51478 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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. 

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: 

• Clarify and update the review 

process; 

• Provide a concise list of the 

contents of EP, DPP, and DOCD (plan) 

submissions; and 

• 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 § 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). 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51479 

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—§ 250.200: Definitions 

are added to explain certain terms used 

in the rule. 

(2) Conservation—§§ 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—§ 250.206(b): 

The regulations allow for electronic 

filing of EPs, DOCDs, DPPs, and their 

accompanying information to expedite 

their review. 

(4) Ancillary Activities—§§ 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—§ 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—

§§ 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—§§ 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—§§ 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)—§§ 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—§§ 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)—

§ 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)—§§ 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 § 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 ‘‘nonconventional production or completion 

technology’’ in the definitions section.) 

51480 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 nonconventional 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 § 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 § 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)—§§ 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. 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51481 

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 

§ 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 § 250.200. A 

definition for ‘‘Non-conventional 

production or completion technology’’

has been added to the final rule under 

§ 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 § 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 § 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 nonproprietary 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 

§ 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 §§ 250.211(a) and 250.241(a), 

respectively. Mooring piles are 

considered part of the production 

platform under § 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 

51482 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

if the performance standard in 

§ 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 

§ 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. 

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

§ 250.207(a). Based on the language in 

§ 250.208(b)(1), OOC assumes that MMS 

cannot require notices for the other 

listed ancillary activities in § 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 § 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 § 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 § 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 

§ 250.207(b) and (c)) is required. 

Comment: OOC states that the 

requirement in § 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 § 250.207(b) and 

(c). The notice period is 15 days. 

Comment: OOC states that 

§ 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 § 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 

§ 250.196(b). MMS added this 

confidentiality statement in a new 

paragraph (c) in § 250.210. 

51484 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 §§ 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 

§ 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 §§ 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 § 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 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 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 H2S 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 § 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) § 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 § 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. 

51486 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

Comment: Ms. Peeler requests 

establishing an emission/discharge 

trading program. 

Response: No change. Emission 

offsets are covered under § 250.303(i). 

Comment: OOC notes that emission 

factors (EF) for PM10 and PM2.5 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 106 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 § 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 § 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 § 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°30′W longitude in 

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

§ 250.224(d) since much of this 

information appears to be duplicative of 

that required in § 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 § 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 § 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 

§ 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. 

51488 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 

§ 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 § 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.’’

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 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 H2S 

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 H2S at any concentration, no 

matter how low, affects an onshore area 

is too restrictive. This should be limited 

to cases where the H2S 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 § 250.1107) 

requires a lessee to ‘‘timely initiate 

enhanced oil and gas recovery 

operations for all competitive and noncompetitive 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 §§ 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 

§ 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 § 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. 

51490 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 § 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 

§ 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 

§ 250.217(e) above. 

Section 250.249(a) Projected 

emissions. 

Comment: OOC notes that emission 

factors (EF) for PM10 and PM2.5 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 106 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-bottlenecking 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 

§ 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 § 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 

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

§ 250.256(b)(5). 

Section 250.258(b) Air emissions. 

Comment: OOC recommends that 

DOCDs in areas westward of 87°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 

§ 250.224(d). Much of this information 

appears to be duplicative of that 

required in § 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 § 250.248(a), not § 250.224(d), which 

relates to EPs. 

Section 250.261(a) General 

requirements. 

Comment: OOC requests an 

explanation of how the requirements 

listed in § 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 nonroutine. 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. 

51492 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 

§ 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 

§ 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 § 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-bycase 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. 

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

§ 250.288. In many cases, preengineering 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 § 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 

§ 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 § 250.288. 

See § 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. 

51494 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 § 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 § 250.296(a)(1); its 

provisions are now covered under 

§ 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 

§ 250.296(a)(2). MMS will review only 

those subsea developments located in 

water depths greater than 400 meters 

(1,312 feet), see § 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 

§ 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 §§ 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/ 

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

§ 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 (§ 250.211 and 

§ 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 (§ 250.213 and 

§ 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 

(§§ 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 (H2S) Information 

(§ 250.215 and § 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 § 250.490 

and is consistent with the rule. 

Biological, Physical, and Socioeconomic 

Information (§ 250.216 and § 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. 

51496 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 §§ 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 

§ 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 

§ 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, 

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

51498 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 plainlanguage 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: 

• 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. 

• 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. 

• 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. 

• 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 foreignbased 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 

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

§§ 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 § 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 §§ 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

Citation 30 CFR 250 

subpart B Reporting & recordkeeping requirement Hour burden per requirement 

Average annual 

number 

Annual 

burden 

hours 

200 through 206 ...... General requirements for plans and information ....................... Burden included with specific requirements 

below. 

0 

208 .......................... Notify MMS and other users of the OCS before conducting ancillary activities.10 ............................ 20 notices ................ 200 

210(a) [New] ............ Submit report summarizing and analyzing data/information obtained or derived from ancillary activities.1 .............................. 20 reports ................ 20 

210(b) ...................... Retain ancillary activities data/information ................................. 2 .............................. 130 recordkeepers .. 260 

211 through 228 

[Expanded].

Submit EP and accompanying information (including forms 

MMS–137, MMS–138, MMS–142 used in GOMR) and provide notifications.

600 .......................... 260 plans ................ 156,000 

232(d); 234; 235(a); 

281(d)(3); 283; 

284; 285.

Submit amended, modified, revised, or supplemental EP, or 

resubmit disapproved EP.

80 ............................ 180 changed plans 14,400 

241 through 262 

[Expanded].

Submit DPP or DOCD and accompanying information (including forms MMS–137, MMS–139, MMS–142 used in GOMR) 

and provide notifications.

600 .......................... 100 plans ................ 60,000 

267(d); 272(a); 273, 

283; 284; 285.

Submit amended, modified, revised, or supplemental DPP or 

DOCD, or resubmit disapproved DPP or DOCD.

82 ............................ 215 changed plans 17,630 

269(b) ...................... Submit information on preliminary plans for leases or units in 

vicinity of proposed development and production activities.

2 .............................. 10 responses .......... 20 

281(a) ...................... Submit various applications and permits ................................... Burden included under appropriate subpart 

or form (1010–0044; 1010–0059; 1010– 

0149; 1010–0050). 

0 

282 [New] ................ Retain monitoring data/information ............................................ 2 .............................. 130 recordkeepers .. 260 

282(a) [New] ............ Submit monitoring plans ............................................................. 1 .............................. 30 plans .................. 30 

282(b) ...................... Submit monitoring reports and data (including form MMS–141 

used in the GOMR).

6 .............................. 30 reports ................ 180 

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 alternative compliance requests not 

specifically covered elsewhere in subpart B regulations.

2 .............................. 10 requests ............. 20 

Total Burden .... ..................................................................................................... ................................. 1,182 ....................... 267,880 

51500 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

Please submit any comments 

concerning these burden estimates to 

MMS at the following: 

• E-mail MMS at 

rules.comments@mms.gov. Use 1010–

AC47 in the subject line. 

• 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—rightsof-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. 

■ 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 

■ 1. The authority citation for part 250 

continues to read as follows: 

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

§ 250.102 [Amended] 

■ 2. In § 250.102(b), amend the table as 

follows: 

■ a. In paragraph (b)(2), the citation 

‘‘250.204’’ is revised to read ‘‘250.241 

through 250.262’’. 

■ b. In paragraph (b)(4), the citation 

‘‘250.203’’ is revised to read ‘‘250.211 

through 250.228’’. 

■ 3. In § 250.105, the following 

definitions are added alphabetically to 

read as follows: 

§ 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. 

* * * * * 

■ 4. In § 250.199, in paragraph (e), the 

heading of the first column, and 

paragraph (e)(2) are revised to read as 

follows: 

§ 250.199 Paperwork Reduction Act 

statements—information collection. 

* * * * * 

(e) * * * 

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

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51501 

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

* * * * * * * 

(2) Subpart B, Plans and Information (1010–0151), including the following forms: To inform MMS, States, and the public of planned exploration, 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.

* * * * * * * 

■ 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 (H2S) 

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 (H2S) 

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? 

51502 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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 

§ 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 

§§ 250.232(d) and 250.267(d)). 

Modification means a change required 

by the Regional Supervisor to an EP, 

DPP, or DOCD (see § 250.233(b)(2) and 

§ 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 §§ 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 § 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 § 250.283(b)). 

§ 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 Production Plan (DPP) .... Conduct any development and production activities on a lease or unit in any OCS area other 

than the Western Gulf of Mexico. 

(3) Operations Coordination Document (DOCD) Conduct any development and production activities on a lease or unit in the Western GOM. 

(4) Deepwater Operations Plan (DWOP) ........... Conduct post-drilling installation 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 Document (CID) ... Commence production from development 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 § 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 § 250.209, determines that an EP, 

DPP, or DOCD is necessary. 

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

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 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 (H2S) releases. 

§ 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 

§ 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 

§ 250.207(b) and (c)) in addition to those 

listed in § 250.207(a); and 

51504 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

(2) Notify other users of the OCS 

before you conduct any ancillary 

activity. 

§ 250.209 What is the MMS review process 

for the notice? 

The Regional Supervisor will review 

any notice required under § 250.208(a) 

and (b)(1) to ensure that your ancillary 

activity complies with the performance 

standards listed in § 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. 

§ 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 

§ 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 

§ 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 

§ 250.196(b). 

Contents of Exploration Plans (EP) 

§ 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 § 250.105). 

§ 250.212 What information must 

accompany the EP? 

The following information must 

accompany your EP: 

(a) General information required by 

§ 250.213; 

(b) Geological and geophysical (G&G) 

information required by § 250.214; 

(c) Hydrogen sulfide information 

required by § 250.215; 

(d) Biological, physical, and 

socioeconomic information required by 

§ 250.216; 

(e) Solid and liquid wastes and 

discharges information and cooling 

water intake information required by 

§ 250.217; 

(f) Air emissions information required 

by § 250.218; 

(g) Oil and hazardous substance spills 

information required by § 250.219; 

(h) Alaska planning information 

required by § 250.220; 

(i) Environmental monitoring 

information required by § 250.221; 

(j) Lease stipulations information 

required by § 250.222; 

(k) Mitigation measures information 

required by § 250.223; 

(l) Support vessels and aircraft 

information required by § 250.224; 

(m) Onshore support facilities 

information required by § 250.225; 

(n) Coastal zone management 

information required by § 250.226; 

(o) Environmental impact analysis 

information required by § 250.227; and 

(p) Administrative information 

required by § 250.228. 

§ 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 § 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 (email address, if available), and 

telephone number of the person with 

whom the Regional Supervisor and any 

affected State(s) can communicate about 

your EP. 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51505 

§ 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 hydrocarbonbearing reservoir showing the locations 

of proposed wells. 

(c) Two-dimensional (2–D) or threedimensional (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. 

§ 250.215 What hydrogen sulfide (H2S) 

information must accompany the EP? 

The following H2S information, as 

applicable, must accompany your EP: 

(a) Concentration. The estimated 

concentration of any H2S you might 

encounter while you conduct your 

proposed exploration activities. 

(b) Classification. Under § 250.490(c), 

a request that the Regional Supervisor 

classify the area of your proposed 

exploration activities as either H2S 

absent, H2S present, or H2S unknown. 

Provide sufficient information to justify 

your request. 

(c) H2S Contingency Plan. If you ask 

the Regional Supervisor to classify the 

area of your proposed exploration 

activities as either H2S present or H2S 

unknown, an H2S Contingency Plan 

prepared under § 250.490(f), or a 

reference to an approved or submitted 

H2S Contingency Plan that covers the 

proposed exploration activities. 

(d) Modeling report. If you modeled a 

potential H2S 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 H2S release 

from your proposed exploration 

activities. 

(2) If any H2S 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. 

§ 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. Sitespecific meteorological, physical 

oceanographic, geotechnical reports, or 

archaeological reports (if required under 

§ 250.194). 

(c) Socioeconomic study reports. 

Socioeconomic information regarding 

your proposed exploration activities. 

§ 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 

51506 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

screen velocity, percentage of water 

intake used for cooling water, mitigation 

measures for reducing impingement and 

entrainment of aquatic organisms, and 

biofouling prevention measures. 

§ 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 (SO2), particulate 

matter in the form of PM10 and PM2.5

when applicable, nitrogen oxides (NOX), 

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 § 250.303 when the projected 

emissions of SO2, PM, NOX, 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 § 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 § 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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: 

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

§ 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 § 250.217) 

and the types and quantities of such 

wastes. 

§ 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). 

§ 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. 

51508 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

§ 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 

§ 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 

§ 250.212), fulfills requirements and is 

sufficiently accurate; 

(2) You have provided all needed 

additional information (see 

§ 250.201(b)); and 

(3) You have provided the required 

number of copies (see § 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. 

§ 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 

§ 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 deemedsubmitted 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 § 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 § 250.231. 

§ 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 § 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 applicable requirements ................... The Regional Supervisor will 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 

your proposed EP.

The Regional Supervisor finds that it is inconsistent 

with the lease, the Act, the regulations prescribed 

under the Act, or notify Federal laws.

The Regional Supervisor will notify you in writing of the 

decision and describe the modifications you must 

make to your proposed EP to ensure it complies with 

all applicable requirements. 

(3) Disapprove your EP ....... Your proposed activities would probably cause serious 

harm or damage to life (including fish or other aquatic life); property; any mineral (in areas leased or not 

leased); the national security or defense; or the marine, coastal, or human environment; and you cannot 

modify your proposed activities to avoid such condition(s).

(i) The Regional Supervisor will notify you in writing of 

the decision and describe the reason(s) for disapproving your EP. 

(ii) MMS may cancel your lease and compensate you 

under 43 U.S.C. 1334(a)(2)(C) and the implementing 

regulations in §§ 250.182, 250.184, and 250.185 and 

30 CFR 256.77. 

§ 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 § 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 

§ 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 § 250.202 to 

either approve, require you to further 

modify, or disapprove your modified or 

resubmitted EP. The Regional 

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

§ 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 § 250.233(a) 

or § 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) 

§ 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 

§ 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 

§ 250.105). 

(d) Production facilities. A description 

of the production platforms, satellite 

structures, subsea wellheads and 

manifolds, lease term pipelines (see 

definition at § 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 § 250.105). 

§ 250.242 What information must 

accompany the DPP or DOCD? 

The following information must 

accompany your DPP or DOCD. 

(a) General information required by 

§ 250.243; 

(b) G&G information required by 

§ 250.244; 

(c) Hydrogen sulfide information 

required by § 250.245; 

(d) Mineral resource conservation 

information required by § 250.246; 

(e) Biological, physical, and 

socioeconomic information required by 

§ 250.247; 

(f) Solid and liquid wastes and 

discharges information and cooling 

water intake information required by 

§ 250.248; 

(g) Air emissions information required 

by § 250.249; 

(h) Oil and hazardous substance spills 

information required by § 250.250; 

(i) Alaska planning information 

required by § 250.251; 

(j) Environmental monitoring 

information required by § 250.252; 

(k) Lease stipulations information 

required by § 250.253; 

(l) Mitigation measures information 

required by § 250.254; 

(m) Decommissioning information 

required by § 250.255; 

(n) Related facilities and operations 

information required by § 250.256; 

(o) Support vessels and aircraft 

information required by § 250.257; 

(p) Onshore support facilities 

information required by § 250.258; 

(q) Sulphur operations information 

required by § 250.259; 

(r) Coastal zone management 

information required by § 250.260; 

(s) Environmental impact analysis 

information required by § 250.261; and 

(t) Administrative information 

required by § 250.262. 

§ 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 § 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. 

51510 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

(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. 

§ 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 threedimensional (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. 

§ 250.245 What hydrogen sulfide (H2S) 

information must accompany the DPP or 

DOCD? 

The following H2S information, as 

applicable, must accompany your DPP 

or DOCD: 

(a) Concentration. The estimated 

concentration of any H2S you might 

encounter or handle while you conduct 

your proposed development and 

production activities. 

(b) Classification. Under § 250.490(c), 

a request that the Regional Supervisor 

classify the area of your proposed 

development and production activities 

as either H2S absent, H2S present, or 

H2S unknown. Provide sufficient 

information to justify your request. 

(c) H2S Contingency Plan. If you 

request that the Regional Supervisor 

classify the area of your proposed 

development and production activities 

as either H2S present or H2S unknown, 

an H2S Contingency Plan prepared 

under § 250.490(f), or a reference to an 

approved or submitted H2S 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 H2S 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 H2S 

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 

H2S release from your proposed 

activities. 

(3) If any H2S 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. 

§ 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 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51511 

spacing, completion methods, and other 

relevant well plan information. 

§ 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. Sitespecific meteorological, physical 

oceanographic, geotechnical reports, or 

archaeological reports (if required under 

§ 250.194). 

(c) Socioeconomic study reports. 

Socioeconomic information related to 

your proposed development and 

production activities. 

§ 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. 

§ 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 (SO2), particulate 

matter in the form of PM10 and PM2.5

when applicable, nitrogen oxides (NOX), 

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 § 250.303 when the projected 

emissions of SO2, PM, NOX, 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 § 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 § 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. 

§ 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 

51512 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 § 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, 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51513 

quantities, and destination(s) of solid 

and liquid wastes (see § 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. 

§ 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-ofway 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 § 250.248(a)) and the types and 

quantities of such wastes. 

§ 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. 

§ 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). 

§ 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 

51514 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

proposed development and production 

activities. 

(e) References cited. Your EIA must 

include a list of the references that you 

cite in the EIA. 

§ 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 

§ 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 § 250.242), fulfills 

requirements and is sufficiently 

accurate; 

(2) You have provided all needed 

additional information (see 

§ 250.201(b)); and 

(3) You have provided the required 

number of copies (see § 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. 

§ 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 § 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 deemedsubmitted 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 § 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 § 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 § 250.266. 

§ 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. 

§ 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 

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

§ 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 deemedsubmitted 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 

§ 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 applicable requirements ................... The Regional Supervisor will 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 

your proposed DPP or 

DOCD.

It fails to make adequate provisions for safety, environmental protection, or conservation of natural resources or otherwise does not comply with the lease, 

the Act, the regulations prescribed under the Act, or 

other Federal laws.

The Regional Supervisor will notify you in writing of the 

decision and describe the modifications you must 

make to your proposed DPP or DOCD to ensure it 

complies with all applicable requirements. 

(3) Disapprove your DPP or 

DOCD.

Any of the reasons in § 250.271 apply ........................... (i) The Regional Supervisor will 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 §§ 250.183, 250.184, and 250.185 and 

30 CFR 256.77. 

§ 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 § 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. 

§ 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. 

51516 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

(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. 

§ 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 § 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 § 250.270(b)(3), and 

except as provided in § 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 § 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 

§ 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 § 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. 

§ 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 § 250.410); 

(2) Approval of production safety 

systems (see § 250.800); 

(3) Approval of new platforms and 

other structures (or major modifications 

to platforms and other structures) (see 

§ 250.901); 

(4) Approval of applications to install 

lease term pipelines (see § 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. 

§ 250.282 Do I have to conduct postapproval 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. 

§ 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; 

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

§ 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. 

§ 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 § 250.231 through 

§ 250.235 for EPs and § 250.266 through 

§ 250.274 for DPPs and DOCDs. 

Deepwater Operations Plans (DWOP) 

§ 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 nonconventional 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 

§ 250.292 prescribes what the DWOP 

must contain. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 § 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 

51518 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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. 

§ 250.293 What operations require 

approval of the DWOP? 

You may not begin production until 

MMS approves your DWOP. 

§ 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. 

§ 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) 

§ 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. 

§ 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 

§ 250.115 or § 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 inplace 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. 

§ 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 hydrocarbonbearing 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. 

§ 250.299 What operations require 

approval of the CID? 

You may not begin production before 

you receive MMS approval of the CID. 

§ 250.303 [Amended] 

■ 6. Section 250.303 is amended as 

follows: 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51519 

■ a. In paragraph (b)(2), the citation 

‘‘250.203(b)(19)’’ is revised to read 

‘‘250.218’’. 

■ b. In paragraph (b)(2), the citation 

‘‘250.204(b)(12)’’ is revised to read 

‘‘250.249’’. 

■ c. In paragraph (d), the citation 

‘‘250.204(b)(12)(i)(A)’’ is revised to read 

‘‘250.218(a)’’. 

■ d. In paragraph (d), the citation 

‘‘250.203(b)(19)(i)(A)’’ is revised to read 

‘‘250.249(a)’’. 

§ 250.304 [Amended] 

■ 7. Section 250.304 is amended as 

follows: 

■ a. In paragraph (a)(6), the citation 

‘‘250.203(b)(19)’’ is revised to read 

‘‘250.218’’. 

■ b. In paragraph (a)(6), the citation 

‘‘250.204(b)(12)’’ is revised to read 

‘‘250.249’’. 

■ c. In paragraph (b), the citation 

‘‘250.203(b)(19)(i)(A)’’ is revised to read 

‘‘250.218(a)’’. 

■ d. In paragraph (b), the citation 

‘‘250.204(b)(12)(i)(A)’’ is revised to read 

‘‘250.249(a)’’. 

§ 250.1605 [Amended] 

■ 8. Section 250.1605 is amended as 

follows: 

■ a. In paragraph (d), the citation 

‘‘250.203’’ is revised to read ‘‘250.211 

through 250.228’’. 

■ 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 

■ 9. The authority citation for Part 282 

continues to read as follows: 

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

§ 282.28 [Amended] 

■ 10. Section 282.28 is amended as 

follows: 

■ a. In paragraph (a), the citation 

‘‘250.203(b)(19)’’ is revised to read 

‘‘250.218’’. 

■ 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