter, or e-mail.
    Response: MMS made the recommended change to provide a time frame 
for response. The method of notification will continue to be by phone, 
fax, letter, or e-mail.

Section 250.232(a) State and CZMA consistency reviews.

    Comment: In lieu of ``receipted'' mail, OOC requests that the 
public information copy be sent by ``overnight'' mail. It believes that 
the cost differential between receipted mail and overnight mail is not 
significant. If MMS believes the cost is prohibitive, then MMS may 
request the operator to provide a completed air bill at the expense of 
the lessee or operator. Sending the public information copy by 
overnight mail will significantly speed up the CZMA process. 
Alternatively, if the operator provides a complete public information 
copy in an electronic format, it could be e-mailed.

[[Page 51488]]

    Response: MMS made changes to allow alternative methods.

Section 250.232(d) Amendments.

    MMS made changes as a result of its internal review of the proposed 
regulation, to clarify that some major amendments proposed by the 
lessee or operator may require a deemed submitted review.

Section 250.235(a) Amend your EP.

    Comment: OOC notes that if MMS has approved the EP, then the plan 
would need to be revised, not amended.
    Response: No change. EPs already approved are addressed under Sec.  
250.281(d)(3).

Section 250.241(b) Location.

    Comment: OOC believes there is no purpose in showing the water 
depth of the bottom hole location, and this information should 
therefore not be required.
    Response: MMS agrees and has made the recommended change.
    Comment: OOC asks for the purpose of showing this information on a 
bathymetry map. Showing the information in a table should be sufficient 
and a map should not be required.
    Response: No change. A location plat is required for MMS evaluation 
and State CZMA consistency review.

Section 250.241(c) Drilling unit.

    Comment: OOC believes that it is overly burdensome and serves no 
meaningful purpose to provide this information for fuels, oil, and 
lubricants that are stored on the facility in very small quantity. It 
recommends that this be limited to fuels, oil, and lubricants that are 
stored in quantities greater than 25 barrels.
    Response: No change. The Pacific and Alaska OCS Regions have no 
established minimum volume. However, in the companion NTL, the GOMR has 
established a minimum volume of 25 bbls for all purposes.
    Comment: OOC notes that in many cases at the time an EP [DPP or 
DOCD] is filed, the specific rig or rigs to be utilized have not been 
contracted. Therefore, only generic information that pertains to the 
type of rig to be utilized is provided. The APD for the well to be 
drilled identifies the specific rig and equipment particulars. OOC 
believes that the APD is the appropriate application to provide this 
information.
    Response: No change. If the specific drilling rig has not been 
contracted, the maximum for the class of rig should be provided. MMS 
needs the information to assess environmental impacts.
    Comment: OOC suggests that if an MMS regional office needs specific 
information on rigs operating within the region, the regional office 
should collect the information one time and maintain a file for the 
rig. If a rig is brought into the MMS region, the file could be 
updated.
    Response: No change. However, MMS encourages the industry to 
establish a regional rig file that a lessee or operator could access on 
the Internet and reference under Sec.  250.201(d).

Section 250.241(d) Production facilities.

    Comment: Florida requests definition of ``other facilities.''
    Response: No change. ``Other'' refers to any production facility 
not listed.

Section 250.243(b) Drilling fluids.

    Comment: OOC notes that in many cases, several different mud 
systems with different chemical composition and components will be 
utilized during the course of drilling a well. At the time the DPP or 
DOCD is filed, the specific mud program for each well may not have been 
developed. They recommend that this section be changed to the 
following: ``(b) Drilling fluids. A table showing the projected amounts 
for each of the types (i.e., water based, oil based, synthetic based) 
of drilling fluids you may use to drill your proposed exploration (sic) 
wells:'
    Response: MMS agrees and made the necessary clarification.
    Comment: OOC requests an explanation of the term ``rates of 
usage.''
    Response: MMS changed the term ``rates of usage'' to the term 
``discharge rate.''

Section 250.243(c) Production.

    Comment: OOC asks why MMS needs the average production rate. How is 
it utilized? The reservoirs may have different lives. They suggest that 
it should be the life of the project.
    Response: This average production rate is used to determine if the 
proposed production in the DPP or DOCD is a candidate for royalty in 
kind (RIK). MMS deleted the requirement for submitting a production 
decline curve in paragraph (c)(1).

Section 250.243(d) Chemical products.

    Comment: OOC notes that following the issuance of NTL No. 2000-G21, 
a study was conducted on chemical products usage in the GOM in lieu of 
this information being submitted in each plan. Therefore, the GOM 
should be specifically exempt from this requirement.
    Response: No change to the rule. The rule applies to all Regions, 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.243(e) New or unusual technology.

    Comment: OOC notes that in many cases, the use of new or unusual 
technology includes the use of proprietary information. Therefore, it 
recommends that the following statement be added to the regulation: 
``In the public information copies of your DPP or DOCD, you may exclude 
any proprietary information from this description. In that case, 
include a brief discussion of the general subject matter of the omitted 
information. If you will not use any new or unusual technology to carry 
out your proposed activities, include a statement so indicating.''
    Response: MMS agrees and made the recommended change.

Section 250.243(f) Bonds, oil spill financial responsibility, and well 
control statements.

    Comment: OOC recommends delaying the requirements to furnish bonds 
and evidence of oil spill financial responsibility until after the DPP 
or DOCD has been approved, but before the proposed activities are 
approved or permitted. Therefore, it recommends adding the following 
statement to (1): ``In lieu of providing bonds and making this 
statement, you may request, in writing, to delay furnishing the 
required bond coverage until after your EP, DPP, or DOCD is approved 
but before your proposed activities are approved or permitted. Refer to 
30 CFR 256.53(a)(1)(ii).''
    Response: MMS adopted OOC's recommended change and provided a 
reference to 30 CFR part 256 subpart I.

Section 250.243(g) Suspensions of production or operations.

    Comment: OOC requests that this be limited to a SOP or SOO that has 
been granted. You may not be able to anticipate that you will need an 
SOP or SOO at the time the DOCD is filed.
    Response: No change. If you do not anticipate the need for a 
suspension at the time you file a DOCD, indicate that none are 
anticipated.

Section 250.243(h) Blowout scenario.

    Comment: Florida recommends adding ``maximum timeframe.''
    Response: MMS made an equivalent change by adding the words 
``maximum duration.''

[[Page 51489]]

Section 250.244(h) Stratigraphic column.

    Comment: OOC recommends that the Western and Central GOM be 
specifically excluded.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.244(i) Time-versus-depth chart.

    Comment: OOC recommends that the Western and Central GOM be 
specifically excluded.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.244(j) Geochemical information.

    Comment: OOC recommends that the GOM should be specifically 
excluded.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.244(k) Future G&G activities.

    Comment: OOC recommends that the GOM should be specifically 
excluded.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.245(a) Concentration.

    Comment: OOC recommends that this information should only be 
required when the area has been classified as H<INF>2</INF>S present. 
Otherwise you will not know the concentration.
    Response: No change. The rule requires an estimate, not a known 
concentration.

Section 250.245(d) Modeling report.

    Comment: OOC believes that the requirement in (3) for specific 
modeling of how any H<INF>2</INF>S at any concentration, no matter how 
low, affects an onshore area is too restrictive. This should be limited 
to cases where the H<INF>2</INF>S concentration is greater than 10 
parts per million at an onshore location.
    Response: MMS replaced the word ``area'' with the word ``location'' 
in paragraph (3) and made the necessary changes.

Section 250.246 What mineral resource conservation information must 
accompany the DPP or DOCD.

    Comment: OOC recommends that the Central and Western GOM be 
specifically excluded.
    Response: MMS does not agree with this statement. This regulation 
should apply to all GOMR leases when a DPP, DOCD, or any supplemental 
plan is filed as required under the regulation. Subpart K (specifically 
Sec.  250.1107) requires a lessee to ``timely initiate enhanced oil and 
gas recovery operations for all competitive and non-competitive 
reservoirs where such operations would result in an increased ultimate 
recovery of oil or gas under sound engineering and economic 
principles.'' Therefore, lessees and operators should have considered 
enhanced recovery techniques as early as initial production. Since, by 
regulation, the submittal and approval of a DPP or DOCD is a 
requirement before the commencement of production, this is the proper 
place for this information to be reported.

Section 250.246(a) Technology and reservoir engineering practices and 
procedures.

    Comment: OOC recommends that this requirement be limited to 
engineering practices and procedures you propose to use in your DPP or 
DOCD.
    Response: MMS made the recommended change by replacing ``may'' with 
``will.'' The information provided for Sec. Sec.  250.246(a) and 
250.246(b) should depend upon the intent of the lessee or operator. If 
the lessee or operator intends to initiate recovery practices in 
conjunction with the onset of production, the lessee or operator should 
be very specific in responding to (a) and (b), since the lessee or 
operator has already evaluated the most efficient technique and plans 
to immediately put that particular technique into practice. However, if 
the lessee or operator does not propose using enhanced recovery 
practices at the onset of production, a general statement is needed 
explaining the methods considered and the reasons why they are not 
going to be used. The change accomplishes this.

Section 250.246(b) Technology and recovery practices and procedures.

    Comment: OOC recommends that this requirement be limited to 
technology and recovery practices and procedures you propose to use in 
your DPP or DOCD.
    Response: See comment for Sec.  250.246(a) above, and MMS' 
response.

Section 250.246(c) Reservoir development.

    Comment: OOC asks why this information is requested. The DOCD 
contains the development plan. MMS already has the well logs, etc.
    Response: No change. The information in the DOCD is compared to the 
CID for consistency and for additional data not required in the CID 
(e.g., activity schedules). The proposed well names, estimated field 
life and reserves, and the structure map with the target sand and 
designated boreholes are also checked to assure consistency with the 
CID. However, a CID is submitted only when any portion of a development 
project is in water depths greater than 400 meters (1,312 feet); 
therefore, this information must be submitted in the DOCD to assure 
that all leases are addressed. The Regional Supervisor is authorized to 
approve well locations and spacing programs necessary for proper 
reservoir development in leased areas. In approving or disapproving 
such projects, the Regional Supervisor gives consideration to, among 
other things, the geology and reservoir characteristics, completion 
techniques, the number of wells that can be economically drilled, 
optimum recovery of resources, minimization of environmental risk, the 
protection of correlative rights, and the drilling of unnecessary 
wells.

Section 250.247 What biological, physical, and socioeconomic 
information must accompany the DPP or DOCD.

    Comment: Florida recommends deleting ``if you obtain'' and 
replacing with ``you must obtain, if available.'' See comments on EP.
    Response: No change. See comment for Sec.  250.216.

Section 250.247(b) Physical environment reports.

    Comment: OOC notes that in the GOM, limited site-specific 
meteorological data (temperature, wind, etc.) may be collected, but not 
necessarily in any formal, organized, or scientific fashion. This data 
should not have to be submitted. Therefore, OOC recommends that this 
requirement be eliminated for the GOM. Similarly, OOC notes that 
limited physical oceanographic information may be collected, but not 
necessarily in any formal, organized, or scientific fashion. This data 
should not have to be submitted. Therefore, OOC recommends that this 
requirement be eliminated for the GOM.

[[Page 51490]]

    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany any DOCDs in the GOMR. In the Eastern Planning Area of the 
GOMR, a discussion of air and water quality in and adjacent to the 
proposed activities is required. Also for clarity, MMS replaced 
``archaeological information'' with ``archaeological reports if 
required under Sec.  250.194.''

Section 250.247(c) Socioeconomic study reports.

    Comment: Florida recommends adding ``included related onshore 
activities.''
    Response: MMS deleted ``regarding'' and added ``related to.''

Section 250.248(a) Projected wastes.

    Comment: OOC notes that providing the quantity of a waste either 
annually or monthly may be difficult to estimate. An appropriate unit 
of measure should be utilized (which could include on a per well or per 
person basis).
    Response: MMS made the recommended change by deleting ``annual or 
monthly.''
    Comment: OOC recommends that the chemical product wastes be limited 
to ``treating'' chemicals, not including housekeeping and similar 
chemical wastes.
    Response: No change. The information is needed for NEPA and CZMA 
purposes.
    Comment: Florida requests discussion of ``onshore'' plans for 
disposal.
    Response: No change. This information is contained in Sec.  
250.258(d).

Section 250.248(b) Projected ocean discharges.

    Comment: OOC asks for clarification of the term ``discharge 
method.''
    Response: Discharge methods include shunting through a downpipe, 
adding to a produced water stream, etc.

Section 250.248(c) National Pollutant Discharge Elimination System 
(NPDES) permit.

    Comment: OOC recommends that the GOM be specifically excluded from 
the requirement in (1).
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR. According to the NTL, this information is not required to 
accompany any DOCDs in the GOMR.

Section 250.248(e) Projected cooling water intake.

    Comment: OOC requests that this requirement be removed from the 
regulation. This is premature since EPA has not adopted final 
regulations pertaining to cooling water intake structures used for 
exploratory activities.
    Response: No change. See response to Sec.  250.217(e) above.

Section 250.249(a) Projected emissions.

    Comment: OOC notes that emission factors (EF) for PM<INF>10</INF> 
and PM<INF>2.5</INF> based upon natural gas fired units measured by 
conventional EPA methods are probably high by a factor of 10-50 based 
upon recent DOE/API studies. Current MMS-138 and MMS-139 use an EF of 
7.6 lbs of PM (Total) per 10<SUP>6</SUP> scf. (EP-42, Table 1.4-2, July 
1998). It is assumed that all the PM is less than 1.0 microns in 
diameter. Why speciate PM when EF are of such poor quality?
    Response: No change. Since the BOADS study and EPA's 2001 document 
use 7.6 pounds per MMCF, MMS will maintain this value. MMS will revise 
the emission factors once official updated values are available.
    Comment: For (2), OOC asks for a definition of a ``facility 
modification.''
    Response: MMS deleted ``For a facility modification'' and added 
clarifying language.
    Comment: For (4), OOC believes that utilizing the maximum rated 
capacity of the equipment is unrealistic. The projected emissions 
should be based on the proposed operational scenario for the proposed 
activities in the plan. What is considered to be the ``maximum 
throughput?'' In many cases, de-bottle-necking can occur to increase 
the ``maximum'' throughput.
    Response: No change. If the lessee or operator presents factors to 
justify emissions based on amounts less than maximum rated capacity, it 
can request that MMS grant a departure under Sec.  250.142. An example 
would be fuel certification reports. Maximum throughput may represent a 
value less than the maximum capacity and can be used as a basis for the 
estimate of projected emissions.

Section 250.250(a) Oil spill response planning.

    Comment: In (iii), OOC asks that since the OSROs are included in 
the regional OSRP, why do they have to be named in each DPP or DOCD?
    Response: No change. It is required by the States for CZMA 
consistency review.
    Comment: In (iv), OOC asks for the purpose of providing a 
comparison between the site-specific worst case discharge and that in 
the regional OSRP.
    Response: No change. This information is used by MMS as a 
streamlined means to ensure OPA 90 compliance. It is also required by 
the States for CZMA consistency review.

Section 250.252(a) Monitoring systems.

    Comment: OOC assumes that this requirement does not include wind, 
temperature, etc. that are commonly monitored on an informal basis.
    Response: No change. A monitoring plan might include this type of 
information.

Section 250.252(b) Flower Garden Banks National Marine Sanctuary.

    Comment: For clarity and completeness, OOC recommends that this 
language be moved to Sec.  250.219(c).
    Response: No change. This is not spill information, it is 
monitoring information.
    Comment: OOC asks for modification of ``a description of your 
provisions for monitoring the impacts of an oil spill on the 
environmentally sensitive resources at the Flower Garden Banks National 
Marine Sanctuary.''
    Response: MMS reworded this requirement for clarity.

Section 250.254 What mitigation measures information must accompany the 
DPP or DOCD.

    Comment: OOC notes that the language used seems to indicate that 
such measures will be utilized. They suggest the following language: 
``If you propose to use any measures beyond those required by the 
regulations in this part to minimize or mitigate environmental impacts 
from your proposed exploration (sic) activities, provide a description 
of the measures you will use in your DPP or DOCD.''
    Response: MMS agrees and made the recommended changes.

Section 250.255 What decommissioning information must accompany the DPP 
or DOCD.

    Comment: OOC questions the necessity of providing this information. 
Subpart Q contains the requirements for decommissioning. The Western 
and Central GOM should be specifically excluded.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying

[[Page 51491]]

NTL does make the change requested with respect to the GOMR.

Section 250.256 What related facilities and operations information must 
accompany the DPP or DOCD.

    Comment: OOC asks for a definition of ``directly related.''
    Response: A directly related facility or operation is one that is 
not a proposed activity in the DPP or DOCD, but which is necessary to 
conduct the activities proposed in the DPP or DOCD. ``Directly 
related'' encompasses wells, platforms, pipelines that carry production 
to either a transmission pipeline tie-in or processing hub, etc.

Section 250.256(a) OCS facilities and operations.

    Comment: For (1), OOC questions the necessity of this information 
since drilling units are typically not directly related to a specific 
project.
    Response: No change. While a drilling unit is in use, it is part of 
the facility.
    Comment: For (3), OOC notes that in many cases at the time the DOCD 
is filed, the operator may not know which specific ROW pipeline will be 
utilized. If the operator can identify the pipeline and the pipeline is 
operated by another company, then reference to a pipeline application 
or general information should be sufficient since the operator may not 
have the other specific information.
    Response: No change. The lessee or operator must provide the best 
available information at the time the DOCD or DPP is filed.
    Comment: For (4), OOC requests an explanation of the term ``other 
facilities and operations.''
    Response: No change. This term is used in the OCSLA and represents 
facilities not covered by Sec.  250.256(a)(1), (2), or (3).

Section 250.257(b) Air emissions.

    Comment: For clarity and completeness, OOC recommends that this 
requirement be moved to the air emission section in Sec.  250.218.
    Response: No change. The regulation is organized in a manner that 
addresses air emissions based on source. There is no one section that 
includes all air information requirements.
    Comment: OOC asks for clarification of the term ``offshore 
vehicle.''
    Response: An offshore vehicle is a vehicle that is capable of being 
driven on ice. See definition.

Section 250.257(c) Drilling fluids and chemical products 
transportation.

    Comment: OOC recommends that this requirement be specifically 
eliminated for the Western and Central GOM.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.257(d) Solid and liquid wastes transportation.

    Comment: OOC asks for the purpose of giving the reason for 
transportation--these are already classified as wastes.
    Response: MMS agrees and deleted ``reason for transportation.''
    Comment: OOC asks whether the destination being requested is the 
shore base or the ``final'' disposal, reuse, or recycling location. OOC 
suggests that it be considered the shore base. In many instances, the 
``final'' destination is not known, particularly for trash that is 
placed in a common bin at the shore base.
    Response: No change. The final destination is the place where the 
lessee or operator transfers the waste to an entity that receives, 
reuses, recycles, or disposes of the waste.
    Comment: OOC notes that the composition and quantities are 
estimates only and based on typical estimates from similar drilling 
operations. Also, the destination of the waste is based on pre-planning 
only and may change during the actual activities conducted under the 
DPP or DOCD.
    Response: MMS agrees that these are estimates.

Section 250.257(e) Vicinity map.

    Comment: OOC requests adding the word ``primary'' before 
``routes.'' In many cases, an alternate route may be taken depending on 
environmental conditions, visiting multiple platforms, etc.
    Response: MMS made the recommended change.

Section 250.258(a) General.

    Comment: OOC requests that pipeline terminals be eliminated from 
the example since they typically do not provide supply and service 
support.
    Response: MMS made the recommended change. Pipeline terminals are 
addressed under Sec.  250.256(b)(5).

Section 250.258(b) Air emissions.

    Comment: OOC recommends that DOCDs in areas westward of 87[deg]30' 
W. longitude in the GOM be specifically excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.258(c) Unusual solid and liquid wastes.

    Comment: OOC recommends that DOCDs in the GOM be specifically 
excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

Section 250.258(d) Waste disposal.

    Comment: For clarity and completeness, OOC suggests that this 
requirement be included with Sec.  250.224(d). Much of this information 
appears to be duplicative of that required in Sec.  250.224(d).
    Response: No change. The rule is organized in a manner that 
addresses wastes based on source. There is no one section that includes 
all waste information requirements. MMS assumed that OOC meant to refer 
back to Sec.  250.248(a), not Sec.  250.224(d), which relates to EPs.

Section 250.261(a) General requirements.

    Comment: OOC requests an explanation of how the requirements listed 
in Sec.  227(b) (sic) assist the Regional Supervisor in complying with 
NEPA and other relevant Federal laws.
    Response: No change. The Environmental Impact Analysis (EIA) 
assists MMS in each DPP and DOCD submittal to determine, based on the 
project-specific impact analysis provided by the lessee or operator for 
his project, if there is an exception to the DOI listing of categorical 
exclusions. The lessee or operator is in the best position to determine 
the environmental effects of his proposed activities based on whether 
they are routine or non-routine. The lessee or operator must be able to 
evaluate the nature and extent of any environmental implications of his 
proposed development and production activities.

Section 250.261(b) Resources, conditions, and activities.

    Comment: For (4), OOC requests a definition of ``critical 
habitat.''
    Response: The definition is the same as that found in the 
Endangered Species Act.
    Comment: For (7), OOC recommends that the GOM be specifically 
excluded from this requirement.
    Response: No change to the rule. The rule applies to all Regions 
and the commenter is requesting this change only in the GOMR. The 
accompanying NTL does make the change requested with respect to the 
GOMR.

[[Page 51492]]

Section 250.261(c) Environmental impacts.

    Comment: For (1), OOC recommends that the reference to cooling 
water intake structures be removed since EPA has not issued final 
regulations for these structures.
    Response: No change. See response to Sec.  250.217(e).
    Comment: For (5), OOC recommends that this requirement be 
eliminated. They see no value in describing alternatives that they 
considered and eliminated.
    Response: No change. Reviewing this information is valuable in 
completing the NEPA process.

Section 250.266(a) Determine whether deemed submitted.

    Comment: OOC asks the basis for increasing the timeframe from 20 
days to 25 days. They request that plans be deemed submitted within 20 
days.
    Response: No change. The additional working days are necessary 
because of increased review time as described in the preamble to the 
proposed rule (67 FR 35373).
    Comment: For (1), OOC requests an explanation of the term 
``sufficiently accurate.''
    Response: Sufficiently accurate means in a manner that is enough to 
meet the needs of a situation or proposed end.
    Comment: OOC requests that, when the plan has been ``deemed 
submitted'', the contact person be notified by fax, letter, or e-mail.
    Response: MMS made the recommended change. MMS will notify lessee 
or operator when the DPP or DOCD is deemed submitted.

Section 250.266(b) Identify problems and deficiencies.

    Comment: OOC asks when and how the Regional Supervisor will notify 
you that your plan has a deficiency. OOC suggests that the notification 
occur within the timeframe established in Sec.  250.231(a) [sic]. They 
request that the notification be made to the contact person by fax, 
letter, or e-mail.
    Response: MMS made the recommended change to provide a time frame 
for response. The method of notification will continue to be by phone, 
fax, letter, or e-mail.

Section 250.267(a) State, local government, CZMA consistency, and other 
reviews.

    Comment: OOC recommends that the timeframe be changed to 2 days to 
match the EP. There should be no differences in sending an EP or DPP or 
DOCD.
    Response: MMS made the recommended change.
    Comment: OOC recommends that in lieu of ``receipted'' mail, the 
public information copy be sent by ``overnight'' mail. They believe 
that the cost differential between receipted mail and overnight mail is 
not significant. If MMS believes the cost is prohibitive, then MMS may 
request the lessee or operator to provide a completed air bill at the 
lessee or operators' expense. Sending the public information copy by 
overnight mail will significantly speed up the CZMA process. 
Alternatively, if the operator provides a complete public information 
copy in an electronic format, it could be e-mailed.
    Response: MMS made changes to allow alternative methods.

Section 250.267(b) General public.

    Comment: OOC recommends that the timeframe be modified to 2 working 
days.
    Response: MMS made the recommended change.

Section 250.267(d) Amendments.

    As a result of its internal review of the proposed regulation, MMS 
added a sentence to clarify that some major amendments proposed by the 
operator may require a deemed submitted review.

Section 250.268(a) Governor.

    Comment: OOC requests that MMS consider establishing a timeframe in 
which the Regional Supervisor must explain in writing to the Governor 
the reasons for rejecting any of his or her recommendations.
    Response: No change. The explanation to the Governor of any 
affected State has no effect on the DPP or DOCD approval process and 
therefore is not time-critical.

Section 250.272(a) Amend or resubmit your DPP or DOCD.

    Comment: OOC notes that if MMS has approved the DPP or DOCD, then 
the plan would need to be revised, not amended.
    Response: No change. A revision applies to an approved plan. At 
this stage, there is no approved DPP or DOCD to revise.

Section 250.272(b) Appeal.

    Comment: For (2), OOC notes that if MMS has approved the DPP or 
DOCD, then the plan would need to be revised, not amended.
    Response: No change. A revision applies to an approved OCS plan. At 
this stage, there is no approved DPP or DOCD to revise.

Section 250.280(a) Compliance.

    Comment: OOC asks what constitutes a failure to comply. The plans 
are very detailed and in many cases the very specific information that 
is requested (such as waste disposal sites, details of discharges, 
etc.) may not be known in detail at the time the plan is submitted. 
Also, the information may change from time to time during the life of 
the proposed action.
    Response: No change. ``Failed to comply'' means that a lessee or 
operator is conducting operations under a plan, but one or more of the 
changed conditions listed in Sec.  250.283(a) has/have occurred and the 
lessee or operator has not revised the plan. The term also applies when 
the lessee or operator has not adhered to specified plan approval 
conditions.

Section 250.282 Do I have to conduct post-approval monitoring.

    Comment: Ms. Peeler states that the rule does not require 
monitoring.
    Response: No change. Contrary to the commenter's interpretation of 
the regulations, Section 250.282 requires monitoring.
    Comment: Ms. Peeler requests that MMS require cumulative 
environmental reports on each permitted activity.
    Response: No change. MMS ensures through various reports that 
permitted activities were conducted as approved in the plan.
    Comment: OOC recommends that if monitoring is required, it should 
be stated in the approval letter.
    Response: No change. If monitoring is required that is not 
otherwise required by regulation or lease stipulation, it will be in 
the approval letter.
    Comment: OOC asks about what kind of monitoring could be required.
    Response: No change. The type of monitoring will be determined 
case-by-case based on the need to determine the effectiveness of 
mitigation, but not to conduct environmental studies.
    Comment: OOC asks how long the data has to be retained.
    Response: Retention time will be specified in the approval letter.
    Comment: OOC asks what information will be held confidential.
    Response: No change. MMS will hold confidential any information 
that meets the criteria of 43 CFR 2.13(c) and the Freedom of 
Information Act (FOIA).

Section 250.282(b) Monitoring reports.

    Comment: OOC notes that the current regulation requires only that 
the data be submitted. To require the operator to analyze the 
information and submit the analysis to MMS goes well beyond the current 
regulation.

[[Page 51493]]

    Response: No change. MMS agrees that this paragraph may require 
information beyond that of the current regulations. The proposed rule 
allowed for the opportunity to comment on this increase. OOC did not 
recommend any specific changes to the proposed language.

Section 250.283(a) Revised OCS plans.

    Comment: For (1), OOC asks what changing the type of production 
facility means.
    Response: The rule now contains examples to provide clarification 
regarding what is meant by type of drilling rig and production 
facility.
    Comment: For (3), OOC asks what changing the type of production 
means. How much does the production rate or storage capacity have to 
increase before it is considered significant?
    Response: No change. The type of production refers to oil, gas, 
salt, and sulphur. The thresholds will be specified in an NTL.
    Comment: For (4), OOC recommends a change to ``exceeds the 
exemption limit.''
    Response: No change. The information is necessary to ensure 
compliance with the Clean Air Act (CAA) requirements.
    Comment: For (5), OOC asks how much the wastes have to change to be 
significant.
    Response: No change. The thresholds will be specified in an NTL.
    Comment: For (7), OOC recommends that this requirement be limited 
to using an onshore support base in another State.
    Response: MMS made the recommended change. MMS deleted ``change the 
onshore support base you are using'' and provided clarification.
    Comment: OOC states that (8) is overly broad.
    Response: No change. Regulations must be flexible enough to address 
evolving issues and concerns related to compliance with NEPA, CZMA, and 
other relevant laws.

Section 250.284(b) Significant changes in information or conditions.

    Comment: OOC states that this requirement is overly broad.
    Response: No change. MMS cannot anticipate, with complete 
certainty, the factors that would require a revision, and therefore 
must retain a certain degree of flexibility.

Section 250.288 When must I submit a DWOP.

    Comment: OOC notes that in many cases subsea production technology 
has become ``standard,'' and questions the value of providing a full 
DWOP for all subsea wells at all water depths.
    Response: No change. MMS still requires this information because 
there are too many variables, e.g., water depth, pore pressures, and 
reservoir characteristics, for MMS to not review each individual subsea 
technology proposed.
    Comment: OOC asks for clarification of the term ``any activity'' in 
proposed Sec.  250.288. In many cases, pre-engineering and fabrication 
may be initiated before the final project concept being selected. For 
example, fabrication of a subsea tree may be initiated before the well 
being drilled in anticipation that the well will be successful.
    Response: MMS made clarifications regarding when each part of a 
DWOP must be submitted. The final rule also clarifies which operations 
may not be undertaken before the respective parts are approved. MMS 
deleted the word ``activities'' and added a sentence in the rule at 
Sec.  250.290 that states ``You may not complete any production well or 
install the subsea wellhead and well safety control system (often 
called the tree) before MMS has approved the Conceptual Plan.''
    Comment: OOC recommends that this requirement should be that 
production is not initiated before the approval of a Deep Water 
Operations Plan (DWOP).
    Response: MMS has clarified the requirement that the DWOP be 
approved by MMS before you begin production. However, MMS is not 
suggesting that approval routinely will wait until just before the 
operator/lessee begins production. The DWOP is designed to address 
industry and MMS concerns by allowing a lessee or operator to know, 
well in advance of significant spending, that its proposed methods of 
dealing with situations not specifically addressed in the regulations 
are acceptable to MMS. This goal might not be accomplished if the 
lessee or operator makes major expenditures, such as installation of 
equipment on the seafloor, before the MMS approves the DWOP.
    Comment: OOC notes that the regulations do not address requirements 
for revising, updating, or amending a previously submitted and approved 
DWOP. This was specifically addressed within NTL No. 2000-N06, and OOC 
recommends that it similarly be addressed within this rulemaking.
    Response: MMS agrees and such provisions are now included in Sec.  
250.295.

Section 250.289 Why do I need to submit a DWOP.

    MMS deleted ``floating'' and ``systems or subsea equipment'' and 
modified the wording for further clarification, and to conform to 
changes made as a result of OOC's comment on proposed Sec.  250.288. 
See Sec.  250.286.

Section 250.290 What are the three parts of a DWOP.

    Comment: OOC comments under paragraph (a) ``Conceptual'' that it is 
unrealistic to expect operators to prepare a DWOP before selecting the 
development concept for the project. In many cases, preliminary 
engineering design will begin on one or more concepts before the 
operator actually selects the development concept for the project.
    Response: MMS made the recommended change. MMS needs only a general 
discussion or description at this point, and understands that more 
detailed engineering analysis may be conducted at a later date.
    Comment: Florida recommends under paragraph (b) ``Preliminary'' 
that preliminary DWOPs be sent for CZMA consistency review.
    Response: No change. There are no reasonably foreseeable impacts to 
the coastal zone or resources from a DWOP. Nor does a DWOP constitute a 
license or permit. The impacts and activities would be described in a 
DPP or DOCD, which are subject to CZMA consistency review.
    Comment: OOC comments under paragraph (b) ``Preliminary'' that the 
system design may not be completed before starting the procurement and 
fabrication of system elements due to project schedules requiring the 
procurement and fabrication of some long lead items. Also, the Regional 
Supervisor should have the ability to waive the requirement for a 
Preliminary DWOP in any water depth that is similar to projects 
previously approved or where designs have become ``standard'' or where 
regulations for a particular component have been adopted and 
alternative compliance is not needed.
    Response: MMS agrees. However, MMS still needs to review major 
safety components before purchase and installation. MMS deleted ``you 
may submit the Preliminary Part in several sections to suit the project 
schedule.''
    MMS made the recommended change. For previously approved subsea 
systems, the conceptual review and approval time periods may be 
combined with the DWOP.
    MMS made the recommended change. See response below for deletion of 
final part.

[[Page 51494]]

    Comment: Under paragraph (c) ``Final,'' OOC comments that submittal 
within 90 days of first production may be unrealistic. In many cases a 
well or wells may be brought on line to provide gas for the facility, 
etc. that may not represent the operating conditions when the facility 
is fully operating.
    Response: MMS deleted paragraph (c) ``Final'' to eliminate multiple 
submittals to both Region and District offices once production had 
commenced.

Section 250.291 What must the Conceptual Part of a DWOP contain.

    Comment: OOC notes that there are no details of what should be 
included for parts (a), (b) and (c). These details have been provided 
within NTL No. 2000-N06, and it is recommended that they similarly be 
placed within the regulation unless MMS intends to retain a NTL 
providing this level of detail.
    Response: Some of the details provided within NTL 2000-N06 were 
placed in the rule. See Sec.  250.289.

Section 250.296 When and why must I submit a CID.

    MMS rewrote the entire section to simplify and clarify the rules, 
as well as lighten the burden on the operator. MMS revised the title 
to: ``When and how must I submit a CID?'' MMS now requires you to 
submit one original and two copies of a CID to the appropriate OCS 
Region.

Section 250.296(a)(1).

    Comment: OOC asks for the meaning of ``activities.'' What is the 
basis for requiring CIDs for development projects that utilize 
structures other than conventional platforms in water depths greater 
than 400 meters, and what does the type of structure foundation have to 
do with MMS's need to verify the development of economically producible 
reserves?
    Response: We agree that the term ``activities'' was unclear and 
have deleted it. MMS made changes to the regulations requiring CIDs for 
all developments in water depths greater than 400 meters (1312 feet), 
regardless of the type of structure foundation. MMS deleted Sec.  
250.296(a)(1); its provisions are now covered under Sec.  250.297(a).

Section 250.296(a)(2).

    Comment: OOC requests an explanation of the meaning of 
``activities.'' The requirement that a CID be submitted and approved 
for any project using subsea technology is questioned. There are 
numerous instances where a subsea well is used to develop marginal 
reserves in as little as 150 feet of water. If there is only one zone 
to be produced, then a CID is superfluous and a burden on both the 
operator and MMS. If zones are to be commingled downhole, then the 
existing commingling approval process is adequate.
    Response: MMS deleted proposed Sec.  250.296(a)(2). MMS will review 
only those subsea developments located in water depths greater than 400 
meters (1,312 feet), see Sec.  250.296(a).

Section 250.296(b).

    Comment: OOC notes that in many cases, fabrication of a structure 
will begin as soon as a discovery has been made and a development 
concept selected. This may be long before the information for a CID is 
available to submit. To wait until the CID has been approved before 
proceeding with the project will lead to unreasonable cycle times and 
adversely affect project economics.
    Response: We agree with your comment. Fabrication of a structure is 
unrelated to CIDs. Therefore, operators may begin fabrication of a 
structure before CID approval. The CID is intended to ensure that all 
economically producible reservoirs penetrated by existing wells are 
developed. CIDs are submitted when an Initial or Supplemental DOCD or 
DPP is submitted. The DOCD/DPP approval will no longer be contingent on 
CID approval. However, production cannot commence until the operator 
receives CID approval.

Section 250.297 What information must a CID contain.

    Comment: OOC notes that in many cases, the development plan will 
include continued exploration in the area by the drilling of wells for 
reservoirs that have not been previously penetrated. How does this 
affect the CID process?
    Response: MMS addressed OOC's remaining concerns in revised Sec.  
250.297. Reservoirs that have not been penetrated by a well do not 
affect the CID process. CIDs are intended to ensure that all 
economically producible reservoirs penetrated by existing wells are 
developed.

Section 250.298 How do I submit a CID.

    Comment: OOC comments that this provision suggests that a CID 
submission is a one-time only occurrence and should be made after a 
field has been discovered and delineated sufficiently for the operator 
to select a development concept and sanction the project. Therefore, 
only limited wells may have been drilled and limited data obtained. 
They note that there is no requirement to update CID filings after 
further drilling has occurred, and they believe this is appropriate. 
However, this has not been MMS's practice. In several cases operators 
have filed CIDs immediately following discovery and concept selection 
and have been required to file subsequent plans based on continued 
exploratory and development drilling. If MMS expects filings before 
significant capital expenditures, then filing the CID with limited 
information should be acceptable.
    Response: MMS deleted the entire proposed section. This concern is 
covered in revised Sec. Sec.  250.296(a) and (b) and 250.297. CIDs are 
to be submitted when an Initial or Supplemental DOCD or a DPP is 
submitted. Revisions to the CID must be submitted when a decision is 
made not to develop a reservoir whose development was contemplated in 
the original CID. The CID process is not intended to be an ``evergreen 
process.'' Therefore, the existing exploratory and appraisal wells must 
be addressed in the CID. However, it is incumbent upon the operator to 
notify MMS of any wells that are drilled after the submittal of the CID 
and before the operator receives the final CID approval. MMS reserves 
the right to request additional data from wells reaching total depth 
during the evaluation period and we may suspend the 150-calendar-day 
time period.

Section 250.299 What decisions will MMS make on the CID.

    Comment: OOC recommends that disapproval should be limited to cases 
where the reservoirs already discovered are not adequately developed. 
If the CID or a portion of the CID is disapproved, MMS should present 
detailed support for its decision including economic justification that 
includes risk assessment consistent with the operators' established 
policies. OOC notes that there is no timeframe proposed for MMS to 
provide its written decision. Since timeframes have been established 
for decisions on EPs, DPPs, DOCDs, and all three phases of DWOPs, OOC 
believes this to be a serious oversight on the part of MMS. Since MMS's 
intent is to provide a written decision before the expenditure of 
significant capital, OOC believes MMS should provide its written 
decision within 90 calendar days of submittal. This is similar to the 
approval timeframe for the Preliminary DWOP, which is also intended to 
be approved before the significant expenditure of capital. Failure to 
establish a review/

[[Page 51495]]

approval timeframe has significantly affected project schedules. Permit 
applicants attempting to adhere to MMS's intent of approval receipt 
before significant capital expenditure will be unable to establish 
project timelines with undefined CID approval times. Further, they 
believe that in many cases MMS could expedite the approval of the CID 
to a four-week turn-around time if the operator meets with MMS with an 
oral presentation of the development plan and schedules a follow-up 
meeting to answer any questions that MMS has following its review.
    Response: MMS revised this section to provide a decision on the CID 
within 150 calendar days of receiving it; see Sec.  250.298. The 
revised section clarifies that MMS may suspend the 150-calendar-day 
evaluation period if there is missing, inconclusive, or inaccurate 
data. The regulations further clarify that the evaluation period will 
be suspended when the operator receives written notification from MMS 
describing the additional information needed. The evaluation period 
will resume once MMS receives the requested information.
    A 150-calendar-day time period is more realistic than the 90-day 
period proposed by OOC in that, upon receipt, the CID is placed in 
queue behind projects that have already been submitted. MMS believes 
this to be the most equitable approach for all operators. Although an 
oral presentation may assist in expediting the process due to an 
exchange of information, an independent evaluation by MMS is necessary. 
The 150-calendar-day time period will allow MMS to adequately address 
issues related to project complexity.

Discussion and Analysis of Comments to Draft NTL for the GOM OCS Region

    Comments received for the Gulf of Mexico OCS Region's NTL and MMS 
responses follow:

Proposed Activities (Sec.  250.211 and Sec.  250.241)

    (a) OCS Plan Information form.
    Comment: OOC states ``provisions should be made to give an anchor 
radius in lieu of the anchor locations.''
    Response: The OCS Plan Information Form, MMS-137, allows for 
providing anchor radius if specific anchor locations are not known.
    (b) Location.
    Comment: OOC requests consistency between APDs and the OCS Plan 
Information Form, MMS-137.
    Response: MMS is considering revising the APD form in the near 
future.
    Comment: OOC requests showing anchor touchdown points.
    Response: This information has been added to the OCS Plan 
Information Form.
    Comment: OOC questions the need for a map.
    Response: No change. The location map provides visual enhancement 
and is required for State CZMA consistency review.
    (c) Storage tanks and production vessels.
    Triggers in the proposed NTL have been deleted to ensure proper 
NEPA compliance. MMS needs a complete description of the impact 
producing factors (IPF) associated with the project and Environmental 
Impact Analysis (EIA) for each EP and DOCD.
    Comment: OOC recommends a threshold of 25 barrels.
    Response: MMS concurs with this threshold because it represents a 
typical tote tank volume in the western Gulf of Mexico.

General Information (Sec.  250.213 and Sec.  250.243)

    (b) Drilling fluids
    Comment: Florida requests chemical constituents of drilling fluids.
    Response: MMS agreed to Florida's request and added the provision 
to require this information.
    Comment: OOC requests that drill cuttings and disposal information 
be omitted.
    Response: Language regarding cuttings and disposal information has 
been deleted to be consistent with the rule.
    Comment: OOC requests deleting loading method.
    Response: MMS concurs and also deleted offloading method.
    (d) Oils characteristics.
    Comment: OOC points out that this data may not be available if well 
tests have not been performed.
    Response: The only time this information is required is for 
activities in the Eastern Planning Area, activities near the Flower 
Gardens Banks National Marine Sanctuary, and for new deepwater surface 
facilities. It is unlikely that new construction for facilities in 
these areas would proceed without the lessee or operator first 
conducting well tests or other evaluations.

Geological and Geophysical Information (Sec. Sec.  250.214 and 250.244)

    (a) Geological description.
    Comment: OOC notes that the GOMR requests the depth of geopressure; 
however, it is not in the rule or the NTL.
    Response: MMS will no longer request geopressure depth.
    (b) Structure contour maps.
    Comment: OOC recommends that approval to use an alternate scale not 
be necessary.
    Response: MMS must require a standardized scale. Otherwise, there 
would be variances in data submitted that could cause unnecessary 
delays in plan approval.
    (e) Shallow hazards report.
    Comment: OOC requests blanket approval for side scan sonar and 
magnetometer waivers in deepwater.
    Response: MMS does not currently grant blanket waivers, but NTL No. 
98-20 is currently under revision, and this will be considered.
    (i) Time vs. depth tables.
    Comment: OOC requests definition of ``no well control'' or 
provision to request this data on a case-by-case basis.
    Response: ``No well control'' means there is no well data on the 
seismic line.

Hydrogen Sulfide (H<INF>2</INF>S) Information (Sec.  250.215 and Sec.  
250.245)

    (d) Modeling report.
    Comment: OOC comments that the modeling report requirement differs 
from the rule.
    Response: No change. This provision is based on requirements in 
Sec.  250.490 and is consistent with the rule.

Biological, Physical, and Socioeconomic Information (Sec.  250.216 and 
Sec.  250.247)

    MMS has deleted the provision (paragraph (h)) to require a physical 
oceanographic statement for each plan. MMS gathers sufficient physical 
oceanographic data via its studies program, and these data are 
collected using established protocol. However, MMS may require physical 
oceanographic data on a case-by-case basis.
    (b) Topographic features plat.
    Comment: OOC recommends that this section apply to anchor 
placements near topographic features from any anchored drilling rig or 
anchor installation vessel.
    Response: Change made as recommended.
    (c) Topographic features statement (shunting).
    Comment: OOC suggests that this is needed only if you plan to 
dispose of your drilling fluids and cuttings by shunting.
    Response: MMS agrees.
    (d) Pinnacle trend report (Central Gulf of Mexico Planning Area).
    Comment: OOC requests an opportunity to review this NTL.
    Response: When appropriate, MMS provides review opportunities for 
NTLs before issuing them.
    (f) Remotely-operated vehicle (ROV) monitoring survey plan.

[[Page 51496]]

    Comment: OOC requests that EP approval letters specifically state 
that an ROV monitoring survey is required.
    Response: Approval letters will state that an ROV monitoring survey 
is required.

Waste and Discharge Information (250.217 and 250.248)

    Comment: OOC states that an application for an individual permit 
may not have been completed at the time the EP is filed. It points out 
that the requirement should be to either provide the permit at the time 
the EP is filed or when it is filed with EPA, whichever is later.
    Response: This information is not needed and has been deleted. 
However, the tables at Sec. Sec.  250.213(a) and 243(a) have been 
changed to include an example of the type of individual permits for 
which MMS requires filing or approval status of the Federal, State, and 
local application approvals or permits.
    (a) Projected wastes.
    Comment: OOC questions the value of the submittal of this redundant 
information.
    Response: No change. The information is not redundant and is 
required for NEPA and CZMA compliance.
    (c) Modeling report.
    MMS has changed the language to be consistent with the rule.

Air Emissions Information (250.218 and 250.249)

    (a) Emissions worksheets and screening questions.
    Comment: OOC asks if the Complex ID number is the basis for 
calculating complex total emissions.
    Response: No, the Complex ID number is not part of the 
consideration when determining whether facilities are co-located, which 
is the basis for determining complex emissions.
    Comment: OOC asks not to submit two sets of emissions data if 
Complex and Plan emissions are the same.
    Response: The NTL has been revised to clarify that only one set is 
required in this case.
    Comment: OOC states that for an EP, the use of the term ``Complex 
Total Emissions'' can lead to questions regarding aggregation. OOC 
refers to an EPA rule that was delayed over a similar question.
    Response: MMS clearly defined Complex Total Emissions to avoid 
confusion.
    Comment: In the first DOCD screening question, OOC wants 100% of 
the calculated amount in lieu of 90% to trigger a ``yes'' answer.
    Response: No change. The 10% margin of error allows room for 
mistakes that may put emissions over the exemption level.
    (b)(1) Summary information.
    Comment: OOC questions the need for summary information if the 
answer is ``No'' to all the questions.
    Response: No change. Answers to the screening questions are needed 
for the GOMR to determine if the spreadsheets need to be submitted for 
our review for accuracy. They are not designed to preclude the 
submission of the summarized information.
    (b)(2) Contact(s).
    Comment: OOC questions the need for the contact name for the 
spreadsheets.
    Response: No change. Supplying the contact will expedite GOMR 
review.
    (b)(3) Exception.
    Comment: OOC requests the definition of the circumstances under 
which the entire set of worksheets would be required regardless of 
response to screening questions.
    Response: No change. Screening and summary data are reviewed by the 
GOMR. If errors are detected or suspected in the summary or answers to 
screening questions, complete spreadsheets would likely be required. If 
the information is needed to address emissions or air quality impacts 
as part of an environmental assessment prepared under the NEPA, 
spreadsheets or other air quality information may be required. In 
addition, air quality information can be required if it is determined 
necessary under Sec.  250.303(j).
    (c)(3)(renumbered (d)(1)) Emission reduction measures.
    Comment: OOC questions limiting the use of fuel certification to 
only existing co-located facilities.
    Response: MMS does not want to limit the use and has deleted this 
provision.
    Comment: OOC questions if providing the amount of reduction is 
meaningful since this is a theoretical calculated number.
    Response: Without stack tests, all values are theoretical and 
calculated, so the amount of reduction is as valid as the other 
estimated values.
    (c)(4)(renumbered (d)(2)) Verification of nondefault emission 
factors.
    Comment: OOC asks if it is necessary to provide information on an 
actual factor if it is greater than the default value.
    Response: Since the actual value is more accurate than the average 
(default) value, no verification of the actual value is required.

Oil Spills Information (250.219 and 250.250)

    (a)(2)(i) Regional OSRP information.
    Comment: OOC asks why lessees and operators must repeat this 
information since it is already in the OSRP.
    Response: This requirement has been changed to eliminate the list 
of companies covered.
    (a)(2)(iv) Worst-case scenario determination.
    Comment: OOC questions the need for a worst-case discharge scenario 
comparison and suggests that simply making the statements should 
suffice.
    Response: No change. This information is necessary for NEPA and 
CZMA purposes and for MMS to determine if an OCS plan complies with OPA 
90.
    (c) Modeling report.
    Comment: OOC requests the opportunity to comment on the referenced 
NTL.
    Response: The reference to an NTL has been deleted. No NTL will be 
issued.

Related Facilities and Operations Information (250.256)

    (a) Related OCS facilities and operations.
    Comment: OOC comments that lessees and operators may not have 
information on related facilities and final product destination or 
transportation at the time of filing.
    Response: If all the information is not available at the time the 
plan is filed, lessees and operators must provide the best available 
information.
    (b) Transportation system.
    Comment: OOC comments that lessees and operators may not have 
information on related facilities and final product destination or 
transportation at the time of filing.
    Response: If all the information is not available at the time the 
plan is filed, lessees and operators must provide the best available 
information. MMS revised Sec.  250.256 to reflect this.
    (c) Produced liquid hydrocarbons transportation vessels.
    Comment: OOC asks for clarification on the average volume to be 
loaded.
    Response: A change to the table was made to provide such 
clarification.

Support Vessel and Aircraft Information (250.224 and 250.257)

    (a) General.
    Comment: OOC asks if information regarding the class of support 
vessels can be furnished if information on the specific vessel is not 
known.
    Response: Yes. A change was made to accommodate such occurrences. 
Also,

[[Page 51497]]

triggers for this table have been deleted since the information is 
needed by the GOMR for proper NEPA compliance and provides a complete 
description of the impact-producing factors associated with the project 
and EIA.
    (b) Diesel oil supply vessels.
    Comment: OOC comments that diesel oils for fuel and non-fuel uses 
are not supplied differently.
    Response: No change. The table does not require such a distinction. 
If you know that a particular vessel will transfer diesel oil only for 
purposes other than fuel usage, make sure that vessel is included in 
the table.
    (d) Solid and liquid wastes transportation.
    Comment: OOC asks whether this information needs to be submitted 
for all waste streams or only for those affected by the new technology.
    Response: Provide complete information for all waste streams.

Onshore Support Facilities Information (250.225 and 250.258)

    (b) Support base construction or expansion.
    Comment: OOC questions what constitutes a ``major'' addition.
    Response: If the proposed activities will directly result in a base 
expansion, provide the required information. MMS revised the NTL to 
make this clarification.
    (d) Waste disposal.
    Comment: OOC states that the disposal site may not be known or it 
may change from time to time.
    Response: Provide the best available information.
    Comment: OOC questions if waste being disposed of in Louisiana 
makes it an affected State.
    Response: No, unless the waste disposal site is in Louisiana's 
coastal zone.
    Comment: OOC asks if the disposal site must be in the coastal zone 
to make the State of Louisiana an affected State.
    Response: Yes.

Coastal Zone Management Act (CZMA) Information (250.226 and 250.260)

    (b) Other information.
    Comment: OOC requests the correct regulatory citation.
    Response: No change. The correct citation is already provided.

Environmental Impact Analysis (EIA) (250.227 and 250.261)

    MMS has replaced the proposed EIA Matrix with an improved approach, 
based on the requirements in the proposed rule and in consideration of 
all comments received, including those received at the subpart B 
workshop.
    Comment: OOC recommends excluding the EIA in revised and 
supplemental plans.
    Response: The EIA will only be required for revised plans if the 
impacts are different from those of the original EIA. The EIA is 
required for all supplemental plans because the additional activities 
will likely produce additional impacts.
    (c) Impact analysis.
    Comment: OOC questions what happens if MMS disagrees with the 
operators Impact Producing Factor (IPF) identification.
    Response: MMS will conduct an independent IPF identification to 
comply with NEPA. Lessee or operator input can provide invaluable 
assistance to MMS in this process. If a particularly important or 
unusual IPF, resource, or impact is not addressed or is not correct, 
the MMS may require the lessee or operator to provide the proper 
information. MMS revised the NTL to make this clarification.
    (d) (renumbered(e)) Alternatives.
    Comment: OOC comments that this should be eliminated.
    Response: No change. For DOCDs, alternatives are an integral part 
of the NEPA process that allows an agency to determine that the best 
alternative is ultimately approved.
    (g) (renumbered (i)) References.
    Comment: OOC states that it is impossible to not tier off existing 
EISs, or EAs, or other NEPA documents.
    Response: In the EIA, a lessee or operator may summarize and 
incorporate documents by reference if they contain information that is 
related to the proposed activities.

Administrative Information (250.228 and 250.262)

    (a) Exempted information description (public information copies 
only).
    Comment: OOC asks, ``Why is this needed and what will it be used 
for?'
    Response: This information is required so that all reviewers and 
the MMS decision maker sufficiently understand the proposed action and 
any accompanying information.
    (b) Bibliography.
    Comment: OOC questions the requirement that all plans be listed.
    Response: No change. The MMS Internet website contains a listing of 
previously submitted plans, but only the plan submitter can know which 
of the plans on the list are referenced in the plan.

Procedural Matters

Regulatory Planning and Review (Executive Order 12866)

    This rule is not a significant rule under Executive Order 12866. 
The Office of Management and Budget (OMB) has determined that it is not 
a significant rule and will not review the rule.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. The major purpose for the rule is the restructuring of the 
existing rule and clarifying the regulatory language. The restructuring 
and plain-language revisions will not result in any economic effects to 
small or large entities. Some of the technical revisions will have a 
minor economic effect on lessees and operators with respect to the 
paperwork requirements. Although we estimate a total annual paperwork 
burden of 267,880 hours for all entities; this includes an actual 
increase of only 7,510 hours. Using a standard hourly cost of $50 to 
determine the paperwork burden, the increase would be $375,500. Based 
on 130 lessees/operators, the average increase is approximately $2,900 
per entity from the current regulations. These costs will not cause an 
annual effect on the economy of $100 million or more.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
does not affect how lessees or operators interact with other agencies. 
Nor does this rule affect how MMS will interact with other agencies.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. The rule only addresses the requirements and 
processes for submitting various plans and documents for MMS review and 
approval before a lessee or operator may explore, develop, or produce 
oil and gas in the OCS.
    (4) This rule does not raise novel legal or policy issues. The rule 
involves a new policy--that of requiring a written notice to MMS before 
a lessee or operator begins certain ancillary activities, but the new 
policy decision is not ``novel.'' Under our existing regulations at 30 
CFR part 251, MMS requires an application for a permit or the filing of 
a notice before allowing certain types of off-lease G&G activities. The 
new requirement in the rule would

[[Page 51498]]

enable MMS to better ensure safe use and environmental protection of 
the OCS and be aware of significant sets of valuable data that could 
and should be incorporated into MMS analyses and MMS-funded studies.

Regulatory Flexibility Act (RFA)

    The DOI certifies that this rule does not have a significant 
economic effect on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.). This rule applies to all lessees and operators 
that conduct activities on the OCS. Small lessees and operators that 
conduct activities under this rule would fall under the Small Business 
Administration's (SBA) North American Industry Classification System 
Codes 211111, Crude Petroleum and Natural Gas Extraction and 213111, 
Drilling Oil and Gas Wells. Under these codes, SBA considers all 
companies with fewer than 500 employees to be a small business. MMS 
estimates that of the 130 lessees and operators that explore for and 
produce oil and gas on the OCS, approximately 90 are small businesses 
(70 percent).
    The primary economic effect of the revised subpart B on small 
businesses is the cost associated with information collection 
activities. The rule is a plain-language rewrite of 30 CFR part 250, 
subpart B, and contains virtually the same reporting and recordkeeping 
requirements and attendant costs as the current regulations. The 
changes in reporting requirements do not significantly increase the 
information collection burden on respondents--large or small. MMS 
estimates an annual increase of 7,510 hours in the paperwork burden 
from that imposed by the current regulations. Using a standard hourly 
cost of $50, this represents a cost burden increase of $375,500. The 
following is a breakdown of the paperwork cost burden associated with 
the new or expanded requirements:
    <bullet> Respondents may be required to submit a report that 
summarizes and analyzes information obtained or derived from ancillary 
activities. MMS estimates the burden would only be to provide MMS 
copies of the company documentation and report and would be 1 hour or 
$50 per report. MMS estimates 20 reports annually, for a cost burden 
increase of $1,000.
    <bullet> MMS estimates the overall average burden of preparing and 
submitting an OCS plan (EP, DPP, or DOCD) to increase by approximately 
20 hours or $1,000 per plan. MMS estimates 260 EPs and 100 DPPs or 
DOCDs, for a total of 360 plans or an annual cost burden increase of 
$360,000.
    <bullet> Respondents may be required to submit monitoring plans for 
approval before beginning work. MMS estimates plan submission to take 1 
hour or $50 per plan. MMS estimates 30 plans annually, for a cost 
burden increase of $1,500.
    <bullet> Respondents may be required to retain copies of all 
monitoring data obtained or derived from monitoring programs. The 
burden would only be to make the information available to MMS. MMS 
estimated a burden of 2 hours or $100 annually per respondent and the 
number of respondents to be 130. The estimated annual cost burden 
increase would be $13,000.
    Adding the increased paperwork cost burden amounts, we have a total 
of $375,500. ($1,000 + $360,000 + $1,500 + $13,000 = $375,500.) Thus, 
based on 130 lessees/operators, the average increase is $2,900, for 
both large and small entities.
    As discussed above, MMS does not believe that this rule will have a 
significant impact on the lessees or operators who explore for and 
produce oil and gas on the OCS, including those that are classified as 
small businesses.
    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 MMS, call 1-888-REG-
FAIR (1-888-734-3247). You may comment to the Small Business 
Administration without fear of retaliation. Disciplinary action for 
retaliation by an MMS employee may include suspension or termination 
from employment with the DOI.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under the SBREFA, (5 U.S.C. 804(2)). 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. As described above, MMS estimates an annual increase of $2,900 
per respondent. These costs will not cause an annual effect on the 
economy of $100 million or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The minor increase in cost will not 
change the way the oil and gas industry conducts business, nor will it 
affect regional oil and gas prices; therefore, it will not cause major 
cost increases for consumers, the oil and gas industry, or any 
Government agencies.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or ability of United 
States-based enterprises to compete with foreign-based enterprises. All 
lessees and operators, regardless of nationality, must comply with the 
requirements of this rule. The rule will not affect competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

Paperwork Reduction Act (PRA) of 1995

    This rule contains a collection of information that was submitted 
to OMB for review and approval under Section 3507(d) of the PRA. OMB 
approved the collection of information for this rule under the title 
``30 CFR part 250, Subpart B--Plans and Information'' (OMB control 
number 1010-0151). When the rule becomes effective, this collection 
will supersede the collection for current subpart B requirements under 
OMB control number 1010-0049. 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 
number. Respondents include approximately 130 Federal OCS oil and gas 
or sulphur lessees and operators. The frequency of response is on 
occasion. Responses to this collection of information are mandatory. 
MMS will protect proprietary information according to the FOIA and 30 
CFR 250.196, ``Data and information to be made available to the 
public.''
    MMS analyzes and evaluates the information submitted under subpart 
B to ensure that planned operations are safe; will not adversely affect 
the marine, coastal, or human environment and will conserve the 
resources of the OCS.
    The information collection requirements in these final subpart B 
regulations remain unchanged from the proposed rule, and represent only 
a few changes from the subpart B regulations currently in effect that 
this rule will supersede. The following details those changes.
    Section 250.208--Ancillary Activities Notice. Before beginning 
certain ``ancillary'' activities, respondents must notify MMS. 
Currently respondents notify MMS of certain types of ``preliminary'' 
activities. The rule revises the procedures to include notifying MMS of 
``ancillary activities'' both before and after submitting a plan. The 
rule also incorporates current NTL

[[Page 51499]]

procedures that may require respondents to notify other users of the 
OCS before conducting ancillary activities. However, the burden for 
these notifications was included under the subpart B information 
collection approval for regulations currently in place. Therefore, the 
new regulations will not impose any additional burden (no change).
    Section 250.210(a)--Ancillary Activities Report. Respondents may be 
required to submit a report that summarizes and analyzes information 
obtained or derived from ancillary activities. Although this is a new 
reporting requirement, lessees and operators conducting ancillary 
activities prepare their own internal reports to document the results 
of these activities in the normal course of doing business. MMS 
estimates that the only burden would be to provide MMS copies of the 
company documentation and report (1 hour per report over current 
estimated burden hours).
    Section 250.210(b)--Ancillary Activities Recordkeeping. The rule 
incorporates records retention specified in current NTLs for all survey 
and study information, and for data obtained or derived from ancillary 
activities (preliminary activities), including information from 
previous leaseholders or unit operators. The burden for this 
recordkeeping activity was approved under the subpart B information 
collection approval for the regulations currently in effect. Therefore, 
the new regulations will not impose any additional burden (no change).
    Sections 250.211 through 250.228 and Sec. Sec.  250.241 through 
250.262--Contents of EPs, DPPs, or DOCDs.
    The average paperwork burden for submitting a plan includes 
furnishing all of the information required in the plan, as well as the 
supporting detail (i.e., surveys, reports, studies, conservation 
information, forms used in the GOMR, etc.). The final rule simply 
incorporates much of the information now detailed in NTLs, and imposes 
few new changes to the information currently submitted in the plans and 
accompanying information. The rule will have minimal impact on the 
overall average burden of submitting a plan (additional 20 hours per 
plan).
    Section 250.282--Monitoring Recordkeeping.
    Respondents may be required to retain copies of all monitoring data 
obtained or derived from monitoring programs. As with recordkeeping for 
ancillary activities, respondents would retain this information in the 
normal course of business. The only burden would be to make the 
information available to MMS, if requested (2 hours annually per 
respondent).
    Section 250.282(a)--Monitoring Plans. Respondents may be required 
to submit monitoring plans for approval before beginning work (1 hour 
per plan).
    Section 250.286 through Sec.  250.299--DWOPs and CIDs. These 
requirements are now detailed in NTLs and the rule simply incorporates 
them into the regulations. The burden for submitting the information 
was approved under the subpart B 30 CFR 250 Sec. Sec.  286-299 
information collection approval for regulations currently in effect. 
Therefore, the new regulations will not impose an additional burden (no 
change).
    OMB approved a total of 267,880 hours for this collection; the 
chart below details the information collection requirements for the 
rulemaking.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                                         Annual
 Citation 30 CFR 250 subpart B      Reporting & recordkeeping      Hour burden per    Average annual     burden
                                           requirement               requirement          number         hours
----------------------------------------------------------------------------------------------------------------
200 through 206...............  General requirements for plans       Burden included with specific             0
                                 and information.                          requirements below.
208...........................  Notify MMS and other users of     10...............  20 notices......        200
                                 the OCS before conducting
                                 ancillary activities.
210(a) [New]..................  Submit report summarizing and     1................  20 reports......         20
                                 analyzing data/information
                                 obtained or derived from
                                 ancillary activities.
210(b)........................  Retain ancillary activities data/ 2................  130                     260
                                 information.                                         recordkeepers.
211 through 228 [Expanded]....  Submit EP and accompanying        600..............  260 plans.......    156,000
                                 information (including forms
                                 MMS-137, MMS-138, MMS-142 used
                                 in GOMR) and provide
                                 notifications.
232(d); 234; 235(a);            Submit amended, modified,         80...............  180 changed          14,400
 281(d)(3); 283; 284; 285.       revised, or supplemental EP, or                      plans.
                                 resubmit disapproved EP.
241 through 262 [Expanded]....  Submit DPP or DOCD and            600..............  100 plans.......     60,000
                                 accompanying information
                                 (including forms MMS-137, MMS-
                                 139, MMS-142 used in GOMR) and
                                 provide notifications.
267(d); 272(a); 273, 283; 284;  Submit amended, modified,         82...............  215 changed          17,630
 285.                            revised, or supplemental DPP or                      plans.
                                 DOCD, or resubmit disapproved
                                 DPP or DOCD.
269(b)........................  Submit information on             2................  10 responses....         20
                                 preliminary plans for leases or
                                 units in vicinity of proposed
                                 development and production
                                 activities.
281(a)........................  Submit various applications and     Burden included under appropriate          0
                                 permits.                           subpart or form (1010-0044; 1010-
                                                                      0059; 1010-0149; 1010-0050).
282 [New].....................  Retain monitoring data/           2................  130                     260
                                 information.                                         recordkeepers.
282(a) [New]..................  Submit monitoring plans.........  1................  30 plans........         30
282(b)........................  Submit monitoring reports and     6................  30 reports......        180
                                 data (including form MMS-141
                                 used in the GOMR).
286 through 295...............  Submit DWOP.....................  580..............  17 plans........      9,860
296 through 299...............  Submit CID......................  300..............  30 documents....      9,000
200 through 299...............  General departure and             2................  10 requests.....         20
                                 alternative compliance requests
                                 not specifically covered
                                 elsewhere in subpart B
                                 regulations.
-------------------------------
    Total Burden..............  ................................  .................  1,182...........    267,880
----------------------------------------------------------------------------------------------------------------


[[Page 51500]]

    Please submit any comments concerning these burden estimates to MMS 
at the following:
    <bullet> E-mail MMS at <a href="/cdn-cgi/l/email-protection#5426213831277a373b3939313a2027143939277a333b22"><span class="__cf_email__" data-cfemail="97e5e2fbf2e4b9f4f8fafaf2f9e3e4d7fafae4b9f0f8e1">[email protected]</span></a>. Use 1010-AC47 in the 
subject line.
    <bullet> Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Rules Processing Team 
(RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please 
reference ``Plans and Information--AC47'' in your comments.

Federalism (Executive Order 13132)

    According to Executive Order 13132, this rule does not have 
federalism implications. This rule does not substantially and directly 
affect the relationship between the Federal and State governments. The 
rule applies to lessees and operators that conduct activities on the 
OCS. This rule does not impose costs on States or localities. Any costs 
will be the responsibility of the lessees and operators.

Takings Implication Assessment (Executive Order 12630)

    According to Executive Order 12630, this rule does not have 
significant Takings implications. A Takings Implication Assessment is 
not required. The rule revises existing regulations. It does not 
prevent any lessee or operator from performing operations on the OCS, 
provided they follow the regulations. Thus, MMS did not need to prepare 
a Takings Implication Assessment according to Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Energy Supply, Distribution, or Use (Executive Order 13211)

    We have evaluated the rule in accordance with Executive Order 13211 
and have determined that this rule does not have a significant effect 
on energy supply, distribution, or use because the major purpose for 
this rule is the restructuring of the rule and clarifying regulatory 
language. The rule addresses the requirements and processes for 
submitting various plans and documents for MMS approval before a lessee 
or operator may explore, develop, or produce oil and gas in the OCS and 
contains virtually all the same reporting and recordkeeping 
requirements and attendant costs as the current regulations. There are 
a few new or expanded areas that have been incorporated. Therefore, 
this action is not a significant energy action, and no Statement of 
Energy Effects is required.

Civil Justice Reform (Executive Order 12988)

    According to Executive Order 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and does meet the requirements of Sections 3(a) and 3(b)(2) of the 
Order.

National Environmental Policy Act

    The rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. An environmental impact 
statement is not required.

Unfunded Mandates Reform Act (UMRA) of 1995 (Executive Order 12866)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have any Federal mandates; nor does the rule 
have a significant or unique effect on State, local, or tribal 
governments or the private sector. A statement containing the 
information required by the UMRA (2 U.S.C. 1531 et seq.) is not 
required.

List of Subjects in 30 CFR Parts 250 and 282

    Environmental impact statements, Environmental protection, 
Government contracts, Incorporation by reference, Investigations, 
Mineral royalties, Oil and gas development and production, Oil and gas 
exploration, Oil and gas reserves, Outer continental shelf, Penalties, 
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and 
production, Sulphur exploration, Surety bonds.

    Dated: August 5, 2005.
Chad Calvert,
Acting Assistant Secretary--Land and Minerals Management.

0
For reasons stated in the preamble, the Minerals Management Service 
(MMS) amends 30 CFR parts 250 and 282 as follows:

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

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

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


Sec.  250.102  [Amended]

0
2. In Sec.  250.102(b), amend the table as follows:
0
a. In paragraph (b)(2), the citation ``250.204'' is revised to read 
``250.241 through 250.262''.
0
b. In paragraph (b)(4), the citation ``250.203'' is revised to read 
``250.211 through 250.228''.

0
3. In Sec.  250.105, the following definitions are added alphabetically 
to read as follows:


Sec.  250.105  Definitions.

* * * * *
    Ancillary activities means those activities on your lease or unit 
that you:
    (1) Conduct to obtain data and information to ensure proper 
exploration or development of your lease or unit; and
    (2) Can conduct without MMS approval of an application or permit.
* * * * *
    Development geological and geophysical (G&G) activities means those 
G&G and related data-gathering activities on your lease or unit that 
you conduct following discovery of oil, gas, or sulphur in paying 
quantities to detect or imply the presence of oil, gas, or sulphur in 
commercial quantities.
* * * * *
    Geological and geophysical (G&G) explorations means those G&G 
surveys on your lease or unit that use seismic reflection, seismic 
refraction, magnetic, gravity, gas sniffers, coring, or other systems 
to detect or imply the presence of oil, gas, or sulphur in commercial 
quantities.
* * * * *
    Prospect means a geologic feature having the potential for mineral 
deposits.
* * * * *

0
4. In Sec.  250.199, in paragraph (e), the heading of the first column, 
and paragraph (e)(2) are revised to read as follows:


Sec.  250.199  Paperwork Reduction Act statements--information 
collection.

* * * * *
    (e) * * *

------------------------------------------------------------------------
 30 CFR 250 supbart/title (OMB control        Reasons for collecting
       number) and related forms             information and how used
------------------------------------------------------------------------
 

[[Page 51501]]

 
                              * * * * * * *
(2) Subpart B, Plans and Information     To inform MMS, States, and the
 (1010-0151), including the following     public of planned exploration,
 forms:                                   development, and production
                                          operations on the OCS. To
                                          ensure that operations on the
                                          OCS are planned to comply with
                                          statutory and regulatory
                                          requirements, will be safe and
                                          protect the human, marine, and
                                          coastal environment, and will
                                          result in diligent
                                          exploration, development, and
                                          production of leases.
    MMS-137, OCS Plan Information Form.
    MMS-138, Gulf of Mexico Air
     Emissions.
Calculations for EPs:
    MMS-139, Gulf of Mexico Air
     Emissions.
Calculations for DOCDs:
    MMS-141, ROV Survey Report.........
    MMS-142, Environmental Impact
     Analysis Worksheet.
 
                              * * * * * * *
------------------------------------------------------------------------


0
5. Subpart B is revised to read as follows:

Subpart B--Plans and Information

General Information

Sec.
250.200 Definitions.
250.201 What plans and information must I submit before I conduct 
any activities on my lease or unit?
250.202 What criteria must the Exploration Plan (EP), Development 
and Production Plan (DPP), or Development Operations Coordination 
Document (DOCD) meet?
250.203 Where can wells be located under an EP, DPP, or DOCD?
250.204 How must I protect the rights of the Federal government?
250.205 Are there special requirements if my well affects an 
adjacent property?
250.206 How do I submit the EP, DPP, or DOCD?

Ancillary Activities

250.207 What ancillary activities may I conduct?
250.208 If I conduct ancillary activities, what notices must I 
provide?
250.209 What is the MMS review process for the notice?
250.210 If I conduct ancillary activities, what reporting and data/
information retention requirements must I satisfy?

Contents of Exploration Plans (EP)

250.211 What must the EP include?
250.212 What information must accompany the EP?
250.213 What general information must accompany the EP?
250.214 What geological and geophysical (G&G) information must 
accompany the EP?
250.215 What hydrogen sulfide (H<INF>2</INF>S) information must 
accompany the EP?
250.216 What biological, physical, and socioeconomic information 
must accompany the EP?
250.217 What solid and liquid wastes and discharges information and 
cooling water intake information must accompany the EP?
250.218 What air emissions information must accompany the EP?
250.219 What oil and hazardous substance spills information must 
accompany the EP?
250.220 If I propose activities in the Alaska OCS Region, what 
planning information must accompany the EP?
250.221 What environmental monitoring information must accompany the 
EP?
250.222 What lease stipulations information must accompany the EP?
250.223 What mitigation measures information must accompany the EP?
250.224 What information on support vessels, offshore vehicles, and 
aircraft you will use must accompany the EP?
250.225 What information on the onshore support facilities you will 
use must accompany the EP?
250.226 What Coastal Zone Management Act (CZMA) information must 
accompany the EP?
250.227 What environmental impact analysis (EIA) information must 
accompany the EP?
250.228 What administrative information must accompany the EP?

Review and Decision Process for the EP

250.231 After receiving the EP, what will MMS do?
250.232 What actions will MMS take after the EP is deemed submitted?
250.233 What decisions will MMS make on the EP and within what 
timeframe?
250.234 How do I submit a modified EP or resubmit a disapproved EP, 
and when will MMS make a decision?
250.235 If a State objects to the EP's coastal zone consistency 
certification, what can I do?

Contents of Development and Production Plans (DPP) and Development 
Operations Coordination Documents (DOCD)

250.241 What must the DPP or DOCD include?
250.242 What information must accompany the DPP or DOCD?
250.243 What general information must accompany the DPP or DOCD?
250.244 What geological and geophysical (G&G) information must 
accompany the DPP or DOCD?
250.245 What hydrogen sulfide (H<INF>2</INF>S) information must 
accompany the DPP or DOCD?
250.246 What mineral resource conservation information must 
accompany the DPP or DOCD?
250.247 What biological, physical, and socioeconomic information 
must accompany the DPP or DOCD?
250.248 What solid and liquid wastes and discharges information and 
cooling water intake information must accompany the DPP or DOCD?
250.249 What air emissions information must accompany the DPP or 
DOCD?
250.250 What oil and hazardous substance spills information must 
accompany the DPP or DOCD?
250.251 If I propose activities in the Alaska OCS Region, what 
planning information must accompany the DPP?
250.252 What environmental monitoring information must accompany the 
DPP or DOCD?
250.253 What lease stipulations information must accompany the DPP 
or DOCD?
250.254 What mitigation measures information must accompany the DPP 
or DOCD?
250.255 What decommissioning information must accompany the DPP or 
DOCD?
250.256 What related facilities and operations information must 
accompany the DPP or DOCD?
250.257 What information on the support vessels, offshore vehicles, 
and aircraft you will use must accompany the DPP or DOCD?
250.258 What information on the onshore support facilities you will 
use must accompany the DPP or DOCD?
250.259 What sulphur operations information must accompany the DPP 
or DOCD?
250.260 What Coastal Zone Management Act (CZMA) information must 
accompany the DPP or DOCD?
250.261 What environmental impact analysis (EIA) information must 
accompany the DPP or DOCD?
250.262 What administrative information must accompany the DPP or 
DOCD?

Review and Decision Process for the DPP or DOCD

250.266 After receiving the DPP or DOCD, what will MMS do?

[[Page 51502]]

250.267 What actions will MMS take after the DPP or DOCD is deemed 
submitted?
250.268 How does MMS respond to recommendations?
250.269 How will MMS evaluate the environmental impacts of the DPP 
or DOCD?
250.270 What decisions will MMS make on the DPP or DOCD and within 
what timeframe?
250.271 For what reasons will MMS disapprove the DPP or DOCD?
250.272 If a State objects to the DPP's or DOCD's coastal zone 
consistency certification, what can I do?
250.273 How do I submit a modified DPP or DOCD or resubmit a 
disapproved DPP or DOCD?

Post-Approval Requirements for the EP, DPP, and DOCD

250.280 How must I conduct activities under the approved EP, DPP, or 
DOCD?
250.281 What must I do to conduct activities under the approved EP, 
DPP, or DOCD?
250.282 Do I have to conduct post-approval monitoring?
250.283 When must I revise or supplement the approved EP, DPP, or 
DOCD?
250.284 How will MMS require revisions to the approved EP, DPP, or 
DOCD?
250.285 How do I submit revised and supplemental EPs, DPPs, or 
DOCDs?

Deepwater Operations Plans (DWOP)

250.286 What is a DWOP?
250.287 For what development projects must I submit a DWOP?
250.288 When and how must I submit the Conceptual Plan?
250.289 What must the Conceptual Plan contain?
250.290 What operations require approval of the Conceptual Plan?
250.291 When and how must I submit the DWOP?
250.292 What must the DWOP contain?
250.293 What operations require approval of the DWOP?
250.294 May I combine the Conceptual Plan and the DWOP?
250.295 When must I revise my DWOP?

Conservation Information Documents (CID)

250.296 When and how must I submit a CID or a revision to a CID?
250.297 What information must a CID contain?
250.298 How long will MMS take to evaluate and make a decision on 
the CID?
250.299 What operations require approval of the CID?

Subpart B--Plans and Information

General Information


Sec.  250.200  Definitions.

    Acronyms and terms used in this subpart have the following 
meanings:
    (a) Acronyms used frequently in this subpart are listed 
alphabetically below:
    CID means Conservation Information Document
    CZMA means Coastal Zone Management Act
    DOCD means Development Operations Coordination Document
    DPP means Development and Production Plan
    DWOP means Deepwater Operations Plan
    EIA means Environmental Impact Analysis
    EP means Exploration Plan
    MMS means Minerals Management Service
    NPDES means National Pollutant Discharge Elimination System
    NTL means Notice to Lessees and Operators
    OCS means Outer Continental Shelf
    (b) Terms used in this subpart are listed alphabetically below:
    Amendment means a change you make to an EP, DPP, or DOCD that is 
pending before MMS for a decision (see Sec. Sec.  250.232(d) and 
250.267(d)).
    Modification means a change required by the Regional Supervisor to 
an EP, DPP, or DOCD (see Sec.  250.233(b)(2) and Sec.  250.270(b)(2)) 
that is pending before MMS for a decision because the OCS plan is 
inconsistent with applicable requirements.
    New or unusual technology means equipment or procedures that:
    (1) Have not been used previously or extensively in an MMS OCS 
Region;
    (2) Have not been used previously under the anticipated operating 
conditions; or
    (3) Have operating characteristics that are outside the performance 
parameters established by this part.
    Non-conventional production or completion technology includes, but 
is not limited to, floating production systems, tension leg platforms, 
spars, floating production, storage, and offloading systems, guyed 
towers, compliant towers, subsea manifolds, and other subsea production 
components that rely on a remote site or host facility for utility and 
well control services.
    Offshore vehicle means a vehicle that is capable of being driven on 
ice.
    Resubmitted OCS plan means an EP, DPP, or DOCD that contains 
changes you make to an OCS plan that MMS has disapproved (see 
Sec. Sec.  250.234(b), 250.272(a), and 250.273(b)).
    Revised OCS plan means an EP, DPP, or DOCD that proposes changes to 
an approved OCS plan, such as those in the location of a well or 
platform, type of drilling unit, or location of the onshore support 
base (see Sec.  250.283(a)).
    Supplemental OCS plan means an EP, DPP, or DOCD that proposes the 
addition to an approved OCS plan of an activity that requires approval 
of an application or permit (see Sec.  250.283(b)).


Sec.  250.201  What plans and information must I submit before I 
conduct any activities on my lease or unit?

    (a) Plans and documents. Before you conduct the activities on your 
lease or unit listed in the following table, you must submit, and MMS 
must approve, the listed plans and documents. Your plans and documents 
may cover one or more leases or units.

------------------------------------------------------------------------
  You must submit a(n) . . .                Before you . . .
------------------------------------------------------------------------
(1) Exploration Plan (EP)....  Conduct any exploration activities on a
                                lease or unit.
(2) Development and            Conduct any development and production
 Production Plan (DPP).         activities on a lease or unit in any OCS
                                area other than the Western Gulf of
                                Mexico.
(3) Operations Coordination    Conduct any development and production
 Document (DOCD).               activities on a lease or unit in the
                                Western GOM.
(4) Deepwater Operations Plan  Conduct post-drilling installation
 (DWOP).                        activities in any water depth associated
                                with a development project that will
                                involve the use of a non-conventional
                                production or completion technology.
(5) Conservation Information   Commence production from development
 Document (CID).                projects in water depths greater than
                                1,312 feet (400 meters).
(6) EP, DPP, or DOCD.........  Conduct geological or geophysical (G&G)
                                exploration or a development G&G
                                activity (see definitions under Sec.
                                250.105) on your lease or unit when:
                               (i) It will result in a physical
                                penetration of the seabed greater than
                                500 feet (152 meters);
                               (ii) It will involve the use of
                                explosives;
                               (iii) The Regional Director determines
                                that it might have a significant adverse
                                effect on the human, marine, or coastal
                                environment; or
                               (iv) The Regional Supervisor, after
                                reviewing a notice under Sec.   250.209,
                                determines that an EP, DPP, or DOCD is
                                necessary.
------------------------------------------------------------------------


[[Page 51503]]

    (b) Submitting additional information. On a case-by-case basis, the 
Regional Supervisor may require you to submit additional information if 
the Regional Supervisor determines that it is necessary to evaluate 
your proposed plan or document.
    (c) Limiting information. The Regional Director may limit the 
amount of information or analyses that you otherwise must provide in 
your proposed plan or document under this subpart when:
    (1) Sufficient applicable information or analysis is readily 
available to MMS;
    (2) Other coastal or marine resources are not present or affected;
    (3) Other factors such as technological advances affect information 
needs; or
    (4) Information is not necessary or required for a State to 
determine consistency with their CZMA Plan.
    (d) Referencing. In preparing your proposed plan or document, you 
may reference information and data discussed in other plans or 
documents you previously submitted or that are otherwise readily 
available to MMS.


Sec.  250.202  What criteria must the Exploration Plan (EP), 
Development and Production Plan (DPP), or Development Operations 
Coordination Document (DOCD) meet?

    Your EP, DPP, or DOCD must demonstrate that you have planned and 
are prepared to conduct the proposed activities in a manner that:
    (a) Conforms to the Outer Continental Shelf Lands Act as amended 
(Act), applicable implementing regulations, lease provisions and 
stipulations, and other Federal laws;
    (b) Is safe;
    (c) Conforms to sound conservation practices and protects the 
rights of the lessor;
    (d) Does not unreasonably interfere with other uses of the OCS, 
including those involved with national security or defense; and
    (e) Does not cause undue or serious harm or damage to the human, 
marine, or coastal environment.


Sec.  250.203  Where can wells be located under an EP, DPP, or DOCD?

    The Regional Supervisor reviews and approves proposed well location 
and spacing under an EP, DPP, or DOCD. In deciding whether to approve a 
proposed well location and spacing, the Regional Supervisor will 
consider factors including, but not limited to, the following:
    (a) Protecting correlative rights;
    (b) Protecting Federal royalty interests;
    (c) Recovering optimum resources;
    (d) Number of wells that can be economically drilled for proper 
reservoir management;
    (e) Location of drilling units and platforms;
    (f) Extent and thickness of the reservoir;
    (g) Geologic and other reservoir characteristics;
    (h) Minimizing environmental risk;
    (i) Preventing unreasonable interference with other uses of the 
OCS; and
    (j) Drilling of unnecessary wells.


Sec.  250.204  How must I protect the rights of the Federal government?

    (a) To protect the rights of the Federal government, you must 
either:
    (1) Drill and produce the wells that the Regional Supervisor 
determines are necessary to protect the Federal government from loss 
due to production on other leases or units or from adjacent lands under 
the jurisdiction of other entities (e.g., State and foreign 
governments); or
    (2) Pay a sum that the Regional Supervisor determines as adequate 
to compensate the Federal government for your failure to drill and 
produce any well.
    (b) Payment under paragraph (a)(2) of this section may constitute 
production in paying quantities for the purpose of extending the lease 
term.
    (c) You must complete and produce any penetrated hydrocarbon-
bearing zone that the Regional Supervisor determines is necessary to 
conform to sound conservation practices.


Sec.  250.205  Are there special requirements if my well affects an 
adjacent property?

    For wells that could intersect or drain an adjacent property, the 
Regional Supervisor may require special measures to protect the rights 
of the Federal government and objecting lessees or operators of 
adjacent leases or units.


Sec.  250.206  How do I submit the EP, DPP, or DOCD?

    (a) Number of copies. When you submit an EP, DPP, or DOCD to MMS, 
you must provide:
    (1) Four copies that contain all required information (proprietary 
copies);
    (2) Eight copies for public distribution (public information 
copies) that omit information that you assert is exempt from disclosure 
under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the 
implementing regulations (43 CFR part 2); and
    (3) Any additional copies that may be necessary to facilitate 
review of the EP, DPP, or DOCD by certain affected States and other 
reviewing entities.
    (b) Electronic submission. You may submit part or all of your EP, 
DPP, or DOCD and its accompanying information electronically. If you 
prefer to submit your EP, DPP, or DOCD electronically, ask the Regional 
Supervisor for further guidance.
    (c) Withdrawal after submission. You may withdraw your proposed EP, 
DPP, or DOCD at any time for any reason. Notify the appropriate MMS OCS 
Region if you do.

Ancillary Activities


Sec.  250.207  What ancillary activities may I conduct?

    Before or after you submit an EP, DPP, or DOCD to MMS, you may 
elect, the regulations in this part may require, or the Regional 
Supervisor may direct you to conduct ancillary activities. Ancillary 
activities include:
    (a) Geological and geophysical (G&G) explorations and development 
G&G activities;
    (b) Geological and high-resolution geophysical, geotechnical, 
archaeological, biological, physical oceanographic, meteorological, 
socioeconomic, or other surveys; or
    (c) Studies that model potential oil and hazardous substance 
spills, drilling muds and cuttings discharges, projected air emissions, 
or potential hydrogen sulfide (H<INF>2</INF>S) releases.


Sec.  250.208  If I conduct ancillary activities, what notices must I 
provide?

    At least 30 calendar days before you conduct any G&G exploration or 
development G&G activity (see Sec.  250.207(a)), you must notify the 
Regional Supervisor in writing.
    (a) When you prepare the notice, you must:
    (1) Sign and date the notice;
    (2) Provide the names of the vessel, its operator, and the 
person(s) in charge; the specific type(s) of operations you will 
conduct; and the instrumentation/techniques and vessel navigation 
system you will use;
    (3) Provide expected start and completion dates and the location of 
the activity; and
    (4) Describe the potential adverse environmental effects of the 
proposed activity and any mitigation to eliminate or minimize these 
effects on the marine, coastal, and human environment.
    (b) The Regional Supervisor may require you to:
    (1) Give written notice to MMS at least 15 calendar days before you 
conduct any other ancillary activity (see Sec.  250.207(b) and (c)) in 
addition to those listed in Sec.  250.207(a); and

[[Page 51504]]

    (2) Notify other users of the OCS before you conduct any ancillary 
activity.


Sec.  250.209  What is the MMS review process for the notice?

    The Regional Supervisor will review any notice required under Sec.  
250.208(a) and (b)(1) to ensure that your ancillary activity complies 
with the performance standards listed in Sec.  250.202(a), (b), (d), 
and (e). The Regional Supervisor may notify you that your ancillary 
activity does not comply with those standards. In such a case, the 
Regional Supervisor will require you to submit an EP, DPP, or DOCD and 
you may not start your ancillary activity until the Regional Supervisor 
approves the EP, DPP, or DOCD.


Sec.  250.210  If I conduct ancillary activities, what reporting and 
data/information retention requirements must I satisfy?

    (a) Reporting. The Regional Supervisor may require you to prepare 
and submit reports that summarize and analyze data or information 
obtained or derived from your ancillary activities. When applicable, 
MMS will protect and disclose the data and information in these reports 
in accordance with Sec.  250.196(b).
    (b) Data and information retention. You must retain copies of all 
original data and information, including navigation data, obtained or 
derived from your G&G explorations and development G&G activities (see 
Sec.  250.207(a)), including any such data and information you obtained 
from previous leaseholders or unit operators. You must submit such data 
and information to MMS for inspection and possible retention upon 
request at any time before lease or unit termination. When applicable, 
MMS will protect and disclose such submitted data and information in 
accordance with Sec.  250.196(b).

Contents of Exploration Plans (EP)


Sec.  250.211  What must the EP include?

    Your EP must include the following:
    (a) Description, objectives, and schedule. A description, 
discussion of the objectives, and tentative schedule (from start to 
completion) of the exploration activities that you propose to 
undertake. Examples of exploration activities include exploration 
drilling, well test flaring, installing a well protection structure, 
and temporary well abandonment.
    (b) Location. A map showing the surface location and water depth of 
each proposed well and the locations of all associated drilling unit 
anchors.
    (c) Drilling unit. A description of the drilling unit and 
associated equipment you will use to conduct your proposed exploration 
activities, including a brief description of its important safety and 
pollution prevention features, and a table indicating the type and the 
estimated maximum quantity of fuels, oil, and lubricants that will be 
stored on the facility (see third definition of ``facility'' under 
Sec.  250.105).


Sec.  250.212  What information must accompany the EP?

    The following information must accompany your EP:
    (a) General information required by Sec.  250.213;
    (b) Geological and geophysical (G&G) information required by Sec.  
250.214;
    (c) Hydrogen sulfide information required by Sec.  250.215;
    (d) Biological, physical, and socioeconomic information required by 
Sec.  250.216;
    (e) Solid and liquid wastes and discharges information and cooling 
water intake information required by Sec.  250.217;
    (f) Air emissions information required by Sec.  250.218;
    (g) Oil and hazardous substance spills information required by 
Sec.  250.219;
    (h) Alaska planning information required by Sec.  250.220;
    (i) Environmental monitoring information required by Sec.  250.221;
    (j) Lease stipulations information required by Sec.  250.222;
    (k) Mitigation measures information required by Sec.  250.223;
    (l) Support vessels and aircraft information required by Sec.  
250.224;
    (m) Onshore support facilities information required by Sec.  
250.225;
    (n) Coastal zone management information required by Sec.  250.226;
    (o) Environmental impact analysis information required by Sec.  
250.227; and
    (p) Administrative information required by Sec.  250.228.


Sec.  250.213  What general information must accompany the EP?

    The following general information must accompany your EP:
    (a) Applications and permits. A listing, including filing or 
approval status, of the Federal, State, and local application approvals 
or permits you must obtain to conduct your proposed exploration 
activities.
    (b) Drilling fluids. A table showing the projected amount, 
discharge rate, and chemical constituents for each type (i.e., water-
based, oil-based, synthetic-based) of drilling fluid you plan to use to 
drill your proposed exploration wells.
    (c) Chemical products. A table showing the name and brief 
description, quantities to be stored, storage method, and rates of 
usage of the chemical products you will use to conduct your proposed 
exploration activities. List only those chemical products you will 
store or use in quantities greater than the amounts defined as 
Reportable Quantities in 40 CFR part 302, or amounts specified by the 
Regional Supervisor.
    (d) New or unusual technology. A description and discussion of any 
new or unusual technology (see definition under Sec.  250.200) you will 
use to carry out your proposed exploration activities. In the public 
information copies of your EP, you may exclude any proprietary 
information from this description. In that case, include a brief 
discussion of the general subject matter of the omitted information. If 
you will not use any new or unusual technology to carry out your 
proposed exploration activities, include a statement so indicating.
    (e) Bonds, oil spill financial responsibility, and well control 
statements. Statements attesting that:
    (1) The activities and facilities proposed in your EP are or will 
be covered by an appropriate bond under 30 CFR part 256, subpart I;
    (2) You have demonstrated or will demonstrate oil spill financial 
responsibility for facilities proposed in your EP according to 30 CFR 
part 253; and
    (3) You have or will have the financial capability to drill a 
relief well and conduct other emergency well control operations.
    (f) Suspensions of operations. A brief discussion of any 
suspensions of operations that you anticipate may be necessary in the 
course of conducting your activities under the EP.
    (g) Blowout scenario. A scenario for the potential blowout of the 
proposed well in your EP that you expect will have the highest volume 
of liquid hydrocarbons. Include the estimated flow rate, total volume, 
and maximum duration of the potential blowout. Also, discuss the 
potential for the well to bridge over, the likelihood for surface 
intervention to stop the blowout, the availability of a rig to drill a 
relief well, and rig package constraints. Estimate the time it would 
take to drill a relief well.
    (h) Contact. The name, address (e-mail address, if available), and 
telephone number of the person with whom the Regional Supervisor and 
any affected State(s) can communicate about your EP.

[[Page 51505]]

Sec.  250.214  What geological and geophysical (G&G) information must 
accompany the EP?

    The following G&G information must accompany your EP:
    (a) Geological description. A geological description of the 
prospect(s).
    (b) Structure contour maps. Current structure contour maps (depth-
based, expressed in feet subsea) drawn on the top of each prospective 
hydrocarbon-bearing reservoir showing the locations of proposed wells.
    (c) Two-dimensional (2-D) or three-dimensional (3-D) seismic lines. 
Copies of migrated and annotated 2-D or 3-D seismic lines (with depth 
scale) intersecting at or near your proposed well locations. You are 
not required to conduct both 2-D and 3-D seismic surveys if you choose 
to conduct only one type of survey. If you have conducted both types of 
surveys, the Regional Supervisor may instruct you to submit the results 
of both surveys. You must interpret and display this information. 
Because of its volume, provide this information as an enclosure to only 
one proprietary copy of your EP.
    (d) Geological cross-sections. Interpreted geological cross-
sections showing the location and depth of each proposed well.
    (e) Shallow hazards report. A shallow hazards report based on 
information obtained from a high-resolution geophysical survey, or a 
reference to such report if you have already submitted it to the 
Regional Supervisor.
    (f) Shallow hazards assessment. For each proposed well, an 
assessment of any seafloor and subsurface geological and manmade 
features and conditions that may adversely affect your proposed 
drilling operations.
    (g) High-resolution seismic lines. A copy of the high-resolution 
survey line closest to each of your proposed well locations. Because of 
its volume, provide this information as an enclosure to only one 
proprietary copy of your EP. You are not required to provide this 
information if the surface location of your proposed well has been 
approved in a previously submitted EP, DPP, or DOCD.
    (h) Stratigraphic column. A generalized biostratigraphic/
lithostratigraphic column from the surface to the total depth of the 
prospect.
    (i) Time-versus-depth chart. A seismic travel time-versus-depth 
chart based on the appropriate velocity analysis in the area of 
interpretation and specifying the geodetic datum.
    (j) Geochemical information. A copy of any geochemical reports you 
used or generated.
    (k) Future G&G activities. A brief description of the types of G&G 
explorations and development G&G activities you may conduct for lease 
or unit purposes after your EP is approved.


Sec.  250.215  What hydrogen sulfide (H<INF>2</INF>S) information must 
accompany the EP?

    The following H<INF>2</INF>S information, as applicable, must 
accompany your EP:
    (a) Concentration. The estimated concentration of any 
H<INF>2</INF>S you might encounter while you conduct your proposed 
exploration activities.
    (b) Classification. Under Sec.  250.490(c), a request that the 
Regional Supervisor classify the area of your proposed exploration 
activities as either H<INF>2</INF>S absent, H<INF>2</INF>S present, or 
H<INF>2</INF>S unknown. Provide sufficient information to justify your 
request.
    (c) H<INF>2</INF>S Contingency Plan. If you ask the Regional 
Supervisor to classify the area of your proposed exploration activities 
as either H<INF>2</INF>S present or H<INF>2</INF>S unknown, an 
H<INF>2</INF>S Contingency Plan prepared under Sec.  250.490(f), or a 
reference to an approved or submitted H<INF>2</INF>S Contingency Plan 
that covers the proposed exploration activities.
    (d) Modeling report. If you modeled a potential H<INF>2</INF>S 
release when developing your EP, modeling report or the modeling 
results, or a reference to such report or results if you have already 
submitted it to the Regional Supervisor.
    (1) The analysis in the modeling report must be specific to the 
particular site of your proposed exploration activities, and must 
consider any nearby human-occupied OCS facilities, shipping lanes, 
fishery areas, and other points where humans may be subject to 
potential exposure from an H<INF>2</INF>S release from your proposed 
exploration activities.
    (2) If any H<INF>2</INF>S emissions are projected to affect an 
onshore location in concentrations greater than 10 parts per million, 
the modeling analysis must be consistent with the Environmental 
Protection Agency's (EPA) risk management plan methodologies outlined 
in 40 CFR part 68.


Sec.  250.216  What biological, physical, and socioeconomic information 
must accompany the EP?

    If you obtain the following information in developing your EP, or 
if the Regional Supervisor requires you to obtain it, you must include 
a report, or the information obtained, or a reference to such a report 
or information if you have already submitted it to the Regional 
Supervisor, as accompanying information:
    (a) Biological environment reports. Site-specific information on 
chemosynthetic communities, sensitive underwater features, marine 
sanctuaries, or other areas of biological concern.
    (b) Physical environment reports. Site-specific meteorological, 
physical oceanographic, geotechnical reports, or archaeological reports 
(if required under Sec.  250.194).
    (c) Socioeconomic study reports. Socioeconomic information 
regarding your proposed exploration activities.


Sec.  250.217  What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the EP?

    The following solid and liquid wastes and discharges information 
and cooling water intake information must accompany your EP:
    (a) Projected wastes. A table providing the name, brief 
description, projected quantity, and composition of solid and liquid 
wastes (such as spent drilling fluids, drill cuttings, trash, sanitary 
and domestic wastes, and chemical product wastes) likely to be 
generated by your proposed exploration activities. Describe:
    (1) The methods you used for determining this information; and
    (2) Your plans for treating, storing, and downhole disposal of 
these wastes at your drilling location(s).
    (b) Projected ocean discharges. If any of your solid and liquid 
wastes will be discharged overboard, or are planned discharges from 
manmade islands:
    (1) A table showing the name, projected amount, and rate of 
discharge for each waste type; and
    (2) A description of the discharge method (such as shunting through 
a downpipe, etc.) you will use.
    (c) National Pollutant Discharge Elimination System (NPDES) permit. 
(1) A discussion of how you will comply with the provisions of the 
applicable general NPDES permit that covers your proposed exploration 
activities; or
    (2) A copy of your application for an individual NPDES permit. 
Briefly describe the major discharges and methods you will use for 
compliance.
    (d) Modeling report. The modeling report or the modeling results 
(if you modeled the discharges of your projected solid or liquid wastes 
when developing your EP), or a reference to such report or results if 
you have already submitted it to the Regional Supervisor.
    (e) Projected cooling water intake. A table for each cooling water 
intake structure likely to be used by your proposed exploration 
activities that includes a brief description of the cooling water 
intake structure, daily water intake rate, water intake through

[[Page 51506]]

screen velocity, percentage of water intake used for cooling water, 
mitigation measures for reducing impingement and entrainment of aquatic 
organisms, and biofouling prevention measures.


Sec.  250.218  What air emissions information must accompany the EP?

    The following air emissions information, as applicable, must 
accompany your EP:
    (a) Projected emissions. Tables showing the projected emissions of 
sulphur dioxide (SO<INF>2</INF>), particulate matter in the form of 
PM<INF>10</INF> and PM<INF>2.5</INF> when applicable, nitrogen oxides 
(NO<INF>X</INF>), carbon monoxide (CO), and volatile organic compounds 
(VOC) that will be generated by your proposed exploration activities.
    (1) For each source on or associated with the drilling unit 
(including well test flaring and well protection structure 
installation), you must list:
    (i) The projected peak hourly emissions;
    (ii) The total annual emissions in tons per year;
    (iii) Emissions over the duration of the proposed exploration 
activities;
    (iv) The frequency and duration of emissions; and
    (v) The total of all emissions listed in paragraphs (a)(1)(i) 
through (iv) of this section.
    (2) You must provide the basis for all calculations, including 
engine size and rating, and applicable operational information.
    (3) You must base the projected emissions on the maximum rated 
capacity of the equipment on the proposed drilling unit under its 
physical and operational design.
    (4) If the specific drilling unit has not yet been determined, you 
must use the maximum emission estimates for the type of drilling unit 
you will use.
    (b) Emission reduction measures. A description of any proposed 
emission reduction measures, including the affected source(s), the 
emission reduction control technologies or procedures, the quantity of 
reductions to be achieved, and any monitoring system you propose to use 
to measure emissions.
    (c) Processes, equipment, fuels, and combustibles. A description of 
processes, processing equipment, combustion equipment, fuels, and 
storage units. You must include the characteristics and the frequency, 
duration, and maximum burn rate of any well test fluids to be burned.
    (d) Distance to shore. Identification of the distance of your 
drilling unit from the mean high water mark (mean higher high water 
mark on the Pacific coast) of the adjacent State.
    (e) Non-exempt drilling units. A description of how you will comply 
with Sec.  250.303 when the projected emissions of SO<INF>2</INF>, PM, 
NO<INF>X</INF>, CO, or VOC, that will be generated by your proposed 
exploration activities, are greater than the respective emission 
exemption amounts ``E'' calculated using the formulas in Sec.  
250.303(d). When MMS requires air quality modeling, you must use the 
guidelines in Appendix W of 40 CFR part 51 with a model approved by the 
Director. Submit the best available meteorological information and data 
consistent with the model(s) used.
    (f) Modeling report. A modeling report or the modeling results (if 
Sec.  250.303 requires you to use an approved air quality model to 
model projected air emissions in developing your EP), or a reference to 
such a report or results if you have already submitted it to the 
Regional Supervisor.


Sec.  250.219  What oil and hazardous substance spills information must 
accompany the EP?

    The following information regarding potential spills of oil (see 
definition under 30 CFR 254.6) and hazardous substances (see definition 
under 40 CFR part 116) as applicable, must accompany your EP:
    (a) Oil spill response planning. The material required under 
paragraph (a)(1) or (a)(2) of this section:
    (1) An Oil Spill Response Plan (OSRP) for the facilities you will 
use to conduct your exploration activities prepared according to the 
requirements of 30 CFR part 254, subpart B; or
    (2) Reference to your approved regional OSRP (see 30 CFR 254.3) to 
include:
    (i) A discussion of your regional OSRP;
    (ii) The location of your primary oil spill equipment base and 
staging area;
    (iii) The name(s) of your oil spill removal organization(s) for 
both equipment and personnel;
    (iv) The calculated volume of your worst case discharge scenario 
(see 30 CFR 254.26(a)), and a comparison of the appropriate worst case 
discharge scenario in your approved regional OSRP with the worst case 
discharge scenario that could result from your proposed exploration 
activities; and
    (v) A description of the worst case discharge scenario that could 
result from your proposed exploration activities (see 30 CFR 254.26(b), 
(c), (d), and (e)).
    (b) Modeling report. If you model a potential oil or hazardous 
substance spill in developing your EP, a modeling report or the 
modeling results, or a reference to such report or results if you have 
already submitted it to the Regional Supervisor.


Sec.  250.220  If I propose activities in the Alaska OCS Region, what 
planning information must accompany the EP?

     If you propose exploration activities in the Alaska OCS Region, 
the following planning information must accompany your EP:
    (a) Emergency plans. A description of your emergency plans to 
respond to a blowout, loss or disablement of a drilling unit, and loss 
of or damage to support craft.
    (b) Critical operations and curtailment procedures. Critical 
operations and curtailment procedures for your exploration activities. 
The procedures must identify ice conditions, weather, and other 
constraints under which the exploration activities will either be 
curtailed or not proceed.


Sec.  250.221  What environmental monitoring information must accompany 
the EP?

    The following environmental monitoring information, as applicable, 
must accompany your EP:
    (a) Monitoring systems. A description of any existing and planned 
monitoring systems that are measuring, or will measure, environmental 
conditions or will provide project-specific data or information on the 
impacts of your exploration activities.
    (b) Flower Garden Banks National Marine Sanctuary (FGBNMS). If you 
propose to conduct exploration activities within the protective zones 
of the FGBNMS, a description of your provisions for monitoring the 
impacts of an oil spill on the environmentally sensitive resources at 
the FGBNMS.


Sec.  250.222  What lease stipulations information must accompany the 
EP?

    A description of the measures you took, or will take, to satisfy 
the conditions of lease stipulations related to your proposed 
exploration activities must accompany your EP.


Sec.  250.223  What mitigation measures information must accompany the 
EP?

    If you propose to use any measures, beyond those required by the 
regulations in this part, to minimize or mitigate environmental impacts 
from your proposed exploration activities, a description of the 
measures you will use must accompany your EP.


Sec.  250.224  What information on support vessels, offshore vehicles, 
and aircraft you will use must accompany the EP?

    The following information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany your EP:

[[Page 51507]]

    (a) General. A description of the crew boats, supply boats, anchor 
handling vessels, tug boats, barges, ice management vessels, other 
vessels, offshore vehicles, and aircraft you will use to support your 
exploration activities. The description of vessels and offshore 
vehicles must estimate the storage capacity of their fuel tanks and the 
frequency of their visits to your drilling unit.
    (b) Air emissions. A table showing the source, composition, 
frequency, and duration of the air emissions likely to be generated by 
the support vessels, offshore vehicles, and aircraft you will use that 
will operate within 25 miles of your drilling unit.
    (c) Drilling fluids and chemical products transportation. A 
description of the transportation method and quantities of drilling 
fluids and chemical products (see Sec.  250.213(b) and (c)) you will 
transport from the onshore support facilities you will use to your 
drilling unit.
    (d) Solid and liquid wastes transportation. A description of the 
transportation method and a brief description of the composition, 
quantities, and destination(s) of solid and liquid wastes (see Sec.  
250.217(a)) you will transport from your drilling unit.
    (e) Vicinity map. A map showing the location of your proposed 
exploration activities relative to the shoreline. The map must depict 
the primary route(s) the support vessels and aircraft will use when 
traveling between the onshore support facilities you will use and your 
drilling unit.


Sec.  250.225  What information on the onshore support facilities you 
will use must accompany the EP?

    The following information on the onshore support facilities you 
will use must accompany your EP:
    (a) General. A description of the onshore facilities you will use 
to provide supply and service support for your proposed exploration 
activities (e.g., service bases and mud company docks).
    (1) Indicate whether the onshore support facilities are existing, 
to be constructed, or to be expanded.
    (2) If the onshore support facilities are, or will be, located in 
areas not adjacent to the Western GOM, provide a timetable for 
acquiring lands (including rights-of-way and easements) and 
constructing or expanding the facilities. Describe any State or Federal 
permits or approvals (dredging, filling, etc.) that would be required 
for constructing or expanding them.
    (b) Air emissions. A description of the source, composition, 
frequency, and duration of the air emissions (attributable to your 
proposed exploration activities) likely to be generated by the onshore 
support facilities you will use.
    (c) Unusual solid and liquid wastes. A description of the quantity, 
composition, and method of disposal of any unusual solid and liquid 
wastes (attributable to your proposed exploration activities) likely to 
be generated by the onshore support facilities you will use. Unusual 
wastes are those wastes not specifically addressed in the relevant 
National Pollution Discharge Elimination System (NPDES) permit.
    (d) Waste disposal. A description of the onshore facilities you 
will use to store and dispose of solid and liquid wastes generated by 
your proposed exploration activities (see Sec.  250.217) and the types 
and quantities of such wastes.


Sec.  250.226  What Coastal Zone Management Act (CZMA) information must 
accompany the EP?

    The following CZMA information must accompany your EP:
    (a) Consistency certification. A copy of your consistency 
certification under section 307(c)(3)(B) of the CZMA (16 U.S.C. 
1456(c)(3)(B)) and 15 CFR 930.76(d) stating that the proposed 
exploration activities described in detail in this EP comply with (name 
of State(s)) approved coastal management program(s) and will be 
conducted in a manner that is consistent with such program(s); and
    (b) Other information. ``Information'' as required by 15 CFR 
930.76(a) and 15 CFR 930.58(a)(2)) and ``Analysis'' as required by 15 
CFR 930.58(a)(3).


Sec.  250.227  What environmental impact analysis (EIA) information 
must accompany the EP?

    The following EIA information must accompany your EP:
    (a) General requirements. Your EIA must:
    (1) Assess the potential environmental impacts of your proposed 
exploration activities;
    (2) Be project specific; and
    (3) Be as detailed as necessary to assist the Regional Supervisor 
in complying with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321 et seq.) and other relevant Federal laws.
    (b) Resources, conditions, and activities. Your EIA must describe 
those resources, conditions, and activities listed below that could be 
affected by your proposed exploration activities, or that could affect 
the construction and operation of facilities or structures, or the 
activities proposed in your EP.
    (1) Meteorology, oceanography, geology, and shallow geological or 
manmade hazards;
    (2) Air and water quality;
    (3) Benthic communities, marine mammals, sea turtles, coastal and 
marine birds, fish and shellfish, and plant life;
    (4) Threatened or endangered species and their critical habitat as 
defined by the Endangered Species Act of 1973;
    (5) Sensitive biological resources or habitats such as essential 
fish habitat, refuges, preserves, special management areas identified 
in coastal management programs, sanctuaries, rookeries, and calving 
grounds;
    (6) Archaeological resources;
    (7) Socioeconomic resources including employment, existing offshore 
and coastal infrastructure (including major sources of supplies, 
services, energy, and water), land use, subsistence resources and 
harvest practices, recreation, recreational and commercial fishing 
(including typical fishing seasons, location, and type), minority and 
lower income groups, and coastal zone management programs;
    (8) Coastal and marine uses such as military activities, shipping, 
and mineral exploration or development; and
    (9) Other resources, conditions, and activities identified by the 
Regional Supervisor.
    (c) Environmental impacts. Your EIA must:
    (1) Analyze the potential direct and indirect impacts (including 
those from accidents and cooling water intake structures) that your 
proposed exploration activities will have on the identified resources, 
conditions, and activities;
    (2) Analyze any potential cumulative impacts from other activities 
to those identified resources, conditions, and activities potentially 
impacted by your proposed exploration activities;
    (3) Describe the type, severity, and duration of these potential 
impacts and their biological, physical, and other consequences and 
implications;
    (4) Describe potential measures to minimize or mitigate these 
potential impacts; and
    (5) Summarize the information you incorporate by reference.
    (d) Consultation. Your EIA must include a list of agencies and 
persons with whom you consulted, or with whom you will be consulting, 
regarding potential impacts associated with your proposed exploration 
activities.
    (e) References cited. Your EIA must include a list of the 
references that you cite in the EIA.

[[Page 51508]]

Sec.  250.228  What administrative information must accompany the EP?

    The following administrative information must accompany your EP:
    (a) Exempted information description (public information copies 
only). A description of the general subject matter of the proprietary 
information that is included in the proprietary copies of your EP or 
its accompanying information.
    (b) Bibliography. (1) If you reference a previously submitted EP, 
DPP, DOCD, study report, survey report, or other material in your EP or 
its accompanying information, a list of the referenced material; and
    (2) The location(s) where the Regional Supervisor can inspect the 
cited referenced material if you have not submitted it.

Review and Decision Process for the EP


Sec.  250.231  After receiving the EP, what will MMS do?

    (a) Determine whether deemed submitted. Within 15 working days 
after receiving your proposed EP and its accompanying information, the 
Regional Supervisor will review your submission and deem your EP 
submitted if:
    (1) The submitted information, including the information that must 
accompany the EP (refer to the list in Sec.  250.212), fulfills 
requirements and is sufficiently accurate;
    (2) You have provided all needed additional information (see Sec.  
250.201(b)); and
    (3) You have provided the required number of copies (see Sec.  
250.206(a)).
    (b) Identify problems and deficiencies. If the Regional Supervisor 
determines that you have not met one or more of the conditions in 
paragraph (a) of this section, the Regional Supervisor will notify you 
of the problem or deficiency within 15 working days after the Regional 
Supervisor receives your EP and its accompanying information. The 
Regional Supervisor will not deem your EP submitted until you have 
corrected all problems or deficiencies identified in the notice.
    (c) Deemed submitted notification. The Regional Supervisor will 
notify you when the EP is deemed submitted.


Sec.  250.232  What actions will MMS take after the EP is deemed 
submitted?

    (a) State and CZMA consistency reviews. Within 2 working days after 
deeming your EP submitted under Sec.  250.231, the Regional Supervisor 
will use receipted mail or alternative method to send a public 
information copy of the EP and its accompanying information to the 
following:
    (1) The Governor of each affected State. The Governor has 21 
calendar days after receiving your deemed-submitted EP to submit 
comments. The Regional Supervisor will not consider comments received 
after the deadline.
    (2) The CZMA agency of each affected State. The CZMA consistency 
review period under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 
1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the State's CZMA 
agency receives a copy of your deemed-submitted EP, consistency 
certification, and required necessary data and information (see 15 CFR 
930.77(a)(1)).
    (b) MMS compliance review. The Regional Supervisor will review the 
exploration activities described in your proposed EP to ensure that 
they conform to the performance standards in Sec.  250.202.
    (c) MMS environmental impact evaluation. The Regional Supervisor 
will evaluate the environmental impacts of the activities described in 
your proposed EP and prepare environmental documentation under the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and 
the implementing regulations (40 CFR parts 1500 through 1508).
    (d) Amendments. During the review of your proposed EP, the Regional 
Supervisor may require you, or you may elect, to change your EP. If you 
elect to amend your EP, the Regional Supervisor may determine that your 
EP, as amended, is subject to the requirements of Sec.  250.231.


Sec.  250.233  What decisions will MMS make on the EP and within what 
timeframe?

    (a) Timeframe. The Regional Supervisor will take one of the actions 
shown in the table in paragraph (b) of this section within 30 calendar 
days after the Regional Supervisor deems your EP submitted under Sec.  
250.231, or receives the last amendment to your proposed EP, whichever 
occurs later.
    (b) MMS decision. By the deadline in paragraph (a) of this section, 
the Regional Supervisor will take one of the following actions:

------------------------------------------------------------------------
  The regional  supervisor
         will . . .                 If . . .           And then . . .
------------------------------------------------------------------------
(1) Approve your EP.........  It complies with all  The Regional
                               applicable            Supervisor will
                               requirements.         notify you in
                                                     writing of the
                                                     decision and may
                                                     require you to meet
                                                     certain conditions,
                                                     including those to
                                                     provide monitoring
                                                     information.
(2) Require you to modify     The Regional          The Regional
 your proposed EP.             Supervisor finds      Supervisor will
                               that it is            notify you in
                               inconsistent with     writing of the
                               the lease, the Act,   decision and
                               the regulations       describe the
                               prescribed under      modifications you
                               the Act, or notify    must make to your
                               Federal laws.         proposed EP to
                                                     ensure it complies
                                                     with all applicable
                                                     requirements.
(3) Disapprove your EP......  Your proposed         (i) The Regional
                               activities would      Supervisor will
                               probably cause        notify you in
                               serious harm or       writing of the
                               damage to life        decision and
                               (including fish or    describe the
                               other aquatic         reason(s) for
                               life); property;      disapproving your
                               any mineral (in       EP.
                               areas leased or not  (ii) MMS may cancel
                               leased); the          your lease and
                               national security     compensate you
                               or defense; or the    under 43 U.S.C.
                               marine, coastal, or   1334(a)(2)(C) and
                               human environment;    the implementing
                               and you cannot        regulations in Sec.
                               modify your            Sec.   250.182,
                               proposed activities   250.184, and
                               to avoid such         250.185 and 30 CFR
                               condition(s).         256.77.
------------------------------------------------------------------------

Sec.  250.234  How do I submit a modified EP or resubmit a disapproved 
EP, and when will MMS make a decision?

    (a) Modified EP. If the Regional Supervisor requires you to modify 
your proposed EP under Sec.  250.233(b)(2), you must submit the 
modification(s) to the Regional Supervisor in the same manner as for a 
new EP. You need submit only information related to the proposed 
modification(s).
    (b) Resubmitted EP. If the Regional Supervisor disapproves your EP 
under Sec.  250.233(b)(3), you may resubmit the disapproved EP if there 
is a change in the conditions that were the basis of its disapproval.
    (c) MMS review and timeframe. The Regional Supervisor will use the 
performance standards in Sec.  250.202 to either approve, require you 
to further modify, or disapprove your modified or resubmitted EP. The 
Regional

[[Page 51509]]

Supervisor will make a decision within 30 calendar days after the 
Regional Supervisor deems your modified or resubmitted EP to be 
submitted, or receives the last amendment to your modified or 
resubmitted EP, whichever occurs later.


Sec.  250.235  If a State objects to the EP's coastal zone consistency 
certification, what can I do?

    If an affected State objects to the coastal zone consistency 
certification accompanying your proposed EP within the timeframe 
prescribed in Sec.  250.233(a) or Sec.  250.234(c), you may do one of 
the following:
    (a) Amend your EP. Amend your EP to accommodate the State's 
objection and submit the amendment to the Regional Supervisor for 
approval. The amendment needs to only address information related to 
the State's objection.
    (b) Appeal. Appeal the State's objection to the Secretary of 
Commerce using the procedures in 15 CFR part 930, subpart H. The 
Secretary of Commerce will either:
    (1) Grant your appeal by finding, under section 307(c)(3)(B)(iii) 
of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), that each activity 
described in detail in your EP is consistent with the objectives of the 
CZMA, or is otherwise necessary in the interest of national security; 
or
    (2) Deny your appeal, in which case you may amend your EP as 
described in paragraph (a) of this section.
    (a) Withdraw your EP. Withdraw your EP if you decide not to conduct 
your proposed exploration activities.

Contents of Development and Production Plans (DPP) and Development 
Operations Coordination Documents (DOCD)


Sec.  250.241  What must the DPP or DOCD include?

    Your DPP or DOCD must include the following:
    (a) Description, objectives, and schedule. A description, 
discussion of the objectives, and tentative schedule (from start to 
completion) of the development and production activities you propose to 
undertake. Examples of development and production activities include:
    (1) Development drilling;
    (2) Well test flaring;
    (3) Installation of production platforms, satellite structures, 
subsea wellheads and manifolds, and lease term pipelines (see 
definition at Sec.  250.105); and
    (4) Installation of production facilities and conduct of production 
operations.
    (b) Location. The location and water depth of each of your proposed 
wells and production facilities. Include a map showing the surface and 
bottom-hole location and water depth of each proposed well, the surface 
location of each production facility, and the locations of all 
associated drilling unit and construction barge anchors.
    (c) Drilling unit. A description of the drilling unit and 
associated equipment you will use to conduct your proposed development 
drilling activities. Include a brief description of its important 
safety and pollution prevention features, and a table indicating the 
type and the estimated maximum quantity of fuels and oil that will be 
stored on the facility (see third definition of ``facility'' under 
Sec.  250.105).
    (d) Production facilities. A description of the production 
platforms, satellite structures, subsea wellheads and manifolds, lease 
term pipelines (see definition at Sec.  250.105), production 
facilities, umbilicals, and other facilities you will use to conduct 
your proposed development and production activities. Include a brief 
description of their important safety and pollution prevention 
features, and a table indicating the type and the estimated maximum 
quantity of fuels and oil that will be stored on the facility (see 
third definition of ``facility'' under Sec.  250.105).


Sec.  250.242  What information must accompany the DPP or DOCD?

    The following information must accompany your DPP or DOCD.
    (a) General information required by Sec.  250.243;
    (b) G&G information required by Sec.  250.244;
    (c) Hydrogen sulfide information required by Sec.  250.245;
    (d) Mineral resource conservation information required by Sec.  
250.246;
    (e) Biological, physical, and socioeconomic information required by 
Sec.  250.247;
    (f) Solid and liquid wastes and discharges information and cooling 
water intake information required by Sec.  250.248;
    (g) Air emissions information required by Sec.  250.249;
    (h) Oil and hazardous substance spills information required by 
Sec.  250.250;
    (i) Alaska planning information required by Sec.  250.251;
    (j) Environmental monitoring information required by Sec.  250.252;
    (k) Lease stipulations information required by Sec.  250.253;
    (l) Mitigation measures information required by Sec.  250.254;
    (m) Decommissioning information required by Sec.  250.255;
    (n) Related facilities and operations information required by Sec.  
250.256;
    (o) Support vessels and aircraft information required by Sec.  
250.257;
    (p) Onshore support facilities information required by Sec.  
250.258;
    (q) Sulphur operations information required by Sec.  250.259;
    (r) Coastal zone management information required by Sec.  250.260;
    (s) Environmental impact analysis information required by Sec.  
250.261; and
    (t) Administrative information required by Sec.  250.262.


Sec.  250.243  What general information must accompany the DPP or DOCD?

    The following general information must accompany your DPP or DOCD:
    (a) Applications and permits. A listing, including filing or 
approval status, of the Federal, State, and local application approvals 
or permits you must obtain to carry out your proposed development and 
production activities.
    (b) Drilling fluids. A table showing the projected amount, 
discharge rate, and chemical constituents for each type (i.e., water 
based, oil based, synthetic based) of drilling fluid you plan to use to 
drill your proposed development wells.
    (c) Production. The following production information:
    (1) Estimates of the average and peak rates of production for each 
type of production and the life of the reservoir(s) you intend to 
produce; and
    (2) The chemical and physical characteristics of the produced oil 
(see definition under 30 CFR 254.6) that you will handle or store at 
the facilities you will use to conduct your proposed development and 
production activities.
    (d) Chemical products. A table showing the name and brief 
description, quantities to be stored, storage method, and rates of 
usage of the chemical products you will use to conduct your proposed 
development and production activities. You need list only those 
chemical products you will store or use in quantities greater than the 
amounts defined as Reportable Quantities in 40 CFR part 302, or amounts 
specified by the Regional Supervisor.
    (e) New or unusual technology. A description and discussion of any 
new or unusual technology (see definition under Sec.  250.200) you will 
use to carry out your proposed development and production activities. 
In the public information copies of your DPP or DOCD, you may exclude 
any proprietary information from this description. In that case, 
include a brief discussion of the general subject matter of the omitted 
information. If you will not use any new or unusual technology to carry 
out your proposed development and production activities, include a 
statement so indicating.

[[Page 51510]]

    (f) Bonds, oil spill financial responsibility, and well control 
statements. Statements attesting that:
    (1) The activities and facilities proposed in your DPP or DOCD are 
or will be covered by an appropriate bond under 30 CFR part 256, 
subpart I;
    (2) You have demonstrated or will demonstrate oil spill financial 
responsibility for facilities proposed in your DPP or DOCD, according 
to 30 CFR Part 253; and
    (3) You have or will have the financial capability to drill a 
relief well and conduct other emergency well control operations.
    (g) Suspensions of production or operations. A brief discussion of 
any suspensions of production or suspensions of operations that you 
anticipate may be necessary in the course of conducting your activities 
under the DPP or DOCD.
    (h) Blowout scenario. A scenario for a potential blowout of the 
proposed well in your DPP or DOCD that you expect will have the highest 
volume of liquid hydrocarbons. Include the estimated flow rate, total 
volume, and maximum duration of the potential blowout. Also, discuss 
the potential for the well to bridge over, the likelihood for surface 
intervention to stop the blowout, the availability of a rig to drill a 
relief well, and rig package constraints. Estimate the time it would 
take to drill a relief well.
    (i) Contact. The name, mailing address, (e-mail address if 
available), and telephone number of the person with whom the Regional 
Supervisor and the affected State(s) can communicate about your DPP or 
DOCD.


Sec.  250.244  What geological and geophysical (G&G) information must 
accompany the DPP or DOCD?

    The following G&G information must accompany your DPP or DOCD:
    (a) Geological description. A geological description of the 
prospect(s).
    (b) Structure contour maps. Current structure contour maps (depth-
based, expressed in feet subsea) showing depths of expected productive 
formations and the locations of proposed wells.
    (c) Two dimensional (2-D) or three-dimensional (3-D) seismic lines. 
Copies of migrated and annotated 2-D or 3-D seismic lines (with depth 
scale) intersecting at or near your proposed well locations. You are 
not required to conduct both 2-D and 3-D seismic surveys if you choose 
to conduct only one type of survey. If you have conducted both types of 
surveys, the Regional Supervisor may instruct you to submit the results 
of both surveys. You must interpret and display this information. 
Provide this information as an enclosure to only one proprietary copy 
of your DPP or DOCD.
    (d) Geological cross-sections. Interpreted geological cross-
sections showing the depths of expected productive formations.
    (e) Shallow hazards report. A shallow hazards report based on 
information obtained from a high-resolution geophysical survey, or a 
reference to such report if you have already submitted it to the 
Regional Supervisor.
    (f) Shallow hazards assessment. For each proposed well, an 
assessment of any seafloor and subsurface geologic and manmade features 
and conditions that may adversely affect your proposed drilling 
operations.
    (g) High resolution seismic lines. A copy of the high-resolution 
survey line closest to each of your proposed well locations. Because of 
its volume, provide this information as an enclosure to only one 
proprietary copy of your DPP or DOCD. You are not required to provide 
this information if the surface location of your proposed well has been 
approved in a previously submitted EP, DPP, or DOCD.
    (h) Stratigraphic column. A generalized biostratigraphic/
lithostratigraphic column from the surface to the total depth of each 
proposed well.
    (i) Time-versus-depth chart. A seismic travel time-versus-depth 
chart based on the appropriate velocity analysis in the area of 
interpretation and specifying the geodetic datum.
    (j) Geochemical information. A copy of any geochemical reports you 
used or generated.
    (k) Future G&G activities. A brief description of the G&G 
explorations and development G&G activities that you may conduct for 
lease or unit purposes after your DPP or DOCD is approved.


Sec.  250.245  What hydrogen sulfide (H<INF>2</INF>S) information must 
accompany the DPP or DOCD?

    The following H<INF>2</INF>S information, as applicable, must 
accompany your DPP or DOCD:
    (a) Concentration. The estimated concentration of any 
H<INF>2</INF>S you might encounter or handle while you conduct your 
proposed development and production activities.
    (b) Classification. Under Sec.  250.490(c), a request that the 
Regional Supervisor classify the area of your proposed development and 
production activities as either H<INF>2</INF>S absent, H<INF>2</INF>S 
present, or H<INF>2</INF>S unknown. Provide sufficient information to 
justify your request.
    (c) H<INF>2</INF>S Contingency Plan. If you request that the 
Regional Supervisor classify the area of your proposed development and 
production activities as either H<INF>2</INF>S present or 
H<INF>2</INF>S unknown, an H<INF>2</INF>S Contingency Plan prepared 
under Sec.  250.490(f), or a reference to an approved or submitted 
H<INF>2</INF>S Contingency Plan that covers the proposed development 
and production activities.
    (d) Modeling report. (1) If you have determined or estimated that 
the concentration of any H<INF>2</INF>S you may encounter or handle 
while you conduct your development and production activities will be 
greater than 500 parts per million (ppm), you must:
    (i) Model a potential worst case H<INF>2</INF>S release from the 
facilities you will use to conduct your proposed development and 
production activities; and
    (ii) Include a modeling report or modeling results, or a reference 
to such report or results if you have already submitted it to the 
Regional Supervisor.
    (2) The analysis in the modeling report must be specific to the 
particular site of your development and production activities, and must 
consider any nearby human-occupied OCS facilities, shipping lanes, 
fishery areas, and other points where humans may be subject to 
potential exposure from an H<INF>2</INF>S release from your proposed 
activities.
    (3) If any H<INF>2</INF>S emissions are projected to affect an 
onshore location in concentrations greater than 10 ppm, the modeling 
analysis must be consistent with the EPA's risk management plan 
methodologies outlined in 40 CFR part 68.


Sec.  250.246  What mineral resource conservation information must 
accompany the DPP or DOCD?

    The following mineral resource conservation information, as 
applicable, must accompany your DPP or DOCD:
    (a) Technology and reservoir engineering practices and procedures. 
A description of the technology and reservoir engineering practices and 
procedures you will use to increase the ultimate recovery of oil and 
gas (e.g., secondary, tertiary, or other enhanced recovery practices). 
If you will not use enhanced recovery practices initially, provide an 
explanation of the methods you considered and the reasons why you are 
not using them.
    (b) Technology and recovery practices and procedures. A description 
of the technology and recovery practices and procedures you will use to 
ensure optimum recovery of oil and gas or sulphur.
    (c) Reservoir development. A discussion of exploratory well 
results, other reservoir data, proposed well

[[Page 51511]]

spacing, completion methods, and other relevant well plan information.


Sec.  250.247  What biological, physical, and socioeconomic information 
must accompany the DPP or DOCD?

    If you obtain the following information in developing your DPP or 
DOCD, or if the Regional Supervisor requires you to obtain it, you must 
include a report, or the information obtained, or a reference to such a 
report or information if you have already submitted it to the Regional 
Supervisor, as accompanying information:
    (a) Biological environment reports. Site-specific information on 
chemosynthetic communities, sensitive underwater features, marine 
sanctuaries, or other areas of biological concern.
    (b) Physical environment reports. Site-specific meteorological, 
physical oceanographic, geotechnical reports, or archaeological reports 
(if required under Sec.  250.194).
    (c) Socioeconomic study reports. Socioeconomic information related 
to your proposed development and production activities.


Sec.  250.248  What solid and liquid wastes and discharges information 
and cooling water intake information must accompany the DPP or DOCD?

    The following solid and liquid wastes and discharges information 
and cooling water intake information must accompany your DPP or DOCD:
    (a) Projected wastes. A table providing the name, brief 
description, projected quantity, and composition of solid and liquid 
wastes (such as spent drilling fluids, drill cuttings, trash, sanitary 
and domestic wastes, produced waters, and chemical product wastes) 
likely to be generated by your proposed development and production 
activities. Describe:
    (1) The methods you used for determining this information; and
    (2) Your plans for treating, storing, and downhole disposal of 
these wastes at your facility location(s).
    (b) Projected ocean discharges. If any of your solid and liquid 
wastes will be discharged overboard or are planned discharges from 
manmade islands:
    (1) A table showing the name, projected amount, and rate of 
discharge for each waste type; and
    (2) A description of the discharge method (such as shunting through 
a downpipe, adding to a produced water stream, etc.) you will use.
    (c) National Pollutant Discharge Elimination System (NPDES) permit. 
(1) A discussion of how you will comply with the provisions of the 
applicable general NPDES permit that covers your proposed development 
and production activities; or
    (2) A copy of your application for an individual NPDES permit. 
Briefly describe the major discharges and methods you will use for 
compliance.
    (d) Modeling report. A modeling report or the modeling results (if 
you modeled the discharges of your projected solid or liquid wastes in 
developing your DPP or DOCD), or a reference to such report or results 
if you have already submitted it to the Regional Supervisor.
    (e) Projected cooling water intake. A table for each cooling water 
intake structure likely to be used by your proposed development and 
production activities that includes a brief description of the cooling 
water intake structure, daily water intake rate, water intake through-
screen velocity, percentage of water intake used for cooling water, 
mitigation measures for reducing impingement and entrainment of aquatic 
organisms, and biofouling prevention measures.


Sec.  250.249  What air emissions information must accompany the DPP or 
DOCD?

    The following air emissions information, as applicable, must 
accompany your DPP or DOCD:
    (a) Projected emissions. Tables showing the projected emissions of 
sulphur dioxide (SO<INF>2</INF>), particulate matter in the form of 
PM<INF>10</INF> and PM<INF>2.5</INF> when applicable, nitrogen oxides 
(NO<INF>X</INF>), carbon monoxide (CO), and volatile organic compounds 
(VOC) that will be generated by your proposed development and 
production activities.
    (1) For each source on or associated with the facility you will use 
to conduct your proposed development and production activities, you 
must list:
    (i) The projected peak hourly emissions;
    (ii) The total annual emissions in tons per year;
    (iii) Emissions over the duration of the proposed development and 
production activities;
    (iv) The frequency and duration of emissions; and
    (v) The total of all emissions listed in paragraph (a)(1)(i) 
through (iv) of this section.
    (2) If your proposed production and development activities would 
result in an increase in the emissions of an air pollutant from your 
facility to an amount greater than the amount specified in your 
previously approved DPP or DOCD, you must show the revised emission 
rates for each source as well as the incremental change for each 
source.
    (3) You must provide the basis for all calculations, including 
engine size and rating, and applicable operational information.
    (4) You must base the projected emissions on the maximum rated 
capacity of the equipment and the maximum throughput of the facility 
you will use to conduct your proposed development and production 
activities under its physical and operational design.
    (5) If the specific drilling unit has not yet been determined, you 
must use the maximum emission estimates for the type of drilling unit 
you will use.
    (b) Emission reduction measures. A description of any proposed 
emission reduction measures, including the affected source(s), the 
emission reduction control technologies or procedures, the quantity of 
reductions to be achieved, and any monitoring system you propose to use 
to measure emissions.
    (c) Processes, equipment, fuels, and combustibles. A description of 
processes, processing equipment, combustion equipment, fuels, and 
storage units. You must include the frequency, duration, and maximum 
burn rate of any flaring activity.
    (d) Distance to shore. Identification of the distance of the site 
of your proposed development and production activities from the mean 
high water mark (mean higher high water mark on the Pacific coast) of 
the adjacent State.
    (e) Non-exempt facilities. A description of how you will comply 
with Sec.  250.303 when the projected emissions of SO<INF>2</INF>, PM, 
NO<INF>X</INF>, CO, or VOC that will be generated by your proposed 
development and production activities are greater than the respective 
emission exemption amounts ``E'' calculated using the formulas in Sec.  
250.303(d). When MMS requires air quality modeling, you must use the 
guidelines in Appendix W of 40 CFR part 51 with a model approved by the 
Director. Submit the best available meteorological information and data 
consistent with the model(s) used.
    (f) Modeling report. A modeling report or the modeling results (if 
Sec.  250.303 requires you to use an approved air quality model to 
model projected air emissions in developing your DPP or DOCD), or a 
reference to such report or results if you have already submitted it to 
the Regional Supervisor.


Sec.  250.250  What oil and hazardous substance spills information must 
accompany the DPP or DOCD?

    The following information regarding potential spills of oil (see 
definition under 30 CFR 254.6) and hazardous substances (see definition 
under 40 CFR

[[Page 51512]]

part 116), as applicable, must accompany your DPP or DOCD:
    (a) Oil spill response planning. The material required under 
paragraph (a)(1) or (a)(2) of this section:
    (1) An Oil Spill Response Plan (OSRP) for the facilities you will 
use to conduct your proposed development and production activities 
prepared according to the requirements of 30 CFR part 254, subpart B; 
or
    (2) Reference to your approved regional OSRP (see 30 CFR 254.3) to 
include:
    (i) A discussion of your regional OSRP;
    (ii) The location of your primary oil spill equipment base and 
staging area;
    (iii) The name(s) of your oil spill removal organization(s) for 
both equipment and personnel;
    (iv) The calculated volume of your worst case discharge scenario 
(see 30 CFR 254.26(a)), and a comparison of the appropriate worst case 
discharge scenario in your approved regional OSRP with the worst case 
discharge scenario that could result from your proposed development and 
production activities; and
    (v) A description of the worst case oil spill scenario that could 
result from your proposed development and production activities (see 30 
CFR 254.26(b), (c), (d), and (e)).
    (b) Modeling report. If you model a potential oil or hazardous 
substance spill in developing your DPP or DOCD, a modeling report or 
the modeling results, or a reference to such report or results if you 
have already submitted it to the Regional Supervisor.


Sec.  250.251  If I propose activities in the Alaska OCS Region, what 
planning information must accompany the DPP?

    If you propose development and production activities in the Alaska 
OCS Region, the following planning information must accompany your DPP:
    (a) Emergency plans. A description of your emergency plans to 
respond to a blowout, loss or disablement of a drilling unit, and loss 
of or damage to support craft; and
    (b) Critical operations and curtailment procedures. Critical 
operations and curtailment procedures for your development and 
production activities. The procedures must identify ice conditions, 
weather, and other constraints under which the development and 
production activities will either be curtailed or not proceed.


Sec.  250.252  What environmental monitoring information must accompany 
the DPP or DOCD?

    The following environmental monitoring information, as applicable, 
must accompany your DPP or DOCD:
    (a) Monitoring systems. A description of any existing and planned 
monitoring systems that are measuring, or will measure, environmental 
conditions or will provide project-specific data or information on the 
impacts of your development and production activities.
    (b) Flower Garden Banks National Marine Sanctuary (FGBNMS). If you 
propose to conduct development and production activities within the 
protective zones of the FGBNMS, a description of your provisions for 
monitoring the impacts of an oil spill on the environmentally sensitive 
resources of the FGBNMS.


Sec.  250.253  What lease stipulations information must accompany the 
DPP or DOCD?

    A description of the measures you took, or will take, to satisfy 
the conditions of lease stipulations related to your proposed 
development and production activities must accompany your DPP or DOCD.


Sec.  250.254  What mitigation measures information must accompany the 
DPP or DOCD?

    If you propose to use any measures, beyond those required by the 
regulations in this part, to minimize or mitigate environmental impacts 
from your proposed development and production activities, a description 
of the measures you will use must accompany your DPP or DOCD.


Sec.  250.255  What decommissioning information must accompany the DPP 
or DOCD?

    A brief description of how you intend to decommission your wells, 
platforms, pipelines, and other facilities, and clear your site(s) must 
accompany your DPP or DOCD.


Sec.  250.256  What related facilities and operations information must 
accompany the DPP or DOCD?

    The following information regarding facilities and operations 
directly related to your proposed development and production activities 
must accompany your DPP or DOCD.
    (a) OCS facilities and operations. A description and location of 
any of the following that directly relate to your proposed development 
and production activities:
    (1) Drilling units;
    (2) Production platforms;
    (3) Right-of-way pipelines (including those that transport chemical 
products and produced water); and
    (4) Other facilities and operations located on the OCS (regardless 
of ownership).
    (b) Transportation system. A discussion of the transportation 
system that you will use to transport your production to shore, 
including:
    (1) Routes of any new pipelines;
    (2) Information concerning barges and shuttle tankers, including 
the storage capacity of the transport vessel(s), and the number of 
transfers that will take place per year;
    (3) Information concerning any intermediate storage or processing 
facilities;
    (4) An estimate of the quantities of oil, gas, or sulphur to be 
transported from your production facilities; and
    (5) A description and location of the primary onshore terminal.


Sec.  250.257  What information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany the DPP or DOCD?

    The following information on the support vessels, offshore 
vehicles, and aircraft you will use must accompany your DPP or DOCD:
    (a) General. A description of the crew boats, supply boats, anchor 
handling vessels, tug boats, barges, ice management vessels, other 
vessels, offshore vehicles, and aircraft you will use to support your 
development and production activities. The description of vessels and 
offshore vehicles must estimate the storage capacity of their fuel 
tanks and the frequency of their visits to the facilities you will use 
to conduct your proposed development and production activities.
    (b) Air emissions. A table showing the source, composition, 
frequency, and duration of the air emissions likely to be generated by 
the support vessels, offshore vehicles, and aircraft you will use that 
will operate within 25 miles of the facilities you will use to conduct 
your proposed development and production activities.
    (c) Drilling fluids and chemical products transportation. A 
description of the transportation method and quantities of drilling 
fluids and chemical products (see Sec.  250.243(b) and (d)) you will 
transport from the onshore support facilities you will use to the 
facilities you will use to conduct your proposed development and 
production activities.
    (d) Solid and liquid wastes transportation. A description of the 
transportation method and a brief description of the composition,

[[Page 51513]]

quantities, and destination(s) of solid and liquid wastes (see Sec.  
250.248(a)) you will transport from the facilities you will use to 
conduct your proposed development and production activities.
    (e) Vicinity map. A map showing the location of your proposed 
development and production activities relative to the shoreline. The 
map must depict the primary route(s) the support vessels and aircraft 
will use when traveling between the onshore support facilities you will 
use and the facilities you will use to conduct your proposed 
development and production activities.


Sec.  250.258  What information on the onshore support facilities you 
will use must accompany the DPP or DOCD?

    The following information on the onshore support facilities you 
will use must accompany your DPP or DOCD:
    (a) General. A description of the onshore facilities you will use 
to provide supply and service support for your proposed development and 
production activities (e.g., service bases and mud company docks).
    (1) Indicate whether the onshore support facilities are existing, 
to be constructed, or to be expanded; and
    (2) For DPPs only, provide a timetable for acquiring lands 
(including rights-of-way and easements) and constructing or expanding 
any of the onshore support facilities.
    (b) Air emissions. A description of the source, composition, 
frequency, and duration of the air emissions (attributable to your 
proposed development and production activities) likely to be generated 
by the onshore support facilities you will use.
    (c) Unusual solid and liquid wastes. A description of the quantity, 
composition, and method of disposal of any unusual solid and liquid 
wastes (attributable to your proposed development and production 
activities) likely to be generated by the onshore support facilities 
you will use. Unusual wastes are those wastes not specifically 
addressed in the relevant National Pollution Discharge Elimination 
System (NPDES) permit.
    (d) Waste disposal. A description of the onshore facilities you 
will use to store and dispose of solid and liquid wastes generated by 
your proposed development and production activities (see Sec.  
250.248(a)) and the types and quantities of such wastes.


Sec.  250.259  What sulphur operations information must accompany the 
DPP or DOCD?

    If you are proposing to conduct sulphur development and production 
activities, the following information must accompany your DPP or DOCD:
    (a) Bleedwater. A discussion of the bleedwater that will be 
generated by your proposed sulphur activities, including the measures 
you will take to mitigate the potential toxic or thermal impacts on the 
environment caused by the discharge of bleedwater.
    (b) Subsidence. An estimate of the degree of subsidence expected at 
various stages of your sulphur development and production activities, 
and a description of the measures you will take to mitigate the effects 
of subsidence on existing or potential oil and gas production, 
production platforms, and production facilities, and to protect the 
environment.


Sec.  250.260  What Coastal Zone Management Act (CZMA) information must 
accompany the DPP or DOCD?

    The following CZMA information must accompany your DPP or DOCD:
    (a) Consistency certification. A copy of your consistency 
certification under section 307(c)(3)(B) of the CZMA (16 U.S.C. 
1456(c)(3)(B)) and 15 CFR 930.76(d) stating that the proposed 
development and production activities described in detail in this DPP 
or DOCD comply with (name of State(s)) approved coastal management 
program(s) and will be conducted in a manner that is consistent with 
such program(s); and
    (b) Other information. ``Information'' as required by 15 CFR 
930.76(a) and 15 CFR 930.58(a)(2)) and ``Analysis'' as required by 15 
CFR 930.58(a)(3).


Sec.  250.261  What environmental impact analysis (EIA) information 
must accompany the DPP or DOCD?

    The following EIA information must accompany your DPP or DOCD:
    (a) General requirements. Your EIA must:
    (1) Assess the potential environmental impacts of your proposed 
development and production activities;
    (2) Be project specific; and
    (3) Be as detailed as necessary to assist the Regional Supervisor 
in complying with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321 et seq.) and other relevant Federal laws.
    (b) Resources, conditions, and activities. Your EIA must describe 
those resources, conditions, and activities listed below that could be 
affected by your proposed development and production activities, or 
that could affect the construction and operation of facilities or 
structures or the activities proposed in your DPP or DOCD.
    (1) Meteorology, oceanography, geology, and shallow geological or 
manmade hazards;
    (2) Air and water quality;
    (3) Benthic communities, marine mammals, sea turtles, coastal and 
marine birds, fish and shellfish, and plant life;
    (4) Threatened or endangered species and their critical habitat;
    (5) Sensitive biological resources or habitats such as essential 
fish habitat, refuges, preserves, special management areas identified 
in coastal management programs, sanctuaries, rookeries, and calving 
grounds;
    (6) Archaeological resources;
    (7) Socioeconomic resources (including the approximate number, 
timing, and duration of employment of persons engaged in onshore 
support and construction activities), population (including the 
approximate number of people and families added to local onshore 
areas), existing offshore and onshore infrastructure (including major 
sources of supplies, services, energy, and water), types of contractors 
or vendors that may place a demand on local goods and services, land 
use, subsistence resources and harvest practices, recreation, 
recreational and commercial fishing (including seasons, location, and 
type), minority and lower income groups, and CZMA programs;
    (8) Coastal and marine uses such as military activities, shipping, 
and mineral exploration or development; and
    (9) Other resources, conditions, and activities identified by the 
Regional Supervisor.
    (c) Environmental impacts. Your EIA must:
    (1) Analyze the potential direct and indirect impacts (including 
those from accidents and cooling water intake structures) that your 
proposed development and production activities will have on the 
identified resources, conditions, and activities;
    (2) Describe the type, severity, and duration of these potential 
impacts and their biological, physical, and other consequences and 
implications;
    (3) Describe potential measures to minimize or mitigate these 
potential impacts;
    (4) Describe any alternatives to your proposed development and 
production activities that you considered while developing your DPP or 
DOCD, and compare the potential environmental impacts; and
    (5) Summarize the information you incorporate by reference.
    (d) Consultation. Your EIA must include a list of agencies and 
persons with whom you consulted, or with whom you will be consulting, 
regarding potential impacts associated with your

[[Page 51514]]

proposed development and production activities.
    (e) References cited. Your EIA must include a list of the 
references that you cite in the EIA.


Sec.  250.262  What administrative information must accompany the DPP 
or DOCD?

    The following administrative information must accompany your DPP or 
DOCD:
    (a) Exempted information description (public information copies 
only). A description of the general subject matter of the proprietary 
information that is included in the proprietary copies of your DPP or 
DOCD or its accompanying information.
    (b) Bibliography. (1) If you reference a previously submitted EP, 
DPP, DOCD, study report, survey report, or other material in your DPP 
or DOCD or its accompanying information, a list of the referenced 
material; and
    (2) The location(s) where the Regional Supervisor can inspect the 
cited referenced material if you have not submitted it.

Review and Decision Process for the DPP or DOCD


Sec.  250.266  After receiving the DPP or DOCD, what will MMS do?

    (a) Determine whether deemed submitted. Within 25 working days 
after receiving your proposed DPP or DOCD and its accompanying 
information, the Regional Supervisor will deem your DPP or DOCD 
submitted if:
    (1) The submitted information, including the information that must 
accompany the DPP or DOCD (refer to the list in Sec.  250.242), 
fulfills requirements and is sufficiently accurate;
    (2) You have provided all needed additional information (see Sec.  
250.201(b)); and
    (3) You have provided the required number of copies (see Sec.  
250.206(a)).
    (b) Identify problems and deficiencies. If the Regional Supervisor 
determines that you have not met one or more of the conditions in 
paragraph (a) of this section, the Regional Supervisor will notify you 
of the problem or deficiency within 25 working days after the Regional 
Supervisor receives your DPP or DOCD and its accompanying information. 
The Regional Supervisor will not deem your DPP or DOCD submitted until 
you have corrected all problems or deficiencies identified in the 
notice.
    (c) Deemed submitted notification. The Regional Supervisor will 
notify you when your DPP or DOCD is deemed submitted.


Sec.  250.267  What actions will MMS take after the DPP or DOCD is 
deemed submitted?

    (a) State, local government, CZMA consistency, and other reviews. 
Within 2 working days after the Regional Supervisor deems your DPP or 
DOCD submitted under Sec.  250.266, the Regional Supervisor will use 
receipted mail or alternative method to send a public information copy 
of the DPP or DOCD and its accompanying information to the following:
    (1) The Governor of each affected State. The Governor has 60 
calendar days after receiving your deemed-submitted DPP or DOCD to 
submit comments and recommendations. The Regional Supervisor will not 
consider comments and recommendations received after the deadline.
    (2) The executive of any affected local government who requests a 
copy. The executive of any affected local government has 60 calendar 
days after receipt of your deemed-submitted DPP or DOCD to submit 
comments and recommendations. The Regional Supervisor will not consider 
comments and recommendations received after the deadline. The executive 
of any affected local government must forward all comments and 
recommendations to the respective Governor before submitting them to 
the Regional Supervisor.
    (3) The CZMA agency of each affected State. The CZMA consistency 
review period under section 307(c)(3)(B)(ii) of the CZMA (16 
U.S.C.1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the States CZMA 
agency receives a copy of your deemed-submitted DPP or DOCD, 
consistency certification, and required necessary data/information (see 
15 CFR 930.77(a)(1)).
    (b) General public. Within 2 working days after the Regional 
Supervisor deems your DPP or DOCD submitted under Sec.  250.266, the 
Regional Supervisor will make a public information copy of the DPP or 
DOCD and its accompanying information available for review to any 
appropriate interstate regional entity and the public at the 
appropriate MMS Regional Public Information Office. Any interested 
Federal agency or person may submit comments and recommendations to the 
Regional Supervisor. Comments and recommendations must be received by 
the Regional Supervisor within 60 calendar days after the DPP or DOCD 
including its accompanying information is made available.
    (c) MMS compliance review. The Regional Supervisor will review the 
development and production activities in your proposed DPP or DOCD to 
ensure that they conform to the performance standards in Sec.  250.202.
    (d) Amendments. During the review of your proposed DPP or DOCD, the 
Regional Supervisor may require you, or you may elect, to change your 
DPP or DOCD. If you elect to amend your DPP or DOCD, the Regional 
Supervisor may determine that your DPP or DOCD, as amended, is subject 
to the requirements of Sec.  250.266.


Sec.  250.268  How does MMS respond to recommendations?

    (a) Governor. The Regional Supervisor will accept those 
recommendations from the Governor that provide a reasonable balance 
between the national interest and the well-being of the citizens of 
each affected State. The Regional Supervisor will explain in writing to 
the Governor the reasons for rejecting any of his or her 
recommendations.
    (b) Local governments and the public. The Regional Supervisor may 
accept recommendations from the executive of any affected local 
government or the public.
    (c) Availability. The Regional Supervisor will make all comments 
and recommendations available to the public upon request.


Sec.  250.269  How will MMS evaluate the environmental impacts of the 
DPP or DOCD?

    The Regional Supervisor will evaluate the environmental impacts of 
the activities described in your proposed DPP or DOCD and prepare 
environmental documentation under the National Environmental Policy Act 
(NEPA) (42 U.S.C.4321 et seq.) and the implementing regulations (40 CFR 
parts 1500 through 1508).
    (a) Environmental impact statement (EIS) declaration. At least once 
in each OCS planning area (other than the Western and Central GOM 
Planning Areas), the Director will declare that the approval of a 
proposed DPP is a major Federal action, and MMS will prepare an EIS.
    (b) Leases or units in the vicinity. Before or immediately after 
the Director determines that preparation of an EIS is required, the 
Regional Supervisor may require lessees and operators of leases or 
units in the vicinity of the proposed development and production 
activities for which DPPs have not been approved to submit information 
about preliminary plans for their leases or units.
    (c) Draft EIS. The Regional Supervisor will send copies of the 
draft EIS to the Governor of each affected State and to the executive 
of each affected local government who requests a copy. Additionally, 
when MMS prepares a DPP EIS, and the Federally-approved

[[Page 51515]]

CZMA program for an affected State requires a DPP NEPA document for use 
in determining consistency, the Regional Supervisor will forward a copy 
of the draft EIS to the State's CZMA agency. The Regional Supervisor 
will also make copies of the draft EIS available to any appropriate 
Federal agency, interstate regional entity, and the public.


Sec.  250.270  What decisions will MMS make on the DPP or DOCD and 
within what timeframe?

    (a) Timeframe. The Regional Supervisor will act on your deemed-
submitted DPP or DOCD as follows:
    (1) The Regional Supervisor will make a decision within 60 calendar 
days after the latest of the day that:
    (i) The comment period provided in Sec.  267(a)(1), (a)(2), and (b) 
closes;
    (ii) The final EIS for a DPP is released or adopted; or
    (iii) The last amendment to your proposed DOCD is received by the 
Regional Supervisor.
    (2) Notwithstanding paragraph (a)(1) of this section, MMS will not 
approve your DPP or DOCD until either:
    (i) All affected States with approved CZMA programs concur, or have 
been conclusively presumed to concur, with your DPP or DOCD consistency 
certification under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 
U.S.C. 1456(c)(3)(B)(i) and (ii)); or
    (ii) The Secretary of Commerce has made a finding authorized by 
section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) 
that each activity described in the DPP or DOCD is consistent with the 
objectives of the CZMA, or is otherwise necessary in the interest of 
national security.
    (b) MMS decision. By the deadline in paragraph (a) of this section, 
the Regional Supervisor will take one of the following actions:

------------------------------------------------------------------------
   The regional supervisor
         will . . .                 If . . .           And then . . .
------------------------------------------------------------------------
(1) Approve your DPP or DOCD  It complies with all  The Regional
                               applicable            Supervisor will
                               requirements.         notify you in
                                                     writing of the
                                                     decision and may
                                                     require you to meet
                                                     certain conditions,
                                                     including those to
                                                     provide monitoring
                                                     information.
(2) Require you to modify     It fails to make      The Regional
 your proposed DPP or DOCD.    adequate provisions   Supervisor will
                               for safety,           notify you in
                               environmental         writing of the
                               protection, or        decision and
                               conservation of       describe the
                               natural resources     modifications you
                               or otherwise does     must make to your
                               not comply with the   proposed DPP or
                               lease, the Act, the   DOCD to ensure it
                               regulations           complies with all
                               prescribed under      applicable
                               the Act, or other     requirements.
                               Federal laws.
(3) Disapprove your DPP or    Any of the reasons    (i) The Regional
 DOCD.                         in Sec.   250.271     Supervisor will
                               apply.                notify you in
                                                     writing of the
                                                     decision and
                                                     describe the
                                                     reason(s) for
                                                     disapproving your
                                                     DPP or DOCD; and
                                                    (ii) MMS may cancel
                                                     your lease and
                                                     compensate you
                                                     under 43 U.S.C.
                                                     1351(h)(2)(C) and
                                                     the implementing
                                                     regulations in Sec.
                                                      Sec.   250.183,
                                                     250.184, and
                                                     250.185 and 30 CFR
                                                     256.77.
------------------------------------------------------------------------

Sec.  250.271  For what reasons will MMS disapprove the DPP or DOCD?

    The Regional Supervisor will disapprove your proposed DPP or DOCD 
if one of the four reasons in this section applies:
    (a) Non-compliance. The Regional Supervisor determines that you 
have failed to demonstrate that you can comply with the requirements of 
the Outer Continental Shelf Lands Act, as amended (Act), implementing 
regulations, or other applicable Federal laws.
    (b) No consistency concurrence. (1) An affected State has not yet 
issued a final decision on your coastal zone consistency certification 
(see 15 CFR 930.78(a)); or
    (2) An affected State objects to your coastal zone consistency 
certification, and the Secretary of Commerce, under section 
307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), has not 
found that each activity described in the DPP or DOCD is consistent 
with the objectives of the CZMA or is otherwise necessary in the 
interest of national security.
    (3) If the Regional Supervisor disapproved your DPP or DOCD for the 
sole reason that an affected State either has not yet issued a final 
decision on, or has objected to, your coastal zone consistency 
certification (see paragraphs (b)(1) and (2) in this section), the 
Regional Supervisor will approve your DPP or DOCD upon receipt of 
concurrence by the affected State, at the time concurrence of the 
affected State is conclusively presumed, or when the Secretary of 
Commerce makes a finding authorized by section 307(c)(3)(B)(iii) of the 
CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in 
your DPP or DOCD is consistent with the objectives of the CZMA, or is 
otherwise necessary in the interest of national security. In that 
event, you do not need to resubmit your DPP or DOCD for approval under 
Sec.  250.273(b).
    (c) National security or defense conflicts. Your proposed 
activities would threaten national security or defense.
    (d) Exceptional circumstances. The Regional Supervisor determines 
because of exceptional geological conditions, exceptional resource 
values in the marine or coastal environment, or other exceptional 
circumstances that all of the following apply:
    (1) Implementing your DPP or DOCD would cause serious harm or 
damage to life (including fish and other aquatic life), property, any 
mineral deposits (in areas leased or not leased), the national security 
or defense, or the marine, coastal, or human environment;
    (2) The threat of harm or damage will not disappear or decrease to 
an acceptable extent within a reasonable period of time; and
    (3) The advantages of disapproving your DPP or DOCD outweigh the 
advantages of development and production.


Sec.  250.272  If a State objects to the DPP's or DOCD's coastal zone 
consistency certification, what can I do?

    If an affected State objects to the coastal zone consistency 
certification accompanying your proposed or disapproved DPP or DOCD, 
you may do one of the following:
    (a) Amend or resubmit your DPP or DOCD. Amend or resubmit your DPP 
or DOCD to accommodate the State's objection and submit the amendment 
or resubmittal to the Regional Supervisor for approval. The amendment 
or resubmittal needs to only address information related to the State's 
objections.

[[Page 51516]]

    (b) Appeal. Appeal the State's objection to the Secretary of 
Commerce using the procedures in 15 CFR part 930, subpart H. The 
Secretary of Commerce will either:
    (1) Grant your appeal by finding under section 307(c)(3)(B)(iii) of 
the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each activity described in 
detail in your DPP or DOCD is consistent with the objectives of the 
CZMA, or is otherwise necessary in the interest of national security; 
or
    (2) Deny your appeal, in which case you may amend or resubmit your 
DPP or DOCD, as described in paragraph (a) of this section.
    (c) Withdraw your DPP or DOCD. Withdraw your DPP or DOCD if you 
decide not to conduct your proposed development and production 
activities.


Sec.  250.273  How do I submit a modified DPP or DOCD or resubmit a 
disapproved DPP or DOCD?

    (a) Modified DPP or DOCD. If the Regional Supervisor requires you 
to modify your proposed DPP or DOCD under Sec.  250.270(b)(2), you must 
submit the modification(s) to the Regional Supervisor in the same 
manner as for a new DPP or DOCD. You need submit only information 
related to the proposed modification(s).
    (b) Resubmitted DPP or DOCD. If the Regional Supervisor disapproves 
your DPP or DOCD under Sec.  250.270(b)(3), and except as provided in 
Sec.  250.271(b)(3), you may resubmit the disapproved DPP or DOCD if 
there is a change in the conditions that were the basis of its 
disapproval.
    (c) MMS review and timeframe. The Regional Supervisor will use the 
performance standards in Sec.  250.202 to either approve, require you 
to further modify, or disapprove your modified or resubmitted DPP or 
DOCD. The Regional Supervisor will make a decision within 60 calendar 
days after the Regional Supervisor deems your modified or resubmitted 
DPP or DOCD to be submitted, or receives the last amendment to your 
modified or resubmitted DPP or DOCD, whichever occurs later.

Post-Approval Requirements for the EP, DPP, and DOCD


Sec.  250.280  How must I conduct activities under the approved EP, 
DPP, or DOCD?

    (a) Compliance. You must conduct all of your lease and unit 
activities according to your approved EP, DPP, or DOCD and any approval 
conditions. If you fail to comply with your approved EP, DPP, or DOCD:
    (1) You may be subject to MMS enforcement action, including civil 
penalties; and
    (2) The lease(s) involved in your EP, DPP, or DOCD may be forfeited 
or cancelled under 43 U.S.C. 1334(c) or (d). If this happens, you will 
not be entitled to compensation under Sec.  250.185(b) and 30 CFR 
256.77.
    (b) Emergencies. Nothing in this subpart or in your approved EP, 
DPP, or DOCD relieves you of, or limits your responsibility to take 
appropriate measures to meet emergency situations. In an emergency 
situation, the Regional Supervisor may approve or require departures 
from your approved EP, DPP, or DOCD.


Sec.  250.281  What must I do to conduct activities under the approved 
EP, DPP, or DOCD?

    (a) Approvals and permits. Before you conduct activities under your 
approved EP, DPP, or DOCD you must obtain the following approvals and 
or permits, as applicable, from the District Manager or Regional 
Supervisor:
    (1) Approval of applications for permits to drill (APDs) (see Sec.  
250.410);
    (2) Approval of production safety systems (see Sec.  250.800);
    (3) Approval of new platforms and other structures (or major 
modifications to platforms and other structures) (see Sec.  250.901);
    (4) Approval of applications to install lease term pipelines (see 
Sec.  250.1007); and
    (5) Other permits, as required by applicable law.
    (b) Conformance. The activities proposed in these applications and 
permits must conform to the activities described in detail in your 
approved EP, DPP, or DOCD.
    (c) Separate State CZMA consistency review. APDs, and other 
applications for licenses, approvals, or permits to conduct activities 
under your approved EP, DPP, or DOCD including those identified in 
paragraph (a) of this section, are not subject to separate State CZMA 
consistency review.
    (d) Approval restrictions for permits for activities conducted 
under EPs. The District Manager or Regional Supervisor will not approve 
any APDs or other applications for licenses, approvals, or permits 
under your approved EP until either:
    (1) All affected States with approved coastal zone management 
programs concur, or are conclusively presumed to concur, with the 
coastal zone consistency certification accompanying your EP under 
section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 
1456(c)(3)(B)(i) and (ii)); or
    (2) The Secretary of Commerce finds, under section 
307(c)(3)(B)(iii) of the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each 
activity covered by the EP is consistent with the objectives of the 
CZMA or is otherwise necessary in the interest of national security;
    (3) If an affected State objects to the coastal zone consistency 
certification accompanying your approved EP after MMS has approved your 
EP, you may either:
    (i) Revise your EP to accommodate the State's objection and submit 
the revision to the Regional Supervisor for approval; or
    (ii) Appeal the State's objection to the Secretary of Commerce 
using the procedures in 15 CFR part 930 subpart H. The Secretary of 
Commerce will either:
    (A) Grant your appeal by making the finding described in paragraph 
(d)(2) of this section; or
    (B) Deny your appeal, in which case you may revise your EP as 
described in paragraph (d)(3)(i) of this section.


Sec.  250.282  Do I have to conduct post-approval monitoring?

    After approving your EP, DPP, or DOCD the Regional Supervisor may 
direct you to conduct monitoring programs. You must retain copies of 
all monitoring data obtained or derived from your monitoring programs 
and make them available to MMS upon request. The timeframe for 
retention of all monitoring data will be stipulated in the approval 
letter. The Regional Supervisor may require you to:
    (a) Monitoring plans. Submit monitoring plans for approval before 
you begin the work; and
    (b) Monitoring reports. Prepare and submit reports that summarize 
and analyze data and information obtained or derived from your 
monitoring programs. The Regional Supervisor will specify requirements 
for preparing and submitting these reports.


Sec.  250.283  When must I revise or supplement the approved EP, DPP, 
or DOCD?

    (a) Revised OCS plans. You must revise your approved EP, DPP, or 
DOCD when you propose to:
    (1) Change the type of drilling rig (e.g., jack-up, platform rig, 
barge, submersible, semisubmersible, or drillship), production facility 
(e.g., caisson, fixed platform with piles, tension leg platform), or 
transportation mode (e.g., pipeline, barge);
    (2) Change the surface location of a well or production platform by 
a distance more than that specified by the Regional Supervisor;

[[Page 51517]]

    (3) Change the type of production or significantly increase the 
volume of production or storage capacity;
    (4) Increase the emissions of an air pollutant to an amount that 
exceeds the amount specified in your approved EP, DPP, or DOCD;
    (5) Significantly increase the amount of solid or liquid wastes to 
be handled or discharged;
    (6) Request a new H2S area classification, or increase the 
concentration of H2S to a concentration greater than that specified by 
the Regional Supervisor;
    (7) Change the location of your onshore support base either from 
one State to another or to a new base or a base requiring expansion; or
    (8) Change any other activity specified by the Regional Supervisor.
    (b) Supplemental OCS plans. You must supplement your approved EP, 
DPP, or DOCD when you propose to conduct activities on your lease(s) or 
unit that require approval of a license or permit which is not 
described in your approved EP, DPP, or DOCD. These types of changes are 
called supplemental OCS plans.


Sec.  250.284  How will MMS require revisions to the approved EP, DPP, 
or DOCD?

    (a) Periodic review. The Regional Supervisor will periodically 
review the activities you conduct under your approved EP, DPP, or DOCD 
and may require you to submit updated information on your activities. 
The frequency and extent of this review will be based on the 
significance of any changes in available information and onshore or 
offshore conditions affecting, or affected by, the activities in your 
approved EP, DPP, or DOCD.
    (b) Results of review. The Regional Supervisor may require you to 
revise your approved EP, DPP, or DOCD based on this review. In such 
cases, the Regional Supervisor will inform you of the reasons for the 
decision.


Sec.  250.285  How do I submit revised and supplemental EPs, DPPs, and 
DOCDs?

    (a) Submittal. You must submit to the Regional Supervisor any 
revisions and supplements to approved EPs, DPPs, or DOCDs for approval, 
whether you initiate them or the Regional Supervisor orders them.
    (b) Information. Revised and supplemental EPs, DPPs, and DOCDs need 
include only information related to or affected by the proposed 
changes, including information on changes in expected environmental 
impacts.
    (c) Procedures. All supplemental EPs, DPPs, and DOCDs, and those 
revised EPs, DPPs, and DOCDs that the Regional Supervisor determines 
are likely to result in a significant change in the impacts previously 
identified and evaluated, are subject to all of the procedures under 
Sec.  250.231 through Sec.  250.235 for EPs and Sec.  250.266 through 
Sec.  250.274 for DPPs and DOCDs.

Deepwater Operations Plans (DWOP)


Sec.  250.286  What is a DWOP?

    (a) A DWOP is a plan that provides sufficient information for MMS 
to review a deepwater development project, and any other project that 
uses non-conventional production or completion technology, from a total 
system approach. The DWOP does not replace, but supplements other 
submittals required by the regulations such as Exploration Plans, 
Development and Production Plans, and Development Operations 
Coordination Documents. MMS will use the information in your DWOP to 
determine whether the project will be developed in an acceptable 
manner, particularly with respect to operational safety and 
environmental protection issues involved with non-conventional 
production or completion technology.
    (b) The DWOP process consists of two parts: a Conceptual Plan and 
the DWOP. Section 250.289 prescribes what the Conceptual Plan must 
contain, and Sec.  250.292 prescribes what the DWOP must contain.


Sec.  250.287  For what development projects must I submit a DWOP?

    You must submit a DWOP for each development project in which you 
will use non-conventional production or completion technology, 
regardless of water depth. If you are unsure whether MMS considers the 
technology of your project non-conventional, you must contact the 
Regional Supervisor for guidance.


Sec.  250.288  When and how must I submit the Conceptual Plan?

    You must submit four copies, or one hard copy and one electronic 
version, of the Conceptual Plan to the Regional Director after you have 
decided on the general concept(s) for development and before you begin 
engineering design of the well safety control system or subsea 
production systems to be used after well completion.


Sec.  250.289  What must the Conceptual Plan contain?

    In the Conceptual Plan, you must explain the general design basis 
and philosophy that you will use to develop the field. You must include 
the following information:
    (a) An overview of the development concept(s);
    (b) A well location plat;
    (c) The system control type (i.e., direct hydraulic or electro-
hydraulic); and
    (d) The distance from each of the wells to the host platform.


Sec.  250.290  What operations require approval of the Conceptual Plan?

    You may not complete any production well or install the subsea 
wellhead and well safety control system (often called the tree) before 
MMS has approved the Conceptual Plan.


Sec.  250.291  When and how must I submit the DWOP?

    You must submit four copies, or one hard copy and one electronic 
version, of the DWOP to the Regional Director after you have 
substantially completed safety system design and before you begin to 
procure or fabricate the safety and operational systems (other than the 
tree), production platforms, pipelines, or other parts of the 
production system.


Sec.  250.292  What must the DWOP contain?

    You must include the following information in your DWOP:
    (a) A description and schematic of the typical wellbore, casing, 
and completion;
    (b) Structural design, fabrication, and installation information 
for each surface system, including host facilities;
    (c) Design, fabrication, and installation information on the 
mooring systems for each surface system;
    (d) Information on any active stationkeeping system(s) involving 
thrusters or other means of propulsion used with a surface system;
    (e) Information concerning the drilling and completion systems;
    (f) Design and fabrication information for each riser system (e.g., 
drilling, workover, production, and injection);
    (g) Pipeline information;
    (h) Information about the design, fabrication, and operation of an 
offtake system for transferring produced hydrocarbons to a transport 
vessel;
    (i) Information about subsea wells and associated systems that 
constitute all or part of a single project development covered by the 
DWOP;
    (j) Flow schematics and Safety Analysis Function Evaluation (SAFE) 
charts (API RP 14C, subsection 4.3c, incorporated by reference in Sec.  
250.198) of the production system from the Surface Controlled 
Subsurface Safety Valve (SCSSV) downstream to the first item of 
separation equipment;
    (k) A description of the surface/subsea safety system and emergency 
support

[[Page 51518]]

systems to include a table that depicts what valves will close, at what 
times, and for what events or reasons;
    (l) A general description of the operating procedures, including a 
table summarizing the curtailment of production and offloading based on 
operational considerations;
    (m) A description of the facility installation and commissioning 
procedure;
    (n) A discussion of any new technology that affects hydrocarbon 
recovery systems; and
    (o) A list of any alternate compliance procedures or departures for 
which you anticipate requesting approval.


Sec.  250.293  What operations require approval of the DWOP?

    You may not begin production until MMS approves your DWOP.


Sec.  250.294  May I combine the Conceptual Plan and the DWOP?

    If your development project meets the following criteria, you may 
submit a combined Conceptual Plan/DWOP on or before the deadline for 
submitting the Conceptual Plan.
    (a) The project is located in water depths of less than 400 meters 
(1,312 feet); and
    (b) The project is similar to projects involving non-conventional 
production or completion technology for which you have obtained 
approval previously.


Sec.  250.295  When must I revise my DWOP?

    You must revise either the Conceptual Plan or your DWOP to reflect 
changes in your development project that materially alter the 
facilities, equipment, and systems described in your plan. You must 
submit the revision within 60 days after any material change to the 
information required for that part of your plan.

Conservation Information Documents (CID)


Sec.  250.296  When and how must I submit a CID or a revision to a CID?

    (a) You must submit one original and two copies of a CID to the 
appropriate OCS Region at the same time you first submit your DOCD or 
DPP for any development of a lease or leases located in water depths 
greater than 400 meters (1,312 feet). You must also submit a CID for a 
Supplemental DOCD or DPP when requested by the Regional Supervisor.
    (b) If you decide not to develop a reservoir you committed to 
develop in your CID, you must submit one original and two copies of a 
revision to the CID to the appropriate OCS Region. The revision to the 
CID must be submitted within 14 calendar days after making your 
decision not to develop the reservoir and before the reservoir is 
bypassed. The Regional Supervisor will approve or disapprove any such 
revision to the original CID. If the Regional Supervisor disapproves 
the revision, you must develop the reservoir as described in the 
original CID.


Sec.  250.297  What information must a CID contain?

    (a) You must base the CID on wells drilled before your CID 
submittal, that define the extent of the reservoirs. You must notify 
MMS of any well that is drilled to total depth during the CID 
evaluation period and you may be required to update your CID.
    (b) You must include all of the following information if available. 
Information must be provided for each hydrocarbon-bearing reservoir 
that is penetrated by a well that would meet the producibility 
requirements of Sec.  250.115 or Sec.  250.116:
    (1) General discussion of the overall development of the reservoir;
    (2) Summary spreadsheets of well log data and reservoir parameters 
(i.e., sand tops and bases, fluid contacts, net pay, porosity, water 
saturations, pressures, formation volume factor);
    (3) Appropriate well logs, including digital well log (i.e., gamma 
ray, resistivity, neutron, density, sonic, caliper curves) curves in an 
acceptable digital format;
    (4) Sidewall core/whole core and pressure-volume-temperature 
analysis;
    (5) Structure maps, with the existing and proposed penetration 
points and subsea depths for all wells penetrating the reservoirs, 
fluid contacts (or the lowest or highest known levels in the absence of 
actual contacts), reservoir boundaries, and the scale of the map;
    (6) Interpreted structural cross sections and corresponding 
interpreted seismic lines or block diagrams, as necessary, that include 
all current wellbores and planned wellbores on the leases or units to 
be developed, the reservoir boundaries, fluid contacts, depth scale, 
stratigraphic positions, and relative biostratigraphic ages;
    (7) Isopach maps of each reservoir showing the net feet of pay for 
each well within the reservoir identified at the penetration point, 
along with the well name, labeled contours, and scale;
    (8) Estimates of original oil and gas in-place and anticipated 
recoverable oil and gas reserves, all reservoir parameters, and risk 
factors and assumptions;
    (9) Plat map at the same scale as the structure maps with existing 
and proposed well paths, as well as existing and proposed penetrations;
    (10) Wellbore schematics indicating proposed perforations;
    (11) Proposed wellbore utility chart showing all existing and 
proposed wells, with proposed completion intervals indicated for each 
borehole;
    (12) Appropriate pressure data, specified by date, and whether 
estimated or measured;
    (13) Description of reservoir development strategies;
    (14) Description of the enhanced recovery practices you will use 
or, if you do not plan to use such practices, an explanation of the 
methods you considered and reasons you do not intend to use them;
    (15) For each reservoir you do not intend to develop:
    (i) A statement explaining the reason(s) you will not develop the 
reservoir, and
    (ii) Economic justification, including costs, recoverable reserve 
estimate, production profiles, and pricing assumptions; and
    (16) Any other appropriate data you used in performing your 
reservoir evaluations and preparing your reservoir development 
strategies.


Sec.  250.298  How long will MMS take to evaluate and make a decision 
on the CID?

    (a) The Regional Supervisor will make a decision within 150 
calendar days of receiving your CID. If MMS does not act within 150 
calendar days, your CID is considered approved.
    (b) MMS may suspend the 150-calendar-day evaluation period if there 
is missing, inconclusive, or inaccurate data, or when a well reaches 
total depth during the evaluation period. MMS may also suspend the 
evaluation period when a well penetrating a hydrocarbon-bearing 
structure reaches total depth during the evaluation period and the data 
from that well is needed for the CID. You will receive written 
notification from the Regional Supervisor describing the additional 
information that is needed, and the evaluation period will resume once 
MMS receives the requested information.
    (c) The Regional Supervisor will approve or deny your CID request 
based on your commitment to develop economically producible reservoirs 
according to sound conservation, engineering, and economic practices.


Sec.  250.299  What operations require approval of the CID?

    You may not begin production before you receive MMS approval of the 
CID.


Sec.  250.303  [Amended]

0
6. Section 250.303 is amended as follows:

[[Page 51519]]

0
a. In paragraph (b)(2), the citation ``250.203(b)(19)'' is revised to 
read ``250.218''.
0
b. In paragraph (b)(2), the citation ``250.204(b)(12)'' is revised to 
read ``250.249''.
0
c. In paragraph (d), the citation ``250.204(b)(12)(i)(A)'' is revised 
to read ``250.218(a)''.
0
d. In paragraph (d), the citation ``250.203(b)(19)(i)(A)'' is revised 
to read ``250.249(a)''.


Sec.  250.304  [Amended]

0
7. Section 250.304 is amended as follows:
0
a. In paragraph (a)(6), the citation ``250.203(b)(19)'' is revised to 
read ``250.218''.
0
b. In paragraph (a)(6), the citation ``250.204(b)(12)'' is revised to 
read ``250.249''.
0
c. In paragraph (b), the citation ``250.203(b)(19)(i)(A)'' is revised 
to read ``250.218(a)''.
0
d. In paragraph (b), the citation ``250.204(b)(12)(i)(A)'' is revised 
to read ``250.249(a)''.


Sec.  250.1605  [Amended]

0
8. Section 250.1605 is amended as follows:
0
a. In paragraph (d), the citation ``250.203'' is revised to read 
``250.211 through 250.228''.
0
b. In paragraph (d), the citation ``250.204'' is revised to read 
``250.241 through 250.262''.

PART 282--OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS 
OTHER THAN OIL, GAS, AND SULPHUR

0
9. The authority citation for Part 282 continues to read as follows:

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


Sec.  282.28  [Amended]

0
10. Section 282.28 is amended as follows:
0
a. In paragraph (a), the citation ``250.203(b)(19)'' is revised to read 
``250.218''.
0
b. In paragraph (a), the citation ``250.204(b)(12)'' is revised to read 
``250.249''.
[FR Doc. 05-16764 Filed 8-29-05; 8:45 am]
BILLING CODE 4310-MR-P


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